2010-O-13ORDINANCE NO.2010-0-13
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA AMENDING CHAPTER 21 (LAND
DEVELOPMENT CODE) BY ENACTING ARTICLE X
(BOAT SLIP ALLOCATION); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE
AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the
following determinations:
WHEREAS, the Volusia County Manatee Protection Plan limits the number of boat
slips allowed to exist within the City limits along the Indian River; and
WHEREAS, the Plan only allows the City of Edgewater an identified number of
boat slips in selected shoreline areas for the construction of public and/or private boat
docks and marinas; and
WHEREAS, since the Manatee Protection Plan allows for the distribution or
aggregation of the boat slips, the City finds that a reasonable aggregation method should be
established to ensure that there are adequate boat slips available for public and private use,
along the river; and
WHEREAS, it is in the public's interest for the City to plan and provide for
appropriate public and private water access; and
WHEREAS, it is in the best interest of the citizens of Edgewater for the City to
equally distribute the excess boat slips for projects that will provide the net positive public
benefit for the residents and visitors of the City of Edgewater; and
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida
PART A. AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY ENACTING
ARTICLE X (BOAT SLIP ALLOCATION) OF THE CODE OF
ORDINANCES, CITY OF EDGEWATER, FLORIDA.
Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby amended by
enacting Article X (Boat Slip Allocation) as set forth in Exhibit "A" which is attached hereto and
incorporated herein.
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#2010-0-13
PART B. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby
superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or
void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions
thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its
applicability to any other person, property, or circumstance.
PART D. CODIFICATION
Provision of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater,
Florida, and the `ordinance, may be changed to " section", "article', or other appropriated word, and the sections
of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B
thru F shall not be codified.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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42010-0-13
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 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 Councilwoman Rhodes with Second by Councilman Cooper,
the vote on the first reading of this ordinance held on August 16, 2010, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
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#2010-0-13
ABSENT
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After Motion to approve byLWIUoM.6M6 with Second by(rnm;6,Aw Pooh,
the vote on the second reading/public hearing of this ordinance held on September 13, 2010, was
as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
Councilman Ted Cooper
AYE NAY
igWaxned
tal�enF
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PASSED AND DULY ADOPTED this J YK day ofSe0Cm6er , 2010.
ATTEST:
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
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CITY COUNCII, OF THE
Cq OF VTELOIIUDA
Y
ike omas
Myor
iryr
Robin L. Matus ck
Paralegal
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.1k..
#2010-0.13
Exhibit "A"
Article X
Boat Slip Allocation
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#2010-0-13
ARTICLE X
BOAT SLIP ALLOCATION
SECTION 21-110 -PURPOSE................................................................................................. X-1
SECTION 21-111- DEFINITIONS......................................................................................... X-1
SECTION 21-112 - PROCEDURES....................................................................................... X-2
21-112.01- General Requirements . .................................. ....................................................... X-3
21-1 I2.02- Criteria.......................... ........................................................................................ X-3
21-112.03- Effect of Approval. ...................................................... X4
21-112.04- Application Process. .................................................... X-5
SECTION 21-113- FEES.......................................................................................................... X-5
21-112.01- Renewal of Use Fee. .................................................... X-6
Article X
ARTICLE X
BOAT SLIP ALLOCATION
Sec.21.110 - PURPOSE
(a) Provide for the development of boat slips by right on properties adjacent to the Indian
River. The excess boat slip allocation is provided to allow for a fair and reasonable means of
authorizing development of the limited number of boat slips allocated to the City. in accordance
with the 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-11. limits the number of
boat slips allowed in the city on. adjacent to. or with direct access to. the Indian River.
Information received on July 13. 2005 from Florida Fish and Wildlife Conservation Commission
regarding the slip aggregation option assessment for the City of Edgewater. states the maximum
number of slips permitted is 798. This number includes 160 slips allocated to waterfront parcels
currently zoned or used for single-family residential purposes. Additionally. 220 slips are
allocated for existing non-residential slips. leaving available 418 in the slip pool. A minimum of
15% of the m 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 space - A parking space associated with a boat ramp. marina or other
water-related facilities designed to accommodate a boat trailer and vehicle used to
tow the trailer. Such space must have direct access to the Indian River within the
Edgewater municipal boundaries.
(b) ~Commercial slip - Any slip. other than a Single-Family Residential SliplDock 'and a
Mcltr:Fa;iTIY-R~dential Slip/DocI2
(c) Drv docklstoraf!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.
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(d) Excess slip/excess boat slip 0001. Any slip that has not been previously allocated for
single-family residential purposes or allocated for existing non-residential slips and is
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 ~ subtracted by the number of existing single-
r- - - -- - - - - - -- - --
family parcels and also non-residential existing slips 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.
(t) Slip or boat slip. 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 onlyf~
MI restaurant. bait shop. or fuel dock spaces. Piers authorized only for fishing! or
observation' are not considered wet slips.
(g) Slio inventorv. The city shall maintain and continuously update a boat slip inventory
list for the purpose of determining remaining boat slip capacity. The inventory shall
specifically identify:
1. The number of slips that currently exist
2. The number of undeveloped slips for which permits have been issued:
3. The number of undeveloped slips reserved:
4. The number of unreserved slips remaining: and
5. The number of slips designated for non-motorized vessels.
(h) Slip 0001 or excess boat slios allocation fee - A fee established by the City of
Edgewater and deposited in the Edgewater Manatee Kdemervafiod 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.
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(b) The City Council may grant requests for excess boat slip allocation at a public
hearing after notice provided bv legal advertisement.
Sec. 21.112.01 - General Requirements
(a) Single familv residential:
I. A single-family residential parcel shall have the right to and be allocated no more
than ~two (21 boat slip without applying for excess slip(s). Single-family
residential parcels with Indian River frontage shall not be denied their riparian
rights to construct a minimum of one (I) \wo (2) motorized boats slip per parcel.
The single-family parcels of record that do not contain a boat slip but were
permitted as such were calculated as existing and previously deducted from the
slip pool and shall not be further deducted from said slip total. However. if a
single-family parcel previously calculated as existing is further subdivided. then
the additional parcels shall be deducted from the slip total.
2. The owners of two or more adiacent waterfront parcels zoned for or in use a
single-family residences may 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 may be amended. A dock serving
multiple parcels shall have the right to and be allocated no more than ooe-two (2i
boat slipS for each upland single-family residential unit for which it serves
without applying for excess slip(s).
(b) Won singkM"uitf-famtN residential. All ~ -sF1'li!cmuiir:/amllV 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) Availabilitv. Slips shall be allocated on a "first come. first served" basis.
Sec. 21.112.02 - Criteria
The City Council shall evaluate the number of excess slips remaining in the City's
inventory and allocate the excess slips based on a finding of net public benefit to be derived from
the 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:
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(a) The number of excess slips in the project that will be made available for purchase,
lease or use by the general public.
(b) Construction expansion or improvements to new or existing public spaces, parks,
plazas,walkways or other features pLoviding access to the waterfront for the genend
public, on or off -site.
(c) Parking spaces associated with a boat ramp, marina or other water -related facilities
desimed to accommodate a boat trailer and vehicle used to tow the trailer shall be
considered a boat sliR for allocation puWses. Such spm 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 boatingpublic.
ublic.
(h) Acquisition of upland for public use.
(i) Improvements to existing water -related facilities for use by the general public.
Q) Financial contribution toward a project as described above or any public project that
will enhance public use of and access to the waterway. and riparian lands within the
City.
Sec. 21.112.03 - Effect of Approval
(a) Reservation. Slips may be reserved from the slip pool thmugh_pavment 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 ceriod 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 Comcil, the boat slips shall be reserved
Provided the applicant pays 100% of the boat slip reservation fee within fifteen (15)
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(a) The number of excess slips in the project that will be made available for purchase.
lease or use by the general public.
(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.
(j) Financial contribution toward a project as described above or any public project that
will enhance public use of and access to the waterway. and riparian lands within the
City.
Sec. 21.112.03 - Effect of Approval
(a) Reservation. Slips mav be reserved from the slip pool through pavment of a boat slip
reservation application fee. All lots of record as of July 13. 2005 (other than single-
family) shall be afforded a one-time opportunity to reserve slips. An excess boat slip
reservation application fee for the slip shall have the effect of placing a reservation on
the allocated boat slips for a 3-year period. provided the annual reservation fee is
paid. Any slips reserved during this period shall be removed from the available slip
pool and held in reserve for those that have paid the boat slip reservation application
fee. Any number of slips the applicant does not build during the above-referenced
reservation period shall be returned to the slip pool.
(b) Reservation fee. Upon approval by the City Council. the boat slips shall be reserved
provided the applicant pays 100% of the boat slip reservation fee within fifteen (15)
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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
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 I ur~~atel Manatee Conservation Trust Fund
to provide funding for increased enforcement of manatee speed zones. additional
equipment for on-the-water enforcement efforts. mil 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) Proiects including new or expanding boat facilities (with the exception of single-
family residential slip/docks that presently have hSingici tw6 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.
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Sec. 21.113 - FEES
(a) The City Council shall establish the following fees in the Fee Resolution.
(b) The Boat Slip allocation Permit fee will be collected. along with the V olusia County
mitigation fee. Iat'the trmeof PrlorW 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-SIngiCMuiti:famil~ 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
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2. Non singlcMulti-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) Anv 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.
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