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07-19-2010 Voting Order Councilwoman Bennington Councilwoman Rhodes Councilman Cooper Mayor Thomas Councilwoman Rogers AGENDA CITY COUNCIL OF EDGEW ATER REGULAR MEETING JULY 19, 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. APPROVAL OF MINUTES 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS 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 CHANGESIMODIFICATIONS 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. Approval of amendment No.2 to DEP Agreement No. G02IS, for the Eastern Shores Stormwater Improvement Project and authorize the City Manager to execute the document. 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2010-0-10; Annexation of 9.13::1:: acres of property located at 3515 U.S. Highway 1. b. 1 sl Reading - Ordinance No. 2010-0-13; Amending the Land Development Code by enacting Article X (Boat Slip Allocations). c. ISI Reading - Ordinance No. 2010-0-15; Amending Articles VI (Sign Regulations) and Article XVIII (Indian River Boulevard - S.R. 442 Corridor Design Regulations) of the Land Development Code. d. 1 sl Reading - Ordinance No. 2010-0-18; Amending Article III, Section 21-37.03 (Special Activity Requirements) of the Land Development Code. City Council Agenda July 19,2010 Page-2- 9. BOARD APPOINTMENTS a. Firefighters Pension Fund Board - Councilwoman Rhodes' appointment due to the expired term of Laura Reilly, who seeks reappointment. b. Firefighters Pension Fund Board - Council's affirmation of the re-election ofJim Jollie and Ron Hayward. 10. OTHER BUSINESS a. Approval of Draft Ordinance No. 2010-0-16; Establishing Policy to temporarily reduce impact fees for non-residential properties. b. Approval of Draft Ordinance No. 2010-0-17; Establishing Policy to temporarily defer applicable Sidewalk, Fire/EMS, Police and Transportation/Road Impact Fees. 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN Note: All items from staff for inclusion on the AUl!ust 16, 2010 agenda must be received by the City Clerk's office no later than 12:00 pm, AUl!ust 5, 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 10 ensure that a verbatim record of the proceedings is made. The City does llOt 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/. PUBLIC HEARING BOARD APPOINTMENT AGENDA REQUEST Date: July 7, 2010 RESOLUTION ORDINANCE OTHER CONSENT July 19,2010 -BUSINESS 0— ITEM DESCRIPTION: Amendment No. 2 to DEP Agreement No. G0215 for the Eastern Shores Stormwater Improvement Project. BACKGROUND: On February 23, 2007, the City of Edgewater entered into an agreement with the Florida Department of Environmental Protection (DEP) to construct a stormwater improvement project around the Eastern Shores Mobile Home Park. This agreement provided up to $474,360 in funding for the project. On January 29, 2009, the first amendment to this agreement was approved by City Council changing the scope of work with no changes in grant amount. Since this time, the City has been awarded additional funding from the Indian River Lagoon Grant, contracts have been awarded and certain activities of the project have been completed. Due to this, line item budget changes need to be amended. Other changes that have been incorporated per DEP requirements include City administration names and titles and language adding Florida Statute rules for the requirement of an audit. STAFF RECOMMENDATION: Staff recommends approval of Amendment No. 2 to Agreement No. G0215. ACTION REOUESTED: A motion to approve Amendment No. 2 to DEP Agreement No. G0215 and authorize the City Manager to execute the document. FINANCIAL IMPACT: (Finance Director) (SPECI VF BUDGET AMFENDMENT IS REQUIRED) YES NO Jo#fi McKinney, Finance PREVIOUS AGENDA ITEM: If so, DATE: Respectfully submitted, dz_�dl 2��Zzazo Brenda L. Dewees Director of Environmental Services YES NO AGENDA ITEM # Concurrence: Robin L. Matusick Paralegal Tracey . Barlow City anager AMENDMENT #1 BUDGET BY TASK: Task Project Funding Activity 319 (h) Amount Matching Contribution Match Source 1 Surve $44,534 EWSU 2 Engineering/permitting $82,800 EWSU 3 Pre are /award bid $3,000 EWSU 4 BMP Construction $352,610 $80,000 $158,707 $50,000 SJRWMD EWSU in -kind IRL Program 5 Post -award Admin. /Report Writing $10,000 6 WQ monitoring $50,000 7 Education $61,750 Total: $474,360 $419,041 Total Project Cost,. $893,401 Percentage Match: 53% 47% OTHER FUNDING (Not Match — such as land acquisition or other federal grants): OTHER INFORMATION: If this is a multi -year project, have you requested sufficient funds to complete the project (assuming funds requested herein are provided)? (State yes or no, and, if no, provide an explanation): Yes: X No: ❑ The Lead Organization, as listed on the first page of this form, agrees to comply with all requirements specified in the guidance package and in the federal grant regulations. Checking "no" or "yes, except" will cause the project to have a lower ranking than similar projects by lead organizations that agree to the requirements: Yes: X No: ❑ Yes, except: ❑ (Note: List exceptions below.) Exceptions: REFERENCES CITED: England, Gordon, 2003. Conceptual Upper Lake Tohopekaliga Restoration Study Harper, Harvey. Stormwater Chemistry and Water Quality Lim, S. and V. Olivieri, 1982. Sources of Microorganisms in Urban Runoff. John Hopkins School of Public Health and Hygiene. Jones Falls Urban Runoff Project. Baltimore, MD. 140 pp. Pitt, R., 1998. Stormwater Quality Management. Epidemiology and Stormwater Management. Schueler, T.R., 1987. Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs, Department of Environmental Programs, Metropolitan Washington Council of Governments, Washington, D. C. Van der Wei, B., 1995. Dog Pollution, Magazine of the Hydrological Society of South Australia, Volume 2(1). r1FP A orvPmPnt Nn (;(171 S Attarhment A -1 Pane R of 19 -4 -- Attachment A -I, Revised Grant Work Plan, Budget By Task is hereby deleted in its entirety and replaced with the following: BUDGET BY TASK: Task Project Funding Activity 319 (h) Amount Matching Contribution Match Source 1 Survey $12,360 EWSU 2 Engineering,/permitting $104,602 EWSU 3 Prepare/award bid $2,000 EWSU 4 BMP Construction of Stormwater Facilities $412,610 $38,160 $46,589 $100,000 $16,330 EWSU EWSU in -kind IRL Prograin EWSU 5 Project Administration $49,000 EWSU 6 Monitoring $50,000 7 Education $61,750 Total: $474,360 $419,041 Total Project Cost: $893,401 Percentage Match: 53% 47% -- Attachment A -1, Revised Grant Work Plan, Pages 14 through 18 of 18 are hereby deleted in their entirety and replaced with Attachment A -I, Revised Grant Work Plan, Pages 14 through 17 (Revised) of 17, attached hereto and made a part of the Agreement. -- Attachment B, Payment Request Summary Form and Instructions, is hereby deleted in its entirety and replaced with Attachment B -1, Revised Payment Request Summary Form and Instructions, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B shall hereinafter refer to Attachment B -1, Revised Payment Request Summary Form and Instructions. -- Attachment E -1, Revised Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment E -2, Second Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment E -1 shall hereinafter refer to Attachment E -2, Second Revised Special Audit Requirements. -- Attachment L, Certification of Applicability to Single Audit Act Reporting, attached hereto is hereby added to the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0215, Amendment No. 2, Page 4 of 5 DEP AGREEMENT NO. G0215 AMENDMENT NO. 2 THIS AGREEMENT as entered into on the 23`d day of February, 2007 and amended on the 29`h day of January, 2009, between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP ") and the CITY OF EDGEWATER (hereinafter referred to as the "Grantee" or "Recipient ") is hereby amended. WHEREAS, between the loss of personnel and the magnitude of the project, the Grantee has decided to subcontract the majority of the work; and, WHEREAS, the Grantee has requested and the Department has agreed to changes to the project budget of the Agreement to allow for the project to be subcontracted as necessary; and, WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: -- Paragraph 3A, the second sentence is hereby deleted in its entirety and replaced with the following: Prior written approval from the Department's Grant Manger shall be required for changes between budget categories of up to 10% of the total budget amount. -- Paragraph 3B is hereby revised to add the following language after the second sentence: The Grantee shall submit the Payment Request Summary Form to the Department in accordance with the requirements in paragraph 5A of this Agreement. A final payment request must be submitted to the Department no later than thirty (30) days following the completion date of the Agreement, to assure the availability of funds for payment. Each payment request submitted shall document all matching funds and/or match efforts (i.e. in -kind services) provided during the period covered by each request. -- Paragraph 3B1 is hereby deleted in its entirety and replaced with the following: Salaries /Wages — The Grantee shall not be reimbursed for direct salaries or multipliers (i.e., fringe benefits, overhead, and/or general and administrative rates) for Grantee's employees. However, the Grantee may document these expenditures for meeting its match requirements. -- Paragraph 3C, the last sentence is hereby deleted in its entirety and replaced with the following language: State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http: /,'www.fldfs.com/aadir /reference %SFguide; allowable costs for Federal Programs can be found under 48 CFR Part 31 and Appendix E of 45 CFR Part 74, at http:// www .access.gpo.p-ov /nara/cfr /cfr- table- search.htmi and OMB Circulars A -87 (2 CFR 225), A -122 (2 CFR 230), A -21 (2 CFR 220); and administrative requirements can be found in OMB Circulars A -102 and A -110 (2 CFR 215) at http:// www. whitehouse .gov /omb /circulars /index.htnil #numerical. -- Paragraph 3D, the last sentence is hereby deleted in its entirety and replaced with the following language: All cost sharing/match shall meet the federal requirements established in 40 CFR Part 30, 40 CFR Part 31 and OMB Circulars A -87 (2 CFR 225), A -122 (2 CFR 230) and A -21 (2 CFR 220), as applicable. -- Paragraph 3E, Applicable Cost Principles, is hereby revised to change OMB Circular A -87, OMB Circular A -122, and OMB Circular A -21 to OMB Circular A -87 (2 CFR 225), OMB Circular A -122 (2 CFR 230), and OMB Circular A -21 (2 CFR 220) respectively. DEP Agreement No. G0215, Amendment No. 2, Page 1 of 5 -- Paragraph 5A is hereby deleted in its entirety and replaced with the following: A. The Grantee shall submit the Payment Request Summary Form in conjunction with the Progress Report Form, at a minimum on a quarterly basis. Progress Reports shall describe the work performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. The Grantee shall utilize Attachment D, Progress Report Form, for submitting its progress report. Reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the reporting period. The Final Project Report shall be submitted no later than the completion date of this Agreement. The Department's Grant Manager shall have ten (10) calendar days to review reports and deliverables submitted by the Grantee. Final payment, up to ten (10) percent of the total Agreement amount identified in paragraph 3.A., may be withheld until all work is completed and the Final Project Report has been received and approved. -- Paragraph 5C is hereby deleted in its entirety and replaced with the following: C. Pursuant to EPA Order 1000.25 and Executive Order 13 10 1, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition, the Grantee agrees to use recycled paper for all reports which are prepared as a part of this Agreement and delivered to the Department. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. -- Paragraph 7D is hereby revised to change the Florida Statute Section number to I I9.07(1)(a). -- Paragraph 10 is hereby revised to include the following language as subparagraph C: C. In addition, the Grantee agrees to complete and submit the Certification of Applicability to Single Audit Act Reporting, Attachment L, attached hereto and made a part hereof, within four (4) months following the end of the Grantee's fiscal year. Attachment L should be submitted to the Department's Grants Development and Review Manager at 3900 Commonwealth Boulevard, Mail Station 93, Tallahassee, Florida 32399 -3000. The Grants Development and Review Manager is available to answer any questions at (850) 245 -2361. -- Paragraph 11 is hereby deleted in its entirety and replaced with the following: IL A. The Grantee may not subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The payment terms of the subcontract shall comply with the payment terms of this Agreement (for example, if payment under this Agreement is being made on a cost reimbursement basis, then the subcontract should also be cost reimbursement). The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) days after execution. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the DEP Agreement No. G0215, Amendment No. 2, Page 2 of 5 Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Grantee agrees to comply with the procurement requirements contained in 40 C.F.R. 31.36 for its selection of subcontractors. C. The Grantee agrees to notify the Department of all subcontractors not identified in the Grant Work Plan no less than twenty (20) days prior to the effective date of the subcontracts for the purpose of approval by the Department. D. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487 -0915. -- Paragraph 15 is hereby revised to change the Grantees Grant Manager for administrative matters to Tracey Barlow, the email to TTBarlow@..cityofedgewater.org, and the title of the Grantees Grant Manager for technical matters to Director of Environmental Services. -- Paragraph 20 is hereby deleted in its entirety and replaced with the following: 20. The Department may at any time, by written order designated to be a change order, make any change in the Grant Manager information or task timelines within the current authorized Agreement period. All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an increase or decrease in the Grantee's cost or time, shall require formal amendment to this Agreement. -- Attachment A -1, Revised Grant Work Plan, the contact person information is hereby changed from Tracey Barlow, Acting City Manager to Tracey Barlow, City Manager and from Brenda L. Dewees, Interim Director of Environmental Services to Brenda L. Dewees, Director of Environmental Services. -- Attachment A -1, Revised Grant Work Plan, the footers are hereby deleted in their entirety and replaced with the following: DEP Agreement No. G0215, Attachment A -1, Page # of 17 -- Attachment A -1, Revised Grant Work Plan, Page 7 of 18 is hereby deleted in its entirety and replaced with Attachment AA, Revised Grant Work Plan, Page 7 (Revised) of 17, attached hereto and made a part of the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0215, Amendment No. 2, Page 3 of 5 -- Attachment A -1, Revised Grant Work Plan, Budget By Task is hereby deleted in its entirety and replaced with the following: BUDGET BY TASK: Task Project Funding Activity 319 (h) Amount Matching Contribution Match Source 1 Survey $12,360 EWSU 2 Engineering/permitting $104,602 EWSU 3 Prepare/award bid $2,000 EWSU 4 BMP Construction of Stormwater Facilities $412,610 $38,160 $46,589 $100,000 $16,330 EWSU EWSU in -kind IRL Program EWSU 5 Project Administration $49,000 EWSU 6 Monitoring $50,000 7 Education $61,750 Total: 11 $474,360 $419,041 Total Project Cost: $893,401 Percentage Match: 53% 1 47% -- Attachment A -1, Revised Grant Work Plan, Pages 14 through 18 of 18 are hereby deleted in their entirety and replaced with Attachment A -1, Revised Grant Work Plan, Pages 14 through 17 (Revised) of 17, attached hereto and made a part of the Agreement. -- Attachment B, Payment Request Summary Form and Instructions, is hereby deleted in its entirety and replaced with Attachment B -1, Revised Payment Request Summary Form and Instructions, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B shall hereinafter refer to Attachment B -1, Revised Payment Request Summary Form and Instructions. -- Attachment E -1, Revised Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment E -2, Second Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment E -1 shall hereinafter refer to Attachment E -2, Second Revised Special Audit Requirements. -- Attachment L, Certification of Applicability to Single Audit Act Reporting, attached hereto is hereby added to the Agreement. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0215, Amendment No. 2, Page 4 of 5 In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. CITY OF EDGEWATER *Title: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION B: - y Secretary or Designee / Date: Taufiqul Aziz, DEP Grant Manager n kOd/Z, DEP Contracts Administrator Approved as to form and legality: aft w � �- DEP tttorney *For Agreements with governmental boards /commissions: If someone other than the Chairman signs this Amendment, a resolution, statement or other document authorizing that person to sign the Amendment on behalf of the Grantee must accompany the Amendment. List of attachments /exhibits included as part of this Amendment: Specify Type Letter/Number Attachment A -1 Attachment A -1 Attachment B -1 Attachment E -1 Attachment L Description (include number of pages) Revised Grant Work Plan, Page 7 (Revised) of 17 (1 Page) Revised Grant Work Plan, Pages 14 through 17 (Revised) of 17 (4 Pages) Revised Payment Request Summary Form and Instructions (2 Pages) Second Revised Special Audit Requirements (5 Pages) Certification of Applicability to Single Audit Act Reporting (3 Pages) DEP Agreement No. G0215, Amendment No. 2, Page 5 of 5 Public Education Deliverables 319 h Amount Match Amount Increase awareness Flyers $2,000 Month 16 2 Kiosks $750 Month 25 3 Newspaper ads $1,500 Month 28 4 Posters $500 Month 43 5 PSA air time $29,000 Production Month 60 Facilitate behavior Pet waste receptacles $4,000 Installation) Month 60 Evaluate Pre - observation report. $12,000 (UCF time) Month 60 Surveying Post - observation report $12,000 UCF time) EWSU Total $61,750 EWSU PROJECT MILESTONES: Task Activity Start Complete 1 Surveying Month 1 Month 16 2 Engineering Design Month 4 Month 25 3 Bidding Month 23 Month 28 4 BMP Construction Month 28 Month 43 5 Project Administration Month 1 Month 60 6 Monitoring Month 43 Month 60 7 Education Month 6 Month 60 PROJECT BUDGET: Project Funding Category 319 (h) Amount Matching Contribution Match Source Salaries: $6 /mo. Grant Administration Indian River Lagoon snook license plate funding grant contract in process) $51,000 EWSU Construction $46,589 EWSU Travel Equipment Supplies/Other Expenses: Contractual Services: Construction — Barracuda $412,610 $100,000 $38,160 IRL Program EWSU Surveying $12,360 EWSU Engineering/Permitting $104,602 EWSU Contract Admin/Ins ection $16,330 EWSU BMP Implementation Monitoring $50,000 Public Education $61,750 Total: $474,360 $419,041 Total Project Cost: $893,401 Percentage Match: 53% 47% B &H Consultants is the design/surveying /inspection engineer. Barracuda Building Corporation is the construction contractor. MATCH SOURCE INFORMATION: Match Source Name Description ERU/Fee EWSU Edgewater Stormwater Utility $6 /mo. IRL Program Indian River Lagoon snook license plate funding grant contract in process) $100,000 DEP Agreement No. G0215, Attachment A -1, Page 7 (Revised) of 17 DEP CONTRACT BUDGET FORM -319 FUNDING PROJECT TITLE: City of Edgewater Eastern Shores Stormwater Proiect Items below to be completed by the Contractor. See instructions on reverse side. 1. PERSONNEL EXPENSES A. Salaries - (Name/Title /Position) Hourly Cost ($) Hours Totals ($) * * * Total Salaries 0 B. Fringe Benefits (Rate% * Total salaries applicable) Rate % Total Sal. App. Total $ (Included in Hourly Cost) 0.00% * 0 0 Total Personnel Expenses (A +B) 2. Su lies Description Unit Cost $ Quantity Totals $ * * Total Supplies 0 3. Equipment Description Unit Cost $ Quantity Totals $ * = 0 * = 0 * = 0 Total Equipment 0 4. Travel Per Fare/ Purpose /Destination Days Diem $ Rate $ Mileage Totals $ Total Travel 0 5. Contractual Name or Services Fee /Rate $ Hours Totals $ Contract- Barracuda * = 412610 * = 0 * Total Contractual 412610 6. Other Expenses (Itemize) Description Unit Cost $ Quantity Totals $ Education Kiosks, Flyers, Bags, etc * = 61750 * = 0 * = 0 7. Overhead /Indirect - Base: S. Total 319 Budget DEP 55 -207 (03 -02) DEP Agreement No. G0215, Attachment A -1, Page 14 (Revised) of 17 Total Miscellaneous 61750 SUBTOTAL (1 thru 6) 474360 Rate % Base $ Total $ 0.00% * 0 = 0 $ 474360 DEP CONTRACT BUDGET FORM -MATCH FUNDING (City of Edgewater Stormwater Utility) PROJECT TITLE: City of Edgewater Eastern Shores Stormwater Project Items below to be completed by the Contractor. See instructions on reverse side. 1. PERSONNEL EXPENSES A. Salaries - (Name/Fitle /Position) Hourly Cost ($) Hours Totals ($) Grant Administration 70.00 * = 51000 Deputy /Superintendent/Team Leader 45.00 * — 27000 Crew Chief 36.00 7200 Utililies System Tech 22.00 4400 Maintenance Worker 22.00 4400 Equipment Operator 35.00 3589 Total Salaries 97589 B. Fringe Benefits (Rate% * Total salaries applicable) Rate % Total Sal. App. Total $ (Included with Hourly Cost) 0.00% * 0 0 Total Personnel Expenses (A +B) 2. Supolies Description Unit Cost $ Quantity * Totals $ Total Supplies 0 3. Equipment Description Unit Cost $ Quantity Totals $ * = 0 Total Equipment 0 4. Travel Per Fare/ Purpose /Destination Days Diem $ Rate $ Mileage Totals $ [ ] +[ l= 0 [ ] +[ ]= 0 Total Travel 0 5. Contractual Name or Services Fee /Rate $ Hours Totals $ Contract - Barracuda * — 38160 Surveying * = 12360 Engineering /Permitting * — 104602 Contract Admin /Inspection * — 16330 Water Quality Monitoring/Testing 50000 Total Contractual 221452 6. Other Expenses Description Unit Cost $ Quantity Totals $ * — 0 * — 0 Total Miscellaneous 0 SUBTOTAL (1 thru 6) 319041 7. Overhead /Indirect - Base: Rate % Base $ Total $ 0.00% * 0 — 0 8. Total Match Budget $ 319041 DEP Agreement No. G0215, Attachment A -1, Page 15 (Revised) of 17 DEP CONTRACT BUDGET FORM -MATCH FUNDING (Indian River Lagoon Program Grant) PROJECT TITLE: City of Edgewater Eastern Shores Stormwater Project Items below to be completed by the Contractor. See instructions on reverse side. 1. PERSONNEL EXPENSES A. Salaries - (Name/Title /Position) Hourly Cost ($) Hours * Total Salaries B. Fringe Benefits (Rate% * Total salaries applicable) Rate % Total Sal. App. 0.00% * 0 Total Personnel Expenses (A +B) 2. Supplies Description Unit Cost $ Quantity * * Totals ($) 0 Total $ 0 Totals $ 7. Overhead /Indirect - Base: S. Total Match Budget Total Miscellaneous 0 SUBTOTAL (1 thru 6) 100000 Rate % Base $ Total $ 0.00% * 0 = 0 DEP Agreement No. G0215, Attachment A -1, Page 16 (Revised) of 17 Total Supplies 0 3. Equipment Description Unit Cost $ Quantity Totals $ * = 0 * = 0 Total Equipment 0 4. Travel Per Fare/ Purpose/ Destination Days Diem $ Rate $ Mileage Totals $ [ +[ ]= 0 Total Travel 0 5. Contractual Name or Services Fee /Rate $ Hours Totals $ Contract- Barracuda * = 100000 * = 0 * = 0 Total Contractual 100000 6. Other Expenses Description Unit Cost $ Quantity Totals $ * = 0 * = 0 7. Overhead /Indirect - Base: S. Total Match Budget Total Miscellaneous 0 SUBTOTAL (1 thru 6) 100000 Rate % Base $ Total $ 0.00% * 0 = 0 DEP Agreement No. G0215, Attachment A -1, Page 16 (Revised) of 17 DEP CONTRACT BUDGET FORM -TOTAL PROJECT PROJECT TITLE: City of Edgewater Eastern Shores Stormwater Project Items below to be completed by the Contractor. See instructions on reverse side. 1. PERSONNEL EXPENSES A Cal;mnc - (Namoffiflo /Pncitinn\ I-".,Iv (-f (2\ 1In rc Deputy/Superintendent /Team Leader Crew Chief Utilities System Tech Maintenance Worker Equipment Operator B. Fringe Benefits (Rate% * Total salaries applicable) Included in Hourly Cost 2. Supplies Description Totals ($) 51000 45.00 * = 27000 36.00 7200 22.00 4400 22.00 4400 35.00 * = 3589 Total Salaries 97589 Rate % Total Sal. App. Total $ 0.00% * 0 0 Total Personnel Expenses (A +B) Unit Cost $ Quantity Totals $ DEP Agreement No. G0215, Attachment A -1, Page 17 (Revised) of 17 Total Supplies 0 3. E ui ment Description Unit Cost $ Quantity Totals $ * = 0 Total Equipment 0 4. Travel Per Fare/ Purpose /Destination Days Diem $ Rate $ Mileage Totals $ Total Travel 0 5. Contractual Name or Services Fee /Rate $ Hours Totals $ Contract- Barracuda * = 550770 Contract Admin/Inspection 16330 Water Quality Monitoring/Testing * = 50000 Surveying * = 12360 Eng i neeri ng/ Permitting * = 104602 Total Contractual 734062 6. Other Expenses Description Unit Cost $ Quantity Totals $ Education Kiosks, Flyers, Bags, etc * = 61750 Total Miscellaneous 61750 SUBTOTAL (1 thru 6) 893401 7. Overhead /Indirect - Base: Rate % Base $ Total$ 0.00% * 0 = 0 S. Total Project Budget $ 893401 DEP Agreement No. G0215, Attachment A -1, Page 17 (Revised) of 17 ATTACHMENT B -1 REVISED PAYMENT REQUEST SUMMARY FORM Grantee: Mailing Address: DEP Agreement No.: G0215 Date Of Request: Amount Requested:$ Grantee's Grant Manager: Payment Request No.: Performance Period: Percent Matching Required: GRANT EXPENDITURES SUMMARY SECTION [Effective Date of Grant through End -of -Grant Period] CATEGORY OF EXPENDITURE AMOUNT OF THIS REQUEST TOTAL CUMULATIVE PAYMENTS MATCHING FUNDS TOTAL CUMULATIVE MATCHING FUNDS Salaries $N /A $N /A $ $ Fringe Benefits $N /A $N /A $N /A $N /A Travel (if authorized) $N /A $N /A $N /A $N /A Subcontracting: Contractual $ S $ $ BMP Implementation (Construction) $N /A SN /A $ $ Monitoring $ $ $N /A $N /A Public Education $ $ $N /A $N /A Equipment Purchases $N /A $N /A $N /A $N /A Supplies /Other Expenses $N /A $N /A $N /A $N /A Land $N /A $N /A $N /A $N /A Indirect $N /A $N /A $N /A $N /A TOTAL AMOUNT $ $ $ $ AGREEMENT AMOUNT $ $ Less Total Cumulative Payments of: $ S TOTAL REMAINING IN GRANT $ $ Ito GRANTEE CERTIFICATION The undersigned certifies that the amount being requested for reimbursement above was for items that were charged to and utilized Grantee's Grant Manager's Signature Print Name Telephone Number DEP 55 -223 (02/07) DEP Agreement No. G0215, Attachment B -1, Page 1 of 2 for the above cited grant activities. Grantee's Fiscal Agent Print Name Telephone Number INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM GRANTEE: Enter the name of the grantee's agency. MAILING ADDRESS: Enter the address that you want the state warrant sent. DEP AGREEMENT NO.: This is the number on your grant agreement. DATE OF REQUEST: This is the date you are submitting the request. AMOUNT REQUESTED: This should match the amount on the "TOTAL AMOUNT" line for the "AMOUNT OF THIS REQUEST' column. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period. PERCENT MATCHING REQUIRED: Enter your match requirement here. GRANT EXPENDITURES SUMMARY SECTION: "AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was paid out during the invoice period for which you are requesting reimbursement. This must agree with the budget category as in the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Budget Narrative section of the current Grant Work Plan. Enter the column total on the "TOTAL AMOUNT' line. Enter the amount of the Agreement on the "AGREEMENT AMOUNT' line. Enter the total cumulative amount of this request and all previous payments on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF" from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT' line. "TOTAL CUMULATIVE PAYMENTS" COLUMN: Enter the cumulative amounts that have been claimed to date for reimbursement by budget category. The final report should show the total of all payments; first through the final payment (this amount cannot exceed the approved budget amount for that budget category). Enter the column total on the "TOTALS" line. Do not enter anything in the shaded areas. "MATCHING FUNDS" COLUMN: Enter the amount to be claimed as match for the invoice period. This needs to be shown under specific budget categories according to the currently approved Grant Work Plan. Enter the total on the "TOTAL AMOUNT' line for this column. Enter the match budget amount on the "AGREEMENT AMOUNT' line for this column. Enter the total cumulative amount of this and any previous match claimed on the "LESS TOTAL CUMULATIVE PAYMENTS OF' line for this column. Deduct the "LESS TOTAL CUMULATIVE PAYMENTS OF' from the "AGREEMENT AMOUNT' for the amount to enter on the "TOTAL REMAINING IN GRANT' line. "TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to date for match by budget category. Put the total of all on the line titled "TOTALS." The final report should show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas. GRANTEE CERTIFICATION: Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTE: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. DEP 55 -223 (02/07) DEP Agreement No. G0215, Attachment B- 1, Page 2 of 2 ATTACHMENT E -2 SECOND REVISED SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department ", "DEP ", "FDEP" or "Grantor ", or other name in the contract /agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http: /!12.46.245.173 /efda /efda.btmi. DEP 55 -215 (03/09) DEP Agreement No. G0215, Attachment E -2, Page 1 of 5 PART I1: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(m), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Attachment indicates state financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass- through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If the 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, Florida Statutes, is not required. In the event that the recipient expends less than $500,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:Happs.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg. state .fl.us /Welcome /index.cfm, State of Florida's website at http:Hwww.nivflorida.com /, Department of Financial Services' Website at http: / /www.fldfs.com/ and the Auditor General's Website at http: / /www.state.fl.us /aud_gen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i. e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by PART I of this Attachment shall be submitted, when required by Section .320 (d), OMB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: DEP 55 -215 (03/09) DEP Agreement No. G0215, Attachment E -2, Page 2 of 5 A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http : / /harvester.census.gov /fac/ C. Other Federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55 -215 (03/09) DEP Agreement No. G0215, Attachment E -2, Pa-e 3 of 5 4. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399 -3000 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55 -215 (03/09) DEP Agreement No. G0215, Attachment E -2, Page 4 of 5 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Resources Awarded to the Reci Tent Pursuant to this Agreement Consist of the Following: Federal Program Number Federal Agency CFDA Number CFDA Title Funding Amount State Appropriation Category Original Agreement U.S. Environmental Protection Agency 66.460 Nonpoint Source Implementation Grants $474,360.00 140076 State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Matching Resources for Federal Pro rams: Federal Program Number Federal Agency CFDA CFDA Title Funding Amount State Appropriation Category State Appropriation Category State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97, F.S.: State Program Number Funding Source State Fiscal Year CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award 1 $474,360.00 For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [http:/ /12.46.245.173 /cfda/cfda.litml] and /or the Florida Catalog of State Financial Assistance (CSFA) [https: // apps. fldfs .com /fsaa /searchCatalog.aspx]. The services /purposes for which the funds are to be used are included in the Contract scope of services /work. Any match required by the recipient is clearly indicated in the Contract. DEP 55 -215 (03/09) DEP Agreement No. G0215, Attachment E -2, Page 5 of 5 ATTACHMENT L CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING Grantee's Name: Grantee Fiscal Year Period: FROM: TO: Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: CERTIFICATION STATEMENT: I hereby certify that the above information is correct. Signature Date Print Name and Position Title DEP Agreement No. G0215, Attachment L, Page 1 of 3 INSTRUCTIONS FOR COMPLETING THE ATTACHMENT Grantee Fiscal Year Period: FROM: Month/Year TO: Month/Year NOTE: THIS SHOULD BE THE GRANTEE'S FISCAL YEAR FROM (MONTH/YEAR) TO (MONTH/YEAR). Total State Financial Assistance Expended during Grantee's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL STATE FINANCIAL ASSISTANCE EXPENDED FROM ALL STATE AGENCIES, NOT JUST DEP. Total Federal Financial Assistance Expended during Grantee's most recently completed Fiscal Year: NOTE: THIS AMOUNT SHOULD BE THE TOTAL FEDERAL FINANCIAL ASSISTANCE EXPENDED FROM ALL FEDERAL AGENCIES, NOT JUST THROUGH DEP. E.1 The Certification should be signed by your Chief Financial Officer. Please print the name and include the title and date of the signature. DEP Agreement No. G0215, Attachment L, Page 2 of 3 CERTIFICATION OF APPLICABILITY TO SINGLE AUDIT ACT REPORTING FREQUENTLY ASKED QUESTIONS 1. Question: Do I complete and return this form when I return my signed Agreement /Amendment? Answer: No, this form is to be completed and signed by your Chief Financial Officer and returned 4 months after the end of your fiscal year. 2. Question: Can I fax the form to you? Answer: Yes, you can fax the Certification form, the fax number is 850/245 -2411. 3. Question: How can I submit the form if our audit is not completed by the due date of this letter? Answer: You should be able to complete the form from the information in your accounting system. This is just to let our Office of the Inspector General know which entities they should be getting an audit from. If you are under the threshold you do not have to submit a copy of your audit, only the Certification form. 4. Question: Do you only want what we received from DEP? Answer: No, the Single Audit is the TOTAL AMOUNT of funds that you expended towards all state or federal grants that you receive. You should list those that are specific to DEP on the form. 5. Question: Do I have to submit the completed form and a copy of my audit? Answer: No, you do not have to submit your audit unless you are over the threshold of $500,000. If you would prefer to submit your audit (CAFR) instead of the form, that is fine. You must submit a paper copy of your audit, we cannot receive it electronically. 6. Question: Our CAFR will not be ready before your due date and we don't have the information necessary to complete the certification. Can we get an extension? Answer: Yes, just send us an Email letting us know when you will have your CAFR completed and we will place the Email with your letter in our file so that you don't get a 2 °d notice. 7. Question: Can I submit my Certification Form or CAFR electronically? Answer: Yes, you can submit them by Email to Debbie.skelton( i)dep.state.fl.us DEP Agreement No. G0215, Attachment L, Page 3 of 3 AGENDA REQUEST C.A. #AN -1001 Date: July 8, 2010 PUBLIC HEARING July 19, 2010 RESOLUTION BOARD APPOINTMENT CONSENT ITEM DESCRIPTION: 2 "d Reading Ordinance No. 2010 -0 -10 OWNER: Indian River Self Storage, LLC APPLICANT /AGENT: Howard Hewitt REQUESTED ACTION: Annexation I ORDINANCE July 19, 2010 OTHER BUSINESS Indian River Self Storage, LLC requesting annexation of 9.13± acres of property located at 3515 U.S. Highway 1. PROPOSED USE: expansion of an existing mini - warehouse facility LOCATION: 3515 U.S. Highway I AREA: 9.13± 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 FL UM Desi nation Zoning District North Vacant/Undeveloped/Single Volusia 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 -1 - Single Family Residential Low Density Residential with Conservation Overlay West Single Family Residential Volusia County Urban Volusia County A -3 Low Intensit (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± acre parcel. They are proposing a 38,000± 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 also seeking an amendment to the Future Land Use and Zoning Maps to include this 9.13± acre parcel. These requests will be heard at a later date. 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 May 12, 2010, the Planning and Zoning Board voted 5 -0 to send a favorable recommendation to City Council to annex the 9.13± acres of property located at 3515 U.S. Highway 1. At their regular meeting of June 21, 2010, City Council held a first reading and voted 5 -0 to approve the annexation. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2010 -0 -10, annexation of 9.13± 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) PREVIOUS AGENDA ITEM: If so, DATE: Respe ully submitte , Darren Lear Development Services Director YES NO X YES NO X AGENDA ITEM # Concurrence: Robin L. Matusick Paralegal Tracey City anager ORDINANCE NO. 2010-0-10 AN ORDINANCE ANNEXING 9.13 ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3515 U. S. HIGHWAY NO. 1, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEWATER CORPORATE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, 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 5 to 2 that the property be annexed into the City of Edgewater. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: HI Strip passages are deleted. Underlined passages are added. #2010 -0 -10 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 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 Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. 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 gttike thr-eugh 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 Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by Councilwoman Bennington with Second by Councilwoman Rhodes, the vote on the first reading hearing of this ordinance held on May 17, 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 ABSENT 3 S"f ike through 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 4 S#ike through passages are deleted. Underlined passages are added. #2010 -0 -10 I:\•/ d NAY day of , 2010. CITY COUNCIL OF THE CITY OF EDGEWATER, 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_ EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia 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 22 °50'41" 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 69 °00'00" E along said North line for a distance of 1452.81 feet; thence departing said North line S 22 °50'41" 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 69 °00'08" W 1452.81 feet to the Easterly right -of -way of U.S. Highway No. 1; thence N 22 °50'41" 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 Volusia 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 22 °50'41" 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 69 °00'00" 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 10 °08'43 ", radial line bearing N 06 °42'49" E, and the Point of Beginning; thence Southeasterly along said curve 56.64 feet to the Point of Tangency; thence N 86 °34'03" 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 57 °06'36 ", a radial line bearing N 03 °25'53" 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 25'52'16", radial line bearing S 60 °32'38 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 69 °00'00" 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 12 °19'30 ", a radial line bearing S 5 Stf e t#eugh passages are deleted. Underlined passages are added. #2010 -0 -10 48 °13'08" 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 57 °06'45 ", a radial line bearing N 60 °32'38" W; thence Westerly along said curve 208.30 feet to a Point of Tangency; thence S 86 °33'35" 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 69 °00'00" W, 66.27 feet along said North line to the Point of Beginning. Containing 9.13 + acres more or less. T Stfike thr-autgh passages are deleted. Underlined passages are added. #2010 -0 -10 1+ x� `11 EXMMT "B" AGENDA REQUEST C.A. #2010-TA-1003 Date: July 7, 2010 PUBLIC HEARING July 19.2010 RESOLUTION BOARD APPOINTMENT CONSENT ITEM DESCRIPTION: I" Reading — Ordinance No. 2010 -0 -13 APPLICANT /AGENT: City of Edgewater 3 ORDINANCE X OTHER BUSINESS Amending the City of Edgewater Land Development Code (LDC) to enact Article X (Boat Slip Allocation) REQUESTED ACTION: Approve the LDC text amendment to enact Article X (Boat Slip Allocation) pursuant to Phase II, the Boat Facility Siting Component of the Volusia County Manatee Protection Plan (MPP) as endorsed by City Council in August 2005. Background: As directed by the State, Volusia County was one of thirteen (13) counties charged with developing a MPP. The goal of the MPP is to reduce manatee injury and mortality while taking into consideration natural resources, recreational usage and economic factors. Phase II of the Manatee Protection Plan sets forth framework for permitting of boat slips along our waterways. The City received approval from the State to utilize the "slip aggregation" option, which creates a level of service for the number of slips that resulted in 798 motorized slips along our shoreline. Upon subtracting existing slips and residential parcels (of record as of 07/13/2005), there are 418 spaces available in the excess boat slip pool. The excess boat slip allocation is provided to allow for a fair and reasonable means of authorizing development of the limited number of boat slips allocated to the City STAFF RECOMMENDATION: Staff recommends approving Ordinance 2010 -0 -13; the LDC text amendment to enact Article X (Boat Slip Allocation) ACTION REQUESTED: Motion to approve Ordinance 2010 -0 -13. FINANCIAL IMPACT:(Finance Director) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: If so, DATE: Respec lly submitt , Darre6 Lear Development Services Director YES NO AGENDA ITEM # Concurrence: Robin L. Matusick Paralegal racVarnager arlow City ORDINANCE NO. 2010-0-13 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING CHAPTER 21 (LAND DEVELOPMENT CODE) BY ENACTING ARTICLE X (BOAT SLIP ALLOCATION); 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: WHEREAS, the Volusia County Manatee Protection Plan limits the number of boat slips allowed to exist within the City limits along the Indian River; and WHEREAS, the Plan only allows the City of Edgewater an identified number of boat slips in selected shoreline areas for the construction of public and /or private boat docks and marinas; and WHEREAS, since the Manatee Protection Plan allows for the distribution or aggregation of the boat slips, the City finds that a reasonable aggregation method should be established to ensure that there are adequate boat slips available for public and private use, along the river; and WHEREAS, it is in the public's interest for the City to plan and provide for appropriate public and private water access; and WHEREAS, it is in the best interest of the citizens of Edgewater for the City to equally distribute the excess boat slips for projects that will provide the net positive public benefit for the residents and visitors of the City of Edgewater; and NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY ENACTING ARTICLE X (BOAT SLIP ALLOCATION) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby amended by enacting Article X (Boat Slip Allocation) as set forth in Exhibit "A" which is attached hereto and incorporated herein. Strike through passages are deleted. Underlined passages are added. #2010 -0 -13 PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION Provision of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the "ordinance, may be changed to " section ", "article', or other appropriated word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B thru F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 2 mike through passages are deleted. Underlined passages are added. #2010 -0 -13 PART F. ADOPTION. After Motion to approve by with Second by , the vote on the first reading 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 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on August 16, 2010, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 3 Neagh passages are deleted. Underlined passages are added. #2010 -0 -13 PASSED AND DULY ADOPTED this day of 92010. 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 -13 CITY COUNCIL OF THE CITY OF EDGEWATER, 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. 4 Exhibit "A" Article X Boat Slip Allocation Stfike through passages are deleted. Underlined passages are added. #2010 -0 -13 ARTICLE X BOAT SLIP ALLOCATION SECTION 21 -110 - PURPOSE .................................................................. ............................... X -1 SECTION 21 -111- DEFINITIONS .......................................................... ............................... X -1 SECTION 21 -112 - PROCEDURES ........................................................ ............................... X -2 21- 112.01- General Requirements ........................................................... ............................... X -3 21- 112.02- Criteria ................................................................................... ............................... X -3 21- 112.03- Effect of Approval. ................... .............. X -4 21- 112.04- Application Process ............................................................... ............................... X -5 SECTION21 -113- FEES ........................................................................... ............................... X -5 21- 112.01- Renewal of Use Fee ............................................................... ............................... X -6 Article X ARTICLE X BOAT SLIP ALLOCATION Sec.21.110 - PURPOSE (a) Provide for the development of boat slips by right on properties adjacent to the Indian River. The excess boat slip allocation is provided to allow for a fair and reasonable means of authorizing development of the limited number of boat slips allocated to the City, in accordance with the Volusia County Manatee Protection Plan. (b) The Cit off Edgewater Comprehensive Plan, Future Land Use Element Objective 1.2: Natural Resource Protection, Policies 1.2.12 - 1.2.17 in accordance with the Volusia County Manatee Protection Plan and City of Edgewater Resolution No 2005 -R -11 limits the number of boat slips allowed in the city on, adjacent to, or with direct access to the Indian River. Information received on July 13, 2005 from Florida Fish and Wildlife Conservation Commission regarding the slip aggregation option assessment for the City of Edgewater, states the maximum number of slips permitted is 798. This number includes 160 slips allocated to waterfront parcels currently zoned or used for single- family residential purposes. Additionally, 220 slips are allocated for existing non - residential slips leaving available 418 in the slip pool A minimum of 15% of the 798 allocated slips shall be allocated to the City for public access use This quantity may be reassessed and revised with the approval of City Council. The regulations are intended to provide a fair and reasonable means of allocating the available boat slips for new development maximize public access to the waterway, promote public use and protect the riparian rights property owners. Sec.21.111- DEFINITIONS (a) Boat trailer space — A parking space associated with a boat ramp marina or other water - related facilities designed to accommodate a boat trailer and vehicle used to tow the trailer. Such space must have direct access to the Indian River within the Edgewater municipal boundaries. (b) Commercial slip — Any slip other than a Single - Family Residential Slip /Dock (c) Dry dock/storage — A commercial storage space for a boat located out of the water but with direct or adjacent access to the Indian River within the City of Edgewater municipal boundaries. (d) Excess slip /excess boat slip pool. Any slip that has not been previously allocated for single- family residential purposes or allocated for existing non- residential slips and is F.W within the maximum number of permitted slips for the city. The number of available excess slips will make up the slip pool. The slip pool is based on the State approved total number of 798 allowable slips was subtracted by the number of existing single- family as of 7/13/2005 resulting in 418 excess boat slips in the slip pool. The City Council may authorize development of boat slips in excess of the number permitted by right in accordance with the procedure set forth within this article. (e) Shoreline. The shortest horizontal straight line that can be established between points on the side lot lines at the mean high water line of a lot or parcel abutting the Indian River. (f) Slip or boat slip. Any space located on, adjacent to, or with direct access to the river, which space is designed for the mooring or storage of motorized watercraft or a motor vehicle with attached boat trailer. The term includes wet and dry mooring or storage spaces. The term excludes any pace designated exclusively for the mooring or storage of sailboats, and excludes any pace designated for transitory use only such as restaurant, bait shop, or fuel dock spaces. Piers authorized only for fishing, or observation, are not considered wet slips. (g) Slip inventory. The city shall maintain and continuously update a boat slip inventory list for the purpose of determining remaining boat slip capacity. The inventory shall specifically identify: 1. The number of slips that currently. exist, 2. The number of undeveloped slips for which permits have been issued; 3. The number of undeveloped slips reserved; 4. The number of unreserved slips remaining and 5. The number of slips designated for non - motorized vessels. (h) Slip pool or excess boat slips allocation fee — A fee established by the City of Edgewater and deposited in the Edgewater Manatee Trust Fund, is to be remitted to the City for each slip allocated from the slip pool. See. 21.112 - PROCEDURES (a) Requests for excess boat slip allocation shall be submitted to the City in accordance with the general application requirements and procedures set forth in this Article. (b) The City Council may grant requests for excess boat slip allocation at a public hearing after notice provided by legal advertisement. X -2 Sec. 21.112.01 – General Requirements (a) Single family residential: 1. A single- family residential parcel shall have the right to and be allocated no more than one boat slip without applying, for excess slip(s). Single - family residential parcels with Indian River frontage shall not be denied their riparian rights to construct a minimum of one (1) motorized boat slip per parcel. The single - family parcels of record that do not contain a boat slip but were permitted as such were calculated as existing and previously deducted from the slip pool and shall not be further deducted from said slip total. However, if a single - family parcel previously calculated as existing is further subdivided, then the additional parcels shall be deducted from the slip total. 2. The owners of two or more adiacent waterfront parcels zoned for or in use a single- family residences may jointly construct and maintain a dock, subject to compliance with applicable provisions of State law and Chapter 18- 21.004(4)(c), Fla. Admin. Code (2009), or as that section may be amended. A dock serving multiple parcels shall have the right to and be allocated no more than one boat slip for each upland single - family residential unit for which it serves without applying for excess slip(s). (b) Non- sin—le family residential. All non - single family residential shall be considered the same as commercial allocation. (c) Commercial. The City Council may authorize development of commercial boat slips in consideration of the remaining slips in excess slip pool and the net public benefit to be derived from the project. (d) Availability. Slips shall be allocated on a "first come, first served" basis. Sec. 21.112.02 - Criteria The City Council shall evaluate the number of excess slips remaining in the City's inventory and allocate the excess slips based on a finding- of net public benefit to be derived from the project. The finding of net public benefit shall be based on the effect the project has on public use and access to the waterway, including but not limited to the following factors: (a) The number of excess slips in the project that will be made available for purchase lease or use by the eg n� public. X -3 (b) Construction expansion or improvements to new or existing public spaces, parks plazas, walkways or other features providing access to the waterfront for the general public, on or off -site. (c) Parking spaces associated with a boat ramp, marina or other water - related facilities designed to accommodate a boat trailer and vehicle used to tow the trailer shall be considered a boat slip for allocation purposes. Such space must have direct access to the Indian River within the Edgewater municipal boundaries. (d) Construction expansion or improvement of a public dock or boat ramp and related facilities. (e) Redevelopment of upland uses in a redevelopment area consistent with the adopted area plan. (f) Preservation of upland historic properties or structures. (g) Construction or allocation of excess slips designed to benefit an underserved segment of the boating public. (h) Acquisition of upland for public use. (i) Improvements to existing water - related facilities for use by the eg neral public. (j) Financial contribution toward a project as described above or any public project that will enhance public use of and access to the waterway, and riparian lands within the C Sec. 21.112.03 - Effect of Approval (a) Reservation. Slips may be reserved from the slip pool through payment of a boat slip reservation application fee. All lots of record as of July 13, 2005 (other than single - family) shall be afforded a one -time opportunity to reserve slips. An excess boat slip reservation application fee for the slip shall have the effect of placing a reservation on the allocated boat slips for a 3 -year period, provided the annual reservation fee is paid. Any slips reserved during this period shall be removed from the available slip pool and held in reserve for those that have paid the boat slip reservation application fee. Any number of slips the applicant does not build during the above - referenced reservation period shall be returned to the slip pool. (b) Reservation fee. Upon approval by the City Council, the boat slips shall be reserved provided the applicant pays 100% of the boat slip reservation fee within fifteen (15) days from the date of approval. This fee is non - refundable without the authorization of the City Council. At their discretion, the City Council may approve a refund, less a X -4 five percent (5 %) administrative fee if the applicant makes the request within one (1) year of date of initial approval. (c) Use Fee All applicants receiving allocation of any slips from the excess slip pool after the adoption of this Article will be required to pay an annual renewal use fee. The fees will be used to establish a Manatee Conservation Trust Fund to provide funding for increased enforcement of manatee speed zones, additional equipment for on- the -water enforcement efforts and manatee conservation and education in an effort to support aquatic habitat conservation and restoration efforts designed protect manatees on the Indian River. (d) Construction Applicant has three (3) years from the date of City Council approval to begin construction of the assigned excess boat slips. If construction does not begin within three years the right to develop the slips shall expire and the reserved slips shall be released and returned to the slip inventory as available. (e) Extensions to timetable of pproved reserved slips. Reserved boat slips may be extended for a period of one (1) year administratively y the city manager or designee provided the applicant can demonstrate significant good faith efforts in moving toward construction permitting_ approval. The City will determine good faith effort based on the applicant's attempt to secure required permitting. These attempts should be initiated at the onset of slip allocation approval and show evidence of continuous progress throughout the initial three (3) year approval window. Sec. 21.112.04 - Application Process (a) Projects including new or expanding boat facilities (with the exception of single - family residential slip/docks that presently have a single slip presently allocated to the parcel) shall submit a excess boat slip allocation request to the Development Services Department along with their building permit and/or site plan submittal. (b) Projects including new or expanding boat facilities requesting excess slips to be allocated from the slip pool will be considered based on finding of net public benefit to be derived from the project and shall require approval from City Council. (c) The number of excess boat slips allocated to a project will become a condition of the Development Order. In the event a Development Order expires prior to the expiration of the permitted reserved slip allocation expiration, the allocated slips will automatically be revoked and the number of slips shall be placed back into the slip pool. Sec. 21.113 - FEES (a) The City Council shall establish the following fees in the Fee Resolution. X -5 (b) The Boat Slip allocation Permit fee will be collected, along with the Volusia County mitigation fee, at the time of building permit issuance. Excess Boat Slip Allocation Permit 1. Reservation and extension application fee, per slip per year 2. Single family residence application fee, per slip 3. Non - single family residence application fee, per slip 4. Commercial boat slips application fee Excess Boat Slip Annual Use Renewal 1. Single family residence annual use fee, per slip 2. Non - single family residence annual use fee, per slip 3. Commercial boat slips annual use fee Sec. 21.113.01 - Renewal of Use Fee (a) The renewal of the excess boat slip annual Use Fee will be due on October 1St of each year from the time ofpennit issuance. (b) Any excess boat slip pool allocation renewal use fee that is not received within 30 days beyond the due date will receive a Notice of Violation requesting remittance of the fee. If the renewal fee is not satisfied within 30 days of issuance of the Notice of Violation, the Cit o�gewater may impose appropriate liens equivalent to the excess boat slip pool allocation renewal use fee and any additional filing and administration fees. The lien shall be placed on the real oroperty. and may be compounded annually, that the excess boat slip is assigned to. M PUBLIC HEARING Julv 19. 2010 AGENDA REQUEST C.A. #2010 -TA -1001 Date: July 8, 2010 RESOLUTION BOARD APPOINTMENT CONSENT ITEM DESCRIPTION: 1St Reading— Ordinance No. 2010 -0 -15 APPLICANT /AGENT: City of Edgewater ORDINANCE OTHER BUSINESS X Amending Articles VI (Sign Regulations) and XVIII (Indian River Blvd. -SR 442 Corridor Design Regulations) of the City of Edgewater Land Development Code (LDC). REQUESTED ACTION: Approve the proposed text amendments to the Land Development Code. Background: Enclosed are the affected pages from both Articles permitting City franchise signage on public transportation benches and shelters. At their regular meeting of March 10, 2010, the Planning and Zoning Board voted 7 to 0 to send a favorable recommendation to City Council for the amendments to Articles VI and XVIII of the Land Development Code. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2010 -0 -15; amendments to Articles VI and XVIII of the Land Development Code. ACTION REQUESTED: Motion to approve Ordinance 2010 -0 -15. FINANCIAL IMPACT:(Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: Darren Lear Development rlm Director YES NO YES NO X AGENDA ITEM # Concurrence: Robin L. Matusick Pnro1 1 ORDINANCE NO. 2010-0-15 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING CHAPTER 21, ARTICLE VI (SIGN REGULATIONS) AND ARTICLE XVIII (INDIAN RIVER BOULEVARD — S.R. 442 CORRIDOR DESIGN REGULATIONS) OF THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On July 10, 2000, City Council adopted Ordinance #2000 -0 -12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. On April 19, 2004, City Council adopted Ordinance #2004 -0 -19 which enacted Article XVIII (Indian River Boulevard — S.R. 442 Corridor Design Regulations) of the Land Development Code (Chapter 21). 3. September 11, 2006, Council adopted Ordinance #2006 -0 -27 which amended and restated Chapter 21 (Land Development Code) in its entirety. 4. November 5, 2007, Council adopted Ordinance #2007 -0 -20 for consistency with certain zoning requirements. 5. Ordinance #2010 -0 -15 will modify Article VI (Sign Regulations), Section 21- 62.02 (City Franchise Signs) and Article XVIII (Indian River Boulevard — S.R. 442 Corridor Design Regulations), Section 21- 450.08 (Prohibited Signs) to permit City franchise signage on public transportation benches and shelters. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: Stfike passages are deleted. Underlined passages are added. #2010 -0 -15 PART A. AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY AMENDING AND RESTATING ARTICLE VI (SIGN REGULATIONS) AND ARTICLE XVIII (INDIAN RIVER BOULEVARD — S.R. 442 CORRIDOR DESIGN REGULATIONS), OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending and restating Article VI (Sign Regulations) and Article XVIII (Indian River Boulevard — S.R. 442 Corridor Design Regulations) as set forth in Exhibits "A" and "B" which are attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplished such intention; provided, however, that Parts B through F shall not be codified. 2 Neagh passages are deleted. Underlined passages are added. #2010 -0 -15 PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion to approve by and Second by the vote on the first reading 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 After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 3 Strike through passages are deleted. Underlined passages are added. #2010 -0 -15 AYE NAY PASSED AND DULY ADOPTED this 16th day of August, 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 4 S'- 'hrough passages are deleted. Underlined passages are added. #2010 -0 -15 CITY COUNCIL OF THE CITY OF EDGEWATER, 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 16th day of August, 2010 under Agenda Item No. 8 Exhibit "A" ARTICLE VI (SIGN REGULATIONS) Stfikethreugh passages are deleted. Underlined passages are added. #2010 -0 -15 ARTICLE VI SIGN REGULATIONS SECTION 21 -60 - GENERAL PROVISIONS ......................................... ...........................VI -1 21 -60.01 - Purpose ................................................................................. ............................... VI-1 21 -60.02 - General Provisions ............................................................... ............................... VI -1 21 -60.03 - Permits ................................................................................. VI -2 ............................... 21 -60.04 - Prohibited Signs ................................................................... ............................... VI -2 21 -60.05 - Exemptions .......................................................................... ............................... VI -3 21 -60.06 - Variances .............................................................................. ............................... VI4 SECTION 21 -61 - ON -SITE SIGNS ......................................................... ...........................VI -4 21 -61.01 - Construction Signs ............................................................... ............................... VI4 21 -61.02 - Development Signs .............................................................. ............................... VI4 21 -61.03 - Pole Signs ............................................................................. ............................... VI4 21 -61.04 - Ground Signs ........................................................................ ............................... VI -5 21 -61.05 - Projecting Signs ................................................................... ............................... VI -5 21 -61.06 - Real Estate Signs .................................................................. ............................... VI -5 21 -61.07 - Shopping Center Signs (Commercial Centers) .................... ............................... VI -6 21 -61.08 - Wall Signs ............................................................................ ............................... VI -6 21 -61.09 - Window Signs ...................................................................... ............................... VI -6 21 -61.10 - Subdivision Signs ................................................................. ............................... VI -6 SECTION 21 -62 - OFF -SITE SIGNS ....................................................... -7 ...........................VI 21 -62.01 - General Requirements .......................................................... ............................... VI -7 21 -62.02 - City Franchise Signs ............................................................ ............................... VI -7 21 -62.03 - Public Information Signs ..................................................... ............................... VI -7 21 -62.04 - Off -Site Wall Signs .............................................................. ............................... VI -7 SECTION 21 -63 - TEMPORARY SIGNS ................................................ ...........................VI -8 21 -63.01 - Portable Signs ...................................................................... ............................... VI -8 21 -63.02 - Banner Signs ........................................................................ ............................... VI -8 21 -63.03 - Political Campaign Signs ..................................................... ............................... VI -9 21 -63.04 - Special Events Signs ............................................................ ............................... VI -9 21 -63.05 - Garage Sale Signs ................................................................ ............................... VI -9 SECTION 21 -64 - NON - CONFORMING SIGNS .................................. ..........................VI -10 21 -64.01 - Amortization ...................................................................... ............................... VI -10 21 -64.02 - Removal ............................................................................. ............................... VI-10 SECTION 21 -65 - SIGN AGREEMENTS ............................................... ..........................VI -10 21 -65.01 - Agreement Process ............................................................. ............................... VI -10 21 -65.02 - Agreement Criteria ............................................................. ............................... VI -11 SECTIONS 21 -66 THROUGH 21 -69 RESERVED FOR FUTURE USE. Article VI Rev. 9-11-06 (Land Development Code) ARTICLE VI SIGN REGULATIONS SECTION 21 -60 — GENERAL PROVISIONS 21 -60.01 - Purpose The purpose of sign regulations is to protect, preserve and improve the character and appearance of the City and to provide opportunity to advertise in commercial and industrial areas. It is further the intent to limit signs in residential and agricultural areas to essential signs, primarily for the purpose of identification and information. These regulations shall be the minimum requirements necessary to accomplish these purposes and to protect the public health, safety and general welfare. In addition to City-wide sign regulations contained in this Article, the City of Edgewater has adopted the Indian River Boulevard Corridor Design Regulations which are incorporated as Article XVIII in this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard Corridor Design Regulations, shall supercede and compliment the requirements set forth in this Article. Properties located within the Indian River Boulevard Corridor Overlay must adhere to the sign design regulations contained in the Indian River Boulevard Corridor Design Regulations. A copy of these regulations and illustrations for design is available for purchase at City Hall. It is the Developer's responsibility to obtain a copy of the regulations for the Overlay prior to conceptual design layout. 21 -60.02 - General Provisions The following general provisions shall apply to every sign erected in the City. a. The name and address of the company or person installing any sign and the name and address of the company or person maintaining any sign, the date of erection and the voltage of any electrical apparatus shall be permanently affixed on a weather resistant label. b. Any light from any illuminated sign shall be shaded, shielded or directed so that the light intensity or brightness shall not affect adversely the safe vision of operations of vehicles in any public or private road, highway, driveway or parking area. Such light shall not shine directly on or into any residential structure. c. All signs shall be designed and constructed to withstand a wind load pressure of not less than twenty-five (25) pounds per square foot of area or as required by any applicable code or ordinance, whichever is more restrictive. d. Vegetation shall be kept cut around the base of any ground sign for a distance of fifteen feet (15') from any portion of such sign touching the ground and the area around ground sign shall be kept free of any material that might constitute a fire or health hazard. Rev. 9-11-06 (Land DeveIopmentCode) v1-1 21 -60.03 - Permits a. No person shall operate, maintain, erect, alter, repair or relocate any signs until the Development Services Director and Building Official has determined that the proposed sign substantially complies with the requirements of this Article. b. Application for a sign permit shall be on forms provided by the City Building Official and shall, at a minimum, contain the following information: The name, address and telephone number of the applicant, the owner of the sign and the owner of the property on which the sign is to be located; and 2. The address, if any, and legal description of the premises on which the sign is to be located; and 3. A drawing to scale, in duplicate, showing the size, height, location, structural details and dimensions of the sign and sign structure; and 4. Two drawings to scale showing the position of the sign and any other existing advertising structures in relation to the buildings or structures on the premises and to the boundaries of the property; and 5. The signatures of the applicant and the owner of the property or in the event the owner is not available, written evidence of the owner's permission for the erection of the sign; and 6. Such other information as may be necessary to demonstrate compliance with this Article including, but not limited to, engineers' drawings. All signs shall be erected, altered, operated and maintained in compliance with the Standard Building Code and the National Electrical Code. Signs 32 square feet, or less, in area shall be deemed to comply with the wind load requirements of the Florida Building Code by submission of plans and specifications to the Building Official. d. The Development Services Director and Building Official shall conduct a timely review of the sign permit application and shall either issue the permit or provide the applicant with a written statement of the reasons for denial. e. Appeals of Building Official decisions regarding construction issues shall be made to the Construction Board of Adjustment and Appeals. Appeals of other sign related issues shall be made in accordance with Article I. 21 -60.04 - Prohibited Signs The following signs are prohibited in the City: Rev. 9 -11 -06 (LandDevelopmentCode) VI -2 a. No person shall erect a sign on or over any public property or public right -of -way, except in accordance with a banner sign or franchise agreement approved by the City Council. Any sign(s) installed on public property shall be forfeited to the public and subject to confiscation at the owners' cost. b. The operation of any vehicle for the sole purpose of advertising is prohibited within the City of Edgewater. c. Roof signs, billboards, inflatable signs, snipe signs, banners, pennants, wind operated devices, sandwich signs, moving signs, freestanding signs, flashing signs, beacon light signs with moving or alternating or traveling lights are prohibited, except as limited elsewhere in this Article. Time and temperature signs and lighted moving message boards less than 35 square feet in area shall not be subject to this prohibition. d. Projecting signs within an area bounded by the intersection of two rights -of -way and points fifty feet (50') from such intersections measured along the rights -of -way except as permitted elsewhere in this Article. Pursuant to Chapter 316.077, F.S., no sign shall be permitted which is an imitation of or resembles an official traffic control device. 21 -60.05 - Exemptions The following signs shall be exempt from the permitting requirements of this Article. a. Signs less than six (6) square feet in area and used only to identify the property address and occupant's name. b. Legal notices posted by authorized persons of a governmental body. c. Any informational sign directing vehicular traffic, parking or pedestrian traffic on private property, provided that such sign shall contain no advertising material and shall not exceed 4 square feet in total area. The letters shall not exceed eight inches (8 ") in height. If the sign includes any advertising or logo, a sign permit shall be required. d. Identification signs, information signs or traffic control devices erected by any governmental body. In addition, emergency warning signs erected by a government agency, private utility company or a contractor doing authorized or permitted work within a public right -of -way. e. Wall graphics /murals may be an integral decoration of a building, but shall not include letters, trademarks, moving parts or moving lights and shall not cover more than thirty percent (30 %) of any single wall surface area per building. f. On -site signs five (5) square feet or less in area that offers a specific property for sale, lease or rent by the owner or his authorized agent. Rev. 9 -11 -06 (Land DevelopmentCode) VI-3 g. The flag of the United States shall be displayed in accordance with the protocol established by the Congress of the United States for Stars and Stripes. All other flags shall conform to the requirements of Section 21 -61. h. Holiday lights and decorations with no commercial messages between November 1St and February 1St Works of art that do not include a commercial message. Two open house flags, not exceeding fifteen (15) square feet each in area, displayed during inspection times for model residences. 21 -60.06 - Variances Variances to the requirements of this Article may be granted by the Planning and Zoning Board in conformance with the requirements of Article IX. SECTION 21 -61 - ON -SITE SIGNS 21 -61.01 - Construction Signs a. One construction sign, including the names of persons or firms furnishing labor, services or materials to the construction site, shall be allowed for each project where a building permit has been obtained for the project. b. Such sign shall be removed no later than the date of issuance of a certificate of occupancy. c. No such sign shall exceed thirty-two (32) square feet in area. 21 -61.02 - Development Signs a. One sign, not to exceed sixty -four (64) square feet in area for nonresidential projects or forty- eight (48) square feet in area for residential projects, may be permitted on each site for which a site plan, or subdivision plat, has been approved. b. A development sign permit may be issued for no longer than one (1) year. However, the Building Official may renew the permit, if it is determined that promotion of the site is still active. 21 -61.03 - Pole Signs a. Pole signs shall be limited to two (2) square feet of signage per one (1) linear foot of addressed building frontage and shall not exceed 60 square feet, except as provided in Section 21- 61.07. Rev. 9-11-06 (LandDevelopmentCode) V14 b. Pole signs shall be a maximum of twenty feet (20') high with a minimum nine foot (9') clearance above the ground or sidewalk. No pole sign shall be located closer than fifty feet (50') from any existing pole sign. c. Except for shopping centers as described in Section 21- 61.07, there shall be only one (1) pole sign per parcel. d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame. e. Except as provided in Section 21 -62, a pole sign shall only be used to advertise a business on the same site. 21 -61.04 - Ground Signs a. Ground signs shall be limited to two (2) square feet of signage per one (1) linear foot of addressed building frontage and shall not exceed sixty (60) square feet, except as provided in Section 21- 61.07. b. Ground signs shall be a maximum of ten feet (10') high and shall be located in an approved landscaped buffer area. Ground signs shall not impede traffic visibility as outlined in Article III, "Site Triangle Requirements ". c. Except for shopping centers as described in Section 21- 61.07, there shall be only one (1) ground sign per parcel. No ground sign shall be located closer than fifty feet (50') from any existing ground sign. d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame. e. Ground signs shall only be used to advertise a business on the same site. 21 -61.05 - Projecting Signs a. A projecting sign shall not extend more than four feet (4') beyond the surface of the building to which it is attached. b. The surface area of a projecting sign shall not exceed twenty -four (24) square feet per building. c. There shall be a minimum of nine feet (9') clearance between the bottom of a projecting sign and the ground surface or sidewalk. 21 -61.06 - Real Estate Signs a. A non - illuminated sign advertising the sale or lease of a business or parcel on which the sign is located shall be permitted in any zoning district. Rev. 9 -11 -06 (LandDevelopmentCode) VI -5 b. The maximum sign size shall be thirty-two (32) square feet. c. Model home signs shall not exceed sixteen (16) square feet. 21 -61.07 - Shopping Center Signs a. Ground or pole signs for shopping centers may be constructed subject to compliance with the criteria described below. No other signage shall be permitted for these uses, except wall signs. Sign Criteria Parcel Width Less Parcel Width Greater Than 150 Ft. Than 150 Ft. Number of Signs per One Two Parcel Maximum Allowable 100 sq. ft. per side Anchor Structure Sign Area of All Signage On 200 sq. ft. total 100 sq. ft. per side the Site 200 sq. ft. total Tenants Sign 100 sq. ft. per side 200 sq. ft. total Maximum Height Above Poles - 20 feet Poles - 20 feet Ground Ground - 10 feet Ground - 10 feet Minimum Clearance From Poles - 9 feet Poles - 9 feet Ground Area Allowed For Center 20 percent maximum 20 percent maximum Name Area Allowed For Tenants 80 percent minimum 80 percent minimum Name 21 -61.08 - Wall Signs a. The total amount of wall signs allowed shall be two (2) square feet of signage per one (1) linear foot of addressed business frontage, not to exceed sixty -four (64) square feet. b. The area of a wall sign shall be calculated by summing the area of each letter and the corporate logo in the sign. 21 -61.09 - Window Signs The window area and the glass door area between four feet (4') and seven feet (7') above the adjacent ground shall not be covered by opaque signage. 21 -61.10 - Subdivision Signs Rev. 9 -11 -06 (LandDevelopmentCode) VI -6 A maximum one hundred (100) square feet in area ground sign identifying a subdivision may be located at each subdivision entrance provided the site triangle requirements of Article III are met. SECTION 21 -62 - OFF -SITE SIGNS Off -site signs that advertise products or businesses located at a site other than the location of the business are deemed by this Article to constitute a separate use. The control and regulation of the display of such advertising deemed to be appropriate to the character and surrounding development shall be considered. It is intended that such advertising be confined to certain commercial and industrial properties. 21 -62.01 - General Requirements All off -site signs shall require approval by the City Council upon a recommendation from the Development Services Director and Building Official. a. Off -site signs shall be limited to twelve (12) square feet in area and shall not be located closer than one thousand feet (1,000') to another off -site sign. b. All off -site signs shall conform to the Standard Building Code construction requirements. 21 -62.02 - City Franchise Signs The City Council may approve off -site signs for certain franchise agreements. The criteria for approval of off -site selection shall be consistent with the conditions contained in the Sign Franchise Agreement and shall be subject to City Council approval. Minimum standards include: a. A leading edge of a franchise sign shall not be closer than ten feet (10') to a paved surface of a public right -of -way, unless approved by the City Manager. b. Signs bearing public information, as designated by the City Manager, may be placed in any zoning district. c. A franchise sign shall have a minimum clearance of nine feet (9') above the ground and a maximum height of sixteen feet (16') except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. 21 -62.03 - Public Information Signs Public information signs containing no commercial message, which are no greater than four (4) square feet in area may be located anywhere in the City. 21 -62.04 - Off -Site Wall Signs Rev. 9 -11 -06 (Land DevelopmentCode) VI -7 City Council may approve off -site wall signs subject to the following: a. The business /development has no other off -site signs. b. Signs shall not exceed thirty -two (32) square feet each. c. No more than one (1) wall sign per each side of the building with a maximum of two (2) signs per building. d. The total square footage allowed for all wall signs per building shall not exceed the requirements contained in Section 21- 61.08. e. Off -site wall signs are temporary and will be permitted for six (6) months. SECTION 21 -63 - TEMPORARY SIGNS 21 -63.01 - Portable Signs a. The Building Official may issue a portable sign permit to a business for a maximum of thirty (30) days per year to announce special events or grand openings. b. The maximum size of a sign shall be thirty -two (32) square feet. c. Only one (1) sign shall be permitted on a parcel at any one time. d. A sign shall not occupy any required parking space nor restrict on -site traffic flow. e. A portable sign shall not be located closer than ten feet (10') to the paved portion of a public right -of -way. f. Portable signs shall not have flashing or moving lights and shall not be affixed to another sign or structure or mounted for the purpose of making it a permanent sign. 21 -63.02 - Banner Signs a. The Building Official may issue only one (1) banner sign per street frontage at a time on a given parcel, for a special event such as grand openings. b. Banner signs shall not be permitted in residential zoning districts and the B -4 district. c. The maximum sign area shall be thirty -two (32) square feet. d. Banners may display business or product logos and generic messages, but not specific sales information. Rev. 9 -11 -06 (LandDevelopmentCode) V1-8 e. Banners may be erected up to seven (7) days prior to the event, shall be removed within two (2) days after the event and shall be limited to ten (10) days per event two (2) times per year. f. The City Council may approve banners that do not comply with these requirements for citywide functions. 21 -63.03 - Political Campaign Signs. a. Political campaign signs shall be permitted as temporary signs and, as such, shall be removed within ten (10) days after the advertised candidate has been finally elected or defeated. A sign may remain through any primary or run -off election as to any candidate who is subject thereto. b. An applicant for a political campaign sign shall be issued one sign permit for an unlimited number of signs. The fee shall be as established by resolution. c. Signs shall not be placed in any public right -of -way, on any public property, attached to any utility pole nor attached to any tree. Signs located on private property shall have the written authorization of the property owner. d. Signs placed on private property shall be securely erected to prevent displacement by heavy winds and so placed as to not interfere with traffic visibility. e. Political campaign signs shall not exceed eight (8) square feet in area. Upon determination of the Code Compliance Officer, illegal signs shall be removed within twenty-four (24) hours after notification to the applicant. g. The City shall retain removed illegal political campaign signs for five (5) working days after notification before their destruction. An applicant may retrieve the signs during this period. 21 -63.04 - Special Events Signs Sign permit applications for special athletic, civic or charitable events located in or across right -of- ways shall be submitted to the City Clerk's office for the City Council's review and approval. 21 -63.05 - Garage Sale Signs Temporary garage sale signs may be permitted in City right -of -ways provided: Signs may only be erected the day of the sale and must be removed by the following day. b. No sign shall be attached to any utility pole, signs or traffic control devices erected by any governmental agency. c. Garage sale signs shall not be located in County or State Road right -of -ways. Rev. 9-11-06 (LandDevelopmentCode) VI -9 SECTION 21 -64 - NON - CONFORMING SIGNS Any existing sign that is in violation of this Article at the effective date of this Chapter shall be deemed a legal non - conforming sign. Such signs may be continued subject to the conditions described below. 21 -64.01 - Amortization a. No non - conforming sign shall be altered, moved or repaired in any way except in full compliance with the terms of this Article. This provision shall not apply to the changing of temporary copy of changeable copy signs or to repairs necessary to maintain the structural integrity or safety of a sign so long as such repairs do not exceed fifty -one percent (51 %) of the replacement cost of such sign. b. All non - conforming signs shall be removed or made to conform with this Article, no later than February 14, 2004. In the interim, said sign shall be maintained in good repair, subject to the conditions above. Failure to remove non - conforming signs by February 14, 2004 may subject the sign owner to the code compliance provisions of Article X. In this regard, a sign owner may enter into a sign agreement as described in Section 21 -65. 21 -64.02 - Removal a. An obsolete or deteriorated sign shall be removed by the owner, agent or person having beneficial use of the premises on which sign is located and shall be removed within thirty (30) days of written notification by the Code Compliance Department. b. Upon failure to comply with such notice, the Code Compliance Department shall cause the sign to be removed at the owners expense, including any interest that may have accrued. Failure to pay such costs within thirty (30) days of the written notification of the removal costs shall create a lien against the sign owner in favor of the City. SECTION 21 -65 - SIGN AGREEMENTS The purpose of this Section is to provide a process and criteria by which the City can bring illegal and /or non - conforming signs into compliance without adjudication by the Code Compliance Board or the court system. 21 -65.01 - Agreement Process a. An applicant shall provide a sign agreement that includes the criteria described in Section 21- 65.02. Rev. 9-11-06 (LandDevelopmentCode) VI -10 b. The applicant shall submit the required sign agreement not less than forty-five (45) days prior to the Planning and Zoning Board (P &Z) meeting at which the applicant wishes consideration. c. The P &Z shall conduct a public hearing after providing the following public notice: 1. Direct mail notice to all property owners of record within one hundred fifty feet (150') of the proposed sign location. 2. Post the proposed site no less than ten (10) days prior to the subject P &Z meeting. d. Upon completion of the P &Z deliberations, the agreement shall be scheduled for the next available City Council meeting. e. The City Council shall hold a public hearing regarding the proposed agreement after public notice in the same manner as provided above. f. The City Council shall take final action regarding the agreement within thirty (30) days, unless the applicant agrees to additional time. 21 -65.02 - Agreement Criteria At a minimum, the sign agreement shall include: a. The name, address and phone number of the applicant. b. The name, address and phone number of the existing sign site property owner. c. Any appropriate site drawings and plans. d. A timetable for removal of the existing sign. e. Any proposed site mitigation activities. f. The signature of the applicant. g. The signature of the site property owner. h. The signature of the appropriate City official. Sections 21 -66 through 21 -69 reserved for future use. Rev. 9 -11 -06 (LandDevelopmentCode) VI -I 1 Exhibit "B" ARTICLE XVIII (INDIAN RIVER BOULEVARD - S.R. 442 CORRIDOR DESIGN REGULATIONS) dough passages are deleted. Underlined passages are added. #201 0 -0-I 5 ARTICLE XVIII INDIAN RIVER BOULEVARD — S.R. 442 CORRIDOR DESIGN REGULATIONS SECTION 21 -410 - PURPOSE AND INTENT ........................... ........................XVIII -1 SECTION 21 -420 - APPLICABILITY 21- 420.01 - Indian River Boulevard Corridor Districts ........ ........................XVIII -1 21- 420.02 - Primary And Other Streets . ............................... ........................XVIII -2 21- 420.03 - Corner Lots /Parcels ............ ............................... ........................XVIII -2 21- 420.04 - Conflict With Other Provisions Of Code .......... ........................XVIII -2 21- 420.05 - Registered Landscape Architect Required ........ ........................XVIII -2 SECTION 21 -430 - BUILDING LOCATION AND LANDSCAPE BUFFER.XVIII -2 21- 430.01 - West Parkway District .............................. ............................... XVIII -2 21- 430.02 - Shores District .................... ............................... ........................XVIII -3 21- 430.03 - East Village District ........... ............................... ........................XVIII -3 21- 430.04 - Landscape Buffer Requirements For Primary Streets ...............XVIII -3 21- 430.05 - Landscape Buffer Requirements Along Other Side Streets...... XVIII -3 21- 430.06 - Minimum Lot Width And Depth ....................... ........................XVIII -3 21- 430.07 - Minimum Landscape Requirements In Buffer Yard .................XVIII -4 21- 430.08 - Protection From Vehicle Encroachment ........... ........................XVIII -4 21- 430.09 - Stormwater In Buffer ......... ............................... ........................XVIII -5 21- 430.10 - Parking Location ................ ............................... ........................XVIII -5 21- 430.11 -Pedestrian And Bicycle Circulation .................. ........................XVIII -5 21- 430.12 - Sidewalks ........................... ............................... ........................XVIII -5 21- 430.13 - Pedestrian Access Standards ............................. ........................XVIII -5 21- 430.14 - Drive - Through Requirements ........................... ........................XVIII -6 SECTION 21 -440 - ARCHITECTURAL DESIGN STANDARDS ...................XVIII -7 21- 440.01 - Building Orientation ............................... ............................... XVIII -7 21- 440.02 - Primary Building Entrance . ............................... ........................XVIII -7 21- 440.03 - Building Height And Transition ........................ ........................XVIII -8 21- 440.04 - Fagade Treatments .............. ............................... ........................XVIII -8 21- 440.05 - Prohibited Fagade Treatments ........................... ........................XVIII -9 21- 440.06 - Loading And Service Areas .............................. ........................XVIII -9 21- 440.07 - Outdoor Shopping Cart Storage ........................ ........................XVIII -9 21- 440.08 - Fenestration ................................................ ............................... XVIII -9 21- 440.09 - Roof Treatments And Materials .............................................. XVIII- 10 21- 440.10 - Building Color ................... ............................... .......................XVIII -11 21- 440.11 - Multi- Building Complexes ...................................................... XVIII- 11 Rev. 9-11-06 (Land Development Code) Article XVIII -i- SECTION 21 -450 - SIGNS..... .............................................. ............................... X V I I I -12 21- 450.01 - Freestanding Signs ........................................... .......................XVIII -12 21- 450.02 - Ground Signs Required ........................................................... XVIII -12 21- 450.03 - Business Identification Signs ........................... .......................XVIII -13 21- 450.04 - Multi- Tenant Buildings ........................................................... XVIII -14 21- 450.05 - Specialty Signs ................................................. .......................XVIII -14 21- 450.06 - Signage Performance Standards .............................................. XVIII -14 21- 450.07 - Exempted Signs ................................................ .......................XVIII -14 21- 450.08 - Prohibited Signs ............................................... .......................XVIII -14 21- 450.09 - Sign Illumination .............................................. .......................XVIII -14 21- 450.10 - Prohibited Lighting .......................................... .......................XVIII -15 SECTION 21 -460 — NONCONFORMING STRUCTURES ............................ X V I I I -16 21- 460.01 — Existing Nonconforming Structures ....................................... XVIII -15 21- 460.02 — Guidelines For Nonconforming Structures ............................. XVIII -16 SECTION 21 -470 - RESERVED SECTION 21 -480 - RESERVED SECTION 21 -490 - RESERVED Rev 9 -1 1- 06(LandDevelopmentCode) XV111 -ii ARTICLE XVIII INDIAN RIVER BOULEVARD — S.R. 442 CORRIDOR DESIGN REGULATIONS SECTION 21 -410 - PURPOSE AND INTENT These design regulations are intended to ensure high quality private development in the Indian River Boulevard Corridor. The two major components of these regulations are: 1) landscape, buffer and related site development treatments, especially areas immediately adjacent to the road and 2) building design standards for new and redeveloped structures, including signage. Applicants for development within the Indian River Boulevard Corridor Overlay are required to obtain a copy of the complete design guideline package from City Hall. SECTION 21- 420 - APPLICABILITY Parcels that share a common boundary with Indian River Boulevard will be subject to the requirements, standards and criteria contained in these regulations. Furthermore, these requirements apply to all residential, commercial, office, institutional and industrial development, including both public and private facilities within the Indian River Boulevard Corridor. The provisions of this document are applicable to all properties that touch, front or are otherwise adjacent to Indian River Boulevard. Properties that include a complex or subdivision of buildings shall be considered to be included within the guidelines in their entirety, including parent tracts, out - parcels, flag lots, etc. They apply to both new development and redevelopment activities. 21- 420.01 - Indian River Boulevard Corridor Districts Indian River Boulevard has three distinct districts. These districts are defined below and are referred to throughout these regulations. In addition, intersecting roads are also defined below. Refer to the complete design guideline package available from the Development Services Department for a map showing the three separate districts. District Intersectin Street Intersecting Street The West Parkway District Interstate 95 Pinedale Road The Shores District Pinedale Road India Palm Drive The East Village District India Palm Drive Riverside Drive Rev. 9-11-06 (Land Development Code) XV111 -1 21- 420.02 - Primary And Other Streets The following major streets that intersect Indian River Boulevard shall be considered as Primary and Other Streets: 21- 420.03 - Corner Lots/Parcels Corner lots /parcels shall be considered to have two (2) front perimeters. For other streets that intersect now or in the future, the parcels that are corner lots or corner developments adjacent to Indian River Boulevard shall comply with these requirements. 21- 420.04 - Conflict With Other Provisions Of Code The requirements for the Indian River Boulevard Corridor Overlay Area supersede the general requirements within this Land Development Code. Existing developed or vacant properties adjacent to Indian River Boulevard from U.S. Highway 1 to Willow Oak Drive shall be developed in accordance with the standards set forth in Article V (Site Design Criteria) until such time as a change in use is proposed. A change in use shall mean a change in character involving activities that result in a different external impact. 21- 420.05 - Registered Landscape Architect Required A Landscape Architect registered in the State of Florida shall be required to prepare landscape plans and related irrigation plans for all lands for which this Article applies. SECTION 21 -430 - BUILDING LOCATION AND LANDSCAPE BUFFERS The setback is the distance between the edge of the road's right -of -way, also referred to as the property line, and the closest edge or wall of the principal building on the site. The building location and landscape buffer requirements are identified below. 21- 430.01 - West Parkway District a. Setback and Buffer. A minimum fifty -foot (50') landscape buffer shall be provided in the West Parkway District. Buildings will not be allowed within one Rev 9- 11- 06(LandDevelopmentCode) XVI11 -2 Number of feet from intersection that these Street Type Intersecting Street regulations shall be applicable along these roads. Primary Old Mission Road 500 Primary Air Park Road 500 Primary U.S. Hi way 1 500 Primary Riverside Drive 1 500 Other All other streets 1 100 21- 420.03 - Corner Lots/Parcels Corner lots /parcels shall be considered to have two (2) front perimeters. For other streets that intersect now or in the future, the parcels that are corner lots or corner developments adjacent to Indian River Boulevard shall comply with these requirements. 21- 420.04 - Conflict With Other Provisions Of Code The requirements for the Indian River Boulevard Corridor Overlay Area supersede the general requirements within this Land Development Code. Existing developed or vacant properties adjacent to Indian River Boulevard from U.S. Highway 1 to Willow Oak Drive shall be developed in accordance with the standards set forth in Article V (Site Design Criteria) until such time as a change in use is proposed. A change in use shall mean a change in character involving activities that result in a different external impact. 21- 420.05 - Registered Landscape Architect Required A Landscape Architect registered in the State of Florida shall be required to prepare landscape plans and related irrigation plans for all lands for which this Article applies. SECTION 21 -430 - BUILDING LOCATION AND LANDSCAPE BUFFERS The setback is the distance between the edge of the road's right -of -way, also referred to as the property line, and the closest edge or wall of the principal building on the site. The building location and landscape buffer requirements are identified below. 21- 430.01 - West Parkway District a. Setback and Buffer. A minimum fifty -foot (50') landscape buffer shall be provided in the West Parkway District. Buildings will not be allowed within one Rev 9- 11- 06(LandDevelopmentCode) XVI11 -2 hundred feet (100') of the property line adjacent to Indian River Boulevard or primary streets. b. Management and Maintenance of Natural Vegetation. Site plan submittals will be required to graphically identify the manner in which natural areas will be preserved and maintained. Site plan submittals shall identify where natural areas will be trimmed and to what limited extent they will be altered for visibility from the road. If a certain view or angle from the road is desired, the site plan shall identify a "viewshed ", i.e., the area within which trimming of small trees and understory vegetation is desired. The extent of trimming should be clearly noted in terms of extent and height, as well as the thinning of trees and vegetation. Trees larger than four inches (4 ") in diameter shall not be removed. Trimming of vegetation shall not be allowed lower than thirty -six inches (36 ") from the ground. Areas to remain undisturbed shall also be identified. This information becomes part of site plan approval, and will be utilized for maintenance as well as enforcement by the City. 21- 430.02 - Shores District A minimum ten -foot (10') landscape buffer shall be provided in the Shores District. Buildings shall not be allowed within forty feet (40') of the property line adjacent to Indian River Boulevard or primary streets. 21- 430.03 - East Village District A minimum twenty -foot (20') landscape buffer shall be provided from the front property line in the East Village District. Buildings will not be allowed within forty feet (40') of the property line adjacent to Indian River Boulevard or primary streets. 21- 430.04 - Landscape Buffer Requirements For Primary Streets The landscape buffer requirements along primary streets in the Indian River Boulevard Corridor shall be twenty feet (20') in width. Unless otherwise noted, additional requirements shall comply with the adjacent District within the Indian River Boulevard Corridor to the maximum extent practicable. Building will not be allowed within forty feet (40') of the property line adjacent to Indian River Boulevard or primary streets. 21- 430.05 - Landscape Buffer Requirements Along Other Side Streets The landscape buffer requirements along other existing or future streets that intersect Indian River Boulevard shall be a minimum of twenty feet (20') in width and shall comply with the adjacent District of Indian River Boulevard to the maximum extent practicable. 21- 430.06 - Minimum Lot Width And Depth The minimum lot width and depth for all new development along the corridor shall be 200 feet (200') by 200 feet (200'). This requirement ensures that minimum building setback and buffer requirements can be accomplished within the context of typical site development, building coverage, parking, stormwater and other customary site amenities. Rev 9- 11- 06(LandDevelopmentCode) XV111-3 Any deviation from this standard for out - parcels, flag lots and other circumstances should ensure that the configuration of the resulting development site allows for compliance with the intent and purpose of these guidelines. 21- 430.07 - Minimum Landscape Requirements In Buffer Yard The following requirements are intended for private property outside of the public right - of -way adjacent to the corridor and primary streets. a. West Parkway District. These requirements shall provide the basis for infill vegetation as needed where natural vegetation is sparse. The minimum landscaping in the buffer yard shall be eight (8) shade trees, ten (10) understory trees and seventy (70) shrubs per one hundred (100) lineal feet. To maintain a natural look, trees and shrubs shall be placed in an organic or curvilinear manner that is similar to and consistent with natural adjoining areas, which have been preserved. Linear arrangements are discouraged in the West Parkway District. b. Shores District. Canopy trees shall be coordinated with the placement of the poles within the FPL easement along Indian River Boulevard. Where feasible, the minimum landscape buffer shall be one (1) shade tree (e.g. Oak) per fifty lineal feet (50') on private property alternating with the City's oak trees in the public right -of- way. Understory trees are optional and recommended at two (2) per twenty lineal feet (20'). Shrubs are optional unless a fence is put up. If a fence is visible from the public right -of -way, shrubs are required along the entire length of the fence spaced just far enough apart for the species to grow. c. East Village. The minimum landscape buffer shall include a total of three (3) trees per every fifty lineal feet (50'). One (1) Magnolia placed every fifty (50) lineal feet. Two (2) Crepe Myrtles placed in between the Magnolia's fifty (50) lineal feet. Shrubs shall be placed at a minimum of forty (40) per one hundred (100) lineal feet. d. Varied Color. Landscaping shall be arranged to display variety and color by utilizing flowering and variegated species whenever possible. Such variety and color shall be accomplished by using a combination of shrubs and ornamentals as approved by the City. Ornamentals shall not constitute more than fifty percent (50 %) of required shrubs. e. Wetlands and Natural Vegetation Preservation. Within the buffer, major wetlands shall be preserved as set forth in the City's Comprehensive Plan and Land Development Code. Natural uplands vegetation shall be preserved to the maximum extent feasible. f. Side and Rear Yards. The side and rear yards of all properties shall be provided with landscape treatment consistent with this Land Development Code. 21- 430.08 - Protection From Vehicle Encroachment Landscape buffers shall be protected from vehicles in the parking area with curbs for those parking spaces adjacent to the buffer. Plantings adjacent to parking areas shall be located a minimum of three and one -half (3'/2) feet from the front end of the parking space to prevent encroachment into required landscape areas. Wheel stops shall not be Rev 9 -1 1- 06(LandDevelopmentCode) XV1114 utilized in any portion of the parking area. No paved areas will be allowed in the buffer other than required traffic circulation access. In already developed areas such as the East Village District, no additional pavement will be allowed in the buffer area. 21- 430.09 - Stormwater In Buffer In order to create shallow retention areas, removal of a maximum of fifty percent (50 %) of understory trees and shrubs may be permitted to provide for shallow swales without removal or damage to existing shade trees. Landscape buffers on primary and other streets may be combined with approved on -site, wet or dry-bottom stormwater retention areas provided that these areas are designed as visual amenities without chain link fences (or similar utilitarian appurtenances) and with shade trees. 21- 430.10 - Parking Location These standards shall prevent automobiles from being highly visible from the roadway. This applies to parking areas, automobile service areas and other vehicular circulation areas. For screening, a forty-inch (40 ") high decorative wall, berm or hedge shall be provided at the same or above the finished grade of parking and other vehicular use areas. Dense existing natural vegetation that provides a similar forty -inch (40 ") high screen from Indian River Boulevard may substitute for a berm, hedge or wall. These requirements for a hedge may be combined with the required landscape buffer requirement for shrubs. 21- 430.11 - Pedestrian And Bicycle Circulation The purpose of this subsection is to provide safe opportunities for alternative modes of transportation by connecting buildings with existing and future pedestrian and bicycle pathways and to provide safe passage from the public right -of -way to the building. 21- 430.12 - Sidewalks Sidewalks are provided throughout most of the Shores and East Village Districts. As development continues, developers should provide sidewalks where not already available, especially in the West Parkway District, which does not have sidewalks. In all districts, sidewalks will be separated from the curb a minimum of four feet (4') to provide safety for pedestrians, for passing vehicles and adequate space for landscaping. In the West Parkway District, additional separation may be necessary to preserve natural vegetation. 21- 430.13 - Pedestrian Access Standards Pedestrian circulation shall be provided by connecting buildings with existing and future pedestrian and bicycle pathways as well as by providing safe passage from the public right -of -way to the building in the manner set forth below. a. Number of Pedestrian Ways Required. Pedestrian ways shall be provided at a minimum ratio of one (1) for each customer vehicular entrance to a project. For Rev 9- 11- 06(LandDevelopmentCode) XV111 -5 example, if there are two (2) driveways into the site, two (2) sidewalk entries are required. Entrances designed primarily for service and delivery vehicles are not included in this ratio. b. Materials. Pedestrian walkways shall be handicapped accessible. Materials may include specialty pavers, colored concrete or stamped pattern concrete. Natural materials for pedestrian paths may be encouraged in the West Parkway District. C. Pedestrian Shade. Pedestrian walkways shall provide intermittent shaded areas when the walkway exceeds one hundred (100) linear feet in length at a ratio of one hundred (100) square feet of shade for every one hundred (100) linear feet of walkway. 21- 430.14 - Drive - Through Requirements Drive - through windows and lanes shall not be located on a side of the building visible from a public right -of -way. Drive - through lanes shall be designed primarily for pedestrian safety and crossing. Drive - through designs must have the same detail of the principal structure and match the materials and roof of the principal structure. a. Screening Drive - Throughs. A dense hedge of evergreen shrubs shall be provided in the following manner to screen drive - throughs: 1. At initial planting and installation, shrubs shall be at least thirty inches (30 ") in height and shall be planted thirty inches (30 ") or less on center. 2. Within one (1) year of initial planting and installation, shrubs shall have attained, and be maintained at a minimum height of four feet (4') and shall provide an opaque vegetative screen between the street and the drive - through. The hedge must continue for the entire length of the drive - through stacking area. 3. In lieu of a vegetative hedge, the use of vegetated berms with appropriate landscape materials may be used in a manner that results in the visual separation of street right -of -way and the drive - through. b. Stacking Distance. The following stacking distances, measured from the point of entry to the center of the farthest drive - through service window area, are required: 1. Restaurants, full service car washes and day care facilities: Two hundred twenty feet (220') 2. Banks (per lane): One hundred seventy five feet (175') 3. Self Service Car Wash (per bay) and Dry Cleaners: Sixty-five feet (65') 4. Other uses may require the City to determine the stacking distance on a case - by -case basis. 5. Facilities not listed above with more than one (1) drive - through lane shall provide one hundred feet (100') of stacking distance per lane measured from the point of entry to the center of the farthest service window area. 6. Drive - Through Separate From Other Circulation: The drive - through lane shall be a separate lane from the circulation routes and aisles necessary for ingress and egress from the property or access to any off - street parking spaces. Rev 9- 11- 06(LandDevelopmentCode) XV111 -6 c. Pass Through Lanes. A pass - through lane shall be required for all drive - through facilities constructed adjacent to at least one (1) stacking lane in order to provide egress from the stacking lane. SECTION 21 -440 - ARCHITECTURAL DESIGN STANDARDS The architectural design standards are intended to be flexible and encourage design diversity and variations. The criteria for development along the corridor will primarily ensure that the architectural integrity and details of existing structures are maintained, as well as affirm the appropriateness of new development into the character of the districts. Special attention has been placed on the creation of an attractive, safe and functional urban environment. 21- 440.01 - Building Orientation All buildings shall be oriented so that primary facades face public rights -of -way. Buildings on corner lots shall be considered to have two (2) fronts and shall be designed with additional architectural embellishments such as towers or other design features at the corner to emphasize their location as gateways and transition points within the community. Although the main aesthetic emphasis shall be on the primary fagade(s), all building elevations shall receive architectural treatment. The style of windows shall remain uniform on all sides of the building. 21- 440.02 - Primary Building Entrance In general, the primary pedestrian entrance to all buildings shall face Indian River Boulevard, and shall be clearly defined and highly visible for the pedestrian. Multiple tenant buildings shall have all customer entrances distinguished pursuant to these regulations. Primary entrances shall have either a protruding or raised roof, a stoop, a projection or recession in the building footprint a minimum of three feet (3') in depth that clearly identifies the entrance. Corner lots shall provide an entrance on both public rights -of -way or a corner entrance. In addition, every primary entrance shall have two (2) other distinguishing features from the list below: 1. Variation in roof height around door; 2. Canopy or portico; 3. Raised cornice or parapet over door; 4. Arches or columns; 5. Patterned specialty paving at entrance and along walkway; 6. Ornamental and structural architectural details other than cornices over or on the sides of the door; or Rev 9- 11- 06(LandDevelopmentCode) XV111 -7 7. Any other treatment, which, in the opinion of the City, meets the intent of this Section. 21- 440.03 - Building Height And Transition Buildings will not be allowed to be any higher than already permitted in the respective zoning district. New developments that are more than twice the height of any existing building within three hundred feet (300') shall provide transitional stepped massing elements to minimize the contrast between the buildings. The transitional massing element shall include a primary facade that is no more than the average height of the adjacent buildings. 21- 440.04 - FaVade Treatments Fagade treatments of a building must be designed with consistent and uniform architectural style. Detail and trim features must be consistent with the style of the building. Diversity of architectural elements on the fagade that are compatible with the style are required. These elements must be integrated with the massing and scale of the buildings. Building walls and fagade treatments must avoid large blank wall areas by including at least three (3) of the design elements listed below or their equivalent design feature. Design elements should be in intervals of no more than thirty feet (30') apart, and repetition is encouraged. At least one of the design elements should repeat horizontally. At a minimum, buildings must provide at least two (2) of the following building design elements on the primary fagade: 1. Awnings or attached canopies; 2. Arcades or colonnades; 3. Display windows a minimum of six feet (6') in height along sixty -five percent (65 %) of the primary fagade; 4. Clock or bell towers; 5. Decorative landscape planters or wing walls which incorporate landscaped areas; 6. Pergola; 7. Benches or other seating components built into the building; 8. Texture or pattern change; 9. Material module change; 10. Ornamental or structural detail; 11. Varied building setbacks or projections; or 12. Expression of architectural or structural bays, through a change in plane of no less than twelve inches (12 ") in width, such as a reveal, an offset or a projecting rib. Changes in color along the fagade that are compatible with each other and the style of the building are encouraged but not sufficient to break up the mass of the fagade. Rev 9- 11- 06(LandDevelopmentCode) XV111 -8 21- 440.05 - Prohibited FaVade Treatments The following treatments or features are prohibited on any fagade that are visible from the public rights -of -way: 1. The use of reflective glass and reflective film is prohibited on all buildings. Windows and doors should be glazed in clear glass with no more than ten percent (10 %) daylight reduction. 2. Garage doors used either as decoration or for vehicular service, storage or any other use (these elements must be side loaded). 3. Glass curtain walls. 4. Stained glass and art glass installations may be permitted, provided they are in character with the style of the building. 21- 440.06 - Loading And Service Areas Loading and service areas will be located behind or to the rear of buildings and will be screened with walls and landscaping. Materials, rooflines and colors are permitted to be consistent with the primary structures. 21- 440.07 - Outdoor Shopping Cart Storage All outdoor storage of customer shopping carts adjacent to the building shall be screened by a wall a minimum of four feet (4') in height that is consistent in style, materials and color to the fagade. Arcade or colonnade areas cannot be used for the storage of shopping carts. 21- 440.08 - Fenestration Fenestration is the placement of windows and doors. Windows and doors must cover at least thirty percent (30 %) of the area of the primary fagade. Windows must be located between three feet (3') and seven feet (7') measured from ground level. a. Exterior Wall Materials. All buildings subject to the terms of this Section shall be clad with typical Florida building materials that are durable and appropriate to the visual environment and climate. Design flexibility and creativity is encouraged using ornamentation from a wide variety of architectural styles. b. Finish materials for walls. Exterior walls are the most visible part of most buildings. Their exterior finishes shall be one of the following: 1. Concrete block with stucco; 2. Reinforced concrete with smooth finish or with stucco; 3. Natural brick or stone (excluding ashlar or rubble construction look); 4. Wood, pressure treated or naturally decay - resistant species; 5. Fiber - reinforced cement panels or boards that simulate wood; or 6. Synthetic stucco may be used only on non - facade walls. c. Prohibited Materials. No exterior wall shall be covered with the following materials: Rev 9 -1 1- 06(LandDevelopmentCode) XV111 -9 I . Plastic or vinyl siding; 2. Corrugated or reflective metal panels, steel buildings; 3. Applied stone in an ashlar or rubble look: 4. Smooth, scored or rib faced concrete block; 5. Any translucent material, other than glass; or 6. Any combination of the above. d. Corporate Design. Corporate franchises should not be allowed to create visual clutter or to use architecture and building colors to act as signage. Therefore, exceptions to these guidelines shall not be made for corporate franchises. National corporate chains that typically design their buildings to read as signage have been known to modify their designs to blend with the character of the neighborhood. 21- 440.09 - Roof Treatments And Materials Variations in the rooflines must be used to add interest to and reduce the massing of buildings. Roof features and materials must be in scale with the building's mass and complement the character of adjoining and adjacent buildings and neighborhoods. a. Roof Standards. While any roof type is acceptable, the following standards shall apply: 1. All flat roofs and any shed roof with a slope of less than 1:6 must be concealed by a parapet; 2. All hipped and gabled roofs and all shed roofs with a slope greater than 1:6 must have overhangs of at least eighteen inches (18 "); 3. Mansard roofs must have the lowest sloped surface, begin above a cornice line and then slope upward and inward; 4. Small towers, cupolas and widow's walks are encouraged (if they are compatible with the style of the building); 5. Unless specifically designed otherwise, roof overhangs shall wrap around all four (4) sides of the building so that there is visual continuity around the entire building unless site - specific conditions warrant otherwise; or 6. Skylight glazing must be flat to the pitch of the roof. b. Permitted Roof Materials. The following roofing materials are permitted: 1. Standing Seam Metal: Steel (galvanized, enameled or terne- coated), stainless steel, copper and aluminum; 2. Architectural Shingles: Asphalt, fiber reinforced cement, metal, fiberglass and wood; 3. Tile: Clay, terra cotta or concrete; or 4. Flat roofs hidden by parapet: any material allowed by building code. c. Equipment on Roof. All equipment located atop a roof of a building must be concealed so that it is not visible by a person standing anywhere on the site or on an adjacent public street. Rev 9 -1 1- 06(LandDevelopmentCode) XVIII -10 21- 440.10 - Building Color Simple color schemes are encouraged. As a general rule, building fagade should not exhibit more than three (3) colors. a. Prohibited Colors. The use of garish or gaudy colors is prohibited. The use of black, neon or fluorescent colors is prohibited as the predominant building color. b. Trim on Facade. Building trim and accent areas may feature any color, limited to ten percent (10 %) of the affected fagade segment, with a maximum trim height of twenty -four inches (24 ") total for its shortest distance. 21- 440.11 - Multi - Building Complexes Specific provisions must ensure a unified architectural design and site plan between a complex of buildings or between out - parcel buildings and the main building(s) on the site. The following standards assure an enhanced visual impact of the buildings, as well as providing safe and convenient vehicular pedestrian access and movement within the site. a. Building Groups and Complexes. Buildings and structures, which are a part of a present or future group or complex, shall have a unity of character and design and the use, texture and color of materials shall create a harmonious whole. In addition, the design, scale and location on the site shall enhance rather than detract from the character, value and attractiveness of the surrounding community or neighborhood. b. Ancillary Structures. Separate ancillary structures, including, but not limited to, car washes, cashier booths, and/or canopies over gas pumps shall have comparable pitch or parapets for roofs and shall otherwise have the same architectural detail, design elements, color scheme, building materials and roof design as the primary structure. c. Out - Parcel Fagade. All exterior fagade of an out - parcel building must be considered primary fagade and must employ architectural site and landscaping design elements which are integrated with, and common to, those used on the main development including color, materials, and decorative treatments. d. Connect Circulation of Out - Parcels. Out - parcel structures that are adjacent to each other must provide for vehicular connections between their respective parking lots and provide interconnection of pedestrian walkways. e. Common Wall and Side -By -Side Buildings. When the use of common wall, side - by -side development occurs, continuity of fagade and consolidated parking for several businesses in one parking lot may be used. f. Service Areas. Service areas shall not be located in front yards and shall not be visible from a public right -of -way. Waste disposal areas shall be screened one hundred percent (100 %) by a masonry wall and landscape buffer. The wall shall be consistent in style, materials and color to the fagade. The landscape buffer shall be a minimum of five feet (5') in width and shall contain a hedge three feet (3') in height at planting and capable of attaining five feet (5') in height and total opacity within eighteen (18) months. Rev 9- 11- 06(LandDevelopmentCode) XV111 -1 1 Mechanical equipment, satellite dishes, and other service support equipment shall be located behind the building line and shall be fully screened from the view of adjacent properties both at ground and roof top levels. g. Pay Phones. All telephones on private property shall be confined to a space built into the building or buildings or enclosed in a separate structure compatible with the main building. h. Building Security Devices. Exterior mounted security gates or solid roll down metal windows shall be prohibited. Link or grill type security devices shall be permitted only if installed from the inside, within the window or doorframes. Other types of security devices fastened to the exterior walls are not permitted. SECTION 21 -450 - SIGNS Sign regulations are important because they ensure consistency of signage along the corridor and thereby prevent clutter and confusion exemplified by older, unregulated strip commercial areas. The purpose and intent of sign regulations will be to augment the City of Edgewater's existing sign code to fit the higher aesthetic standard being established for Indian River Boulevard. This Section covers freestanding or detached signs, attached or building signs, multi -tenant development signs and specialty signs. 21- 450.01 - Freestanding Signs Freestanding signs include signs that are typically placed in front of businesses and developments in order to achieve visibility from the highway. By definition, freestanding signs are unattached to the building(s). 21- 450.02 - Ground Signs Required Freestanding ground signs shall be allowed in the Indian River Boulevard Corridor. Pole signs are prohibited. a. Height. The maximum height of the entire sign structure shall be eight feet (8'). b. Sign Area. The sign area of ground signs shall be calculated at a ratio of one square foot (1') of sign area per two linear feet (2') of addressed building frontage, with the following maximums. 1. Typical Building. Ground signs shall not exceed forty-eight (48) square feet for buildings with Indian River Boulevard road frontage. 2. Primary Streets and Other Intersecting Streets. Ground signs on primary streets and other streets intersecting Indian River Boulevard may be up to thirty -two square feet (32'). Number of Ground Signs. One (1) sign shall be allowed per parcel with four hundred feet (400') or less of road frontage. If a parcel's road frontage exceeds four hundred feet (400') and is less than seven hundred feet (700'), then a maximum of two (2) ground signs shall be allowed but no closer than three hundred feet (300') apart. If a parcel's road frontage exceeds seven - hundred feet (700'), then a Rev 9- 11- 06(LandDevelopmentCode) XVIII -12 maximum of three (3) ground signs shall be allowed, but no closer than three hundred feet (300') apart. d. Ground Sign Planter Specifications. Vertical structure supports for ground signs shall be concealed in an enclosed base. The width of such enclosed base shall be equal to at least two - thirds (2/3) the horizontal width of the sign surface. A planter structure shall enclose the foot of the base. The planter shall be between two feet (2') and three feet (3') in height above the ground, with a minimum length equal to the width of the sign and a minimum width of three feet (3'). The materials will be consistent with the sign and principal structure. The planter shall be irrigated and planted with low shrubs, ornamentals or flowers. Such plantings shall be maintained indefinitely. e. Ground Sign Setback. The planter setback shall be a minimum of ten feet (10') from the right -of -way. f. Movement. No ground sign nor its parts shall move, rotate or use flashing lights 21- 450.03 - Business Identification Signs Business identification signs include signs that are attached to the building wall or window. They include wall signs (flat against building wall), projecting/hanging signs (perpendicular to the building), window signs, canopy /marquis and awning signs. The following general design criteria shall apply to all attached signs located in the Indian River Boulevard Corridor. No sign shall cover architectural detailing. Only one (1) business identification shall be allowed per sign to reduce clutter. a. Wall Signs. Wall signs should be limited to one (1) per business per facade. The total amount of wall signs allowed shall be two (2) square feet of signage per one (1) linear foot of addressed business frontage, not to exceed sixty -four (64) square feet, provided however that copy area shall not exceed fifty percent (50 %) of the primary frontage (width) of the tenant space. Wall signs should be placed on the building facade and not perpendicular to the wall. b. Projecting/Hanging Signs. Projecting/hanging signs should not exceed four (4) square feet and should be located adjacent to the entry to the building or to the tenant space. If located under an awning or marquis, the projecting sign should be located perpendicular to the building face. c. Window Signs. Window signs should be maintained properly. Window signs shall be painted or decal only and should not exceed twenty five percent (25 %) of window area. Sign location shall be between four feet (4') to six feet (6') above grade to allow visibility into the store for pedestrians. Promotional posters for civic events shall be pernitted on windows and should not be included in the sign area calculation. d. Canopy /Marquis or Awning Valance Signs. Signs shall not be permitted on canopy /marquis or awning valance structures. Rev 9 -1 1- 06(LandDevelopmentCode) XVlll -13 21- 450.04 - Multi - Tenant Buildings Developments that have multiple tenants shall limit the ground sign to just the name of the center /complex (may also possibly include an anchor store) and wall signs to identify the individual tenants to prevent clutter along the corridor. a. Directory Signs (for multi -use developments). Sites with two (2) or more businesses on the premises are allowed a directory sign. The size of the sign should not exceed six (6) square feet. The location of directory signs should be approved at the discretion of the City. 21- 450.05 - Specialty Signs a. Easel. Easel signs should be limited to one (1) sign per active store entranceway. The sign should relate to the business or merchandise line of the particular place of business. Easel signs should be no larger than twenty four inches (24 ") wide by thirty six inches (36 ") high. 1. Signs placed on easels should be no larger than twenty -four inches (24 ") wide by twenty -four inches (24 ") high. 2. Signs shall be located directly in front of the business entrance at a distance of no greater than five feet (5') from the building and shall not block pedestrian movement. b. Flags. A maximum of one (1) state, one (1) federal and one (1) local /county flag per parcel; each a maximum of thirty-five (35) square feet. Flags shall be set back from road right -of -way a minimum distance of ten feet (10'). c. Opening Banners. Opening banners shall be allowed from two (2) weeks prior to opening until one (1) month after opening. Banners shall be located on building walls. 21- 450.06 - Signage Performance Standards Only permanent durable materials allowed and must be maintained. Signs should be executed by a qualified, professional sign maker; homemade signs are prohibited. 21- 450.07 - Exempted Signs Real estate signs and construction signs shall meet Land Development Code standards. 21- 450.08 - Prohibited Signs a. Signs that are prohibited in the Indian River Boulevard Corridor include animated signs, billboards, off -site signs, flashing signs, snipe signs, portable signs (trailer signs), roof signs, beacon lights, be nos trash receptacle signs, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. Bench signs are prohibited except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. b. No advertising or signage is allowed on any exposed amenity including but not limited to benehes, trash containers and fences. Bench signs are prohibited Rev 9- 11- 06(LandDevelopmentCode) XVIII -14 except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. 21- 450.09 - Sign Illumination a. Sign lights shall be focused, directed and so arranged as to prevent glare or direct illumination or traffic hazard from said lights onto residential districts or onto the abutting roadways. No objectionable glare shall be directly visible from a public right -of -way or residential zone. Illuminated signs shall provide shielding from any source of illumination other than neon. b. Any external, above - ground light source shall be located and hidden within the sign planter bed. Light sources located outside the sign planter bed shall be in a burial fixture. 21- 450.10 - Prohibited Lighting a. No flashing or pulsating light shall be permitted on any sign. No sign shall be permitted which involves lighting or motion resembling traffic or directional signals, warnings or other similar devices, which are normally associated with highway safety or regulations. In addition, no sign shall be permitted which constitutes a safety hazard or hindrance because of light, glare, focus, animation, flashing or intensity of illumination. Lighted signs shall be designed and located so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. High intensity lights such as beacon lights, spotlights or floodlights shall not be permitted in the Indian River Boulevard Corridor. b. No prisms, mirrors or polished reflecting surfaces shall be used for purpose of augmenting intensity of light sources and no hi- intensity lights or stroboscopic lights or effect is permitted. 1. No more than forty -five (45) milli - amperes on high voltage side of neon transformer shall be permitted. 2. Maximum wattage of incandescent bulbs shall be limited to eleven (11) watts. 3. A maximum of sixty (60) milli- amperes shall be permitted on neon tubing. 4. Letters or border decoration of buildings with a maximum of eleven (11) watt maximum incandescent bulbs shall be permitted. 5. Strip lighting includes lighting used to outline a structure or any part thereof and shall be prohibited. Streamer lights and /or neon strip lighting shall be prohibited above the roof level of any building. Strip lighting, as referred to here, shall not include Christmas decorations and related lights. SECTION 21 -460 — NONCONFORMING STRUCTURES 21- 460.01 — Existing Nonconforming Structures These guidelines apply to buildings and structures. Further, any structure which is lawfully existing when these regulations are adopted (or amended) and which does not Rev 9- 11- 06(LandDevelopmentCode) XVIII -15 conform with all the provisions of these regulations may remain and be continued subject to the following regulations. 1. The intent and purpose of these nonconforming structure provisions shall be to improve and otherwise encourage such structures to be redeveloped and revitalized in ways that conform with these regulations to the greatest extent feasible. Therefore, such structures, may be used, enlarged, replaced, altered and /or expanded subject to the following: 2. Such use, enlargement, replacement, alterations, expansions and /or extension is approved (as a conditional use /special exception/administrative variance) by the Planning and Zoning Board under the procedures of these regulations. 3. All applications shall be subject to all appropriate safeguards and conditions necessary to ensure that any such approval will not be contrary to the public interest, the intent of these Indian River Boulevard Design Guidelines or injurious to the specific area in which the existing nonconforming structure is located. 4. All applications shall provide complete and written justification regarding any provisions of these regulations that the applicant believes cannot be fully complied with. Such justification shall not include monetary considerations. 5. Under no circumstances shall the provisions of this Section be construed to mean that any existing nonconforming structure may be changed, or that any provision, requirement and/or regulation contained within these regulations can be waived or reduced which can reasonably be complied with by the applicant. The provisions of this Section shall not be construed and/or applied in such a manner as to permit the enlargement, replacement, alterations, expansion and/or extension of any existing nonconforming structure without justifiable reasons based on a legally existing and nonconforming status; that would result in any undue hardship or injurious activity that would deprive adjacent individual property owners of their property rights; or that would be detrimental to the area surrounding the nonconforming premises in general. 21- 460.02 — Guidelines For Nonconforming Structures a. No nonconforming structure shall be enlarged, replaced or altered in any way which increases it nonconformity except in conformance with these regulations; b. It is further stated that any alterations, replacement or modification of the exterior of a nonconforming structure shall comply with these design guidelines to the maximum extent feasible; c. Nonconforming structures may be restored to a safe condition if declared unsafe, providing that such restoration does not constitute more than fifty- percent (50 %) of the structure's appraised fair market value; d. If damaged by more than fifty- percent (50 %) of its appraised fair market value, a nonconforming structure shall not be restored except in conformance with these regulations. Rev 9 -1 1- 06(LandDevelopmentCode) XV111 -16 e. Nonconforming structures may have normal repair and maintenance performed to permit continuation of the nonconforming structure. SECTION 21 -470 - RESERVED SECTION 21 -480 - RESERVED SECTION 21 -490 - RESERVED Rev 9- 11- 06(LandDevelopmentCode) XVIII -17 AGENDA REQUEST C.A. #2010 -TA -1002 Date: July 7, 2010 PUBLIC HEARING July 19, 2010 RESOLUTION BOARD APPOINTMENT CONSENT ITEM DESCRIPTION: I" Reading —Ordinance No. 2010 -0 -18 APPLICANT /AGENT: City of Edgewater r.. ORDINANCE X OTHER BUSINESS Amendment to the City of Edgewater Land Development Code, Article III, Section 21 -37.03 - Special Activity Requirements REQUESTED ACTION: Approve the Land Development Code text amendment to Article III permitting certain exemptions, which may be granted by City Council regarding the number of special activity events that may be allowed on a specific property. Background: In aspiring to maintain the positive momentum created by the Jam for America event held in October of 2009, the City has received numerous requests for special activity events that would equal or exceed the positive economic impact produced by the above - referenced event for our local business community. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2010 -0 -18; the Land Development Code text amendment to Article III permitting certain exemptions, which may be granted by City Council regarding the number of special activity events that may be allowed on a specific property. ACTION REQUESTED: Motion to approve Ordinance 2010 -0 -18. FINANCIAL IMPACT:(Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # su Concurrence: Darren Lear Robin L. Matusick Development Services Director Paralegal racey T row City M ager ORDINANCE NO. 2010-0-18 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING CHAPTER 21, ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY & PROHIBITED USES) SECTION 21 -37.03 (SPECIAL ACTIVITY REQUIREMENTS) OF THE LAND DEVELOPMENT CODE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; AND PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On July 10, 2000, City Council adopted Ordinance #2000 -0 -12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. September 11, 2006, Council adopted Ordinance #2006 -0 -27 which amended and restated Chapter 21 (Land Development Code) in its entirety. 3. November 5, 2007, Council adopted Ordinance #2007 -0 -20 for consistency with certain zoning requirements. 4. September 8, 2008, Council adopted Ordinance #2008 -0 -02 which amended Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the Land Development Code to include business tax receipts. 5. June 15, 2009, Council adopted Ordinance #2009 -0 -04 which amended Article III (Permitted, Conditional, Accessory and Prohibited Uses), Article V (Site Design Criteria) and Article X (Code Enforcement Process) regarding property maintenance. 6. Adoption of this Ordinance will modify Section 21 -37.03 (Special Activity Requirements) of Article III. St•m, ike through passages are deleted. Underlined passages are added. #2010 -0 -18 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY AMENDING AND RESTATING ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES) SECTION 21 -37.03 (SPECIAL ACTIVITY REQUIREMENTS) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending and restating Article III (Permitted, Conditional, Accessory and Prohibited Uses) Section 21 -37.03 (Special Activity Requirements) as set forth in Exhibit "A" which are attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, 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 by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplished such intention; provided, however, that Parts B through F shall not be codified. 2 Strike through passages are deleted. Underlined passages are added. #2010 -0 -18 PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion to approve by and Second by the vote on the first reading 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 After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 3 Stf i1Ee thr-eegh passages are deleted. Underlined passages are added. #2010 -0 -18 AYE NAY PASSED AND DULY ADOPTED this 16th day of August, 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 4 Stfike thfough passages are deleted. Underlined passages are added. #2010 -0 -18 CITY COUNCIL OF THE CITY OF EDGEWATER, 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 16th day of August, 2010 under Agenda Item No. 8 ARTICLE III PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED USES SECTION 21 -30 - GENERAL PROVISIONS ..................................... ............................... III -1 21 -30.01 - Purpose ................................................................................. ............................... III -1 21 -30.02 - District Boundaries ..................................... ............................... .......................... III -1 21 -30.03 - Application of Districts .............................. ............................... .......................... III -2 21 -30.04 - Official Zoning Map ............................................................. ............................... III -2 21 -30.05 - Comprehensive Plan Consistency ........................................ ............................... III -3 SECTION 21 -31 - COMPREHENSIVE PLAN RELATIONSHIP .... ............................... III -3 SECTION 21 -32 - ZONING DISTRICT DESCRIPTIONS ................ ............................... III -4 21 -32.01 -Zoning District Descriptions ................................................ ............................... III -4 SECTION 21 -33 - USES AND RESTRICTIONS ................................ ............................... III -6 21 -33.01 - Purpose ................................................................................. ............................... III -6 21 -33.02 - Permitted Uses ...................................................................... ............................... III -6 21 -33.03 - Conditional Uses .................................................................. ............................... III -6 21 -33.04 - Accessory Uses ..................................................................... ............................... III -6 21 -33.05 - Table III- 3 ............................................................................. ............................... III -7 SECTION 21 -34 - SPECIAL USE REQUIREMENTS ..................... ............................... III -11 21 -34.01 - Home Occupations ............................................................. ............................... III -11 21 -34.02 - Community Residential Homes ( CRH) .............................. ............................... III -12 21 -34.03 - Institutional Residential Homes (also referred to as ALF's) ............................. III -14 21 -34.04 - Salvage Yards ............................................ ............................... ......................... III -14 21 -34.05 - Refuse and Dumpsters ........................................................ ............................... III -15 21 -34.06 - Kennels ............................................................................... ............................... III -15 21 -34.07 - Mini - warehouses ................................................................ ............................... III -16 21 -34.08 - Bed & Breakfasts ................................................................ ............................... III -17 21 -34.09 -Nursing Homes ................................................................... ............................... III -17 21 -34.10 - Residential Professional Offices ......................................... ............................... III -17 SECTION 21 -35 - PROHIBITED USES ............................................. ............................... III -18 21 -35.01 - Alcoholic Beverages ........................................................... ............................... III -18 SECTION 21 -36 - ACCESSORY USE REQUIREMENTS .............. ............................... III -19 21 -36.01 - Purpose ............................................................................... ............................... III -19 21 -36.02 - General Regulations ........................................................... ............................... III -19 21 -36.03 - Outdoor Storage and Display: Commercial/ Industrial ....... ............................... III -19 21 -36.04 - Satellite Dishes and Antennas ................... ............................... ......................... III -20 21 -36.05 - Places of Worship - Schools /Child Care ............................ ............................... III -21 21 -36.06 - Boathouses .......................................................................... ............................... III -21 21 -36.07 - Boat Docks and Slips ................................................................ .........................11I -22 21 -36.08 - Boats as Dwelling Units ..................................................... ............................... I11 -22 21 -36.09 - Canopies /Temporary Carports and Tents /Gazebos ............ ............................... III -22 21 -36.10 - Swimming Pools ................................................................. ............................... III -23 SECTION 21 -37 - SPECIAL ACTIVITY /PERMIT REQUIREMENTS ....................... III -26 21 -37.01 - Purpose /Scope ........................................... ............................... ......................... III -26 21 -37.02 - Definitions .......................................................................... ............................... III -26 Rev. 06/15/09 (Land Development Code) 21 -37.03 — Special Activity Permit Requirements ............................... ............................... III -27 21 -37.04 — Special Activity Permit Application Process ..................... ............................... III -27 21 -37.05 — Special Activity Permit Criteria ......................................... ............................... III -28 21 -37.06 — Temporary Structures ......................................................... ............................... III -28 21 -37.07 — Inspections to Ensure Compliance ..................................... ............................... III -28 21 -37.08 — Penalties .............................................................................. ............................... III -29 21 -37.09 — Exceptions .......................................................................... ............................... III -29 SECTION 21 -38 — FENCES, WALLS and HEDGES ........................ ............................... III -29 21 -38.01 —Purpose ............................................................................... ............................... III -29 21 -38.02 — General Requirements ........................................................ ............................... III -29 21 -38.03 — Site Triangle Requirements ................................................ ............................... III -30 Article III -ii- Rev. 06/15/09 (Land Development Code) ARTICLE III PERMITTED USES, CONDITIONAL USES, ACCESSORY USES AND PROHIBITED USES SECTION 21 -30 — GENERAL PROVISIONS 21 -30.01 — Purpose In addition to the intent and purposes listed in Section 21 -30, the various zoning districts established herein are intended to: a. Establish the permitted, prohibited, conditional and accessory uses allowed for each parcel; and b. Provide for equal protection of property rights of each parcel of land without regard for its classification; and c. Streamline the land development decision process to the maximum extent possible; and d. Provide reasonable opportunities for the provision of telecommunication facilities; and e. Control the placement of signage to preserve property values and enhance the aesthetic character of the City; and f. Prevent cut - through traffic in residential neighborhoods to the maximum extent possible. 21 -30.02 — District Boundaries Zoning districts are depicted as shown on the Official Zoning Map of the City of Edgewater, Florida, as revised at the effective date of this Code, and made a part of the Article by reference. When uncertainty occurs as to boundaries of zoning districts on the Official Zoning Map, the following rules shall apply: a. Boundaries are depicted to follow the centerline of streets, highways, alleys, or other public right -of -ways and shall be construed to follow such lines; b. Boundaries are depicted to follow platted lot lines, section lines, or tract lines and shall be construed as following such lot lines; c. Boundaries are depicted to follow political boundaries and shall be construed as following such political boundaries; Rev 06/15/09 (LandDevelopmentCode) 111 -] d. Boundaries are depicted to follow railroad right -of -ways and shall be construed to be the center line of the railroad right -of -way; Boundaries are depicted to follow shorelines and shall be construed to follow such shorelines even if the shorelines change; f. Boundaries are depicted to follow the center lines of canals and shall be construed to follow such center lines; g. Boundaries shown to be parallel to the center line of streets, or the center line or right -of -way line of highways, such district boundaries shall be construed as being parallel thereto and such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension shall be determined by measuring from the Official Zoning Map; h. Where a public road, street or alley is officially vacated or abandoned, the location of the zoning district boundaries shall be the center line of the vacated right -of -way; i. Where physical or cultural features existing on the ground are different from those shown on the Official Zoning Map, or in case any other uncertainty exists, the Development Services Director/Planning Director shall interpret the intent of the Official Zoning Map as to the location of district boundaries. 21 -30.03 — Application of Districts Except as provided in Section 21 -71 — Non - Conforming Uses, the enlargement, alteration, conversion, relocation, rehabilitation, or reconstruction of any structure or building shall be in accordance with regulations of the district in which said structure or building is located as well as all applicable regulations of this Article. All use of land and/or water shall be done so only in accordance with the applicable requirements of this Article. 21 -30.04 — Official Zoning Map a. The City of Edgewater is hereby divided into zoning districts and shown on the Official Zoning Map as amended by the City Council. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Chapter 21, of the Code of Ordinances." b. No changes shall be made in the Official Zoning Map except as provided herein in Article IX. Any unauthorized change of any kind by any person, or persons, shall be considered a violation of this Article and be subject to the applicable enforcement provisions described in Article X. Rev 06/15/09 (Land DevelopmentCode) 111 -2 c. Regardless of the existence of copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be maintained in the official records of the City. d. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature of number of changes and additions, the City Council shall adopt a new Official Zoning Map. 21 -30.05 — Comprehensive Plan Consistency The regulations contained herein are consistent with and implement the Comprehensive Plan policies contained in the Future Land Use Element, Housing Element, Coastal Element and Conservation Element. SECTION 21 -31 — COMPREHENSIVE PLAN RELATIONSHIP Table III -1 shows which zoning categories are consistent with and implement the land use categories in the Comprehensive Plan, particularly the Future Land Use Map (FLUM). (See Page III -4) Rev 06/15/09 (Land DevelopmentCode) 111 -3 TABLE III -1 LAND USE AND ZONING COMPATIBILITY [Future Land Use Designation Compatible Zoning Districts Low Density Transition RT 1.0 DU /net acre Low Density Residential R -1, R -2, R -3, RPUD, RP, RT 1.0 to 4.0 DU /net acre Medium Density Residential R -3, R -4, RPUD, MH -1, MH -2 4.1 to 8.0 DU /net acre High Density Residential R -5, RPUD 8.1 to 12.0 DU /net acre Commercial B -2, B -3, B -4, BPUD Industrial I -1, I -2, IPUD Recreation CN, RT, AG, R -1, R -2, R -3, R -4, R -5, RPUD, RP, MH -1, MH -2, B -2, B -3, B -4, BPUD, I -1, I -2, IPUD, P /SP, R, EC, CC Public /Semi - Public CN, AG, P /SP, R Conservation CN, P /SP, R Agriculture AG, R Minimum 1 DU /2.5 net acre Mixed Use RPUD, BPUD, IPUD, EC, CC Minimum 15 acres; to 12 DU /net acre DU = Dwelling Units SECTION 21 -32 — ZONING DISTRICT DESCRIPTIONS 21 -32.01 — Zoning District Descriptions Table III -2 summarizes the principal purpose for each zoning category. The minimum parcel sizes are provided where applicable. (See Page III -5) Rev 06/15/09 (Land DevelopmentCode) 111 -4 TABLE III -2 ZONING DISTRICT DESCRIPTIONS Zoning District Title Cate o Purpose and General Description Conservation CN Protection of wetlands, aquifer recharge & environmentally sensitive areas. Rural Transitional RT Provide for limited agriculture and provide for a transition between rural and residential land uses — min. 1 acre lot. SF Residential R -1 Single family residential — (1.0 to 4.0 units/net acre) min. 12,000 sq. ft. lot. SF Residential R -2 Single family residential — (1.0 to 4.0 units/net acre) min. 10,000 sq. ft. lot SF Residential R -3 Single family residential — (1.0 to 4.0 units /net acre ) min. 8,625 lot. MF Residential R -3, R -4 Medium density residential (4.1 to 8.0 units /net acre) — single family, duplex, apartments, and townhouses. MF Residential R -5 High density residential (8.1 to 12.0 units /net acre) — single family, duplex, apartments, and townhouses. Recreation R This zoning category includes parks and recreation facilities owned by the City, as well as recreation facilities located at area schools that are under lease to the City. This category includes land committed to both active and p assive recreational uses. Residential Planned Unit RPUD Intended for mixed residential, personal service and limited retail Development commercial with a single development plan —15 acre min. size parcel — See Article V, Section 21 -58 for details. Residential Professional RP Intended for office professional along SR #442 and a rezoning must be Office accompanied by a site plan. Mobile Home Park MH -1 Medium density residential (5.1 to 8.0 units /acre). Provide for mobile home parks — min. 5 acre parcel (See Sec. 21 -71 for Non - Conforming Parks). Manufactured Home MH -2 Medium density residential (5.1 to 8.0 units /acre). Provide for Subdivision manufactured home subdivisions — min. 50 acre parcel. Neighborhood Business B -2 Intended for retail goods and services for frequent residential needs — min. 10,000 sq. ft. Public /Semi - Public P /SP Consists of public facilities and private not - for - profit uses such as churches, schools, and cemeteries. All other public lands and facilities, including but not limited to, government offices, post offices, hospitals, utility sub - stations, water and wastewater treatment plants, fire stations, and libraries are also included in this category. Highway Business B -3 Intended for high volume highway related commercial uses — no min. parcel size. Tourist Commercial B-4 Intended for short term waterfront accommodations for visitors and accessory uses, may include residential mixed use — min. 2 acres. Business Planned Unit BPUD Intended for mixed commercial and limited multifamily residential with a Development single development plan —15 acre min. parcel — Details in Article V, Section 21 -58. Light Industrial I -1 Intended for storage, light manufacturing, wholesaling and distribution uses and adult entertainment — no min. parcel size. Heavy Industrial 1 -2 Intended for heavy manufacturing uses — no min. parcel. Industrial Planned Unit IPUD Intended for mixed industrial and limited commercial with a single Development development plan —15 -acre min. parcel size — Details in Article V, Section 21 -58. Agriculture AG Intended for general agriculture uses — min. 2.5 -acre parcel — temporary or hold zoning intended for future urban development. Employment EC /CC Intended to allow a mix of uses to satisfy varying degrees of intensity Center/Community Center and balance the residential and non - residential needs of the City. Rev 06/15/09 (Land DevelopmentCode) 111 -5 SECTION 21 -33 — USES AND RESTRICTIONS 21- 33.01 — Purpose This portion of Article III depicts the permitted, conditional and accessory uses by zoning district using the matrix format. The footnotes in Table III -3 refer to any applicable special criteria for that use in the particular zoning district and are described in Section 21 -34 of this Article. If a use is not present in a given square in the matrix, that use is not permitted in that zoning district. Changes to the list of uses, the zoning districts and /or the permitted, conditional or accessory use status of a given land use can only be changed by completing the Land Development Code amendment process described in Article IX. 21 -33.02 — Permitted Uses The use depicted as "P" in the matrix (Table III -3) means that it is permissible in that zoning district as a matter of right, subject to satisfactory compliance with the project design standards found in the Land Development Code and any applicable site plan review requirements in the Land Development Code. The list of permitted uses cannot be all inclusive. The uses described in Table III -3 shall be interpreted by the Development Services Director/Planning Director to include other uses that have similar impacts to those listed. Any dispute or request regarding interpretations shall be resolved by the City Manager subject to an appeal to the City Council. All permitted uses or businesses requiring business tax receipts shall operate from within a permanent structure. 21 -33.03 — Conditional Uses The use depicted as a "C" in the matrix (Table III -3) means that it is permitted in that zoning district only after satisfactory completion of the conditional use process described in Article IX or the satisfactory completion of a Planned Unit Development. Satisfactory compliance with the applicable project design standards described in Article V and the concurrency requirements described in Article XI must also be achieved prior to commencement of a project. 21 -33.04 — Accessory Uses The use depicted as an "A" in the matrix (Table III -3) means a use that is incidental, related, appropriate and clearly subordinate to the existing principle permitted use. Rev 06/15/09 (Land DevelopmentCode) 111 -6 SECTION 21 -33.05 TABLE III — 3 PERMITTED (P), CONDITIONAL (C), AND ACCESSORY (A) USES ZONING DISTRICTS Rev 06/15/09 (LandDevelopmentCode) III -7 .. . Agriculture Aircraft Manufacturing Airport Fixed Base Operations Animal Hospital e�eeeeeea�eeeeoeeeee�� Automobile ... ... .... Automobile _ :.::.. Boat Sales and Leasing ��ee�eeee�e�■ Bulk Procmir�. ChauffeurNehicic for Hire Cemeteries .. ... : ��eeeeeeaeaaeeee��e Distribution Financial d Supplies Government Facilities eeeeeeeeeeaaeeeeeeeeee Rev 06/15/09 (LandDevelopmentCode) III -7 SECTION 21 -33.05 TABLE III — 3 PERMITTED (P), CONDITIONAL(C), AND ACCESSORY (A) USES (cont'd) ZONING DISTRICTS Rev 06/15/09 (LandDevelopmentCode) III -8 ...: e�eeeeeeeeaaee�e��ee Hotel/Motel .: ::..��e��e�eeee�e� Laboratories Marina Related Machine ..... Medical/Dental . Mini-warehouse (5) Mining/Excavation (19) Mobile Home Sales Ni ..::. - . ...:.. ......: Personal ... ��eeeeeee��oeeee��e��, = .. e�eeeeee ©��eee�e��eee Professional . ��e��ee�eeeeeeee�ee ...... ��■��■��eeeee� Recording . ��■��e��ee�eeee�ee Rev 06/15/09 (LandDevelopmentCode) III -8 SECTION 21 -33.05 TABLE III — 3 PERMITTED (P), CONDITIONAL (C), AND ACCESSORY (A) USES (cont'd) ZONING DISTRICTS USE, STRUCTURE, OR ACTIVITY AG CN RT R -1 R -2 R -3 R4 R -5 RPUD RP MH -1 MH -2 B -2 B -3 B4 BPUD I -1 I -2 IPUD P /SP EC CC Recreational Uses R *) 14 P C P P P P P P C C A A P P C C C C C P C C Research Facilities C P C P P C C Residential - Communi Home 8) P P C C C C Residential — Duplex (16) P P C C C Residential — Family Home (9 ) P P P P P P P C C C Residential — Institutional Home (10 ) P P C C C C Residential — Multifamil (11)(16) P P C C Residential — Mobile Home P P C Residential — Single Family 16 P P P P P P P C C C C Restaurants A &B C A P P A C C C C C Retail — General C P P C C C C C RV & Boat Storage C A C C A C P P C C Salvage Yards (12 ) C Satellite Dishes A A A A A A A A A A A A A A A A A A A A Schools — Public P P P P P P P C P C P P C C C C P C Schools — Private C C C C A C P C C C C C P C Shopping Center C C P C C C C Silviculture P C Telecommunication - Unmanned P P P P P P P C P P P P P C P P C C Telecommunication Towers (2) C C C C C C C C C C C C C C C C C Theaters C P C C Truck Freight Terminal I P C C Warehousing & Storage P C C P P C C Wbolesale & Distribution P C C P P C C Wreckedrow Truck Service P P C P P C C * R — Recreation Zoninu District_ Recreatinnnl TTcec nermitteri nnlv Rev 06/15/09 (LandDevelopmentCode) III -9 TABLE III -3 FOOTNOTES The sections cited below identify special requirements for the listed land uses and are found on the following pages. In addition, many of the proposed projects must also comply with the requirements of Article IV — Natural Resource Protection, Article V — Site Design Criteria, Article VI — Signs and Article XVIII - Indian River Boulevard — S.R. 442 Corridor Design Regulations. 1. See Satellite Dishes, Section 21 -36.04 — Dishes greater than 39 centimeters in diameter are required to obtain a building permit and otherwise conform to the site development criteria. 2. See Telecommunications, Article XII for details. 3. See Bed & Breakfast, Section 21 -34.12 for details. 4. See Kennels/Boarding, Section 21 -34.09 for details. 5. See Mini - Warehouses, Section 21 -34.11 for details. 6. See Nursing Homes, Section 21 -34.13 for details. 7. See Outdoor Storage, Section 21 -34.04 and 21 -35.01 and 21 -36.03 for details. 8. See Community Residential Homes, Section 21 -34.02 for details. 9. Limited to 6, or less, residents and no closer than 1000 feet to another Family Residential Home. 10. See Institutional Residential Homes, Section 21 -34.03 for details. 11. Multifamily residential is permitted in BPUD only as part of a single business /residential development plan — See Article V, Section 21 -58 for details. 12. See Salvage Yards, Section 21 -34.07 for details. 13. Residential Professional offices may be permitted as a conditional use in the R -2 district for certain properties abutting State Road #442. See Section 21 -34.14 for details. Rev 06/15/09 (Land DevelopmentCode) III -10 14. No artificial lights or recreational activity within 25 feet of the perimeter of the property line shall be permitted adjacent to residential property. 15. Places of Worship — Schools /Child Care, see Section 21 -36.05 for details. 16. Attached and detached aircraft hangars permitted in residential districts adjacent to airport taxiways. 17. Outside application of flammable finishes and /or environmentally sensitive finishes (spray painting) is strictly prohibited. 18. State license required. 19. Mining/Excavation is defined as the exploration for or extraction of surface or subterranean compounds; which shall include oil and gas exploration and production, and the mining of metallic and non - metallic minerals, sand, gravel, fill dirt, and rock. 20. Adult Entertainment is permitted in the I -1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. SECTION 21 -34 — SPECIAL USE REQUIREMENTS The following uses are subject to the special restrictions described below in addition to the applicable natural resource standards described in Article IV and the project design standards described in Article V. 21 -34.01 — Home Occupations The purpose of this Section is to provide criteria under which a home occupation may operate in the City's residential districts. The Home Business Tax Receipt is designed to allow for office type uses within a residence. No home business tax receipt shall be issued unless the City determines the proposed home occupation (business) is compatible with the criteria shown below: a. The use must be conducted by a member, or members, of the immediate family residing on the premises and be conducted entirely within the living area of the dwelling unit, not to exceed twenty percent (20 %) of the dwelling unit space (excluding garage /carport) for the home occupation. b. No manufacturing, repairing, storing, or other uses that are restricted to commercial and industrial districts are allowed. c. No chemicals /equipment, supplies or material, except that which is normally used for household domestic purposes, shall be used or stored on site. Rev 06/15/09 (LandDevelopmentCode) 111 -1 1 d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be permitted in residential areas. e. No electrical, electro- magnetic or mechanical equipment that causes any interference or excessive noise to adjacent dwelling units shall be installed or operated. f. No products, services, or signage may be displayed in a manner that is visible from the exterior of the dwelling unit, except signage required by state law. g. Except as provided in Section 21- 35.03, no commercial vehicles or equipment shall be permitted in the driveway, or adjacent public right -of -way, including commercial vehicles used for mobile vending and no delivery of commercial products for the use of the business tax receipt shall be allowed. Normal /routine UPS, FedEx, or over -night mail shall not be considered commercial deliveries. h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted for office use and small machinery such as hand drills and small jigsaws for hobbyist uses. Hobbyist uses shall be limited to $500 in total inventory. i. All home occupations shall be required to obtain a home business tax receipt pursuant to the requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation. j. Garages, carports or similar structures, whether attached or detached shall not be used for storage of material or manufacturing concerning the home occupation (other than storage of an automobile). k. Any home business tax receipt that generates more than 10 vehicle trips per day shall require a City fire inspection. Excessive traffic shall not be permitted other than routine residential traffic. 1. An applicant may appeal the denial of an application to the City Council pursuant to the requirements of the Land Development Code. m. No home business tax receipt shall be issued for any property until such time that any Code Compliance issues are resolved. n. If the applicant does not own the property, said applicant shall provide a signed and notarized affidavit from the property owner permitting a Home Occupation on their property, provided the use is permitted by the City. 21- 34.02— Community Residential Homes (CRH) The purpose of this Section is to establish criteria for the placement of Community Residential Homes as defined in F.S. 419.001(a), and limit their location to areas zoned for multi - family development. Rev 06/15/09 (Land DevelopmentCode) 111 -12 a. All Community Residential Homes shall be required to obtain a City business tax receipt. Pursuant to the requirements of Chapter 205.1965, F.S., the City shall not issue said receipt unless the applicant has a state license and substantially meets the criteria listed herein. b. All facilities shall comply with the minimum parcel area and dimensional requirements of the zoning district in which the facility is located. c. Community Residential Homes shall be used only for the purpose of providing rehabilitative, or specialized care, and may not be used for administrative, or related office -type activities, other than those in support of the facility. d. No counseling, or other client services for non - residents shall be permitted in a CRH. e. A CRH shall be similar in appearance to the prevailing character of the area in which the proposed site is located. Similar means within 125 percent of the average floor area, height, and/or architectural style of any other dwelling units in the adjacent area. f. On -site signage shall be a low profile sign with a maximum height of 8 feet and a maximum area of 16 square feet. g. The proposed CRH shall provide a minimum 4 -foot (4') high fence on all property lines. h. The proposed CRH shall comply with the appropriate project design standards described in Article V. i. The proposed CRH shall comply with all appropriate Florida Fire Prevention Codes and Building Code requirements. j. The minimum dwelling unit size for each resident shall be 750 square feet. k. There shall be no more than fourteen (14) residents permitted in a structure on a parcel designated as Medium Density Residential or High Density Residential on the City's Future Land Use Map. 1. Each CRH shall provide a responsible supervisory person on duty at all times while residents are on the premises. The minimum staffing levels required by the State, or other licensing agency, shall be maintained at all times. m. Failure to substantially comply with all these criteria shall subject the property owner, and /or the applicant, to the enforcement provisions of Article X. n. A Community Residential Home shall not be located closer than 1,200 feet (1,200') to another CRH, or closer than 500 feet (500') of a parcel zoned AG, RT, R -1, R -2, or R -3. [See Chapter 419.001 F.S.] Rev 06/15/09 (LandDevelopmentCode) 111 -13 o. All distance requirements shall be measured from the nearest point of the existing CRH property line, or the zoning district described above, whichever is greater. p. Each facility shall be required to obtain an appropriate license prior to receiving an occupational license from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21 -34.03 — Institutional Residential Homes (also referred to as ALF's) The purpose of this Article is to provide regulations to protect the adjacent property values while allowing the institutional home to operate. For this purpose of this Code, assisted living facilities (ALF) shall be considered as an Institutional Residential Home. a. A minimum 4 foot (4') high fence shall be provided at all times. b. Full time on -site management shall be provided at all times. c. Minor on -site medical care may be provided at the option of the operator. d. Each resident shall have the minimum square footage of personal living area for their use, as required by the State. e. Each facility shall be required to obtain an appropriate license prior to receiving an occupational license from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21 -34.04 — Salvage Yards The purpose of this Section is to control the operation of salvage yards and similar uses. a. Salvage yards shall comply with the conditional use standards for the I -2 zoning district. b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet, and shall conform to the buffer yard requirements described in Article V, Section 21 -54. c. All sites shall be enclosed by an eight foot (8') high stockade fence or masonry wall. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Nothing stored shall be visible above the height of the fence or wall. e. A City of Edgewater Business Tax Receipt shall be required. Rev 06/15/09 (LandDevelopmentCode) 111 -14 f. No storage or parking of items under control of the salvage yard shall be permitted outside of the fence or wall. 21 -34.05 — Refuse and Dumpsters The purpose of this Section is to control the placement and operation of refuse and dumpsters and similar such uses. a. Dumpsters on commercial, industrial and multi- family properties shall be enclosed from view with a six foot (6') high stockade fence, or masonry wall and gate. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. Dumpsters and dumpster pads shall not be required for properties zoned RP (Residential Professional). b. No dumpsters, containers or containment areas shall be permitted in any public right -of -way. c. Gates shall be kept closed at all times except on designated pick up days. d. Non - residential properties located within 150 -feet of a residential property line or noise sensitive zone (as defined in the Noise Ordinance) shall not have dumpsters and/or containers delivered, emptied or removed between the hours of seven p.m. (7:00 p.m.) and seven a.m. (7:00 a.m.) on weekdays and seven p.m. (7:00 p.m.) and eight a.m. (8:00 a.m.) on weekends or holidays. Dumpsters and /or containers cannot be delivered, emptied or removed during the hours of ten p.m. (10:00 p.m.) and six a.m. (6:00 a.m.) in non - residential properties which are not within 150 -feet of a residential property line or noise sensitive zone. e. All construction projects shall have a dumpster located on -site for placement of construction debris for all new construction and additions exceeding 600 - square feet. f. Containment areas and construction project areas shall be maintained in a clean and orderly manner at all times so as to not produce a nuisance. g. Newly developed/redeveloped non - residential projects and multi - family projects over four (4) units shall provide an adequate quantity of on -site dumpsters. 21 -34.06 — Kennels The purpose of this Section is to minimize conflicts of noise, odor, and health hazards created by kennels. In addition to the regulations as set forth within the district(s) in which the use is located, the following minimum regulations shall apply: a. Commercial kennels are limited to the raising, breeding, boarding, and grooming of domesticated animals. Farm animals such as pigs and chickens or exotic animals such as snakes are expressly prohibited. Rev 06/15/09 (Land DevelopmentCode) 111 -15 b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a sanitary facility approved the City Engineer. c. No animal having a disease harmful to humans shall be boarded or maintained in the facility. d. No building or other structure nor any dog run shall be located within 150 feet (150') of any residential use. e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7 A.M. f. Kennels are required to receive a commercial kennel license from the Volusia County Animal Control Department and a City of Edgewater Business Tax Receipt after receiving a Certificate of Occupancy from the City. g. See Chapter 5 of the Code of Ordinances, City of Edgewater, Florida for additional regulations. 21 -34.07 — Mini - warehouses Mini- warehouses may be permitted under the following conditions: a. Mini - warehouse buildings shall be screened from the public right -of -way by a minimum of a six foot (6') high stockade fence or masonry wall with a ten foot (10') wide landscape buffer planted adjacent to the street side on all boundaries facing residential districts. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. b. The project shall be completely fenced, walled, and designed to limit ingress and egress through a controlled and lockable access point. This shall be limited to one (1) two (2) way access points or two (2) one (1) way access points. c. Mini - warehouse units shall not contain any provision for electrical outlets, potable water, or sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes may be installed outside of the warehouse structures. d. Bathroom facilities shall be provided at a central facility in accordance with the Standard Plumbing Code. e. Mini - warehouses are to be used solely for storage purposes. No other commercial use or business shall be permitted within the facility unless permitted as part of a Master Plan. However, one (1) office unit attached by common walls or floors as a part of the mini - warehouse facility may be provided for use of the warehouse manager. Rev 06/15/09 (Land DevelopmentCode) 111 -16 f. No storage of flammables, weapons, ammunition, explosives, hazardous, or illegal substances or materials is allowed. g. Mini - warehouses may be permitted as a conditional use in the B -3 and BPUD District when located at least 100 feet (100') from the front property line and where in that 100 feet (100') the property is developed. h. A City Business Tax Receipt shall be required. 21 -34.08 — Bed & Breakfasts a. Bed and breakfast accommodations, as defined in Section 21 -20 shall require off - street parking at 1 spacelbedroom, plus residential parking requirements. b. Landscaping shall be provided as required for hotel /motel uses. c. One (1) sign not to exceed six (6) square feet. d. A City Business Tax Receipt is required. 21 -34.09 — Nursing Homes a. Nursing home sites shall front on a major collector or arterial roadway. b. Buffering shall be provided based on land use intensity and comply with the landscaping requirements of Section 21 -54. c. A City Business Tax Receipt is required. 21 -34.10 — Residential Professional Offices Residential Professional Offices are permitted as a conditional use and require site plan approval. Residential Professional Offices are permitted only along S.R. 442, east of Pinedale Road and west of U.S. Highway 1. Residential Professional Office site plans shall be provided with a Zoning Map Amendment application and shall include: a. The property must have a minimum frontage of 100 -feet along S.R. 442. b. One ground sign not to exceed sixteen (16) square feet of display area and an overall height of eight feet (8'). 1. Ground Sign Planter Specifications. Vertical structure supports for ground signs shall be concealed in an enclosed base. The width of such enclosed base Rev 06/15/09 (LandDevelopmentCode) 111 -17 shall be equal to at least two - thirds (2/3) the horizontal width of the sign surface. A planter structure shall enclose the foot of the base. The planter shall be between two feet (2') and three feet (3') in height above the ground, with a minimum length equal to the width of the sign and a minimum width of three feet (3'). The materials will be consistent with the sign and principal structure. The planter shall be irrigated and planted with low shrubs, ornamentals or flowers. Such plantings shall be maintained indefinitely. 2. Ground Sign Setback. The leading edge of the sign shall be setback a minimum of ten feet (10') from the right -of -way. 3. Movement. No ground sign nor its parts shall move, rotate or use flashing lights. 4. Prohibited Signs. Signs that are prohibited in the Indian River Boulevard Corridor include animated signs, billboards, off -site signs, flashing signs, snipe signs, portable signs (trailer signs), roof signs, beacon lights, bench signs, trash receptacle signs, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. c. Commercial building code requirements shall be met. d. A City Business Tax Receipt is required. e. All development and/or redevelopment shall conform to the site design criteria as defined in Article V and Article XVIII of the Land Development Code f. Professional office uses are restrictive and shall be designed to primarily serve the populace of the general vicinity. SECTION 21 -35 — PROHIBITED USES 21 -35.01 — Alcoholic Beverages No alcoholic beverage establishments, i.e., establishments engaged in the sale of alcoholic beverages for on- premises consumption, shall be located within 500 -feet of an established church or school with the following exception: a. Any location licensed as a restaurant, which derives at least 51- percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to Florida Statutes. Rev 06/15/09 (Land DevelopmentCode) 111 -18 SECTION 21 -36 — ACCESSORY USE REQUIREMENTS 21 -36.01 —Purpose This Section includes those accessory uses and detached structures that are subordinate to the main use or building or located on the same lot. The term other accessory buildings shall include, but not be limited to such structures as greenhouses, gazebos, storage buildings, storage shed, garages, carports and the like. 21 -36.02 — General Regulations a. The principle permitted use must be built or permitted prior to a permit for an accessory use is permitted. b. All accessory uses, buildings and structures shall be located on the same lot as the principle or permitted use. c. No accessory use, building or structure shall exceed the height limit shown in that district. d. Accessory buildings shall not be rented or otherwise used as a dwelling unit. e. No accessory structure may be located within a public right -of -way or public easement. f. All accessory structures are required to obtain a building permit. g. No accessory structure may be located in any front yard in any zoning district. h. Accessory buildings shall conform to the setback requirements described in Table V -l. i. No accessory building may be located within any required parking area, landscape area or stormwater facility area. j. Accessory buildings shall be limited to 2 per parcel. k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side property lines. 21 -36.03 — Outdoor Storage and Display: Commercial/Industrial The purpose of this Section is to provide regulations for the location of outdoor storage and display facilities where such storage is an accessory use and a part of normal operations on the premises. a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain commercial and industrial districts as indicated in Table I11 -3. Such outdoor storage or Rev 06 /15/09 (Land DevelopmentCode) 111 -19 display shall not be located adjacent to any residential district or use unless such storage or display is screened from the view of the neighboring residential district or use. b. No outdoor storage may be located in any required front yard, parking areas, fire zones, loading areas or access lanes. c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic entering or leaving the site. Existing sites with a chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and similar materials, which are subject to being scattered or blown about the premises by normal weather conditions, shall be contained by an adequate enclosure. No outdoor storage area or building shall be located in a public right -of -way, utility or drainage easement. e. Commercial outdoor display of merchandise may be permitted as an accessory use within the required front, side or rear yard areas, providing that such outdoor display shall not be located adjacent to a residential street. f. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet (10') from the front and side corner property line and five feet (5') from the interior side and rear property line. Landscaping shall be installed in this area on any adjacent local street. g. All display merchandise and related display equipment shall be removed at the close of business each day. No outdoor display areas shall be permitted within required parking spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles, driveway entrances or exits. h. All unattended machines dispensing a product, with the exception of ice and water machines, LP gas, newspaper machines (general circulation), shall be located indoors. 21 -36.04 — Satellite Dishes and Antennas The purpose of this Section is to control the location of satellite dishes and antennas in order to allow their use without sacrificing property values. Telecommunication tower location and site development standards are found in Article XII. a. Privately owned ham radio antennas, citizens band radio and /or satellite dish antennas shall be considered accessory uses. All other such facilities belonging to companies whose business involves the reception or transmissions of wireless communication signals shall be considered commercial uses. b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters (approximately 36 inches) or less in diameter shall not require an installation permit. Rev 06/15/09 (Land DevelopmentCode) III -20 c. A satellite dish greater than 36 inches (36 ") in diameter shall require a building permit from the City. d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in diameter shall be set back five feet (5') from side and rear lot lines or easements. e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be permitted in the front yard of any parcel. f. The required setback shall be measured from the closest point of the outermost edge of the antenna or satellite dish to the property line. g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes shall not exceed the height limit in that district. 21 -36.05 — Places of Worship — Schools /Child Care The purpose of this Section is to establish criteria for the operation of schools and recreation facilities as an accessory use associated with places of worship. a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25') of property used as residential. b. Recreation areas associated with places of worship shall not use artificial site lighting at night unless shielded from adjacent residential areas. c. No recreational activity shall be located closer than 25 feet (25') to an adjacent parcel. d. The front yard of a place of worship shall be on an arterial or collector roadway. e. The building design for new construction shall be substantially similar to the design of the existing structures. No portables, trailers or like buildings are permitted. f. Parking and service areas shall be located away from adjacent parcels. 21 -36.06 — Boathouses The following regulations shall apply to boathouses in all the R -1, R -2, R -3, R -4 and R -5 districts. a. Height of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen (15') feet from mean high water. b. Boathouse setback: No boathouse shall be built less than five (5') feet from the established bulkhead line or less than ten (10') feet from any side lot line. If no bulkhead line is established, then the mean high tide watermark shall be used as the line of measurement. Rev 06/15/09 (Land DevelopmentCode) 111 -21 c. Accessory building attached to boathouse: No accessory building which is attached to a boathouse and a part thereof shall be erected or altered less than twenty (20') feet away from the established bulkhead line. If a bulkhead line is not established, then the mean high water mark shall be used as the line of measurement. d. Detached accessory building to boathouse: A detached accessory building to a boathouse is prohibited in the R -1, R -2, R -3, R -4 and R -5 residential districts. e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in width measured on a line parallel to the established bulkhead line or exceed forty (40') feet in depth measured at right angles to the established bulkhead line. If a bulkhead line is not established, then the mean highwater mark shall be used as a line of measurement. 21 -36.07 — Boat Docks and Slips a. Boat docks and slips for mooring pleasure boats, yachts and non - commercial watercraft shall be permitted in accordance with Volusia County's Manatee Protection Plan in any residential district as an accessory use to the residential use. b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of measurement. c. Each lot of record with frontage along the Indian River shall be entitled to one (1) boat slip per Volusia County's Manatee Protection Plan. 21 -36.08 — Boats as Dwelling Units No boat or vessel shall be used or maintained as a dwelling unit which is not sound, seaworthy and equipped with sanitary facilities that are either: a. Connected to a public sewer system, or b. Have a self - contained waste treatment system. 21 -36.09 — Canopies/Temporary Carports and Tents /Gazebos a. Owners of canopies /temporary carports and tents /gazebos shall be required to secure the above objects so as to prevent them from becoming airborne or from leaving the property where installed, as well as keep them in a good state of repair. b. The below specifications are intended to be minimum only and are no indication or guarantee of fitness for securing the temporary items covered under this Section. Quantities and sizing will vary by the size of the item being secured. Rev 06/15/09 (Land DevelopmentCode) 111 -22 1. All tie downs must be secured to solid, immoveable objects such as: mobile home anchors, concrete driveways, buildings, etc., or as per manufacturer's installation instructions or engineer's specifications. 2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable or a minimum of 3/8" true nylon rope, (not polyethylene, polypropylene or polyester) or sized as per manufacturer's installation instructions or engineer's specifications. 3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down, because attaching weight or other moveable objects to canopies /temporary carports and tents /gazebos can cause those weights to be catapulted by wind lift. c. Canopies /temporary carports shall be located in the driveway, immediately parallel to the driveway, in the side yard or back yard, but at no time shall they extend over the property line or into the public right -of -way. There shall be a limit of one such canopy /temporary structure in the front setback/front yard area and shall be as far from the front property line /street as the yard size or driveway permits. This location must not cause a safety problem. No enclosing or side tarps will be allowed in the front setback/front yard area. d. Tarps /tops of temporary structures shall be removed during hurricane warning conditions. e. Use of such canopies within the front setback/front yard, shall be limited to cover automobiles, watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers, campers and other motorized vehicles. 21 -36.10 — Swimming Pools a. Definitions As used in this Article, the following terms shall have the respective meanings ascribed to them: Residential swimming pool: Any swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family, and by guests invited to use it without charge or payment of any fee. Swimming Pool: A body of water in an artificial or semi - public or private swimming setting or other water - related recreational activity intended for the use and enjoyment by adults and /or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and shall exclude 110 -volt plug -in Jacuzzi/hot tubs. Rev 06/15/09 (LandDevelopmentCode) 111 -23 Wading pool: Any pool with a surface area of less than two hundred fifty (250) square feet and less than twenty -four (24) inches in depth at any point. Wading pools shall not be required to comply with this Article. b. Permit — Application; plans and specifications Application: Before the erection, construction or alteration of any swimming pool has begun, an application for a permit shall be submitted to the Building Official for approval. 2. Plans and specifications: The application shall be accompanied by two (2) sets of full and complete plans and specifications of the pool, including a survey of the lot showing distance between buildings or structures and the distance from all property lines. Plans must show method of compliance with the Pool Safety Act, F.S. 515. Structural Requirements General: All swimming pools whether constructed of reinforced concrete, pneumatic concrete, steel, plastic or others, shall be designed and constructed in accordance with the requirements of the Florida Building Code, 424 and accepted engineering principles. d. Location 1. Front yard and side corner yard swimming pools are prohibited. 2. No swimming pool shall be constructed closer than five (5) feet from any building without engineering, nor within any easement or ten (10) feet from any property line, unless a Development Agreement or P.U.D. Agreement is established for the property. e. Enclosures 1. All swimming pools, unless entirely screened in, shall be completely enclosed with a fence or wall at least four feet (4') high, and so constructed as to not be readily climbable by small children. All gates or doors providing access to the pool area shall be equipped with a self - closing and self - latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool area is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped, per Child Safety Act, F.S. 515. 2. All whirlpools, spas or hot tubs unless entirely screened in or equipped with a lock down cover shall be completely enclosed with a fence or wall at least four feet (4') high and so constructed as to not be readily climbable by small children, and comply with the Child Safety Act, F.S. 515. Rev 06/15/09 (LandDevelopmentCode) I1I -24 f. Filtration and recirculation system All swimming pools shall be equipped with a filtering and recirculation system and such systems shall be compliant with all applicable requirements as set forth by the American National Standards Institute. g. Electrical wiring All electrical wiring must comply with the National Electrical Code (NEC). h. Plumbing When plumbing is connected to City service for water supply, all plumbing shall be in strict accordance with the local plumbing code. When water is supplied from sources other than City connected service to family pools, then plastic pipe stamped and approved one hundred (100) by an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing inspector. i. Discharge water Water being discharged from the pool or from the back flushing of the filtering system may be discharged to a storm sewer, dry well, seepage pit, or through an irrigation system or other approved method by the City. Discharge water may not be discharged into a sanitary or combined sewer. Rim height The overflow rim of all swimming pools shall be a minimum grade above surrounding ground level and in all cases sufficiently high enough to prevent groundwater from flowing into the pool. k. Walkway A walkway of concrete or other approved materials shall surround all swimming pools from the overflow rim outward a distance of three feet (3') for at least two- thirds (2/3) of the pool perimeter and shall be so designed that water cannot drain from the walkway into the pool. n. Overflow Skimmer A beam overflow skimmer shall be required and be designed so that debris caught in it will not be washed back into the pool by water movements. Rev 06/15/09 (LandDevelopmentCode) 111 -25 SECTION 21 -37 — SPECIAL ACTIVITY/PERMIT REQUIREMENTS 21- 37.01— Purpose /Scope To establish policies and procedures pertaining to special activities, including but not limited to, outdoor entertainment, to ensure compliance with all applicable City, County and State requirements. A special activity permit will be required of all special activities held within the City of Edgewater. 21 -37.02 — Definitions Charitable event /activity — is an event/activity or cause sponsored by a business or non - profit organization for the purpose of soliciting aid, assistance or contributions for benevolent purposes. To qualify as a charitable event/activity; all profits (net difference of gross revenues less expenses) must be given to the charitable cause for which the charitable event/activity was organized. For purposes of this definition, a charitable event/activity can not exceed one (1) day. Each charitable event/activity permit application shall adhere to the special activity permitting process as defined in Section 21- 37.04. For the purposes of this definition, a charitable event/activity does not include an event/activity with the primary purpose of carrying on propaganda or otherwise attempting to influence legislation, and does not include an event/activity with the primary purpose of raising funds or garnering support for a political campaign on behalf of (or in opposition to) any candidate for public office. City sponsored activity — sponsored or co- sponsored by the City Council or any City Department for the benefit of the residents of the community. Civic group /non profit organization — any group that meets for the improvement of the community and whose main function is to make the community a better place to live either by deed, donations of time or finances. A tax - exempt certificate is not necessary if the group meets the above stated criteria. Community activity - activities which take place on City owned or controlled property in which the general public is invited to participate. Live entertainment - entertainment in the form of music, singing, speaking or similar activities that are enhanced by amplification equipment. This includes bands, concerts, performances, karaoke and disk jockey functions. Outdoor entertainment — entertainment in the form of music, singing, speaking and similar activities, amplified or non - amplified that is located outside of or partially outside of the area of the sponsoring property permitted for normal retail sales or services. Private business - any business enterprise operating for the purpose of creating a profit. Special activity — any public or private activity held within the City of Edgewater in which it can be reasonably anticipated that the number of persons attending the activity will exceed the on- Rev 06/15/09 (LandDevelopmentCode) 111 -26 site parking, seating or sanitary facilities available at the premises upon which activity will take place and that services will be required beyond that which are regularly provided by the City such as additional traffic control, crowd control, fire and/or emergency services, street closures, cleanup or other municipal services. Special activity permit — a permit issued by the City Council to authorize a special activity. Sponsor /promoter — any person, group or entity ultimately responsible in full or part for producing, operating, sponsoring or maintaining a special activity. 21 -37.03 — Special Activity Permit Requirements 1. The uses authorized by a Special Activity Permit are temporary and all permitted improvements shall be removed within five (5) days of the completion of the special activity. 2. The number of special activities at any given location or address shall not exceed: a. One 10 -day period and two 1 -day charitable events /activity between the period of January 1" through June 30`h; and b. One 10 -day period and two 1 -day charitable events /activity between the period of July I" through December 31 S` c. The City Council mM grant an exemption to the number events /activities permitted per year for a specific location or address. The exemption shall not be granted for more than a one (1) year period. All other requirements contained in this Section shall apply. 3. Outdoor entertainment/amplified sound in conjunction with a special activity shall be permitted only between the times of 1:00 p.m. to 9:00 p.m. 21 -37.04 — Special Activity Permit Application Process a. A special activity permit will be required for each special activity held within the City of Edgewater. b. A special activity permit application must be completed and submitted to the Development Services Department for review by City staff at least 60 -days in advance of the activity. The application must include specific dates and times of the planned activity (including set up and demobilization), number and types of vendors, types and hours of entertainment, specific parking layouts, quantity and number of sanitary facilities. If the application is for a charitable event /activity, sufficient information (financial, medical and/or socio- economic) must be provided for a clear determination that the event meets the criteria of a charitable event/activity. Hours for outdoor entertainment/amplified sound are described in Section 21- 37.03 of this Article. Rev 06/15/09 (Land Deve lopmentCode) 111 -27 c. The completed special activity permit application and staff comments will be provided to the City Council for review and consideration at the next regularly scheduled meeting. City staff will notify affected property owners within 500 -feet of the site requesting the special activity permit and the date and time of the City Council meeting in which the application will be reviewed. The applicant shall provide names and addresses of each affected property owner, obtained from the Volusia County Property Appraiser's office. 21 -37.05 — Special Activity Permit Criteria a. The proposed activity will not result in unsafe ingress /egress for either pedestrians or vehicles. b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes conditions. c. The proposed activity shall comply with the City's Land Development Code and noise ordinance conditions. d. The proposed activity will direct on -site lighting away from adjacent parcels and roadways. e. The proposed activity shall have adequate sanitary facilities. f. The applicant shall post a bond or provide insurance in the amount of $200,000 to hold the City harmless of any and all liabilities. g. The City Council may add other conditions to protect the health, safety and welfare of the residents. 21 -37.06 —Temporary Structures It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshall shall verify such compliance is obtained. 21 -37.07 — Inspections to Ensure Compliance The City shall provide scheduled and unscheduled inspections prior to and /or during the special activity by police, fire, code compliance, building and /or City administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require a code compliance officer to remain on site during the activity. The cost of said officer shall be reimbursed to the City by the sponsor /promoter. Appropriate State agencies are responsible for the inspection of amusement rides and public food preparation facilities. Rev 06/15/09 (Land DevelopmentCode) 111 -28 21 -37.08 — Penalties Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one -year period. A repeat offender is defined as a sponsor /promoter who violates any of the conditions of the special activity permit more than one time in a six -month period. 21 -37.09 — Exceptions Any special activity sponsored/promoted by a civic group or non - profit organization or co- sponsored by the City of Edgewater may be exempt from any and all fee requirements. This decision shall be rendered by the City Council and any waiver granted regarding these requirements is only binding and applicable upon that one activity or portion thereof and shall not mean that the sponsor /promoter has any rights to future waivers. SECTION 21 -38 — FENCES, WALLS and HEDGES 21- 38.01 — Purpose The purpose of this Section is to set forth the standards necessary to regulate the use of fences. 21 -38.02 — General Requirements The following regulations shall apply to the erection of fences, walls and hedges. a. All fencing materials must comply with the definition in Article Il. b. All fences shall comply with the provisions of the applicable building codes. c. Fences may be located in all front, side and rear yard setback areas and directly on property lines, provided that if a fence encroaches into a utility access easement or right -of -way, the City shall not be responsible. d. The maximum allowable height of all fences located in the front yard setbacks and river front lots of residential property not subject to site plan review shall be four feet (4'). Fences located in these areas must be non - opaque (50% visibility). The maximum allowable height of all other fences in residential areas shall be six feet (6') including side corner yards and meet the site triangle requirements. Six (6') foot fences on side corner lots shall be setback ten feet (10') from the property line. In commercial and industrial areas no fence shall exceed ten feet (10') feet in height unless otherwise approved as part of a development plan and meet the site triangle requirements. The filling or berming of property solely for the purpose of creating a barrier that exceeds the height requirements contained herein is prohibited. Rev 06/15/09 (Land DevelopmentCode) I11-29 e. Concrete block walls shall be constructed with appropriate reinforcement as determined by the Building Official. Block walls shall be stucco and painted to compliment the surrounding character of the area. f. All fences shall be erected with the finished side facing outward or away from the enclosed screened area. The "good - side "(side without posts) of fence shall be facing public view. g. Approval to exceed maximum height limitations may be granted by the Development Services Director /Planning Director subject to either of the following: 1. The enclosed or screened area is sufficiently lower than adjoining lands to render a fence of the maximum allowable height inadequate for its intended purpose. 2. The area to be enclosed or screened contains a nuisance or a hazard that cannot adequately be encompassed or obscured by a fence of the maximum allowable height. h. Fences with barbed wire shall be prohibited in conjunction with residential development. In nonresidential development, up to three (3) strands of barbed wire may be installed at the top of a fence. For regulatory purposes, barbed wire shall not be included in the measurement of the fence height. In no case shall barbed wire be allowed to overhang or extend outside of the property lines of the site on which the fence is installed, nor shall any barbed wire be installed at a height of less than six -feet (6') with the exception of agriculturally zoned property- i. Electric or electrified fences shall be prohibited except in agriculturally zoned districts for the containment of livestock. j. Customary fencing around public recreational amenities shall be exempt from height restrictions. k. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or other common areas deemed as an aesthetic amenity. 1. Fences shall conform to the "site- triangle" requirements as set forth below: 21 -38.03 — Site Triangle Requirements a. Nothing shall be erected, planted or placed in a manner as to materially impede vision between a height of two and one -half feet (2 ' /2') to ten feet (10') above the intersecting street right -of -way lines. The site triangle shall be measured fifty feet (50') in each direction from the intersecting right -of -way lines. These regulations may also apply in commercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. Rev 06/15/09 (Land Deve loprnentCode) 111 -30 (See Site Triangle Diagram on the following page) Rev 06/15/09 (LandDevelopmentCode) 111 -31 0 AGENDA REQUEST Date: June 9 201 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD OTHER APPOINTMENT 7j jq /gyp CONSENT BUSINESS _ ITEM DESCRIPTION: Laura Reilly of the Firefighters' Pension Fund Board seeks reappointment to the Firefighters' Pension Fund Board. BACKGROUND: Laura Reilly has requested reappointment to the Edgewater Firefighters' Pension Fund Board. Laura Reilly currently holds one of the positions elected by the Council. Membership of the Firefighters' Pension Board consists of five (5) members; two voted by the membership, two appointed by Council, and one appointed by the other four (4) Board members. STAFF RECOMMENDATION: Affirmation of Laura Reilly re- election by Council to the Firefighters' Pension Fund Board. ACTION REOUESTED: Motion to affirm Laura Reilly re- election to the Firefighters' Pension Fund Board. FINANCIAL IMPACT: (FINANCE DIRECTOR NA (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: N/A Re fully sub ed, hontella Jackson q6ard Coordinator Firemen's Pension Board Agenda. request. form. rev.2/ 16/2000 YES NO X AGENDA ITEM NO.: Robin Matusick Paralegal Trace arlow City Manager 19- May -10 CITY OF EDGEWATER CITY COUNCIL EDGEWATER FIREFIGHTERS PENSION BOARD DEAR COUNCIL I WOULD LIKE TO BE RE- APPOINTED TO THE EDGEWATER FIREFIGHTERS PENSION TRUST FUND BOARD. I HAVE BEEN SERVING ON THE PENSION BOARD SINCE 1998 AND REQUEST TO BE RE- APPOINTED TO CONTINUE WORKING WITH THE PENSION BOARD. THANK YOU FOR YOUR TIME IN ADVANCE. SINCERELY, LAURA A REILLY 2101 S RIVERSIDE D EDGEWATER, FL 32141 AGENDA REQUEST Date: _May 26, 2010` PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD OTHER APPOINTMENT �1 19 I CONSENT BUSINESS ITEM DESCRIPTION: Jim Jollie and Ron Hayward of the Firefighters' Pension Fund Board were re- elected via ballots by their fellow firefighters. BACKGROUND: Jim Jollie and Ron Hayward each currently holds one of the positions elected by their fellow fighters. Membership of the Firefighters' Pension Board consists of five (5) members; two voted by the membership, two appointed by Council, and one appointed by the other four (4) Board members. STAFF RECOMMENDATION: Affirmation of Chairman Jim Jollie's re- election by fellow firefighters' to the Firefighters' Pension Fund Board. Affirmation of Secretary Ron Hayward's re- election by fellow firefighters' to the Firefighters' Pension Fund Board. ACTION REQUESTED: Motion to affirm Jim Jollie and Ron Hayward re- election to the Firefighters' Pension Fund Board. FINANCIAL IMPACT: (FINANCE DIRECTOR NA (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: N/A Res ly submit ed, axq Shontella Jackso oard Coordinator Firemen's PensioK Board Agenda. request. form. rev.2/ 16/2000 YES AGENDA ITEM NO.: Robin Matusick Paralegal 14 _ �! Trace} Barlow City ,Manager NO X M AGENDA REQUEST C.A. #2010-052 Date: July 8, 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS July 19, 2010 ITEM DESCRIPTION: Draft Ordinance #2010 -0 -16 — Establishing Policy to temporarily reduce impact fees for non- residential properties BACKGROUND: City Council has adopted Ordinance #2001 -0 -01, #2003 -0 -15 and #2004 -0 -39 which facilitated the appropriation of funds necessary to meet future demands for continued similar level of service relating to Fire /EMS, Sidewalks, Police and Transportation/Roadway. It is necessary to stimulate growth in non - residential areas in an attempt to create additional jobs within the City of Edgewater. In an attempt to enhance economic development and non - residential development that will create additional jobs, this Ordinance would institute a temporary policy to allow for the adjustments to the assessment and collection of all non - residential development that will create additional full -time equivalent jobs. The reduction of the impact fees for non - residential development will be considered based on the number of full -time equivalent jobs that are created. The applicant would be required to maintain the jobs for a period of 1 -year. During the June 21, 2010 City Council meeting the City Council had discussed additional changes that they would like to see in the Ordinance. The City Council had requested the City Manager to make the changes outlined in the attached draft and present the amended draft at the July 21, 2010 meeting. STAFF RECOMMENDATION: Staff recommends that the City Council approve draft Ordinance 2010 -0 -16 and direct the City Manager to appropriately advertise and agenda for future meetings. ACTION REOUESTED: Motion to approve draft Ordinance 2010 -0 -16 and direct the City Manager to appropriately advertise and agenda for future meetings. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: June 21, 2010 Respectfully submitted, �' - /",., � " -, - - // - �7�z � racey . arlow City anager YES NO YES NO X AGENDA ITEM # 10 d Concurrence: Robin L. Matusick Paralegal ORDINANCE NO. 2010 -0 -16 AN ORDINANCE OF THE CITY OF EDGEWATER ESTABLISHING POLICY TO TEMPORARILY REDUCE APPLICABLE SIDEWALK, FIRE /EMS, POLICE AND TRANSPORTATION /ROAD IMPACT FEES BASED ON JOBS CREATED; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE /TERMINATION DATE. WHEREAS, Article VIII s. 2(b) of the State Constitution states municipalities shall have the governmental powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council adopted Ordinance No: 2004 -0 -39 on December 6, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Transportation /Roadway; and WHEREAS, the City Council adopted Ordinance No: 2003 -0 -15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Sidewalks; and WHEREAS, the City Council adopted Ordinance No: 2001 -0 -01 on March 19, 2001 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Fire /Eins; and WHEREAS, the City Council adopted Ordinance No: 2003 -0 -15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Police; and WHEREAS, the City Council has determined that it is necessary to take action in order to stimulate the non - residential growth that will create additional jobs in the City of Edgewater; and WHEREAS, the City Council desires to enhance economic development by reducing impact fees for non - residential development and non - residential redevelopment that will encourage the creation of additional jobs; and WHEREAS, the City Council desires to institute a temporary policy to allow for the adjustments to the assessment and collection of all non - residential impact fees in order to stimulate the non - residential growth in the City of Edgewater; and 1 &Fike thFsugh passages are deleted. Underlined passages are added. #2010 -0 -16 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ESTABLISHING POLICY TO TEMPORARILY ALLOW FOR ADJUSTMENTS TO THE ASSESSMENT AND COLLECTION OF ALL NON - RESIDENTIAL IMPACT FEES AS SET FORTH BELOW: Section 1. All new development and redevelopment of non - residential properties that will create additional Full Time Equivalent (FTE) jobs will be eligible for a reduction from the referenced impact fees. A Full Time Equivalent (FTE) job is considered to be jobs offered at 32- hours or greater in a one week period. Application for construction of the new development or redevelopment won which a reduction in impact fees is sought shall occur within 30 days of this agreement and construction shall start within 90 days from the effective date of the issuance of any development orders /approvals and must be completed within 12 months from the date of commencement of construction. Section 2. The reduction will be equivalent to $2,000 for each FTE job created and cannot exceed the sum total of the eligible referenced impact fees. The reduction will be equally divided among the applicable referenced impact fees. Section 3. FTE created jobs receiving the impact fee reduction must be continuously retained for a 12 month period after construction is completed If the FTE jobs created are not retained for a twelve month period or any other condition related to the reduction is not met, then the reduced impact fee shall become immediately due and payable and all impact fees dating back to the date the fees would have been assessed but for the reduction shall be paid. In the event the impact fees are not paid within 30 days of such time they are due and payable, the City is entitled to record a lien upon the property. Section 4. Any person or entice seeking a reduction in impact fees as described herein shall file with the City an implication for reduction prior to receiving a building permit for the new development The application shall at a minimum contain; 1) the name and address of the applicant 2) an up-to-date, complete legal description of the site upon which the development is proposed to be located 3) the nature of the business and the estimated number of FTE Lobs anticipated to be created by the new development. Applicants must execute an agreement with the City of Edgewater describing the FTE jobs to be created and agree to reimburse the credited impact fee reduction if 1) construction is not commenced within 90 days of the effective date of the development orders /approvals 2) construction is not completed within 12 months from the date of commencement of construction and 3) the FTE fobs created are not continuously retained for the entire 12 month period. In the event only a portion of the FTE jobs anticipated to be created are not retained for the entire 12 month period, only that portion of impact fee reduction associated with those FTE jobs will be due and payable and the Applicant shall maintain the benefit of the reduction for those FTE lobs which are indeed retained for the entire 12 month period. The required timeframes may only be extended by the 2 StFi1Ee t-lfeugh passages are deleted. Underlined passages are added. #2010 -0 -16 City after approval by the City Council and execution of an amendment to the agreement by both the City and the Applicant. Section 5. Applicants must agree to supply any documentation requested in order to justify and/or confirm the maintenance of the FTE jobs. Referenced documentation may be requested at any time throughout the agreement period. Section 6. Applicants will be responsible for any disclosure of tax requirement affiliated with the reduction of impact fees affiliated with the creation of the FTE jobs. Section 7. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section S. This resolution shall become effective immediately upon adoption and shall expire on September 30, 2011. Upon expiration all impact fees payable in accordance with the City's impact fee ordinances shall be again due and payable upon all new development and redevelopment projects Only those development or redevelopment projects with a fully executed agreement on or before the date of expiration shall remain eligible for a reduction in impact fees as described herein provided the terms of the agreement are met and continue to be met. Section 9. The expiration of this resolution may be extended in periods not to exceed one (1) year periods by the City Council provided the City Council approves the extension prior to its expiration. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. EFFECTIVE DATE /TERMINATION DATE. 3 StFike thfough passages are deleted. Underlined passages are added. #2010 -0 -16 That this ordinance shall become effective upon its final adoption and shall terminate on September 30, 2011. PART E. ADOPTION. After Motion to approve by with Second by the vote on the first reading of this ordinance held on r" August 16, 2010, was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 4 &fie thfeugh passages are deleted. Underlined passages are added. #2010 -0 -16 AYE NAY After Motion to approve by with Second by the vote on the second reading/public hearing of this ordinance held on August 16, 2010, was as follows: ATTEST: AYE Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper NAY PASSED AND DULY ADOPTED this 4-6 20th day of stSeptcmber, 2010. 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 Wi Strife t4eug passages are deleted. Underlined passages are added. #2010 -0 -16 CITY COUNCIL OF THE CITY OF EDGEWATER, 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 44th -20th day of-Aug*st september, 2010 under Agenda Item No. AGENDA REQUEST C.A. 42010-053 Date: July 8, 2010 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT ITEM DESCRIPTION: OTHER BUSINESS July 19, 2010 W Draft Ordinance #2010 -0 -17 — Establishing Policy to temporarily defer applicable Sidewalk, Fire /EMS, Police and Transportation/Road Impact Fees BACKGROUND: City Council has adopted Ordinance #2001 -0 -01, #2003 -0 -15 and #2004 -0 -39 which facilitated the appropriation of funds necessary to meet future demands for continued similar level of service relating to Fire /EMS, Sidewalks, Police and Transportation/Roadway. It is necessary to take action in order to stimulate non - residential growth that will diversify the tax base in the City of Edgewater. In an attempt to enhance economic development, the City wishes to institute a temporary policy to allow deferring payment of the referenced impact fees for non - residential development and non - residential development or expansion that is required to pay the referenced fees which would allow adjustments to the collection of all non - residential impact fees in order to stimulate the non - residential growth within Edgewater. The purpose of the deferral is to encourage additional businesses by allowing them time to establish their business and generate revenue. During the June 21, 2010 City Council meeting the City Council had discussed additional changes that they would like to see in the Ordinance. The City Council had requested the City Manager to make the changes outlined in the attached draft and present the amended draft at the July 21, 2010 meeting. STAFF RECOMMENDATION: Staff recommends that the City Council approve draft Ordinance 2010 -0 -17 and direct the City Manager to appropriately advertise and agenda for future meetings. ACTION REQUESTED: Motion to approve draft Ordinance 2010 -0 -17 and direct the City Manager to appropriately advertise and agenda for future meetings. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: If so, DATE: June 21 2010 Respectfully submitted, low City 1>Ianager YES NO YES NO X AGENDA ITEM # _ 10 e Concurrence: Robin L. Matusick Paralegal ORDINANCE NO. 2010 -0 -17 AN ORDINANCE OF THE CITY OF EDGEWATER ESTABLISHING POLICY TO TEMPORARILY DEFER APPLICABLE SIDEWALK, FIRE /EMS, POLICE AND TRANSPORTATION /ROAD IMPACT FEES BASED ON JOBS CREATED; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE /TERMINATION DATE. WHEREAS, Article VIII s. 2(b) of the State Constitution states municipalities shall have the governmental powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council adopted Ordinance No: 2004 -0 -39 on December 6, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Transportation /Roadway; and WHEREAS, the City Council adopted Ordinance No: 2003 -0 -15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Sidewalks; and WHEREAS, the City Council adopted Ordinance No: 2001 -0 -01 on March 19, 2001 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Fire /Ems; and WHEREAS, the City Council adopted Ordinance No: 2003 -0 -15 on January 5, 2004 to facilitate the appropriation of funds necessary to meet future demands for the continued similar level of service for Police; and WHEREAS, the City Council has determined that it is necessary to take action in order to stimulate the non - residential growth that will diversify the tax base in the City of Edgewater; and WHEREAS, the City Council desires to enhance economic development by deferring the payment of the referenced impact fees for non - residential development and any non - residential redevelopment or expansion that is required to pay the referenced impact fees; and WHEREAS, the City Council desires to institute a temporary policy to allow for the adjustments to the collection of all non - residential impact fees in order to stimulate the non- residential growth in the City of Edgewater; and NOW, THEREFORE, BE IT ENACTED by the People of the City of 1 StFike thfougn passages are deleted. Underlined passages are added. #2010 -0 -17 Edgewater, Florida: PART A. ESTABLISHING POLICY TO TEMPORARILY DEFER APPLICABLE SIDEWALK, FIRE /EMS, POLICE AND TRANSPORTATION /ROAD IMPACT FEES BASED ON JOBS CREATED AS SET FORTH BELOW: Section 1. This provision applies to the new development, redevelopment or expansion of non - residential projects where the project's sum total of the referenced impact fees exceeds ten thousand ($10,000). Section 2. Eligible projects which qualify under this provision may have the portion of the impact fees exceeding ten thousand ($10,000) deferred for a period up toth+-ee (3) one 1 years from the date of completion of construction. id. Application for construction of the new development upon which a deferral in impact fees is sought shall occur within 30 days of the deferral request and construction shall start within 90 days from the effective date of the issuance of any development orders /approvals and must be completed within 12 months from the date of commencement of construction. The City may demand payment in full in the event the subject property is sold or ownership is transferred or a receiver has been appointed or there is a change of use at any time during the deferral period. Section 3. The referenced eligible impact fees will be calculated at the time the first building permit is issued based on the rates in effect and will accrue interest at the rate of five percent (5 %) per annum for each year deferred. Interest shall be simple interest calculated on the original amount of impact fees deferred. Section 4. Payment of the total impact fees plus interest shall be due in full at the end of the deferral period but no longer than three (-;+one 1 years from the date t t ,+ ti„,�,a;,,,x t fee the pr-(; eet is issued of completion of construction. In the event the impact fees are not paid within 30 days of such time they are due and payable the City is entitled to record a lien IMon the property. Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 6. This resolution shall become effective immediately upon adoption and shall expire on September 30,2102011. Section 7. The expiration of this resolution may be extended in periods not to exceed one (1) year by the City Council provided the City Council approves the extension prior to its expiration. P) &fike thfough passages are deleted. Underlined passages are added. #2010 -0 -17 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. EFFECTIVE DATE/TERMINATION DATE. That this ordinance shall become effective upon its final adoption and shall terminate on September 30, 2010. PART E. ADOPTION. After Motion to approve by _ with Second by the vote on the first reading of this ordinance held on '� August 1. , 2010, was as follows: Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper 3 Stf ike Off ough passages are deleted. Underlined passages are added. #2010 -0 -17 AYE NAY After Motion to approve by with Second by the vote on the second reading/public hearing of this ordinance held one September 20, 2010, was as follows: ATTEST: AYE Mayor Mike Thomas Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper PASSED AND DULY ADOPTED this 16th day of August, 2010. Bonnie Wenzel City Clerk NAY CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 20th legality by: Carolyn S. Ansay, Esquire day of AugustSeptember, 2010 under Agenda City Attorney Item No. Doran, Sims,Wolfe, Ansay, Kundid & Birch 2 &fike thfough passages are deleted. Underlined passages are added. #2010 -0 -17 2010 — TENTATIVE CITY COUNCIL AGNEDA ITEMS AUG 2(items due 7/22 at noon) - CANCEL AUG 16 (items due 8/5 at noon) 1) Reduction of Impact Fees — U- Sto -It 2) 2nd Reading — 2010 -0 -11; FLUM amendment - 9.13f acres located at 3515 U.S. Highway 1. 3) 2nd Reading — 2010 -0 -12; Zoning Map amendment - 9.13f acres located at 3515 U.S. Highway 1 4) 2nd Reading — 2010 -0 -14; FLUM Amendment — 1.8 acres at US 1 & Edgewater Lakes Blvd. 5) Lift Station No. 5 Bid Award 6) 2nd Reading — 2010 -0 -18 — LDC Amendment for Special Activities 7) General Employee Pension Board - Appointment SEP 13 (items due 9/2 at noon) 1) lst Reading — Proposed Mileage rate 2) 1" Reading — 2010/2011 Budget SEPT 27 (items due 9/16 at noon) 1) 2n Reading — Adoption of final mileage rate 2) 2nd Reading —Adoption of 2010/2011 Budget OCT 4 (items due 9/23 at noon) - CANCEL OCT 18 (items due 10/7 at noon) NOV 1 (items due 10/21 at noon) - CANCEL NOV 15 (items due 11/4 at noon) DEC 6 (items due 11/24 at noon) — CANCEL DEC 13 (items due 12/2 at noon) F: \Council Agenda's \Tentative Agenda List\2010\08- 16- 10.docx