08-16-2010 - Workshop/Regular
A BUDGET WORKSHOP WILL BE HELD AT 5:00 P.M., PRIOR TO THE REGULAR
COUNCIL MEETING, IN COUNCIL CHAMBERS
Voting Order
Councilwoman Rhodes
Councilman Cooper
Mayor Thomas
Councilwoman Rogers
Councilwoman Bennington
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
August 16, 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
a. Regular Meeting - June 21, 2010
b. Executive Session-July 12,2010
c. Special Meeting-July 12,2010
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TIONS
a. Mayor Thomas to proclaim September 8, 2010 as Matthew Morris Day.
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. APPROV AL OR CHANGES/MODIFICATIONS TO THE AGENDA
6. CITY COUNCIL REPORTS
7. CONSENT AGENDA
All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon
by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the
Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered
separately.
a. Addendum #1 to the Professional Services Agreements with Quentin L. Hampton Associates,
Inc., B&H Consultants, Inc., CPH Engineers, Inc., and Tindale-Oliver & Associates, Inc. and
authorize the City Manager to execute the documents.
City Council Agenda
August 16,2010
Page-2-
8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS
a. 1st Reading - Ordinance No. 2010-0-13; Amending the Land Development Code by
enacting Article X (Boat Slip Allocations) (This item was continued from the July 19,2010
Meeting.)
b. 1st Reading - Ordinance No. 2010-0-18; Amending Article III, Section 21-37 (Special
ActivitylPermit Requirements) (This item was continued from the July 19,2010 Meeting)
c. 2nd 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. 1st Reading - Ordinance No. 2010-0-16; Establishing policy to temporarily reduce impact
fees for non-residential properties.
e. 1st Reading - Ordinance No. 2010-0-17; Establishing policy to temporarily defer applicable
Sidewalk, Fire/EMS, Police and Transportation/Road Impact Fees.
f. 1st Reading - Ordinance No. 2010-0-19; Declaring a Moratorium as to the filing and/or
receiving of any application or petition for the establishment of "Pain Clinics" for a period of
one year.
g. Special Activity Permit; Jamfest Production LLC requesting a Special Activity Permit for a
concert at the Edgewater Ranch, located at 3800 Indian River Boulevard on October 16,
2010.
9. BOARD APPOINTMENTS
a. General Employee's Pension Board of Trustees; Affirmation of the City Manager's
appointment of John Brackin.
10. OTHER BUSINESS
a. Request for consideration in reducing impact fees for an addition of 2,500 square feet of
office and 3,100 square feet of storage units totaling 5,600 square feet at U-Sto-It, located at
3725 US Highway 1.
b. The Southeast V olusia Chamber of Commerce requesting approval for the serving of beer
and wine on City property during the Grand Opening of the Southeast Volusia Chamber -
Edgewater Branch.
II. OFFICER REPORTS
a. City Clerk
b. City Attorney
c. City Manager
12. CITIZEN COMMENTS
13. ADJOURN
PlIrsllant to Chapter 286. F.s.. if an individllal decides to appeal any decision made with respect to any mailer considered a/ a
meeting or hearing. /hat individllal wil/need a record of /he proceedings and wil/need /0 ensllre 1/10/ a verbatim record of /he proceedings is
made. The Ci/y does no/ prepare or provide sllch record.
In accordance with /he Americans with Disabili/ies Ac/, persons needing assistance /0 par/icipa/e in any of/hese proceedings shollld
contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewa/er. Florida. /elephone nllmber 386-424-2400 x 1101, 5 days prior /0 /he
mee/ing date. Ifyoll are hearing or voice impaired. con/act/he relay opera/or a/ 1-800-955-8771.
fa.
AGENDA REQUEST
CA. #2010-083
Date: August 5. 2010
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
August 16. 20 I 0
OTHER
BUSINESS
ITEM DESCRIPTION:
Addendum Number 1 - Engineering Contracts:
Quentin L. Hampton Associates, Inc., B&H Consultants,
Inc., CPH Engineers, Inc., & Tindale-Oliver & Associates,
Inc.
BACKGROUND:
In 2007, the City went out for proposals for engineering services and on August 13,2007 entered into contracts with
Quentin L. Hampton Associates, Inc., B&H Consultants, Inc., CPH Engineers, Inc., and Tindale-Oliver & Associates,
Inc. for engineering services. The initial term of agreement was for a three (3) year period with an additional renewal
option for three (3) additional terms of one (1) year each.
The initial agreement shall expire on August 13, 2010 and all parties wish to utilize the renewal option to extend the
current contract by one (1) year from August 13,2010 through and until August 13,2011.
Execution of the attached Addendum #1 for each engineering firm shall only extend the term of contract for the one
(1) year period with all other terms of the August 13,2007 agreement remaining the same.
STAFF RECOMMENDATION:
Staff recommends that the City Council consider approval of Addendum #1 to the Professional Services Agreements
with Quentin L. Hampton Associates, Inc., B&H Consultants, Inc., CPH Engineers, Inc., and Tindale-Oliver &
Associates, Inc.
ACTION REQUESTED:
Motion to approve Addendum #1 to the Professional Services Agreements with Quentin L. Hampton Associates, Inc.,
B&H Consultants, Inc., CPH Engineers, Inc., and Tindale-Oliver & Associates, Inc. and authorize the City Manager
to execute the documents.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES
NO
PREVIOUS AGENDA ITEM:
YES
NO
If so, DATE:
AGENDA ITEM #
Respectfully submitted,
Concurrence:
~
Robin L. Matusick
Paralegal
ADDENDUM NUMBER 1
TO THE PROFESSIONAL SERVICES AGREEMENT
ENGINEERING SERVICES
BETWEEN THE
CITY OF EDGEW ATER AND
QUENTIN L. HAMPTON ASSOCIATES, INC.
By Agreement made and entered into this day of , 2010, by and
between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as"CITY") and
QUENTIN L. HAMPTON ASSOCIATES, INC., (hereinafter referred to as "Engineer").
WITNESSETH
The CITY and Engineer mutually agree to amend that certain Agreement between the
CITY and Engineer made and entered into on August 13, 2007 as follows:
1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT
by electing to renew the contract for an additional term of one (1) year. Thereby extending
the current contract from August 13,2010 through and until August 13,2011.
2) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and
year written above.
WITNESSES:
CITY OF EDGEW A TER, FLORIDA
By:
Tracey T. Barlow
City Manager
Dated:
WITNESSES:
QUENTIN L. HAMPTON ASSOCIATES,
INC.
David A. King, P .E.
Vice-President
Dated:
(Agreement\Engineers-QLH-Addendum#1-20 10)
ADDENDUM NUMBER 1
TO THE PROFESSIONAL SERVICES AGREEMENT
ENGINEERING SERVICES
BETWEEN THE
CITY OF EDGEW ATER AND
TINDALE-OLIVER & ASSOCIATES, INC.
By Agreement made and entered into this day of ,2010, by and
between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as"CITY") and
TIN DALE-OLIVER & ASSOCIATES, INC., (hereinafter referred to as "Engineer").
WITNESSETH
The CITY and Engineer mutually agree to amend that certain Agreement between the
CITY and Engineer made and entered into on August 13, 2007 as follows:
1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT
by electing to renew the contract for an additional term of one (I) year. Thereby extending
the current contract from August 13,2010 through and until August 13,2011.
2) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and
year written above.
WITNESSES:
CITY OF EDGEW A TER, FLORIDA
By:
Tracey T. Barlow
City Manager
Dated:
WITNESSES:
TINDALE-OLIVER & ASSOCIATES,
INC.
Steven A. Tindale, P.E., AICP
President
Dated:
(Agreement\Engineers- Tindale-Oliver-Addendum# 1-20 1 0)
ADDENDUM NUMBER 1
TO THE PROFESSIONAL SERVICES AGREEMENT
ENGINEERING SERVICES
BETWEEN THE
CITY OF EDGEWATERAND
CPH ENGINEERS, INC.
By Agreement made and entered into this day of , 2010, by and
between the CITY OF EDGEW ATER, FLORIDA (hereinafter referred to as"CITY") and CPH
ENGINEERS, INC., (hereinafter referred to as "Engineer").
WITNESSETH
The CITY and Engineer mutually agree to amend that certain Agreement between the
CITY and Engineer made and entered into on August 13, 2007 as follows:
1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT
by electing to renew the contract for an additional term of one (1) year. Thereby extending
the current contract from August 13,2010 through and until August 13,2011.
2) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and
year written above.
WITNESSES:
CITY OF EDGEW ATER, FLORIDA
By:
Tracey T. Barlow
City Manager
Dated:
WITNESSES:
CHP ENGINEERS, INC.
Lawrence J. Morey, Jr., P.E.
Vice-President
Dated:
(Agreement\Engineers-CPH-Addendum#I-2010)
ADDENDUM NUMBER 1
TO THE PROFESSIONAL SERVICES AGREEMENT
ENGINEERING SERVICES
BETWEEN THE
CITY OF EDGEW ATER AND
B & H CONSULTANTS, INC.
By Agreement made and entered into this day of ,2010, by and
between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as"CITY") and B & H
CONSULTANTS, INC., (hereinafter referred to as "Engineer").
WITNESSETH
The CITY and Engineer mutually agree to amend that certain Agreement between the
CITY and Engineer made and entered into on August 13, 2007 as follows:
1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT
by electing to renew the contract for an additional term of one (1) year. Thereby extending
the current contract from August 13,2010 through and until August 13,2011.
2) The parties acknowledge that all other terms, provisions and conditions of the original
Agreement are republished, ratified and reaffirmed by the parties hereto.
IN WITNESS HEREOF the parties have made and executed this Addendum the day and
year written above.
WITNESSES:
CITY OF EDGEW ATER, FLORIDA
By:
Tracey T. Barlow
City Manager
Dated:
WITNESSES:
B & H CONSULTANTS,INC.
James W. Shira, P .E.
Vice-President
Dated:
(Agreement\Engineers-B&H-Addendum# 1-20 1 0)
~o..
AGENDA REQUEST
C.A. #201O-TA-1003
Date: August 5, 2010
PUBLIC
HEARING August 16,2010 RESOLUTION
ORDINANCE
x
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 sl Reading - Ordinance No. 2010-0-13
Amending the City of Edgewater Land
Development Code (LDC) to enact Article
X (Boat Slip Allocation)
APPLICANT/AGENT: City of Edgewater
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 V olusia 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:
YESA..
NO
Ifso, DATE: July 19,2010
AGENDA ITEM #...8.Q
Concurrence:
~'")~----'~~D
Robin L. Matusick
Paralegal
ORDINANCE NO. 2010-0-13
AN ORDINANCE OF THE CITY OF EDGEW ATER,
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 V olusia 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 ofthe 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.
1
Strike through passages are deleted.
Underlined passages are added.
#2010-0-13
PARTB.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby
superseded by this ordinance to the extent of such conflict.
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
Strike through passages are deleted.
Underlined passages are added.
#2010-0-13
PART F.
ADOPTION.
After Motion to continue until the August 16, 2010 Council meeting by Councilwoman
Rhodes with Second by Councilman Cooper, the vote on the first reading ofthis ordinance held on
July 19, 2010, was as follows:
AYE
NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
ABSENT
Councilwoman Gigi Bennington
ABSENT
Councilwoman Harriet B. Rhodes
x
Councilman Ted Cooper
x
After Motion to approve by
with Second by
the vote on the first reading 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
Strike through passages are deleted.
Underlined passages are added.
#2010-0-13
After Motion to approve by
with Second by
the vote on the second reading/public hearing of this ordinance held on September 13, 2010, was
as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
PASSED AND DULY ADOPTED this
day of
,2010.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Wenzel
City Clerk
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
Approved by the City Council of the City of
Edgewater at a meeting held on this 13th day of
September, 2010 under Agenda Item No._.
4
Strike through passages are deleted.
Underlined passages are added.
#2010-0-13
Exhibit "A"
Article X
Boat Slip Allocation
5
Strike through passages are deleted.
Underlined passages are added.
#2010-0-13
ARTI CLE X
BOAT SLIP ALLOCATION
SECTI ON 21-110 -PURPOSE ................................................................................................. X-I
SECTION 21-111- DEFINITIONS ......................................................................................... X-I
SECTI ON 21-112 - PR OCED URES ....................................................................................... 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
SECT] ON 21-113- FEES .......................................................................................................... X-S
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 V olusia County Manatee Protection Plan.
(b) The City of Edgewater Comprehensive Plan. Future Land Use Element. Objective 1.2:
Natural Resource Protection. Policies 1.2.12 - 1.2.17 in accordance with the V olusia County
Manatee Protection Plan and City of Edgewater Resolution No. 2005-R-l L 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 of
property owners.
Sec.21.111 - DEFINITIONS
(a) Boat trailer soace - 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 slio - Any slip. other than a Single-Family Residential Slip/Dock.
(c) Dry dock/storaf!e - 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 slio/excess boat slio 0001. Any slip that has not been previously allocated for
single-family residential purposes or allocated for existing non-residential slips and is
X-I
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 parcels 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) Slio or boat slio. Any space located on, adiacent 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 space designated exclusively for the mooring or
storage of sailboats, and excludes any space 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) Slio 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) Slio 0001 or excess boat slios 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.
Sec. 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-familv residential parcel shall have the right to and be allocated no more
than one boat slip without applying for excess slip(s). Single-familv 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 previous Iv deducted from the slip pool and shall not be
further deducted from said slip total. However. if a single-family parcel
previouslv 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-familv residences mav iointly construct and maintain a dock. subiect to
compliance with applicable provisions of State law and Chapter 18-21.004(4)( c),
Fla. Admin. Code (2009). or as that section mav 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 applving
for excess slip(s).
(b) Non-single 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 proiect.
(d) Availability. Slips shall be allocated on a "first come. first served" basis.
Sec. 21.112.02 - Criteria
The Citv Council shall evaluate the number of excess slips remammg In the City's
inventory and allocate the excess slips based on a finding of net public benefit to be derived from
the proiect. The finding of net public benefit shall be based on the effect the proiect 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 proiect that will be made available for purchase,
lease or use by the general 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 general public.
G) Financial contribution toward a proiect as described above or any public proiect that
will enhance public use of and access to the waterway. and riparian lands within the
City.
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 (IS)
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 to
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 approved reserved slips. Reserved boat slips may be
extended for a period of one (1) year administratively by 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 V olusia 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 1 sl of each
year from the time of permit 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
City of Edgewater 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 property, and may be compounded annually, that the excess boat
slip is assigned to.
X-6
8b
AGENDA REQUEST
c.A. #2010- T A-I002
Date: August 5, 2010
PUBLIC
HEARING August 16. 2010
RESOLUTION
ORDINANCE
x
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 sl Reading - Ordinance No. 2010-0-18
Amendment to the City of Edgewater Land
Development Code, Article III, Section 21-
37 - Special ActivitylPermit Requirements
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION:
Approve the Land Development Code (LDC) text amendments to Article III proposing modifications
to Section 21-37 - Special ActivitylPermit Requirements.
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) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES
NO
PREVIOUS AGENDA ITEM:
YES-2L
NO
Ifso, DATE: July 19.2010
AGENDA ITEM # 8d
Concurrence:
~~)
Robin L. Matusick
Paralegal
Darren Lear
Development Services Director
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
(SPECIAL ACTIVITY/PERMIT 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 (Special Activity/Permit
Requirements) of Article III.
I
Strike 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 (SPECIAL
ACTIVITY/PERMIT REQUIREMENTS) OF THE CODE OF
ORDINANCES, CITY OF EDGEW ATER, 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 (Special Activity/Permit 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.
This ordinance was scheduled to be heard during the July 19,2010 Council meeting but
was pulled from the agenda.
After Motion to approve by
and Second by
, the
vote on the first reading 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
After Motion to approve by
and Second by
, the
vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
3
Strike through passages are deleted.
Underlined passages are added.
#2010-0-18
PASSED AND DULY ADOPTED this 13th day of September, 2010.
ATTEST:
Bonnie Wenzel
City Clerk
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
Approved by the City Council of the City of
Edgewater at a meeting held on this 13th day
of September, 2010 under Agenda Item No.
8
Strike through passages are deleted.
Underlined passages are added.
#2010-0-18
4
ARTICLE III
PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED USES
SECTION 21-30 - GENERAL PROVISIONS .................................................................... 111-1
21-30.01 - Purpose ................................................................................................................111-1
21-30.02 - District Boundaries ..............................................................................................111-1
21-30.03 - Application of Districts ....................................................................................... 111-2
21-30.04 - Official Zoning Map ............................................................................................ 111-2
21-30.05 - Comprehensive Plan Consistency ....................................................................... 111-3
SECTION 21-31 - COMPREHENSIVE PLAN RELATIONSHIP ................................... 111-3
SECTION 21-32 - ZONING DISTRICT DESCRIPTIONS............................................... 111-4
21-32.01 - Zoning District Descriptions ............................................................................... 111-4
SECTION 21-33 - USES AND RESTRICTIONS ............................................................... 111-6
21- 33.01 - Purpose.. ...... ................................... ......... ............ ...... ..... ....... .............................. 111-6
21- 33.02 - Permitted Uses..... ....... ............ .................................. ........... ................. ............... 111-6
21- 33.03 - Conditional Uses .............. ............. ...................... .... .............................. .............. 111-6
21- 33.04 - Accessory Uses.................................................................................................... 111-6
21- 33.05 - Table 111-3 ............................................................................................................ III - 7
SECTION 21-34 - SPECIAL USE REQUIREMENTS .................................................... 111-11
21-34.01 - Home Occupations ............................................................................................ III-II
21-34.02 - Community Residential Homes (CRH) ............................................................. 111-12
21-34.03 - Institutional Residential Homes (also referred to as ALF's)............................. 111-14
21-34.04 - Salvage Yards ....................................................................................................111-14
21-34.05 - Refuse and Dumpsters ....................................................................................... III-IS
21-34.06 - Kennels .............................................................................................................. III-IS
21-34.07 - Mini-warehouses ...............................................................................................111-16
21-34.08 - Bed & Breakfasts............................................................................................... 111-17
21-34.09 - Nursing Homes .................................................................................................. 111-17
21-34.10 - Residential Professional Offices........................................................................ 111-17
SECTION 21-35 - PROHIBITED USES............................................................................ 111-18
21- 35.01 - Alcoholic Beverages........... .................. .................. .......... ....... ............ ...... ........ III -18
SECTION 21-36 - ACCESSORY USE REQUIREMENTS............................................. 111-19
21-36.01 - Purpose .............................................................................................................. 111-19
21-36.02 - General Regulations .......................................................................................... 111-19
21-36.03 - Outdoor Storage and Display: Commercial/Industrial...................................... 111-19
21-36.04 - Satellite Dishes and Antennas ........................................................................... 111-20
21-36.05 - Places of Worship - Schools/Child Care........................................................... III-21
21- 36.06 - Boathouses............ ............................................................................................. III -21
21-36.07 - Boat Docks and Slips......................................................................................... 111-22
21-36.08 - Boats as Dwelling Units .................................................................................... 111-22
21-36.09 - Canopies/Temporary Carports and Tents/Gazebos ........................................... III-22
21-36.10 - Swimming Pools................................................................................................ 111-23
SECTION 21-37 - SPECIAL ACTIVITYIPERMIT REQUIREMENTS....................... 111-26
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......... ......................... ......................... ....... ...... ................................. 111-29
SECTION 21-38 - FEN CES, WALLS and HEDGES ....................................................... 111-29
21- 38.0 I - Purpose................ ............. ..................... .... ...... ...... ............................................ 111-29
21- 38.02 - General Requirements......... ........... ........... ............. ........................................... III -29
21- 38.03 - Site Triangle Requirements...... .... ........... .................... ...................................... III- 30
Article III
-1I-
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 zomng 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) III-I
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;
e. 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;
1. 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 (LandDevelopmentCode) 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-I 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 111-4)
Rev 06/15/09 (LandDeveloprnentCode) 111-3
TABLE 111-1
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 1-1, 1-2, 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, 1-1, 1-2, 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 111-5)
Rev 06/15/09 (LandDevelopmentCode) 111-4
Zoning District Title Category 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. I acre lot.
SF Residential R-I 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 familv residential - (1.0 to 4.0 units/net acre) min. 8,625 lot.
MF Residential R-3, R-4 Medium density residential (4. I 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 passive 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 Y, Section 2 I -58 for details.
Residential Professional RP Intended for office professional along SR#442 and a rezoning must be
Office accompanied bv a site plan.
Mobile Home Park MH-I Medium density residential (5. I to 8.0 units/acre). Provide for mobile
home parks - min. 5 acre parcel (See Sec. 2 I -7 I 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 8-2 Intended for retail goods and services for frequent residential needs -
min. 10,000 sq. ft.
Public/Semi-Public P/SP Consists ofpublic 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 8-3 Intended for high volume highway related commercial uses - no min.
parcel size.
Tourist Commercial 8-4 Intended for short term waterfront accommodations for visitors and
accessory uses, mav include residential mixed use - min. 2 acres.
Business Planned Unit 8PUD Intended for mixed commercial and limited multifamily residential with a
Development single development plan - 15 acre min. parcel - Details in
Article Y, Section 21-58.
Light Industrial 1- I Intended for storage, light manufacturing, wholesaling and distribution
uses and adult entertainment - no min. parcel size.
Heavv 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 Y,
Section 2 I -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.
TABLE 111-2
ZONING DISTRICT DESCRIPTIONS
Rev 06115/09 (LandDevelopmentCode)
1II-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 (LandDevelopmentCode) 111-6
II')
e:
tf')
tf')
I
~
N
Z
o
-
E--
U
~
00
u u u u
u
u u u u u u u u u u
w
~
(J) U ~ U "- U "-
Q:;
Q
;:J U U U U U U U U U U U U U U U "- U U U u
e:
:1 "- u "- u "- "- "- <( "- <( "- U U U "- "- "-
. "- "- "- "- "- U "- "- "- "- <( U <( U U "- "- "-
@ U U U U U U U U U U U U U U
"-
C:Q
'" U "- U U <( "-
cO
'? "- u "- "- "- "- U "- "- "- "- U "- "- "-
C:Q
N "- U "- "- "- "- "- U "- "- U "-
cO
N
:i: u "- "-
:;
:i: u "- "-
:;
~ U "- U U
0::
Q
:=> U "- U U "- U U
~
III "- "- "-
a:
'" "- "- "-
a:
'? u "- "-
0::
N U "- "-
a:
a: u u "- "-
f- "- U U "- "-
0::
z: U U
U
" "- U "- "- "- "- "-
~
;;.. 8 a: r::: E E 0 00
f- e:!
;;: ~ ~ ~ :::
- E
~
6 '" ,? 8
~ c: '13 8 :;
0 8
0:: ] '" ~ g! ~ "0
U. "0 <(
0 .... E "0 .... :c '"
,~ ~ E '[q g! 8 u
W I '~ .... '" '" ~ '"
1'.! '" I <B :E :~
0:: e fa Ji Od .2 '[q c: ~
::;] u .... B ~ ~
:=> u u 1:) ~ '~ ~ u u ::;]
c: ~ a e '1: '" '13 C/)
ti E u <.l2 co 0; u i Od g! u '" :!:< '13 .~ '13
c: 0 fa '~ ~ 'Oil u u 0; g! "0 :.c u. :.c '" "0 '"
:=> 'Oil ::;] "0 "- 0:: C/) C/) fa ';;; u U u. a u.
t . fa u u u '" S e '" >-
19 u .!! .!! .!! .!! '" c: E
0:: u ~ ~ >< E a ~ ~ :2 '" ~ '" u I ,g 2
f- e 2 i.i: ::;] :r: ~ :.0 :.0 :.0 :.0 co '5 u "Ri ::;] .~ ~ ~ :; 0; Od
(J) UJ ~ :; 0 0 0 0 0; ~ E
:; t ,S: 0; c: u ,g c: E c: E Od co C/) "- ~ B 'Oil ~ .c '13 c:
W u 0 E ,~ c: '" <5 <5 ::;] u '': ~ u u
:; '~ ~ ,g u 1:) 0 0 'iil 'iil -'" E e "0
(J) ::;] e ~ :; :; :; :; "0 :; a ~ Vi a >
;:J "0 '.::( ;:;: ~ ::;] u as 0 0 u 0 i5 0
<( <( <( <( <( <( <( <( <( <( co co co u u u 0 i.i: 0 0
--
\0
o
>
<l)
0:::
00
~
00
~
.-
<
--
>
0:::
o
00
00
~
u
u
<00
~E--
Zu
~~~
=G~
- ---
~~~
~<,-,
~ZZ
<0-
E---Z
t:O
~N
Z
o
U
r-
a
~
~
--
~
~
E--
E--
~
~
~
-----.
<l)
"'0
o
u
E
<l)
E
0-
o
Q)
>
<l)
Cl
"'0
C
'"
.....l
'-"
0-
o
--
V)
,--..
"0
.......
C
0
u
.......,
00
~
00
~
,--..
<
.......,
~
et.:
0
00
00
~
U 00
trl U E--
~ M < U
M ~
M I Q
I - Z E--
~
N - < 00
- Z~.....:. -
Q
O...:lU Co-'
-~--
E--<...:l Z
UE--< -
~ Z Z
00 0 0
- N
E--
-
Q
Z
0
U
.....:.
~
--
Q
~
E--
E--
-
~
~
~
u u u u u u u u u u u u
u
u u u u u u u u u u u u u u u u U
loW
Q..
~ c.. c.. c.. c.. c.. c..
Q..
Q
;:;; U U U U U U U c.. U U U U U U u
e:
:1 u c.. c.. c.. c.. c.. c.. c.. c.. c.. U U c.. c.. U
. U U U c.. c.. c.. c.. U c.. U U U c.. c.. U
Q
;:;; U U U U U U U U U U U U U U U U U U U U
Q..
Q:l
.... <( c.. U c.. U <( U U U U
c6
...., c.. c.. c.. c.. c.. c.. c.. c.. U c.. c.. c.. U c.. c.. c.. c.. c.. c..
c6
M c.. c.. c.. U c.. c.. c.. U c.. c.. c.. c.. c.. c..
c6
M
:i: u c.. U U U U
:;
:i: c..
:;
~ U U U U u
8 u u u <( u u u u u u u
~
on U u
a: c..
.... c.. U u
a:
...., c.. U u
a:
M c.. U U u
a:
d: c.. u u
r- c.. u u u
~
z u
u
c.; c.. U U
<(
>- ~ V) 0; ~ E V) ;:;:;
r- ;:.; - ~
~
;;
6
<( 'E '" '"
~ '" '" "8 :€
0 '" e ~ 1'! ~ ... :~ ..c: .~
~ '" ~ -a u
~ 0 ~ ... ... 1:l VJ VJ
~ ~ c '0 t..L.
~ fr ... !E ,~ '"
"g '" "0 0 C '" E eo ,9 1:l ~
;:;; c :a -a .5 0 0 ... c ~ t..L. .;g '"
b t..L. ,9 ~ E ~ ~ ... .~ -a '" ~ 1:l g ..c: ..c: !E ~
VJ .3 '"
'" ~ ~ "0 -a ~ ... ,9 ~ ~ 0 "g
S ... ~ e 'E
;:;; '" '" eo OJ 0 .2 E 0 E -- E ,~ 3 3 '0
... 0 fe t..L.
~ ::; "il .~ ..t ..c: ~ ..c: 0 ... -a eo
u 0 0I:l ~ VJ '" ~ ~ 0 .0 :c UJ ci'i VJ C t..L. ~
r- ~ 8 0 I 1:) :c '" ~ ... ... 0
... ~ "0
VJ ~ '" OJ c ..s -a 0 8 8 -a 0 0 'v; ~
"il '" eo eo .!! c :c '"
~ ... c; ... c c :<: '" u .~ 8 '" '" ~
-'a E "il c 0 '1ij :a '2 :.0 ~ '~ "0 "0 0 1:l ~ 8
VJ 0 C .0 :3 '1ij g a ... 0 '5 '5 ~ "8 0
... 0 ... ~ ~ '" to '" '0; ...
;:;; :c :c :c :,G ..5 ~ ~ ~ ~ ~ ~ z z 0 0 ~ c.. c: c: c: e<: e<:
00
..l.
::::
~
Il)
"0
o
u
E
Il)
E
c-
o
a>
>
Il)
Q
"0
i:
<<:l
.....J
"-"
0-
o
---
II')
---
\0
o
>
Il)
0::
00
~
00
;::::l
.-
<
'-'
~
~
o
00
00
~
u
II) U
~~<
~ I Q
~.....z
N=:l<
Z~,-::
O~U
.....~'-'
~<~
~~~
00 0
.....
~
.....
Q
Z
o
U
.-
"'0
....
C
o
o
'-'
~
.-
~
'-'
Q
~
~
~
~
~
~
00
~
U
;:
~
00
.....
Q
Co-'
Z
.....
Z
o
N
u u u u u u u u U <C U U U U U
U
U U U U U U U <C U U U U U U
~
Q"
'" Q" <C Q" 0.. U u
Q:
Q
=:> u u u u U <C U U U U U U U u
::
:t u 0.. U U 0.. U <C U 0.. U 0.. 0.. 0.. 0..
. U 0.. U U 0.. <C U U 0.. U 0.. 0.. 0..
Q
=:> u u u u u u u u u u U <C U U U U U U U U U
Q"
i:Q
.". U <C U <C <C U U U 0.. U
=
.... 0.. 0- 0.. 0.. U <C 0.. 0.. 0.. 0- U 0.. U U 0..
=
N 0.. 0.. 0.. U <C 0- U U 0.. U 0.. 0..
= 0..
N
:i: <C 0.. <C <C <C U <C 0.. U
::;
-
:i: <C 0.. <C 0- 0.. U
::;
Q" U U U
a:
Q
::l U U U U U U U U U U <C U U U U U U
~
lfl 0- 0.. <C U
IX 0.. 0.. 0- 0.. 0.. 0- 0..
.". 0.. 0- 0.. 0.. 0.. 0.. 0.. <C 0- 0.. U
IX
.... 0- 0.. 0.. <C 0.. 0-
IX
N 0.. 0.. <C
IX 0.. 0.. 0..
IX 0.. 0.. 0.. <C 0.. 0..
f-o 0.. 0.. 0.. <C 0.. U U 0- U
a:
Z u
U
" 0.. 0.. 0.. <C 0- U 0.. 0.. U
<C
>- q 00 G ~ S ::0 ::0 N ~
f-o :::: ~ :::: :::: - -
~ ~ ~
;;
6 <t> <t> :::: "0
E <t>
E "
<C 0 0 a
:r: <t> :r: <t> ~ ~ 8
a: .~ E <;j B E .~ ~ ~ '1::
0 .. 0 " 0 ~ ~ .2
~ " :r: .9 ~ :r: ~ <;j '5 <t>
~ '" X .?; [.J.., " '"
c:.: E <t> .g 2 ~ " " .~ 0 E -'"
=:> '" '" E "9 .~ j5 ~ .9 .2 Vi u
~ t;; :; co <t> 2
tJ <t> 0 '" 0 " e .S! til ~ til 13 ~ '"
::J Cl ..s ~ ~ Vi Od '" <t> ~ 0 f-
U [.J.., 0 '" <t> :0 > C u
=:> '0 . I I I I I I <C <t> Vi "0 -5i '" J: <t> 'i: 'i: ~ Od ~
c:.: <;j '" l!l " a 0.. u <t> '" '" " ~
" [.J.., ~ ~ ~ ~ ~ ~ ~ <t> til 0
f-o .2 ~ 0 0 >- I I ~ .3 E " <t> 'in <t>
C C C C C C C E E tt '" <;j
'" 0; ] I co ~ ~ '" '" :; ~ Q '" <t>
~ <t> <t> <t> <t> <t> <t> <t> '" ~ "8 .~ 0 8 <t> <t> -'"
~ "0 "0 "0 "0 "0 "0 "0 ~ Od '" u u 0; -'" 0:; "0 u
<t> 'in 'in 'in 'in 'in 'in 'in '10 > 0:; :E <t> <t> U a <t>
'" U '" 0 > til .c: Q ~ <t> 2 ~ 3
=:> <t> ~ <t> ~ ~ <t> <t> <t> <t> <t> <;j c:; u ~ F= 3
c:.: 0:: 0:: 0:: 0:: 0:: 0:: 0:: 0:: '" '" '" C/) Ci5 Vi f-
--
\0
o
>
<l>
0:::
>>
""2
o
"'0
Q)
~
.@
Q)
0..
C/)
Q)
C/)
:::>
Cd
c
.9
......
ro
Q)
I-<
o
Q)
~
0\
I
a
,-.,
<l>
"0
o
U
C
<l>
E
0-
o
Q)
>
<l>
Cl
"0
t::
'"
.....l
'-'
......
.~
I-<
......
Ul
C;
00
c
.;::
o
N
c
.9
......
ro
Q)
I-<
o
Q)
~
I
~
-l<
0\
o
--
V)
TABLE 111-3 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.
I. See Satellite Dishes, Section 2 I -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 (LandDevelopmentCode) IlI-IO
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-I (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) III-II
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.
1. All home occupations shall be required to obtain a home business tax receipt pursuant to the
requirements of Chapter II 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 (LandDevelopmentCode) I1I-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.
1. 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-l, R-2, or R-3.
[See Chapter 419.001 F.S.]
Rev 06/15/09 (LandDevelopmentCode) 11I-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 recelvmg 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 recelvmg 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 1-2 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) 11I-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 ISO-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 often p.m. (10:00 p.m.) and six a.m. (6:00 a.m.) in non-residential properties which are
not within ISO-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 (LandDevelopmentCode) 11I-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 V olusia 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 (I) 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 (LandDevelopmentCode) 1II-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 space/bedroom, 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 I OO-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 often 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 (LandDevelopmentCode) 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-I.
1. 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: CommerciallIndustrial
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 III-3. Such outdoor storage or
Rev 06/15/09 (LandDevelopmentCode) 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 (LandDevelopmentCode) 11I-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-I, R-2, R-3, R-4 and R-5
districts.
a. Height oj 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/] 5/09 (LandDeve]opmentCode) 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- I, R-2, R-3, R-4 and R-5 residential districts.
e. Area oj 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 Vol usia 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 V olusia 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 - Canopiesffemporary 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 (LandDeveJopmentCode) 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 3116" 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
1. 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.
c. Structural Requirements
1. 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 comer 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.D.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/J 5/09 (LandDevelopmentCode) 111-24
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.
1. 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.
J. 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) I11-25
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 Councilor 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 IO-day period and two I-day charitable events/activity between the period of January
I st through June 30th; and
b. One IO-day period and two I-day charitable events/activity between the period of July 1st
through December 31 st.
c. The City Council may 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 I :00 p.m. to ~ 10:00 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. No special activity permit will be required for any event sponsored or co-
sponsored by the City if it is occurring on public property.
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 06115/09 (LandDevelopmentCode) 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 for those
events that exceed an anticipated attendance of 5,000 people. City staff will notify affected
property owners within 500-feet of the site requesting the special activity permit from City
Council 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 actlvIty 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 $200,000 500,000 if no
on-site alcohol consumption is proposed and $1,000,000 if on-site alcohol consumption is
permitted to indemnify and 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
Rev 06/15/09 (LandDevelopmentCode) 111-28
sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement
rides and public food preparation facilities.
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 II.
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
Rev 06/) 5/09 (LandDevelopmentCode) 111-29
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.
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.
l. 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.
l. 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 Y2') to ten feet (l0') 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.
Rev 06/15/09 (LandDevelopmentCode) 111-30
These regulations may also apply in commercial ingress and egress driveway areas if the
TRC determines that a safety hazard may exist.
(See Site Triangle Diagram on the following page)
[gJ L1t~E Of VISIBILITY
;~ 50' >r\
;'v, , I / J I ' /
. ,I J, / r
: \..( ~/ I~ ,,//1/' /;'
. "l ,,/ I ;... / /' /;
'~'/I///.i
',,(//i//
\..///~I/ /f
\(////
\l/I/.
'\.,l /.. / .I
'", " I"~ /'
'< ' .'
\//
\,( /
CORNER LOT v\:
Rev 06/] 5/09 (LandDeve]opmentCode) 111-31
/
,r
/
~
:J
ill
OJ
"
~.
u.
0
w
\ I Z
I J
[
\
'........
('
t,/ 11h'ISI~illlT'!' 1tll,',NGl[
ge,
AGENDA REQUEST
C.A. #2010-TA-I00l
Date: August 5, 2010
PUBLIC
HEARING August 16.2010 RESOLUTION
ORDINANCE
x
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2010-0-15
Amending Articles VI (Sign Regulations)
and XVIII (Indian River Blvd.-SR 442
Corridor Design Regulations) of the City
of Edgewater Land Development Code
(LDC).
APPLICANT/AGENT: City of Edgewater
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.
City Council voted to approve first reading on July 19, 2010 by a vote of 3-0.
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) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES
NO
PREVIOUS AGENDA ITEM:
If so, DATE: July 19.2010
YES~ NO
AGENDA ITEM # 8c
Concurrence:
~~,~~
Robin L. Matusick
Paralegal
ORDINANCE NO. 2010-0-15
AN ORDINANCE OF THE CITY OF EDGEW ATER,
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:
1
Strike tlHough 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 EDGEW ATER, 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
Strike through 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 Councilman Cooper and Second by Councilwoman Rhodes,
the vote on the first reading of this ordinance held on July 19, 2010, was as follows:
AYE
NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
ABSENT
Councilwoman Gigi Bennington
ABSENT
Councilwoman Harriet B. Rhodes
x
Councilman Ted Cooper
x
After Motion to approve by
and Second by
, the
vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
3
Strike through passages are deleted.
Underlined passages are added.
#2010-0-15
PASSED AND DULY ADOPTED this 16th day of August, 2010.
ATTEST:
Bonnie Wenzel
City Clerk
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of August, 2010 under Agenda Item No.
S
Strike through passages are deleted.
Underlined passages are added.
#2010-0-15
4
Strike through passages are deleted.
Underlined passages are added.
#2010-0-15
Exhibit" A"
ARTICLE VI
(SIGN REGULATIONS)
5
Exhibit "B"
ARTICLE XVIII
(INDIAN RIVER BOULEVARD - S.R. 442 CORRIDOR DESIGN REGULATIONS)
6
Strike through passages are deleted.
Underlined passages are added.
#2010-0-15
ARTICLE VI
SIGN REGULATIONS
SECTION 21-60 - GENERAL PRO VISIONS .................................................................... VI-l
21-60.01 - Purpose. .... ........ .......................... ............. ........ ............ ......... ................. ....... ....... VI-l
21-60.02 - General Provisions ....... ......... ..... .... ...... .... ........ ........... ......... ......... ....... ....... ........ VI-l
21-60.03 - Permits ..... ... ... .......... ......... ..... ......... ..... ............. ................ ........ .... ............ .... ...... VI - 2
21-60.04 - Prohibited Signs ....... ......... ..... .... ...... ....... ..... ..... ..... ..... ......... ..................... .......... VI-2
21-60.05 - Exemptions .. ........ ........ ........... ......... ........ .... .... ............... ............ ........ ... ... .... ...... VI - 3
21-60.06 - Variances.. .... ....................... ......... ............... ......... ............. ... ......... ...... ................ VI-4
SECTION 21-61 - ON-SITE SIGNS .................................................................................... VI-4
21-61.01 - Construction Signs ......... .... ........ ................ ........................ ............... ..... ....... ...... VI-4
21-61.02 - Development Signs ............................................................................................. VI-4
21-61.03 - Pole Signs............................................................................................................ VI-4
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 SI G NS .................................................................................. VI - 7
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-I0
21-64.01 - Amortization ... ......... ..... .......... ... .......... ........ ....... ...... ...... ........... .... ..... ........ ...... VI-1 0
21-64.02 - Removal............. ...... ..... ............. .......... ...................... ................ ..... ... ......... ...... VI -10
SECTION 21-65 - SIGN AGREEMENTS......................................................................... VI-l 0
21-65.01 - Agreement Process............... ....... .... ....... ................................... ............ ............ VI -10
21-65.02 - Agreement Criteria............................................................................................ VI-II
SECTIONS 21-66 THROUGH 21-69 RESERVED FOR FUTURE USE.
Article VI
-)-
Rev. 9-11-06 (Land Development Code)
ARTI CLE 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 Edge water 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 (LandDevelopmentCode)
VI-]
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:
1. 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.
c. 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 1.
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.
e. 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 (LandDevelopmentCode)
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 1 sl and
February 1 SI.
1. Works of art that do not include a commercial message.
J. 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 (l) 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)
VIA
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 often 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 ofa 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 (I) 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 (l ,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. 9-1 ] -06 (LandDevelopmentCode)
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 (I) 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 anyone 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. 9-1 ] -06 (LandDeveloprnentCode)
VI-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.
f. 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:
a. 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.
c. 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.
c. 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-IO
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 fi fty 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-II
ARTICLE XVIII
INDIAN RIVER BOULEVARD - S.R. 442 CORRIDOR DESIGN REGULATIONS
SECTION 21-410 - PURPOSE AND INTENT ...................................................XVIII-l
SECTION 21-420 - APPLICABILITY
21-420.01 - Indian River Boulevard Corridor Districts................................XVIII-I
21-420.02 - Primary And Other Streets ........................................................XVIII-2
21-420.03 - Comer 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
21-440.0 I - Building Orientation....... ................ ............. ......... .................. ...XVIII-7
21-440.02 - Primary Building Entrance........................................................ XVIII - 7
21-440.03 - Building Height And Transition................................................XVIII-8
21-440.04 - Fayade Treatments.. ............ ....... ..... ............. ......... ..... ........... .....XVIII-8
21-440.05 - Prohibited Fayade 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-I 0
21-440.10 - Building Color .........................................................................XVIII-II
21-440.11 - Multi-Building Complexes......................................................XVIII-11
Rev. 9-11-06 (Land Development Code)
Article XVIII
-1-
SECTION 21-450 - SI G NS ................................ .................................................. X V 111-12
2 I -450.0 I - Freestanding Signs ..................................................................XVIII- 12
2 I -450.02 - Ground Signs Required ...........................................................XVIII- 12
2 I -450.03 - Business Identification Signs ..................................................XVIII- 13
2 I -450.04 - Multi-Tenant Buildings ...........................................................XVIII- I 4
2 I -450.05 - Specialty Signs ........................................................................XVIII- I 4
2 I -450.06 - Signage Performance Standards ..............................................XVIII- I 4
21-450.07 - Exempted Signs .......................................................................XVIII- I 4
2 I -450.08 - Prohibited Signs... .... ....... ............... ...... ......... ....... ... ..... ......... ..XVIII - I 4
21-450.09 - Sign Illumination.....................................................................XVIII- I 4
2 I -450. I 0 - Prohibited Lighting .................................................................XVIII- 15
SECTION 21-460 - NONCONFORMING STRUCTURES............................XVIII-16
2 I -460.01 - Existing Nonconforming Structures .......................................XVIII-15
2 I -460.02 - Guidelines For Nonconforming Structures.............................XVIII-16
SECTION 21-470 -RESERVED
SECTION 21-480 -RESERVED
SECTION 21-490 -RESERVED
Rev 9- ] ] -06(LandDevelopmentCode)
XVIlI-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 lntersectinf! Street lntersectinf! Street
The West Parkway Interstate 95 Pinedale Road
District
The Shores District Pinedale Road India Palm Drive
The East Village District India Palm Drive Riverside Drive
Rev. 9-11-06 (Land Development Code)
XVIII-I
21-420.02 - Primary And Other Streets
The following major streets that intersect Indian River Boulevard shall be considered as
Primary and Other Streets:
Prima
Prim
Prim
Prima
Other
Old Mission Road
Air Park Road
U.S. Hi wa 1
Riverside Drive
All other streets
Number of feet from
intersection that these
regulations shall be
applicable along these
roads.
500
500
500
500
100
Street Type
Intersecting Street
21-420.03 - Corner Lots/Parcels
Comer 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 comer lots or comer 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-II-06(LandDevelopmentCode)
XVIII-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-II-06(LandDevelopmentCode)
XVIII-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 (3'12) feet from the front end of the parking
space to prevent encroachment into required landscape areas. Wheel stops shall not bev
Rev 9-II-06(LandDevelopmentCode)
XVIII-4
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-II-06(LandDevelopmentCode)
XVIII-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 (3D")
in height and shall be planted thirty inches (3D") 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:
I. 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 (I) 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)
XVIII-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 fayades 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 fayade(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-II-06(LandDevelopmentCode)
XVIII-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 fayade that is no more than the average height of the
adjacent buildings.
21-440.04 - Fa~ade Treatments
Fayade 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 fayade that are compatible with the
style are required. These elements must be integrated with the massing and scale of the
buildings.
Building walls and fayade 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 fayade:
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 fayade;
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 fayade that are compatible with each other and the style of the
building are encouraged but not sufficient to break up the mass of the fayade.
Rev 9-II-06(LandDevelopmentCode)
XVIII-8
21-440.05 - Prohibited Fa~ade Treatments
The following treatments or features are prohibited on any fa<;ade 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 fa<;ade. 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 fa<;ade. 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-fa<;ade walls.
c. Prohibited Materials. No exterior wall shall be covered with the following
materials:
Rev 9-11-06(LandDevelopmentCode)
XVlIl-9
1. 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-II-06(LandDevelopmentCode)
XVIII-I 0
21-440.10 - Building Color
Simple color schemes are encouraged. As a general rule, building fa~ade 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 Faf;ade. Building trim and accent areas may feature any color, limited to
ten percent (10%) of the affected fa~ade 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 Faf;ade. All exterior fa~ade of an out-parcel building must be
considered primary fa~ade 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 fa~ade 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 fa~ade. 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-II-06(LandDevelopmentCode) XVIII-II
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.
I . 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').
c. 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-II-06(LandDevelopmentCode)
XVIII-I 2
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), projectinglhanging 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 fa~ade. 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 fa~ade and not perpendicular to the wall.
b. Projecting/Hanging Signs. Projectinglhanging 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 permitted 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-II-06(LandDevelopmentCode)
XVII\-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.
I. 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 (I) 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 (I) 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, bench signs, 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 benches, trash containers and fences. Bench signs are prohibited
Rev 9-II-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) mill i-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-II-06(LandDevelopmentCode)
XVIII-IS
conform with all the provisions of these regulations may remain and be continued subject
to the following regulations.
I. 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-II-06(LandDevelopmentCode)
XVIII-I 6
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-II-06(LandDevelopmentCode)
XVIII-17
8d
AGENDA REQUEST
C.A. #2010-078
Date: August 3. 2010
PUBLIC
HEARING
BOARD
APPOINTMENT
ITEM DESCRIPTION:
RESOLUTION
ORDINANCE August 16.2010
OTHER
BUSINESS
CONSENT
First Reading 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 I-year.
During the June 21, 2010 and the July 8, 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 Ordinance at
the August 16, 2010 meeting.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve Ordinance 2010-0-16.
ACTION REQUESTED:
Motion to approve Ordinance 2010-0-16.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES NO
PREVIOUS AGENDA ITEM:
If so, DATE: June 21. 2010 & July 19.2010
Respectfully submitted,
YES~
NO
AGENDA ITEM # 10d & lOa
Concurrence:
~~
Robin L. Matusick
Paralegal
ORDINANCE NO. 2010-0-16
AN ORDINANCE OF THE CITY OF EDGEW ATER
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/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 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
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
1
Strike through passages are deleted.
Underlined passages are added.
#2010-0-16
PART A.
EST ABLISHING 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 upon 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. The City will record a lien against
to the real property that the project is associated with equal to the sum total of the impact fees
that had received the reduction based on the number of jobs created. 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 appropriately adjusted reduced impact fee shall become immediately due and payable
dating back to the date the adjusted fees would have been assessed. Once the adjusted impact
fees are satisfied, the City will release the liens associated with the reduced portion of the impact
fees.
Section 4. Any person or entity seeking a reduction in impact fees as described
herein shall file with the City an application 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 jobs 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 jobs 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 jobs which are indeed
retained for the entire 12 month period. The required timeframes may only be extended by the
2
Strike through 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.
repealed.
All resolutions or parts of resolutions in conflict herewith are hereby
Section 8. 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.
3
Strike through passages are deleted.
Underlined passages are added.
#2010-0-16
PART D.
EFFECTIVE DATE/TERMINATION DATE.
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 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
After Motion to approve by
with Second by
the vote on the second reading/public hearing of this ordinance held on September 20, 2010, was
as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
4
Strike through passages are deleted.
Underlined passages are added.
#2010-0-16
PASSED AND DULY ADOPTED this 20th day of September, 2010.
ATTEST:
Bonnie Wenzel
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims,Wolfe, Ansay,
Kundid & Birch
Strike through passages are deleted.
Underlined passages are added.
#2010-0-16
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th day
of September, 2010 under Agenda Item No.
5
8e.,
AGENDA REQUEST
C.A. #2010-079
Date: August 3. 2010
PUBLIC
HEARING
BOARD
APPOINTMENT
ITEM DESCRIPTION:
RESOLUTION
ORDINANCE August 16.2010
OTHER
BUSINESS
CONSENT
First Reading 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 and the July 19,2010 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 Ordinance at
the August 16,2010 meeting.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve Ordinance 2010-0-17.
ACTION REQUESTED:
Motion to approve Ordinance 2010-0-17.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES NO
PREVIOUS AGENDA ITEM:
Ifso, DATE: June 21. 2010 & July 19.2010
Respectfully submitted,
YES X
NO
AGENDA ITEM # 10 e & lOb
Concurrence:
~~
Robin L. Matusick
Paralegal
ORDINANCE NO. 2010-0-17
AN ORDINANCE OF THE CITY OF EDGEW A TER
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
Edgewater, Florida:
1
Strike through passages are deleted.
Underlined passages are added.
#2010-0-17
PART A.
ESTABLISHING POLICY TO TEMPORARILY DEFER
APPLICABLE SIDEW ALK, 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 to one (1) year from
the date of completion of construction. 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.
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. The City will record a lien against to the real property
that the project is associated with equal to the amount of the deferred impact fees.
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 one (1) year from the date of completion of
construction. Once the deferred impact fees are satisfied, the City will release the liens associated
with the deferred portion of the impact fees.
Section 5.
repealed.
All resolutions or parts of resolutions III conflict herewith are hereby
Section 6. This resolution shall become effective immediately upon adoption and
shall expire on September 30,2011.
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.
PARTB.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this
2
Strike through passages are deleted.
Underlined passages are added.
#2010-0-17
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 16,2010, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
3
Strike throl:lgh passages are deleted.
Underlined passages are added.
#2010-0-17
After Motion to approve by
with Second by
the vote on the second reading/public hearing of this ordinance held on September 20, 2010, was
as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
AYE
NAY
PASSED AND DULY ADOPTED this 20th day of September, 2010.
ATTEST:
Bonnie Wenzel
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims,Wolfe, Ansay,
Kundid & Birch
Strike through passages are deleted.
Underlined passages are added.
#2010-0-17
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th day
of September, 2010 under Agenda Item No.
4
~f
AGENDA REQUEST
C.A. #2010-082
Date: August 3. 2010
PUBLIC
HEARING
BOARD
APPOINTMENT
ITEM DESCRIPTION:
RESOLUTION
CONSENT
Emergency Ordinance #2010-0-19 -
Declaring a moratorium as to the filing and/or receiving of any
application or petition for the establishment of "Pain Clinics" for a
period of one (1) year.
BACKGROUND:
Based on recent activities in south Florida regarding the proliferation of pain clinics and their migration northward
within our state, it has caused local concern for the public health, safety and welfare of our citizens. The City of
Edgewater is concerned about the increase in the number of individuals interested in opening pain clinics, also known
as pain management clinics.
These pain clinics commonly provide "treatment" via the dispensing of controlled substance such as
OxyContin/Oxycodone to people dealing with alleged chronic nonmalignant pain. The proliferation of these clinics in
other areas have become such a problem that some reports indicate that Broward County had increased in number of
pain clinics from 4 to 176 in just two years. It also showed that 9 million dose units of Oxycodone were dispensed
every 6 months in south Florida.
As a result, the southern cities have also experienced numerous occurrences of criminal activity related to the
improper distribution of narcotics, higher number of deaths associated with overdoses related to these drugs. These
"clinics" have also been known to distribute to people from out of the state and those not legitimately in need of
medication for legitimate medical reasons.
This moratorium is recommended to become effective immediately and would be in effect for a period of one (1)
year. The one year period will allow for the State Legislature to take action on regulating these types of businesses to
address public health, safety and welfare of our citizens. It will also allow for the staff to analyze and review the
effectiveness of its codes to determine whether additional standards to the City's land development regulations for the
safety and protection of our citizens. The moratorium is not intended to interfere with legitimate medical offices
whereas the physicians are legally dispensing controlled substances for legitimate medical treatments and/or injuries.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve Ordinance 2010-0-19.
ACTION REQUESTED:
Motion to approve Ordinance 2010-0-19.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES
NO
PREVIOUS AGENDA ITEM:
YES
NO X
If so, DATE:
N/A
AGENDA ITEM #
Respectfully submitted,
Concurrence:
~~
Robin L. Matusick
Paralegal
ORDINANCE NO. 2010-0-19
AN EMERGENCY ORDINANCE OF THE CITY OF
EDGEW ATER, FLORIDA, DECLARING A MORATORIUM
AS TO THE FILING AND/OR RECEIVING OF ANY
APPLICATION OR PETITION FOR THE
ESTABLISHMENT OF "PAIN CLINICS" AND "PAIN
MANAGEMENT CLINICS" FOR A PERIOD OF ONE (1)
YEAR; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE AND
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Pursuant to Article VII, Section 2 of the Florida Constitution and Chapter 166 of
the Florida Statutes, the City of Edgewater is authorized and required to protect the public health,
safety and welfare of its citizens and has the power and authority to enact regulations for valid
governmental purposes that are not inconsistent with general or special law.
2. The public health, safety and welfare is a legitimate public purpose of the City of
Edgewater.
3. The City of Edgewater is concerned about an increase in the number of
individuals interested in opening "pain clinics" and "pain management clinics" in the City.
4. On November 19, 2009, the Broward County Grand Jury issued an interim report
entitled "The Proliferation of Pain Clinics in South Florida" after an investigation and review of
the "Pill Mill" proliferation in South Florida and the effect on Broward County as a major source
of Oxycodone, a controlled substance.
1
Strike through passages are deleted.
Underlined passages are added.
#2010-0-19
5. The Grand Jury found that the number of pain clinics increased from 4 to 176 in
two years in South Florida and that 9 million dose units of Oxycodone was dispensed every 6
months.
6. The Grand Jury recommended that the State prescription drug monitoring
program be swiftly implemented and adequately funded, as of the time of the Grand Jury report
the program had not been funded by the State.
7. The Grand Jury found that in the State of Florida in 2006 there were 2,780 lethal
dose reports of prescription drugs, in 2007 there were 3,317 lethal dose reports of prescription
drugs, in 2008 there were 3,750 lethal dose reports of prescription drugs and in 2008 an
additional 6,286 reports of non-lethal prescription drugs detected in deceased persons that may
have been found in combination with other substances to be lethal.
8. The Grand Jury found that burglaries and robberies in the areas where pain clinics
are located have increased; drug trafficking in prescription drugs and street level sales of
prescription drugs have increased; and identity theft and organized criminal activities have
increased.
9. Many other cities and counties throughout Florida have enacted or are enacting
moratoria pertaining to pain management clinics; consequently, the number of jurisdictions
available for opening pain management clinics is limited, leaving the City a likely choice for the
location of pain management clinics.
10. It is not the intent of this moratorium to interfere with legitimate medical clinics
nor the legal use of controlled substances.
2
Strike through passages are deleted.
Underlined passages are added.
#2010-0-19
11. The Florida Legislature in 2010 passed Senate Bill 2272 to provide more
regulatory control over pain management clinics via amendments to Section 893.055, Florida
Statutes, known as "Prescription Drug Monitoring Program."
12. The regulations as contained in Senate Bill 2272 regulating pain clinics will not
take full effect until December 1, 2010.
13. Chapter 2009-198, Laws of Florida, recognIzes mismanaged or fraudulently
maintained pain clinics can inflict incalculable damages to local communities and the state as a
whole in the form of lost lives, increased crime, human misery from addiction, ballooning health
care costs and Medicare fraud.
14. The City Council desires the opportunity to review its codes and Senate Bill 2272
to determine the effectiveness of such regulations and whether amendments should be made to
the City's codes and regulations to address public health, safety and welfare concerns associated
with the opening of pain management clinics.
15. The City Council hereby directs its staff to analyze the effects and potential
effects of pain management clinics in the City to determine whether additional standards to the
City's land development regulations are necessary to maintain public health, safety and welfare.
16. The City Council hereby directs its staff to evaluate the process for the issuance of
development permits, business licenses or other approvals regulating the sanctioning of pain
management clinics within the City to determine whether changes are necessary to assure public
health, safety and welfare are not jeopardized by the opening of pain management clinics.
17. To provide the City staff with sufficient time to complete the analyses directed
herein, it is necessary to declare a moratorium on the filing and/or receiving of applications or
petitions for the establishment of pain management clinics.
3
Strike through passages are deleted.
Underlined passages are added.
#2010-0-19
18. The City of Edgewater believes that by establishing a moratorium for a period of
one (1) year, the City will have the opportunity to research and study various regulatory options
to better deal with "pain clinics" and "pain management clinics."
19. The City Council finds it is in the best interest of the citizens of the City of
Edgewater to minimize and control the adverse effects of pain clinics and thereby protect the
health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve
the quality of life and preserve property values by adopting appropriate regulations regulating
thereto.
NOW, THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
SECTION 1. DEFINITION.
For the purposes of this ordinance, "pain clinic" and "pain management clinic" are
defined as follows:
A privately owned pain-management clinic, facility or office which advertises in
any medium for any type of pain-management services, or employs a physician who is primarily
engaged in the treatment of pain by prescribing or dispensing controlled substance medications,
and is required to register with the Florida Department of Health pursuant to Section 458.309 or
Section 459.005, Florida Statutes (2009). A physician is primarily engaged in the treatment of
pain by prescribing or dispensing controlled substance medications when the majority of the
patients seen are prescribed or dispensed controlled substance medications for the treatment of
chronic nonmalignant pain. Chronic nonmalignant pain is pain unrelated to cancer, which
persists beyond the usual course of the disease or the injury that is the cause of the pain for more
than 90 days after surgery.
4
Strike through passages are deleted.
Underlined passages are added.
#2010-0-19
SECTION 2. MORATORIUM.
A moratorium on the submission, processmg and issuance of business tax receipts,
certificates of use, development permits, development orders or other permits or approvals for
the operation of pain clinics and pain management clinics, as defined herein, is hereby
established for a period of one (1) year from the effective date of this ordinance to research the
nature and scope of possible measures of mitigation and regulation of pain clinics and pain
management clinics.
SECTION 3. EXISTING BUSINESSES.
This moratorium shall not affect any business currently operating within the City of
Edgewater pursuant to a validly issued business tax receipt and certificate of use as long as the
business and property are in compliance with all applicable, local, county, state and federal laws.
SECTION 4. NEW BUSINESSES.
Applications for business tax receipts, certificates of use, development permits,
development orders or other permits for approvals for the operation of pain clinics and pain
management clinics, as defined herein, received after the date of advertisement of the reading of
this ordinance shall be held in abeyance until the conclusion of the moratorium period.
SECTION 5. RENEWALS.
The Director of Development Services, or his designee, is authorized to renew the
business tax receipt, certificate of use, development permit, development order or other permit or
approval of any existing business affected by this moratorium in the event of expiration before
the conclusion of this moratorium, upon a finding that the business has taken adequate
precautions to mitigate the potential for abuse of prescription drugs.
5
Strike through passages are deleted.
Underlined passages are added.
#2010-0-19
SECTION 6. REPEAL.
This Ordinance shall stand repealed as of the date of adoption by the City Council of
newly proposed land use regulations governing pain management clinics or one (1) year after the
adoption of this emergency ordinance, whichever date first occurs.
SECTION 7. BOUNDARIES.
This Ordinance shall be applicable to all properties located within the boundaries of the
City of Edgewater.
SECTION 8. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this
ordinance, are hereby superseded by this ordinance to the extent of such conflict.
SECTION 9. 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.
SECTION 10. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
6
Strike thmugh passages are deleted.
Underlined passages are added.
#2010-0-19
SECTION 9. ADOPTION.
After Motion to approve by
and Second by
the
vote on the first reading of this ordinance held on
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
,2010, was as follows:
AYE
NAY
day of
,2010.
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims, Wolfe, Ansay,
Kundid & Birch
Approved by the City Council of the City of
Edgewater at a meeting held on this _ day
of , 2010 under Agenda
Item No.8
Strike through passages are deleted.
Underlined passages are added.
#2010-0-19
7
83
AGENDA REQUEST
Date: August 16,2010
PUBLIC
HEARING X
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Special Activity Permit ( Jam Fest 2010 )
BACKGROUND:
Jamfest Production LLC. seeks a permit to provide a concert at the Edgewater Ranch, located at
3800 Indian River Blvd. The concert will be Saturday, October 16,2010 from 3 PM to 10 PM.
Major entertainers scheduled for the concert are Tracey Lawrence and Uncle Kracker.
Attendance is estimated to be approximately 10,000. Staffhas met with the Business Owner
several times to discuss the plan for putting on this event. Police and Fire Departments. are
involved in all phases of planning for this event. Local businesses, vendors and other
organizations will be involved in the operation of this event.
STAFF RECOMMENDATION:
Staff recommends that City Council authorize a Special Activity Permit as provided on the
application form to Jamfest Productions LLC. to provide a concert (Jam Fest 2010) on Saturday
October 16,2010.
ACTION REQUESTED:
Motion to authorize a Special Activity Permit as provided on the application form to Jamfest
Productions LLC. to provide a concert (Jam Fest 2010) on Saturday October 16,2010.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
(7~
J a Corder
epartment Director
Respectfully submitted,
CITY OF EDGEW A TER
SPECIAL ACTIVITY APPLICATION
This application must be completed in its entirety and submitted to the Planning Department at
least 60-days in advance of the activity. Incomplete applications will be returned to the applicant
and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICA nON
FEE: $300/day
Julv 30. 2010
Date
Applicant Name:
Jamfest Productions. LLC
Sponsor/Organization Name: Jamfest Pnxluctions. LLC
Applicant/Sponsor Address: 2006 Guava Dr. Edgewater. Fl. 32141
AddressILocation of Event: 3800 State Rd. #442/Indian River Blvd.
Local Contact Telephone Number: 427-1635
Name of Event: Jamfest 2010
Description of Event: Live Concert featuring Tracy Lawrence and Uncle Kracker
Emergency # 689-8679
Date(s) of Event: October 16.2010 Time(s) of Event: 3 PM to 10 PM
Set-up/Tear down dates: (if needed): October 9.2010 to October 23.2010
Expected Attendance: 10.000
Will admission be charged? (x ) Yes ( ) No
Will outside live/recorded music or sound amplification be used? (x ) Yes-Hours? I ( ) No
Will vendors be at the event? (x ) Yes ( ) No How many? 8
If yes, please check the following that apply:
X Food
L Alcoholic beverages
X- Soft drinks
Arts/Crafts
X- Other (specify) Memorbilia
What equipment will be required/used? Check all that apply.
X Water
2L Electricity
~ Barricades (How Many?) 12
~ Trash Cans (How Many?) 30
Special Activity Rev: 6-06
Which of the following will be used?
X Banner
X Booth
X Temporary Tents
_ Fireworks/Pyrotechnics
Temporary Signs
Canopy
Amusement Rides
Portable Restrooms
Other (specify)
The following shall accompany this application:
X Plan submitted to reflect location and number of vendors, parking layout, and
sanitary facilities.
X A letter stating the applicant acknowledges that they are financially responsible
for all additional services provided by the City which may include, but are not limited
to the following: trash pick up, utilities, code enforcement, law enforcement, etc.
X The applicant shall post a bond or provide insurance in the amount of
$200,000.00 to hold the City harmless of any and all liabilities.
X Submittal of a listing of all property owners within 500-feet (listing to include
names and addresses of all owners and list shall be obtained from the V olusia County
Property Appraisers Office). Provide list via e-mail to planning@cityofedgewater.org
in dbf format. Listing printed from the Property Appraisers web site shall not be
accepted.
Type of organization:
Non Profit
Charitable
F or Profit
Individual SS #
If you are requesting City assistance with your event, please describe:
Police Dept. and Fire Dept. personal will be required.
X
X
X
(How Many?)
40 regular. 4 handicap
Tax Exempt #
Name of Organization or beneficiary
Federal I.D. # 27-2854866 Tax #
Special Activity Rev: 6-06
2
Road closures (list street name(s) and date(s) all streets closed for an event must be reopened
within 30-minutes of the end of each day of the event. N/ A
The applicant shall comply with all requirements contained in Section 21-37 (Special Activity
Permit Requirements) of the Land Development Code and Chapter 10, AlticIe III (Noise) of the
City of Edge water Code of Ordinances.
If sound amplification is associated with this event, I agree to monitor the sound level so that it
remains within the limits of the City Code. Ifvalid noise complaints are received, I agree to
reduce that noise to a satisfactory level. I further understand that if reducing the noise does not
control citizens' complaints, the source oft erminated.
Signature of applicant:
Il.te: (J'~~
I
Special Activity Rev: 6-06
')
.:>
~
ACORD8 CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDOIYYYY)
~ 8/2/2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICATE HOLDER. THIS
CERTlFICATE DOES NOT AFFIRMATlVELY OR NEGATlVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTlFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATlVE OR PRODUCER, AND THE CERTlFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDIT10NAL INSURED, the policy(ies) must be endorsed. If SUBROGATlON IS WANED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER ~2:~~CT Glenna Hicks, ACSR
East Coast :Insurors :Inc r1JgN~n "",,, (386) 446-3426 I r~~ No': (386) 446- 3514
4845 Be11e Terre Pkwy ~t'D~~SS: glenna@eastcoastinsurors.com
Suite E PRODUCER n0029623
Palm Coast FL 32164 INSURERIS) AFFORDING COVERAGE NAIC.
INSURED INSURER A :Southern-OWners :Insurance Co 10190
INSURER B:
Jamfest Productions LLC INSURER C :
2006 Guava Drive INSURER 0 :
INSURER E :
Edqewater FL 32141 INSURER F:
COVERAGES
CERTIFICATE NUMBER:CL108204952
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE :~~) II'~~~~} LlM1TS
LTR POLICY NUMBER
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
I--
~ t3MERCIAl GENERAL LIABILITY I PR~ISES lEa occurrence' $ 300,000
A CLAIM&MADE [i] OCCUR X NYI ~/2/2010 11/2/2011 MED EXP (Anyone person) $ 10,000
I--
f-- PERSONAl & ADV INJURY $ 1,000,000
I-- GENERAl AGGREGATE $ 2,000,000
@'LAGGREn LIMIT APnS PER: PROOUCTS - COMP/OP AGG $ 2,000,000
X POliCY ~~ LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
f-- (Ea accident)
I-- ANY AUTO BOOIL Y INJURY (Per person) $
I-- ALL ONNED AUTOS BOOIL Y INJURY (Per accident) $
f-- SCHEDULED AUTOS PROPERTY DAMAGE
$
I-- HIRED AUTOS (Per accident)
NON-ONNED AUTOS $
f--
$
UMBRELLA LIAB H OCCUR EACH OCCURRENCE $
f--
EXCESS LlAB CLAIM &MADE AGGREGATE $
- DEDUCTlBLE $
RETENTlON $ $
WORKERS COMPENSATION I T~.r::jJl'tS I lOW-
AND EMPLOYERS' LIABILITY Y/N
ANY PROPRIETORIPARTNERlEXECUTlVE 0 E.L. EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? N/A
(Mandatory In NH) E.L. DISEASE - EA EMPlOYEE $
g~;;~ ~QpERATlONS below E.L. DISEASE - POlICY LIMIT $
DESCRIPTION OF OPERATlONS I LOCATIONS I VEHCLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CERTIFICATE HOLDER
CANCELLATION
(386) 424-2416 jcorder@cityofedqewater.or SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRAnON DATE THEREOF, NOnCE WILL BE DELIVERED IN
City of Edqewater ACCORDANCE WITH THE POLICY PROVISIONS.
Attn: Jack Corder
POBox 100 AUTHORIZED REPRESENTATIVE
Edqewater, FL 32132
G Hicks, ACSR/GLENNA ------'~ ~ ~~...c
~
ACORD 25 (2009109)
INS025 (200909)
@ 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
www.sunbiz.org - Depm1ment of State
FLORIDA DEPARTMENT OF S"ATE
DIVISION OF CORPORATIONS
Home
Contact Us
E-Filing Services
Previous on List
Next on List
Return To List
No Events
No Name History
Detail by Entity Name
Florida Limited Liability Company
JAMFEST PRODUCTIONS, LLC
Filing Information
Document Number L 10000067003
FEIIEIN Number 272854866
Date Filed 06/23/2010
State FL
Status ACTIVE
Effective Date 06/16/2010
Principal Address
2006 GUAVA DRIVE
EDGEWA TER FL 32141 US
Mailing Address
2006 GUAVA DRIVE
EDGEWATER FL 32141 US
Registered Agent Name & Address
PATANE, ANGELO A
2006 GUAVA DRIVE
EDGEWATER FL 32141 US
Manager/Member Detail
Name & Address
Title MGR
PATANE, ANGELO A
2006 GUAVA DRIVE
EDGEWATER FL 32141 US
Title MGR
FANNING, MICHAEL
156 WILLIAMSBURG STREET, NE
AIKEN SC 29801
Title MGRM
WOLF, MARY
156 WILLIAMSBURG STREET, NE
AIKEN SC 29801
Page 1 of2
~~
;?HnplZ
...----:z----
.,. ~5~: ~~; ", :~";~'
a'}" ;' "'1::. ',1.;.'~""'r
. .... ..."lir-
. .::; ""1' ~'~~-,:
. .~ J' _ ~ ~
\~~~t~.:-'" 'k
~:~ ,: ..5
Document Searches
Forms
H
Entity Nam
[ Sut
"I
http://www.sunbiz,org/scripts/cordet.exe?action=DETFIL&inq_doc _ number=L 1 000006700.., 8/2/2010 1
2006 GUAVA DRIVE, EDGEWATER, FL 32141
PHONE: 386/427-1635 FAX: 386/427-1220
EM: info@jamfestproductions.com
Jack Corder
City of Edgewater
POBox 100
Edgewater, FL 32132
Mr. Corder,
In reference to the Jam Fest 2010 Event held at the Edgewater Ranch on Oct 16th, 2010, we do
understand that there will be an outside expense that will be charged JamFest Productions such
as Edgewater police support during the concert event.
~~
~gelO Patane
MRGM
JamFest Productions LLC
x
-
Ronda ) Volusia Edgewater
'~
,.. "-
'\,1.."
:'t. ......
..
I
t .--,
I
. .
. -
.~
j;I
~
~-, ~i
.-. <~,~. . lj - J1l1J G
"{" r II- R. "", .
'fo'..J"...... '" e-....
. ..'
.. ~~-4...:7 ~
Jlr..
-: .. "
\
'!1
ft: _'
..
.tiles
. :\
~
~.~.
...;
.
., . :,,~~~,::;<"'1
." -,.2 ~2S0 Fee~
..~~-:;: '~'-r~~,
Prr/ney;I;Ad T~O"l:I:>g~llj@ :.,. jlllfS r.,.';l~~,
...-w- :._ ":..... . -~~' ~". - ~&:::..:-... ..: -'::-':"-.2
)
) A;'=$
+;'100%
-""}. ,..
, ~:. ~J
""
\ \il
j'i.'.l ~
r-i.~
. ""1 I
'1' 'I
I ~
'h n~, II
'\/.' ~,
\'
'.'
,
~
J'
r~
,
!
,
L
,l
''''
l ,
I'.
'-
.. ~
~ ,
~
, . 1
~
J
. ....
. -
Jamfest Productions. LLC
o
..J
..J
(f)
C
o
U
:J
"0
o
'-
n.
~.
r
~,~
~
(f)
Q)
E
co
)
.,
o
~
'J
::>
::.-
::>
...,
/l
:r
tJ
~
.~
il
0
I
0 0 0 ~
0 TIIJJ
~ t7J
0 0 n ft;
0 c)1 7;'A!
10 II)
"
.-
0 .
0 0 I
0 0
0 0 .
0
~
- --..
'0 ~
()
o
() ....
..
Beer Pickup .. Ticket Sales
~
0 0 0 0 0
0 0 N
lP 0
~ ><
N
:F 0
n:- O -i
<0
0 0 , <t:
::) ;l
~f? ,-)
r.J
~ ~..
,<
~
1"0
<:)
;::::.
o
-..
(.1)
n.
<1J
~
W
.
.
.
.
Truck
Extra Beer Storage
o
00
()
00
00 . .
() 0 ()
I
o 0 0
- ....
00
-ix
l1> ....
;10
qQ.
AGENDA REQUEST
Date: July 26,2010
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT 08/16/1 0
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Affirmation ofthe City Manager's appointment of John Brackin to the General Employee's Pension
Board of Trustees.
BACKGROUND
Appointments to the General Employee's Pension Board of Trustees vary, including member's being
appointed by the City Manager. Mr. Brackin's appointment expires on September 10,2010 and he
has indicated his interest in remaining on the Board.
RECOMMENDA TION
Affirm the City Manager's appointment of John Brackin to a three -year term on the General
Employees' Pension Board of Trustees until September 20,2013.
ACTION REQUESTED
Motion to affirm John Brackin's appointment to a three-year term on the General Employees'
Pension Board of Trustees until September 10, 2013.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NUMBER:
Respectfully Submitted By:
Concurrence:
~J~
Bonnie Wenzel
City Clerk
~.
. . . J::-,l.r- K ~
Robin L. Matusick
Paralegal
100v
AGENDA REQUEST
C.A. #2010-080
Date: August 4.2010
PUBLIC
HEARING
BOARD
APPOINTMENT
ITEM DESCRIPTION:
RESOLUTION
ORDINANCE
OTHER
BUSINESS August 16.2010
CONSENT
Request for consideration in reducing impact fees for an addition of 2,500 square feet of office and 3,100
square feet of storage units totaling 5,600 square feet at U-Sto-It located at 3725 US Hwy 1.
BACKGROUND:
City staff received a letter from Steve Clancy, which is the general contractor for U-Sto-It, on April 26, 2010
requesting consideration for reductions in impact fees to be placed on the May 17th agenda. The project had
received an approved Development Order for the addition of the 5,600 square feet addition at 3725 US Hwy
1 on July 27, 2009. During the May 17th meeting the City Council had continued the request and directed the
City Manager to draft an ordinance that would stipulate procedures and qualifications for future requests. It
was also discussed that this request could be brought back for consideration after the preparation, but before
adoption of the new ordinance.
The additional storage units will allow for the hiring of one additional employee. Although the office portion
of the addition has yet to leased, it will accompany the hiring of 10 or more employees.
Listed below are the development/impact fees for this project:
Sidewalks - $ 4,711.65
Fire/EMS - $ 449.76
Police - $ 884.71
Transportation/Road Impact Fee - $ 7,264.95
Water Capital Charge - $ 2,418.75 (cannot reduce/waive)
Sewer Capital Charge - $ 3,517.50 (cannot reduce/waive)
Meter Deposit - $ 300.00 (direct cost)
Sewer Connection - $ 1,113.92 (direct cost)
Water Connection - $ 330.64 (direct cost)
$20,991.88
STAFF RECOMMENDATION:
None
ACTION REQUESTED:
Staff recommends that the City Council provide direction to the City Manager.
FINANCIAL IMP ACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
Ifso, DATE: May 17.2010
YES
NO
YES X NO
AGENDA ITEM # lOa
Concurrence:
~~~
Robin L. Matusick
Paralegal
IJ ;~~;:i"\;'r~..-';; .,.......,
f\. Ir . ~ ,~.,.j ',. , 'f .';' ':.
. :.1...' .... ~:.', '.1,; '. ','J ,.
Clancy Construction LLC
PO Box 2066
NSB, FL 32170
Phone 386-566-6188
APR 2 6 2010
,,:rrv AfTOP",NEV
To: City of Edgewater Florida
City Counci I
Re: U-Sto-It
3725 US Hwy 1
Edgewater, Florida 32141
Dear Sir/Madam, my name is Stephen Clancy. I am with Clancy Construction LLC
and I am representing U-Sto-It at the above mentioned address.
We are requesting to be put on the May 17th agenda with the City Council to
request a deduction in impact fees.
We are approved to build 5,600 square feet of office and storage of which 2,500
square feet will be office. Our impact fees are around $21,000.00. We are
requesting that you work with us on reducing these fees. With the storage. unit
we will be hiring an additional employee to work at U-Sto-It. The 2,500 sq. ft.
office building has not been leased yet although interest has been shown by
realtors to put a business there which in turn could employee ten or more
employees in the area.
With the present economical hardships we have been going through in the past
several years we formally request a deduction in Impact Fee's.
This is a very nice project and it will only enhance the City of Edgewater and its
economical benefits of the community.
I ask you to please consider.
Best regards. /)
Steve Clancy ~;/.:/
Clancy Construction LLC
CGC061594
~~2~O
May 19,2010
Mr. Steve Clancy
Clancy Construction LLC
P.O. Box 2066
New Smyrna Beach FL 32170
RE: U-Sto-It
Dear Mr. Clancy;
At their regular meeting of May 17, 2010 City Council voted table your request to the next
regular City Council meeting, which be held on June 21, 2010. This was to allow the City
Manager to draft a Resolution regarding impact fee reduction to be heard by City Council.
Should you have any questions regarding this matter please do not hesitate to call.
Sincerely,
'b~ \J0.Q~zrO
Bonnie Wenzel
City Clerk
cc: Tracey Barlow, City Manager
Office of the City Clerk
P.O. Box 100. Edgewater, FL 32132-0100
(386) 424-2400 Ext. 110 1 . Fax (386) 424-2410
www.cityofedgewater.org
From: rose hoffman [mailto:rhoffman713@hotmail.com]
Sent: Monday, June 28, 2010 12:33 PM
To: TT Barlow; Pam Jorgensen; Tommy Vardell; Steve Clancy
Subject: extension & impact fees
6/28/1 0
Edgegate LLC
DBAI U Sto It Mini Storage & Box -N- Ship
Manager Rose Hoffman
3725 S. Hwy 1
Edgewater, FL 32141
386-527-2424
City of Edgewater
Attn: City Develop Manager
Tracy Barlow
104 N. Riverside Dr.
Edgewater, FL 32141
Dear Tracy,
Weare requesting an extension on our Building Permit which is up in July 1010 because we are waiting for
free/or reduction on impact fees with the economy the way it is everyone needs all the help they can get. We are
requesting to be put on the agenda in August.
We first annex it into the City in 2004 with the expectation it would have been a good choice, our taxes with the
County were only $3,500.00 in 2003.
The City of Edgewater Property taxes as follows:
2004 $12,257.21
2005 $17,538.16
2006 $22,704.08
2007 $21,656.38
2008 $21,700.21
2009 $25,282.31
In 2009 we annexed the property next Door with the intention to do this development to help bring more business to the
area. The City Council meeting in Nov. 2009 you waived impact fees for The Big Planet Restaurant, March 2010 you
waived impact fees for Edgewater Animal Clinic, and Indian River Storage, April you waived impact fees for Dollar
General. We are only asking for the same respect, especially since we requested this before some of the other Co. and
have had our permit approved since last July. We need you help to proceed with this project, so we can move forward!
I cannot give a figure of new employees because it depends on who rents the two facilities. I don't want to miss lead
anyone and give false pretext. We have had interest in a real estate office and hopefully a doctor's office or medical
facility. These facilities would employee quite a few people which we need in our City.
Sincerely,
Rose Hoffman, Manager
Rose Hoffman, Manager
Box-N-Ship & Edgegate LLC
386-409-8220 Office and Fax
JOb
AGENDA REQUEST
c.A. #2010-081
Date: August 4. 2010
PUBLIC
HEARING
BOARD
APPOINTMENT
ITEM DESCRIPTION:
RESOLUTION
ORDINANCE
OTHER
BUSINESS August 16. 2010
CONSENT
The Southeast V olusia Chamber of Commerce requesting approval for the serving of beer and wine
on City property during the Grand Opening of the Southeast Volusia Chamber - Edgewater Branch.
BACKGROUND:
The Grand Opening of the Southeast V olusia Chamber of Commerce - Edgewater Branch which is
located at the Leisure Services Building, 1108 South Ridgewood Avenue is scheduled for August 20,
2010 from 4:00 pm to 6:00 pm. Grand openings usually include networking with food and beverages
(beer, wine, water and sodas) with a short program to recognize the host which will be the City of
Edgewater and City Council.
On July 20, 2010 the City received a request from Steve Dennis, Executive Vice President of the
Southeast Volusia Chamber of Commerce requesting approval for the serving of beer and wine on
City property during the Grand Opening of the SEV Chamber of Commerce - Edgewater Branch.
STAFF RECOMMENDATION:
Staff recommends that the City Council consider approval of the serving of beer and wine on City
property for the Grand Opening of the Southeast V olusia Chamber of Commerce - Edgewater
Branch at the Leisure Services Department, 1108 South Ridgewood Avenue.
ACTION REQUESTED:
Staff recommends that the City Council approve the Grand Opening of the Southeast Volusia
Chamber of Commerce - Edgewater Branch at the Leisure Services Department, 1108 South
Ridgewood Avenue.
FINANCIAL IMPACT: (Finance Director)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
YES
NO
PREVIOUS AGENDA ITEM:
If so, DATE:
YES NO
AGENDA ITEM #
Concurrence:
v
Robin L. Matusick
Paralegal
R Matusick
From:
Sent:
To:
Subject:
TT Barlow
Wednesday, August 04,20107:11 AM
R Matusick
FW: Alcoholic Beverages on City Property
Robin,
Can you please draft the agenda request for this.
Tracey
From: TT Barlow
Sent: Tuesday, July 20, 20108:30 PM
To: 'Steve Dennis'
Cc: R Matusick; B Wenzel
Subject: RE: Alcoholic Beverages on City Property
Steve,
I have copied Robin on this email as we have also been in conversation regarding this issue. She
can coordinate with you in my absence as I am leaving town tomorrow morning on vacation and
will not be back until August 2no. I have also copied the City Clerk, Bonnie, so that she may
schedule the City Council to attend as well. Make sure that either yourself or Bob Lott also advises
the Economic Development Board on August 4th.
The next City Council meeting is scheduled for August 16t\ will that be enough time to obtain the
permission as prior to the 20th event?
Tracey
From: Steve Dennis [mailto:lsdennis@sevchamber.com]
Sent: Tuesday, July 20, 2010 5:20 PM
To: TT Barlow
Subject: Alcoholic Beverages on City Property
Tracey:
We are scheduling a Grand Opening of the Edgewater Office of the Southeast Volusia Chamber of Commerce for August
20th from 4pm to 6 pm at the 1108 South Ridgewood location. Typically, the format is networking, food and beverages
for approximately 1 )h hours, then we have a short program to recognize the host. We will be recognizing the City of
Edgewater and would like to have the City Council Present.
As part of our normal format we do serve alcoholic beverages, however, I do understand that the City does not allow
alcoholic beverages on premises with out their approval. With that in mind I would like to request that the Council grant
approval for an exemption to the rule for the August 20th, for the specified time.
1
Steve Dennis
Executive Vice President
Southeast Volusia Chamber of Commerce
115 Canal Street
New Smyrna Beach, FL 32168
386.428.2449
www.sevchamber.com
2