05-01-2006
V oting Order
Mayor Thomas
Councilwoman Rogers
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
May 1, 2006
7:00 PM
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROV AL OF MINUTES - None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
4. CITY COUNCIL REPORTS
5. 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 "3"
minutes or less.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
Large Scale Comprehensive Plan Amendments: the ordinance listed below will be
transmitted to the Florida Department of Community Affairs and will be heard for second
reading August 21,2006.
A. pI Reading, Ord. No. 2006-0-14, the City of Edgewater requesting
amendments to the data and analysis; and the Goals, Objectives and Policies
within the Future Land Use and Housing Elements of the Comprehensive Plan.
Small Scale Comprehensive Plan Amendments:
B. 2nd Reading, Ord. No. 2006-0-04, James Morris, agent for Charles and Phyllis
Barry, requesting an amendment to the Comprehensive Plan Future Land Use
Map to include 5.04::t. acres of land located south of SR442 and west of Old
Mission Road as Commercial with Conservation Overlay, cont. from 3/06/06,
item 6B, now cont. to 6/05/06 to address comments from V olusia County
Growth and Resource Management.
C. 2nd Reading, Ord. No. 2006-0-08, Anthony and Melissa Lancellotta requesting
an amendment to the Comprehensive Plan Future Land Use Map to include .9::t.
acres of property located at 2923 Oak Trail as Low Density Transitional with
Conservation Overlay, cont. to 6/05/06; awaiting comments from V olusia
Growth Management Commission.
City Council Agenda
May 1, 2006
Page -2-
Public Hearings, Ordinances and Resolutions Cont.
Rezonings:
D. 2nd Reading, Ord. No. 2006-0-09, Anthony and Melissa Lancellotta requesting
an amendment to the Official Zoning Map to include.9 :i: acres of property
located at 2923 Oak Trail as R T (Rural Transitional), cont. to 6/05/06; awaiting
comments from VGMC.
E. Continuance of pt Reading, Ord. No. 2006-0-01, Scott Tobin, applicant for
Mid Florida Investments, LLC, (River Oaks) requesting an amendment to the
Official Zoning Map to include 30.0l:i: acres ofland located east of US 1 and
north of Jones Fish Camp Road and approval of the associated RPUD
Agreement, cont. from 3/20/06, item 6C.
7. BOARD APPOINTMENTS
A. Firefighter's Pension Fund Board - nomination by Councilman Vincenzi to fill
seat due to the expired term of Laura Reilly, who seeks reappointment.
8. 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. Community Development Block Grant - staff recommending approval of the
CDBG Annual Plan Worksheet for FY 2006/2007 in the amount of$87, 187.00.
9. OTHER BUSINESS - None at this time.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Note: All items for inclusion on the May 15,2006, agenda must be received by the City Manager's
office no later than 4:30 p.m Monday, May 8, 2006.
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that
a verbatim record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone
number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay
operator at 1-800-955-8771.
I:\liz _ docs\agendas\050 I 06reg
Q
u
V oting Order
Mayor Thomas
Councilwoman Rogers
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
-
#
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
May 1, 2006
7:00 PM
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPRO V AL OF MINUTES - None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TIONS
4. CITY COUNCIL REPORTS
5. 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 "3"
minutes or less.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
Large Scale Comprehensive Plan Amendments: the ordinance listed below will be
transmitted to the Florida Department of Community Affairs and will be heard for second
reading August 21,2006.
A. 151 Reading, Ord. No. 2006-0-14, the City of Edgewater requesting
amendments to the data and analysis; and the Goals, Objectives and Policies
within the Future Land Use and Housing Elements ofthe Comprehensive Plan.
Small Scale Comprehensive Plan Amendments:
B. 2nd Reading, Ord. No. 2006-0-04, James Morris, agent for Charles and Phyllis
Barry, requesting an amendment to the Comprehensive Plan Future Land Use
Map to include 5.04::t acres of land located south of SR442 and west of Old
Mission Road as Commercial with Conservation Overlay, cont. from 3/06/06,
item 6B, now cont. to 6/05/06 to address comments from V olusia County
Growth and Resource Management.
C. 2nd Reading, Ord. No. 2006-0-08, Anthony and Melissa Lancellotta requesting
an amendment to the Comprehensive Plan Future Land Use Map to include .9::t
acres of property located at 2923 Oak Trail as Low Density Transitional with
Conservation Overlay, cont. to 6/05/06; awaiting comments from V olusia
Growth Management Commission.
Q
o
City Council Agenda
May 1, 2006
Page -2-
~ I
Public Hearings, Ordinances and Resolutions Cont.
Rezonings:
D. 2nd Reading, Ord. No. 2006-0-09, Anthony and Melissa Lancellotta requesting
an amendment to the Official Zoning Map to include.9 ::!: acres of property
located at 2923 Oak Trail as RT (Rural Transitional), cont. to 6/05/06; awaiting
comments from VGMC.
E. Continuance of pt Reading, Ord. No. 2006-0-01, Scott Tobin, applicant for
Mid Florida Investments, LLC, (River Oaks) requesting an amendment to the
Official Zoning Map to include 30.0 I::!: acres ofland located east of US 1 and
north of Jones Fish Camp Road and approval of the associated RPUD
Agreement, cont. from 3/20/06, item 6C.
7. BOARD APPOINTMENTS
A. Firefighter's Pension Fund Board - nomination by Councilman Vincenzi to fill
seat due to the expired term of Laura Reilly, who seeks reappointment.
8. CONSENT AGENDA
All matters listed uI:1der 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. Community Development Block Grant - staff recommending approval of the
CDBG Annual Plan Worksheet for FY 2006/2007 in the amount of$87, 187.00.
9. OTHER BUSINESS - None at this time.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Note: All items for inclusion on the May 15,2006, agenda must be received by the City Manager's
office no later than 4:30 p.m Monday, May 8, 2006.
Pursuant to Chapter 286, F.s., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that
a verbatim record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone
number 386-424-2407, 5 days prior to the meeting date. Jfyou are hearing or voice impaired, contact the relay
operator at 1-800-955-8771.
1:\1 iz _ docs\agendas\OSO I 06reg
~
AGENDA REQUEST
Date: April 24. 2006
PUBLI C
HEARING Mav 1. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1St Reading - Ordinance No. 2006-0-14
The City of Edgewater, requesting amendments
to the data and analysis, and the Goals,
Objectives, and Policies, within the Future Land
Use, and Housing Elements of the
Comprehensive Plan.
OWNER: City of Edgewater
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: An amendment to the Future Land Use and Housing Elements of the
Comprehensive Plan to change the maximum number of units per acre within the Low Density
Residential classification from five (5) to four (4) units per acre and to change the number of units per
acre for Medium Density Residential to 4.1 to 8 units per acre.
Background
At the March 8, 2006 Planning and Zoning Board meeting the Board recommended approval of several
proposed Comprehensive Plan amendments. The Board recommended changing the density
requirements for Low and Medium Density Residential to be more consistent with the density
requirements of Vol usia County.
Other Matters
There are no other know matters associated with this request.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-14; amendments to the data and analysis, and the
Goals, Objectives, and Policies, within the Future Land Use and Housing Elements of the
Comprehensive Plan.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-14.
PREVIOUS AGENDA ITEM:
YES
NO
X
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~'~rnoi .
"-. , U~L~A\
Robin Matusick \
Paralegal
~ . ~
per \T
Darren Lear
Development Services Director
City density
ORDINANCE NO. 2006-0-14
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE FUTURE
LAND USE AND HOUSING ELEMENT BY AMENDING THE
LAND USE CATEGORIES FOR LOW DENSITY
RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL;
AMENDING THE DATA AND ANALYSIS AND GOALS,
OBJECTIVES, AND POLICIES AND BY PROVIDING
CONSISTENCY WITH OTHER ELEMENTS OF THE
COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICA TION, HOLDING PUBLIC HEARINGS,
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COpy OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 91-11, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2005),
on Wednesday, March 8, 2006, on the proposed Plan Amendment and following that Public Hearing
voted and recommended that the City Council approve the aforesaid Amendment to the City's 2003
#2006-0-14
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1
Comprehensive Plan with the condition that Low Density Residential be modified to have a
maximum of 4 units per acre and that Medium Density Residential be modified to contain 4.1 to 8
units per acre; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT.
Amending the Future Land Use Element by amending the land use categories for Low
Density Residential to have a maximum of 4 units per acre and that Medium Density Residential
to have a maximum of 4.1 to 8 units per acre; amending the Data and Analysis and Goals,
Objectives and Policies and by providing consistency with other elements of the comprehensive plan
as further described in Exhibits "A" (attached hereto and incorporated herein).
Amending the Housing Element by amending the Data and Analysis and by providing
consistency with other elements of the comprehensive plan as further described in Exhibits "B"
(attached hereto and incorporated herein).
PARTB.
PUBLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2005). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment.
The first publication shall appear at least SEVEN (7) days before the first Public Hearing
(Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2005). The second publication shall appear
#2006-0-14
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2
at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2.,
Fla. Stat. (2005). The required advertisement shall be no less than two columns wide by TEN inches
(10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall
be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2005). The advertisement shall
substantially be in the following form:
Notice of Comprehensive Plan Amendments
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2006-0-14
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE FUTURE
LAND USE AND HOUSING ELEMENT BY AMENDING THE
LAND USE CATEGORIES FOR LOW DENSITY
RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL;
AMENDING THE DATA AND ANALYSIS AND GOALS,
OBJECTIVES, AND POLICIES AND BY PROVIDING
CONSISTENCY WITH OTHER ELEMENTS OF THE
COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION, HOLDING PUBLIC HEARINGS,
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOL USIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
#2006-0-14
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3
DEPARTMENT OF TRANSPORTATION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A public hearing (transmittal stage) on the ordinance amending the Future Land Use and
Housing Element will be held on May 1, 2006 at 7:00 p.m. at the Community Center, 102 N.
Riverside Drive, Edgewater, Florida 32132.
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 2003
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2005). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITTAL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance with Rule 91-11.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the V olusia Growth Management Commission, V olusia County, Regional Planning Council, the
#2006-0-14
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4
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2005) and Rule 9J-l1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
V olusia Growth Management Commission, V olusia County, Regional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2005) &
Rule 9J-l1.011 (3), F.A.C.
PARTE.
CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PARTF.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department
of Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance and certification of consistency
from the V olusia Growth Management Commission.
PARTG.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
#2006-0-14
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5
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 H. ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 1, 2006 is as follows:
AYE NAY
Mayor Mike Thomas
Councilman Debra 1. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
After Motion by
and Second by
the vote on the second reading of this ordinance on August 21, 2006 was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
#2006-0-14
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6
PASSED AND DULY ADOPTED this 21 st day of August, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
#2006-0-14
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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 21 st day
of August, 2006 under Agenda Item No. 6_
7
CITY OF EDGEWATER
COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT
developed by examining current and preliminary existing land use maps prepared by the City, recent
aerial photographs, and interviews with City officials and staff. In addition, a field survey was
conducted for verification and updating of this information. It should be noted that the Existing
Land Use Map represents a snapshot of development patterns as they existed in 2000.
1. Land Use Categories
The land use categories, as shown on the Existing Land Use Map (Map 1-1) are in
accordance with the requirements set forth in 9]-5.006 (l)(a), FAC. In addition, several
other categories were created to better represent actual land use for certain properties within
the City.
Table 1-1 shows each land use category and the corresponding amount of developed acreage
for each. Acreage tabulations were provided by City staff and aggregated into their
respective categories. A definition of each category follows, as well as a brief description of
existing conditions.
a. Residential Land Use Categories
In 2000, there were 2,512 developed residential acres within the City of Edgewater.
This category represents almost 36 percent of total lands and 77 percent of all
developed lands, and includes single-family, multifamily and mobile home
developments. Residential uses are divided into the following categories on the
Existing Land Use Map:
Agriculture - (up to 1 unit per 2.5 acres) This category is mainly reserved for citrus
growers, farmers, ranches, horticulture and similar uses. However, a single-family
residence is permissible not exceeding one (1) unit per two and one half (2- Vz) acres.
Accessory structures and primary agricultural uses may be permitted based upon the
appropriate surrounding land uses. The Agriculturalland use category is considered
a holding land use until adequate public facilities become available for more intense
development.
Low Densiry Transition - (1 unit per gfos3 acre) This residential category is limited to no
more than one unit per acre. The Low Density Transition land use category is
considered a holding land use until adequate public facilities become available for
more intense development.
Low Densiry Residential - (1.1 to ';,4 units per ~€l3S acre) This residential category is
typically a suburban area dominated by detached single-family homes on quarter-acre
lots. This is the predominant land use within the City.
Medium Densiry Residential - (';,4.1 to 8 units per ~ acre) This urban scale Medium
Density Residential category includes duplex, villa, cluster, townhouse, mobile home,
manufactured and multi-family housing at densities between five (5). fOili:(4) and
eight (8) units per acre.
Per Ordinance No. 2004-0-38 6-06
1-2
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CITY OF EDGEWATER
COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT
D. GOALS, OBJECTIVES AND POLICIES
GOAL 1: To effectively manage the land use pattern in the City to enhance the quality of life for
its citizens; promote economic vitality; and, accommodate population and development growth in
an environmentally acceptable manner.
Objective 1.1: Land Use Categories. The City shall maintain regulations for land use
categories and a Future Land Use Map to ensure the coordination of future land uses with existing
and adjacent land uses.
Policy 1.1.1:
The adopted Future Land Use Map shall contain and identify appropriate
locations for the following land use categories, as defined in this element.
Land Use Categories Maximum Density/Intensity
!\g~~<:lll~~t': mm .mm ..mmm m.. mm}~':Yt':P!r:gll~!/?:?~~~~~<:r.t':~ ...
~~~P~~~~~I~~r:~i~?~m m....m m.. ..~.~':Y~P!~gll~!/~?~~...~.~r.~m
m..~~~...J:?~~~~~...~.~.~~4.t':~!i.~!...... . ...... .....~,,~4.~~~gll~!~/~.5l..~~:..1.~~.t':............
Medium Densi Residential 8 dwe .. e
tIig?P~r:~i~~~~~4.~~~~1.}?4.':Y~P:i~gll~it~m
Commercial 0.5 floor area ratio
Mixed Use . .. mm.. ...mm~?4.':Y~!!i?gll~!~P~~gr.?~~~~r.~~r:4.g:?~~?r.~~~~E~~~m
Industrial 0.5 floor area ratio
m~~<:r.~~!i.~~~~4.Qpt':~?P~~~. 0.25 floor area ratio
Conservationm.m~?!!\pp~~~?l~mm ....... .... ... ...... ..........mm.... ...................... ...... ... m.m
.....~?r:~.t':.r.Y..~.~?~gy.~r.!~y...... .........~?!.App~<:~?!~
Public/Semi-Public 0.5 floor area ratio
Policy 1.1.2:
Policy 1.1.3:
Policy 1.1.4:
Density/Intensity. The City shall adopt maXlmum densities and
intensities for each land use category which encourage economic
development while protecting the natural environment as indicated in the
above table.
Zoning Districts. The City shall maintain an adopted zoning matrix
which shall establish zoning districts that correspond to specific land use
categories. The matrix shall further define allowable densities and
intensities in each zoning district.
Innovative Design. The City shall encourage innovative land use
development techniques (including procedures for Mixed-Use planned
unit development and cluster development), as further specified in the
data and analysis of this Element.
Revision 3-06
1-26
Exhibit "A"
CITY OF EDGEWATER
COMPREHENSIVE PLAN
HOUSING ELEMENT
and Low Density land use categories shown on the Future land Use Map. The
Mixed-Use land use category will also accommodate a large portion of the single-
family development expected in the future. Table III- 23 shows the acreage available
per land use category, and the maximum densities allowed. As shown on that table,
it is estimated that a total of 1,444 single-family homes could be built within these
districts. The total number of units anticipated to be developed within the mixed-
use districts is 1,331. The mixed-use district allows for both single and multi-family
developments. Based on the standards adopted for the district, it is expected that the
majority of residential development within the mixed-use district will be single-family
homes.
b. Multi-Family
There are about 733 developable acres in the medium and high-density land use
categories. The mixed-use land use category will also allow the development of
multi-family. The maximum density allowed within the High Density and Mixed-
Use categories is twelve (12) dwelling units per acre. However, the City expects an
average density of six (6) dwelling units per acre within these districts. Table III- 23
shows a potential for 1,767 dwelling units to be constructed within the medium and
high-density districts, not including units that could be built within the Mixed-Use
districts.
c. Vacant Mobile Home Districts
During the eighties there was a trend to shift away from mobile home development
as a housing choice, maybe because of the fact that much of the zoned land for this
type of residential use had been developed in Edgewater. However, during the
nineties, there was an increase in mobile home development, mainly due to the
development of Edgewater Landings as manufactured housing.
The Medium Density Residential category allows the development of duplex, villa,
cluster, townhouse, mobile home, manufactured and multi-family housing at
densities between ~'\.'e(5)/fot:tt(4) and eight (8) units per acre. Based on the
availability of mobile homes within developed subdivisions and parks, the City does
not anticipate the need to create additional zoning districts for mobile home parks.
d. Summary of Land Availability
The figures prepared by the City and the Shirnberg Center indicate that sufficient
vacant residential land exists to accommodate Edgewater's anticipated future
residential growth for the next 10 years. Based on type of development, there seems
to be an adequate balance of land use categories to accommodate single-family,
multi-family and mobile homes units.
4. The Housing Delivery Process
While the City of Edgewater can estimate future housing needs, it cannot take a major role
in supplying housing. That aspect is controlled for the most part by the private sector. The
III-13
Exhibit "B"
AGENDA REQUEST
Date: April 24. 2006
PUBLIC
HEARING Mav 1. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Continuance of 1st Reading - Ordinance No. 2006-0-01
Scott Tobin, requesting an amendment to the
Official Zoning Map to include 30.0H acres of
land located east of US Highway 1 and north of
Jones Fish Camp Road and approval of the
associated RPUD Agreement.
OWNER: Mid Florida Investments LLC
APPLICANT/AGENT: Scott Tobin
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RPUD (Residential
Planned Unit Development) and approve the associated RPUD Agreement.
PROPOSED USE: Multi-family residential condominiums
LOCATION: East of US Highway 1 and north of Jones Fish Camp Road
AREA: 30.0H Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: City - High Density Residential with Conservation Overlay.
ZONING DISTRICT: Volusia County - R-6W, R-4W, and 1-3W
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Deshmation Zonine: District
North Vacant Volusia County - Industrial Volusia County - I-3W (Waterfront
Industrial)
East Vacant/Indian River Volusia County - Urban Volusia County - RCW (Resource
Medium Intensity & Water Corridor) & R-6W (Urban Two
Familv Residential)
South V acant/Single- Family Volusia County - Urban Volusia County - R-4W (Urban
Residential Medium Intensity Single Family Residential) & R-6W
(Urban Two Family Residential)
West Vacant Volusia County - Urban Volusia County - R-4W (Urban
Medium Intensity Single- Family Residential) & B-4W
(General Commercial)
Background
This property is located east of US Highway 1 and north of Jones Fish Camp Road. The applicant is proposing to
develop 308 units within two (2) condominium towers with approximately 80-percent dedicated open space on-
site.
RZ-051O - River Oaks(2)
A workshop was held on November 14, 2005 with the applicant, City Council and the Planning and Zoning Board
to discuss the proposed development. On December 14, 2005 the Planning and Zoning Board voted 5-1 to send a
favorable recommendation to City Council for the proposed development.
At the January 23,2006 City Council meeting, a motion to approve this request failed by a vote of 3-2. A motion
to continue the first reading of Ordinance No. 2006-0-01 (River Oaks) was approved on February 22, 2006 by the
City Council.
Land Use Compatibility
The majority of the surrounding area is vacant and single-family residential. The proposed condominiums are
compatible with the medium and high-density residential usage currently proposed for property east of US
Highway 1 within the City.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The
City of Edgewater has verified that potable water via a 12-inch water main is available along U.S. 1 and that
sufficient water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment
Plant and is conveyed via a six-inch (6") force main.
There is currently a Level-of-Service Standard of "B" for this portion of US Highway 1. A traffic study must be
submitted and approved prior to development of this site.
Natural Environment
An environmental impact study must be submitted and approved by City staff prior to development of this site.
Comprehensive Plan Consistency
The proposed density of 10 units per acre is consistent with the City's High Density Residential Future Land Use
(maximum of 12 units per acre) classification.
Other Matters
The applicant is required to complete the site plan review process, which includes review and approval by the
City's Technical Review Committee and City Council. The site plan shall be heard by the Planning and Zoning
Board at a later date for recommendation to City Council.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-01; amending the Official Zoning Map to include 30.0H
acres of land located east of US Highway 1 and north of Jones Fish Camp Road as RPUD (Residential Planned
Unit Development and the associated RPUD Agreement.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-01.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
1-23-06
2-13-06
3-20-06
AGENDA ITEM NO. 6F
9A
6C
:~.~tted By
Dar en Le r
Development Services Director
~tlti;..",(~'-iU(~ie.\. y.... .~. \\ocf?"'- ~~ D
Robin Matusick . Kenneth R. H~oper \
Paralegal City Manager
RZ-0510 - River Oaks(2)
2
THIS INSTRUMENT PREPARED BY:
Paul Rosenthal
Foley & Lardner, LLP
111 N. Orange Avenue, Suite 1800
Orlando FL 32801
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW A TER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) AGREEMENT
River Oaks Condominium
THIS AGREEMENT is made and entered into this day of
2006 by and between, the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, whose
mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter
referred to as "City") and AH Edgewater, LLC, owner, whose address is 444 Seabreeze Boulevard,
Suite 900, Daytona Beach Florida 32118 (hereinafter referred to as "Developer"). The purpose of
this Agreement is to define the terms and conditions granting the development approval of the
subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 30.0l:!: acres west of the Indian River,
north of Jones Fish Camp Road and east of US Highway 1 in Edgewater, Volusia County, Florida.
The legal description ofthe property is attached hereto as Exhibit "A" - Legal Description. The
Record owner of the subject property is AH Edgewater LLC.
2. DURA TION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of River Oaks Condominium, as defined by the Master Plan, dated
August 23, 2005 (Exhibit "B" included herein), within one (1) year of required permit approvals
(Agreement/Zoning - River Oaks Condo)
1
for this project, or within eighteen (18) months of the effective date of this Agreement. Developer's
failure to initiate construction within one (1) year may result in the City's termination of the
Agreement. The City, at its sole option, may extend the duration of this Agreement. This
development must be consistent with the Master Plan and must be approved by City Council prior
to commencement of any authorized work. Final approval shall include, but not be limited to
utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste
containment, and planning elements.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this Agreement
and in accordance with the City of Edgewater' s current Land Development Code. The Developer
further agrees that all development will be consistent with the River Oaks Condominium Master
Plan dated August 23,2005 (Exhibit "B"). River Oaks Condominium shall be developed consistent
with the City's RPUD development procedures. Final project approval may be subject to change
based upon final environmental, engineering, permitting, and planning considerations. Use of the
property will be as follows:
A. SizelUnit Count/Lot Size
River Oaks Condominium shall not exceed a total on08 condominium dwelling units. The
River Oaks Condominium Development will include a clubhouse with pool, tennis courts, and
horseshoe pits and a marina with boats slips in accordance with the Boat Facility Siting component
of the V olusia County Manatee Protection Plan.
B. Minimum Dwelling Unit Size
The minimum gross dwelling unit square footage shall be at least 1,500 square feet living
area under air. In addition, each dwelling unit will have a minimum of one (1) enclosed parking
space. The development will have a minimum of 485 parking spaces.
Maximum impervious surface ratio shall be twenty-five percent (25%).
Maximum building height shall be one-hundred ninety feet (190'), inclusive of all parapets,
mechanical equipment, antennae, decorative features, stairwells, as measured from the lowest
parking level slab.
Two (2) multi-story condominium buildings with fourteen (14) stories of condominium units
over two (2) stories of parking, clubhouse with swimming pool, tennis courts, and horseshoe pits
(Agreement/Zoning - River Oaks Condo)
2
and a marina with boats slips in accordance with the Boat Siting Plan..
C. Minimum Building Setbacks:
West - 1,300' from US Highway 1
East - 265' from the Indian River
South - 27' from southern property line
North - 38' from northern property line
Minimum 50' from the Mean High Waterline and 25' from any wetlands vegetation.
Maximum Height - 190'
D. Roads
Improvements with public right-of-ways will be dedicated to the owner(s) of the right-of-
way. On-site roads shall be maintained by the Condominium Owner's Association (COA).
The developer agrees to add landscaping as approved by the City and FDOT in the median( s)
on US Highway 1 fronting this site and will be maintained by the COA.
E. Stormwater Management
The retention pond( s) will meet the requirements for the St. Johns River Water Management
District and the City of Edgewater Land Development Code. The pond(s) are approximately 2.1:l:
acres subject to final engineering, and will be owned and maintained by the COA. Developer is
required to provide an outfall to a publicly owned drainage conveyance system, and obtain an off-
site drainage easement if necessary.
Flood Plain Encroachment and Compensatory Storage Criteria.
Definitions
FEMA - Federal Emergency Management Agency
PIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
(Agreement/Zoning - River Oaks Condo)
3
NGVD29 - National Geodetic Vertical Datum of 1929
NA VD88 - North American Vertical Datum of 1988
SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to
which ground or surface water can be expected to rise a during a normal wet season.
SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the zone
of water saturated soil at the highest average depth during the wettest season of the
year.
100- Year Flood Elevation - The flood elevation that has a one percent (1 %) chance
of being equaled or exceeded each year.
The on-site 100-year flood elevation shall be established to the satisfaction of the City
Engineer.
Establishing the 100-year flood elevation may be based upon a combination of:
FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and
regional nature; and site-specific assessments signed and sealed by a professional
engineer licensed to practice in the State of Florida.
Projects located near the coast should evaluate any flooding effects associated with
both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones
A, AE, AH and AO).
In the case of conflicting information, the City will rely upon the highest elevation,
unless reasonable assurance can be provided that a lower elevation is justified.
Under no circumstances will the City accept a 1 OO-year flood elevation determined
by overlaying a FEMA Zone A delineation with any topographic contour
information.
(Agreement/Zoning - River Oaks Condo)
4
Construction plans and drainage basin maps shall be annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on-site 100-year flood elevation.
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot
(i.e. I-foot topographic contour interval and 100-year flood elevation to one decimal
accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not adequate
to comply with these design standards.
Flood plains shall be delineated for all storage areas located within the property boundary
as defined by the pre-development topography, even if these areas are not illustrated on
FEMA FIRM panels.
Historically, flood elevations published by FEMA and other governmental agencies have
been determined using the NGVD29 datum, or for that matter any other vertical datum, a
"datum shift" may be required to "adjust" the applicable on-site 1 OO-year flood elevation to
a common and consistent datum.
The SHGWT shall be established by drilling a sufficient number of geotechnical borings,
whereas the SHWL shall be determined by an ecological assessment of hydric soils,
vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be
determined for all wetlands, depressions, and any other low areas within the property
boundary that are capable of impounding stormwater runoff on the developed property.
Flood plain encroachment shall be computed for all fill placed within the flood plain below
the 100-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all 100-year flood plain encroachments shall be provided in
accordance with the following requirements.
(Agreement/Zoning - River Oaks Condo)
5
Compliance will be based upon a volume for volume ("cup for cup") methodology, with the
volume of compensation equal to the volume of encroachment at each and every elevation
(1-foot contour interval). Providing compensating storage equal to the volume of
encroachment at each elevation will provide equivalent flood plain management for all storm
events of magnitude less than the 100-year storm event, and is intended to prevent
cumulative water quality impacts.
Storage creation must occur below the existing 100-year flood elevation and above the
predicted SHGWT and/or SHWL.
Compensation must occur within dedicated storage areas excavated contiguous to, but
outside of, the existing 100-year flood plain.
Under no circumstances will compensatory flood storage be allowed within ponds that also
provide stormwater management (retention and/or detention) for the proposed development.
The City may approve the creation of offsite compensatory storage areas located outside the
property boundary on a case-by-case basis.
The City reserves the right to enforce additional criteria upon any project that is located
within what the City considers a special flood hazard area. At the City's discretion,
additional flood control measures may be required to adequately protect, upstream systems,
downstream systems, and/or offsite properties.
F. Signage
Signage to be located in the center island at the project entrance shall be a ground mounted
monument sign with a maximum copy area of thirty-two (32) square feet and shall be internally
illuminated.
(Agreement/Zoning - River Oaks Condo)
6
G. Trees
All City and County minimum tree protection standards shall be satisfied for this
development. Approximately twenty-two (22) acres shall be established as open space and shall be
maintained by the COA.
H. Entrance to Subdivision
Entrance to be gated with one (1) entrance lane, two (2) exit lanes with a minimum stacking
of five (5) vehicles at entrance gate and provisions for emergency vehicle access.
L Temporary Offices and Signs
Temporary Offices - A temporary sales office will be located adjacent to US Highway 1 on
the property and meet all Land Development Code standards for setback requirements. The sales
office will consist of a double-wide, modular trailer with an improved parking area with handicap
accessible parking. The sales office may be permitted after construction plan approval and will be
removed prior to the completion of the project. A four (4) x eight (8) project sign will be installed
adjacent to the sales office. The project sign will be removed upon removal of the sales trailer. The
developer will obtain separate permits as required for the sales trailer.
Flags or insignias which read "model", "open", "open house" or any other phrase which
identifies condominiums for sale or reservation may be displayed in the following locations and
numbers. The maximum height of such flags shall be eight feet (8') with a maximum size of fifteen
(15) square feet. The maximum number of flags shall not exceed two (2).
J. Declaration of Covenants. Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and
By-Laws for the Condominium Association will be recorded in the public records of Vol usia
County at the time the final plat for River Oaks Condominiums is recorded.
(Agreement/Zoning - River Oaks Condo)
7
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for River Oaks Condominium is High Density Residential
with Conservation Overlay. The zoning designation for River Oaks Condominium shall be RPUD
(Residential Planned Unit Development) as defined in the City Land Development Code. The City
of Edgewater's permitted uses for RPUD (Residential Planned Unit Development) are applicable
to he development of the property and consistent with the adopted Comprehensive Plan/Future Land
Use Map.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable water system at the nearest point of connection
along US Highway 1. All water main distribution system improvements will be installed by the
Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated
to the City prior to or at the time of issuance of a Certificate of Occupancy on the first unit for the
first building.
B. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. All wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City
and dedicated to the City prior to or at the time of issuance of a Certificate of Occupancy on the first
unit for the first building.
C. The City has determined that reclaimed water will be available in the foreseeable
future. The developer shall install piping for future reclaimed water service.
D. Developer agrees to provide on and off site current and future utility and drainage
easements for drainage and utility service consistent with this provision.
(Agreement/Zoning - River Oaks Condo)
8
E. All electrical services will be underground.
F. Roadway improvements except in public right-of-ways shall remain private and
be maintained by the COA.
G. Off-site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization, beautification of medians on US Highway
1 immediately north and south of intersection of US Highway 1 and Jones Fish Camp Road) are the
developer's responsibility and shall meet all City, County and/or State requirements and approval.
H. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - Pay 100% of the applicable impact fees to the city by applicant at the time
the permit application is signed by the City, thereby reserving requisite water
capacity.
Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time
the permit application is signed by the City, thereby reserving requisite sewer
capacity.
Police, Fire, Recreation - Paid to City by applicant at the time of each Building
Permit application.
City Roads - Paid to City by applicant at the time of each Building Permit
Application.
Volusia County Impact Fees for Roads and Schools - Paid at City Hall by applicant
prior to a Certificate of Occupancy.
Voluntary StOlJfiwatcl D.151n Pce - Nincteen dollal1; and fOlty-cight ccnts ($19.48)
pGl unit paid at the timc of each Duilding Permit Application.
(Agreement/Zoning - River Oaks Condo)
9
ov oluntary Animal Shdtel Impact ree - One hundled dollars ($100) pC! unit paid at
the time of each Duildillg Permit Application.
Contribution of $300,000.00 to Kennedy Park Capital Improvement Proiect.
Contribution is to mitigate impacts to Indian River Lagoon. Kennedy Park Proiect
includes additional parking, boat trailer parking, storm water enhancements, public
amenities and dockage.
The amount of all required impact fees shall be at the prevailing rate authorized at the time of
payment of impact fees.
L All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
1. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
K. Developer agrees to reimburse the City of Edgewater for direct costs associated with
the legal review, engineering review, advertising costs and construction inspection related to the
River Oaks Condominium development approval and the construction of required infrastructure
improvements and the review and approval of the final plat.
L. The developer shall provide all public facilities to support this project including the
following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Piping for future reclaimed service.
4. Stormwater collection/treatment system, including outfall system.
(Agreement/Zoning - River Oaks Condo)
10
5. Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the Subdivision. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
6. Developer is responsible for costs of recording the plat upon approval by the City of
Edgewater.
L. Indian River waterfront park improvements to mitigate waterway impacts
($300.000).
7.8.. Bonds - A Performance Bond may be accepted by the City and shall be 110% of the
costs of all remaining required improvements. A Maintenance Bond equal to 10%
of the cost ofthe infrastructure improvements, including sidewalks, shall be provided
to the City prior to the recording of the Final Plat, the issuance of a Certificate of
Completion, or issuance of the first Certificate of Occupancy. The Maintenance
Bond shall be in effect for a two (2) year period.
H2. Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of four feet (4') and shall be constructed prior to issuance of a
Certificate of Completion. Developer shall provide a bond or surety in a form
acceptable to the City in the amount of$IO.00 per lineal foot for two (2) years. If
sidewalks are not completed within two (2) years, the developer will install the
remaining sidewalks.
91..Q. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and
maintained by the COA and be installed by the Developer at time of installation of
the infrastructure or prior to the Certificate of Occupancy issuance for the first
dwelling unit.
(Agreement/Zoning - River Oaks Condo)
11
M. Recreational Facilities
The River Oaks Condominium Development will include a clubhouse with pool, tennis
courts, and horseshoe pits and a marina with boats slips in accordance with the Boat Facility Siting
component of the Volusia County Manatee Protection Plan.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined in
the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive
Plan and Land Development Code and is compliant with all concurrency requirements set forth in
said documents.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, in a form acceptable to the City, all
utility and drainage easements as required for utilities serving River Oaks Condominium. The
developer has designated 22:f: acres as open space, to be maintained by the Condominium
Owners Association.
8. PERMITS REOUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health, St. Johns River Water Management District, Army Corps of
Engineers, Florida Fish and Wildlife Conservation Commission and V olusia County.
2. City of Edgewater - Rezoning, Site Plan approval, all applicable clearing, removal,
construction and building permits.
3. This site may require a Volusia County Environmental Permit.
(Agreement/Zoning - River Oaks Condo)
12
4. 100 year flood elevation for this site is seven (7) feet minimum finished floor
elevation shall be eight (8) feet.
9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment, or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived, or as expressly provided or in this
Agreement.
Developer shall establish a mandatory Condominium Owners Association (COA)
for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The
mandatory Association will also be responsible for the streetlight requirements that result from the
project including payment to Florida Power and Light for installation, maintenance and power
consumption and the maintenance of the stormwater areas, roads and sidewalks within the River
Oaks Condominiums, common area tracts as depicted on the plat,. The Association documents,
including applicable articles of incorporation; covenants and restrictions; and by-laws shall be
reviewed and approved by the City prior to final plat approval.
10. HEALTH SAFETY AND WELFARE REOUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other requirements
determined to be necessary by the City for the public health, safety, or welfare of its citizens.
(Agreement/Zoning - River Oaks Condo)
13
11. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal,
the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot
resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City
Council is the final authority concerning this Agreement.
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless of the ownership of the Property, the Property
shall be developed in compliance with the terms of this Agreement and applicable regulations of the
City not inconsistent with, or contrary to, this Agreement.
13. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in V olusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement. If the City finds on the basis on competent substantial
(Agreement/Zoning - River Oaks Condo)
14
evidence that there has been a failure to comply with the terms of this Agreement, the Agreement
may be revoked or modified by the City.
16. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made in writing by the
interested party. Substantial changes, as determined by the City Manager, shall require City Council
approval.
19. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each shall
execute and deliver to the other party such further documents and instruments, in form and substance
reasonably necessary to confirm and/or effectuate the obligations of either party hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance.
(Agreement/Zoning - River Oaks Condo)
15
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other party
to enforce any provision of this Agreement or because of a breach by the other party of any terms
hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's
fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate
levels, including bankruptcy proceedings, without regard to whether any legal proceedings are
commenced or whether or not such action is prosecuted to judgment.
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the date and year first written above.
(Agreement/Zoning - River Oaks Condo)
16
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Michael Thomas
Mayor
Witnessed by:
Robin L. Matusick
Paralegal
Charles D. Hood, Jr.
AH Edgewater, LLC
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this _day of
2006, by , and who has produced
as identification and who did (did not) take an oath.
Notary Public
Stamp/Seal
(Agreement/Zoning - River Oaks Condo)
17
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
1. Lot 15, 16,26,27 and the Easterly 100' of Lot 25, RIVERFRONT ESTATES, Unit No.2, as
recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida.
The South 100' of Lot 6, RIVERFRONT ESTATES, as recorded in Map Book 19, Page 18 of the
Public Records of Vol usia County, Florida. Together with any riparian rights appertaining thereto.
Lots 13 and 14, RIVERFRONT ESTATES, Unit No.2, a Subdivision according to map thereof
recorded in Map Book 19, Page 31 ofthe Public Records of V olusia County, Florida. (Bearings refer
to RIVER PARK MOBILE HOME COLONY SECTION 2, Map Book 32, Page 107 and based on
the North line of Indian River Drive as N 68044'20" E).
Lots 28, 31, 32, 35 and 36, RIVERFRONT ESTATES, Unit No.2, as Recorded in Map Book 19,
Page 31 of the Public Records of Vol usia County, Florida, and filled land lying East of said Lot 36,
together with, any and all accretions, riparian and littoral rights appertaining thereto.
EXCEPTING THEREFROM:
A parcel ofland in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES,
Unit No.2, as recorded in Map Book 19, Page 31 ofthe Public Records of V olusia County, Florida,
described as follows: Begin at the S.W. Corner of Lot 35, RIVERFRONT ESTATES, Unit No.2
as recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida; thence
along the Westerly line of said Lot 35, on an assumed bearing run N 22044'32" W, 319.82 ft; thence
N 690 16'01" E, 633.63 ft, to a Point on the existing shoreline of the Indian River North; thence along
the meanders of said shoreline the following courses and distances, S 11051 '56" E, 50.58 ft; thence
S 04022'24" E, 62.38 ft; thence S 35002'40" W, 52.93 ft; thence S 02035'13" W, 88.75 ft; thence S
56049'20" E, 35.84 ft; thence S 16014'06" E, 50.88 ft; thence S 20024'24" E, 23.6 ft; to a Point on
the South line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot
35, S 69046'32" W, 535.15 ft to the Point of Beginning. Together with any and all accretions,
riparian and littoral rights appertaining thereto.
Containing 30.01 ::!:: acres more or less
(Agreement/Zoning - River Oaks Condo)
18
(Agreement/Zoning - River Oaks Condo)
EXHIBIT "B"
MASTER PLAN
19
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AGENDA REQUEST
Date: April 3. 2006
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT
/"
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Laura Reilly of the Firefighters' Pension Fund Board for re-election on the Firefighters' Pension
Fund Board.
BACKGROUND:
Laura Reilly currently holds a position appointed by City Council.
Membership of the Firefighters' Pension Board consists of five (5) members; two voted by the
membership, two appointed by Council, and one appointed by the other four (4) Board members.
STAFF RECOMMENDATION:
Approval of Laura Reilly's re-appointment by City Council to the Firefighters' Pension Fund
Board.
ACTION REQUESTED:
Motion to reappoint Laura Reilly to the Firefighters' Pension Fund Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
N/A
AGENDA ITEM NO.:
Respectfully submitted,
~. -'-" ~ "~~
James Jollie, Chairman
Firemen's Pension Board
Agenda.request.furrn.rev.2/1612000
04/04/06
EDGEWATER FIRE DEPT PENSION BOARD
TO PENSION BOARD
PLEASE CONSIDER THIS EMAIL AS WRITTEN REQUEST TO CONTINUE/RENEW
MY TERM ON THE PENSION BOARD WITH YOUR APPROVAL. THANK YOU FOR YOUR
TIME AND COOPERATION.
SINCERELY
LAURA REILLY
2101 S RIVERSIDE DR
EDGEWATER, FL 32141
(386) 427-4012
~' - '. ""
10-20-05A08:00 RCVD
NAME
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APPLICATION FOR APPOINTMENT TO CIT'lI',
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(BOARD, AGENCY ANDfiC~TTEE ~E~ 'f1AY',!'BE,R,EQUIRED TO FILE WITH
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PLEASE INDICATE BOARDS t AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_____GENERAL EMPLOYEES PENSION BOARD
, &ANIMAL CONTROL BOARD
CITIZEN CODE ENFORCEMENT BOARD
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_____LIBRARy BOARD
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APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
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long If 1 eO'Cs
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(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
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PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
1-ANIMAL CONTROL BOARD
~CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
'/-ECONOMIC DEVELOPMENT BOARD
LFIREFIGHTERS PENSION BOARD
J ~ GENERAL EMPLOYEES PENSION BOARD
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.2..PLANNING & ZONING BOARD
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b VETERANS PARK ADV. COMMITTEE
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APPLICATION FOR APPOINTMENT TO
CITY BOARDS AND COMMITTEES
03-2o-06Arg:35 FilE
Name~,r A.. 50 r~
Address l q'/ 6 --:T~ i f Or 1) y/ e dSe L,)~.~,/
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If so, list each:
Have you ever served on any boards or committees? t'\ 0
If so, list each:
(BOARD AND COMMITTEE MEMBERS MAYBE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
11. ANIMAL CONTROL BOARD -.b..GENERAL EMPLOYEES PENSION BOARD
ACITIZEN CODE ENFORCEMENT BOARD 2 LIBRARY BOARD
3CONSTRUCTION REGULATION BOARD ~RECREATION & CULTURAL SERVICES
It-ECONOMIC DEVELOPMENT BOARD ~PLANNING & ZONING BOARD
..lnL~' [Q.POLICE PENSION BOARD
LL VETERANS PARK ADV. COMMITTEE
Sign,tuJ)p~ 5-1fi
(REVISED (2-10-04)
Date S-I'1- 6 b
ADDRESS
THE CITY OF EDGE WATER
POST OFFICE BOX JOO-EDGEWATER, FLORIDA 32132-0100
2lID APR - q
APPLICA'l'ION FOR APPOINTMEN'l' TO CITY
~ BOARDS, AGENCIES OR COMMITTEES
U AVID II ~se
2 ~ 23 UILLnW ~I( Dt?
HOME PHONE '123 - 5'87'2
AM S: 27
NAME
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BUSINESS PHONE
.296= 'J'3S"
How long
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if yes how long?
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p~t"~W~"1'
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(BOARD, AGENCY AND COMMI'1'TEg ,MEMhd~s ;~jBE'j1'REQUIRED
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PLEASE nmr~ BOARDS, AGENCIES OR COMMJ:!rTEES YOU
wour.p LntE !rO SERVE ON AND lU\NK !rHEM ACCORD:ING !rO CHorCE BY NOMBER
_____GENERAL EMPLOYEES PENSION BOARD
_____ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_____LIBRARy BOARD
~RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
~REnGH"~N ZX/__1 ~VE"H'U" 'ARK MM. e"'H,n,..
SIGNATURE 1ff- ......... //~ DATE:, 0l&:>
** SEE lU:VERSE SIDE FOR LrS!r:ING OF BOARDS, AGENCrES AND COMMJ:!rTEES** (REV 1-11-00)
04-05-02Al1 :37 RCVD
(~-6: f'I\..t s s. o:3L-
AGENDA REQUEST
Date:4- 17- 06
PUBLIC
HEARING
RESOLUTION
OTHER
BUSINESS
ORDINANCE
CONSENT
x
CORRESPONDENCE
ITEM DESCRIPTION:
Community Development Block Grant (CDBG) development plan for Annual Plan Worksheet for
FY 2006/2007.
BACKGROUND:
CDBG funds are federal dollars awarded to counties and cities from the Department of Housing and
Urban Development (HUD). The grant funds can only be used in a "Target" area (map attached)
designated by the County. The City is required to have one public hearing ( not at a Council meeting)
during the development of the plan to allow citizen participation and comment. HUD's allocation
to the County can change each year. Edgewater's 200612007 apportionment is $87,187.00. The
required public hearing was held on April 14, 2006. Staffis requesting to use this year's allocation
for construction of stormwater improvement projects for Frances Drive, West Pine Bluff and a
bicycle/pedestrian path from Turgot Ave. to Old County Road. All documentation must be submitted
to the County by May 15, 2006.
STAFF RECOMMENDATION:
Approve the Annual Plan Worksheet.
ACTION REOUESTED:
Motion to approve the Annual Plan Worksheet for FY 2006/2007.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
("'~lr~gfadupf
Lynne Plaskett
Grant Administrator
~ 1) r~'-t::t.{~;~
Robin L. Matusick
Paralegal
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