03-06-2006
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Voting Order
Councilwoman Rogers
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman Lichter
Mayor Thomas
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
March 6, 2006
7:00 PM
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
2. APPROVAL OF MINUTES
A. Regular Meeting of February 13,2006
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICATES/DONA TIONS
A. Mayor Thomas presenting a plaque to Robert Garthwaite for his 32 years of
dedicated volunteer service to the City of Edgewater.
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 five
minutes or less.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
Annexations:
A. 2nd Reading, Ord. No. 2006-0-05, J.C. Carder requesting annexation of
28.56:t acres of land located north of Godfrey Road and west of the Indian
River.
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.
C. Res. No. 2006-R-02, establishing a Stormwater Basin Fee of $100 per acre
for any building permit, subdivision plat, site plan or development order for
all development with the Ariel Canal Basin.
7. BOARD APPOINTMENTS - None at this time.
8. CONSENT AGENDA - None at this time.
9. OTHER BUSINESS - None at this time.
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....., City Council Agenda
March 6, 2006
Page -2-
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 March 20, 2006, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, March 13,2006.
Pursuant to C;hapter 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.
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AGENDA REQUEST
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Date: February 28. 2006
PUBLIC
HEARING March 6. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006-0-05
James C. Carder, requesting annexation of
28.56:1: acres of land located north of Godfrey
Road and west of the Indian River.
OWNER: James C. Carder
APPLICANT/AGENT: James C. Carder
REQUESTED ACTION: Annexation
PROPOSED USE: Residential development, although no development plans have been received by staff
at this time.
LOCATION: North of Godfrey Road, west of the Indian River
AREA: 28.56::1: Acres
CURRENT LAND USE: Vacant
U FLUM DESIGNATION: Volusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - R-3W (Urban Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desi!!D.ation Zoning District
North Single Family Volusia County - Urban Low Volusia County - R-3W (Urban
Residential Intensity Sing-Ie Family Residential)
East Single- Family Volusia County - Urban Low Volusia County - R-3W (Urban
Residential/ Indian Intensity Single Family Residential)
River
South Single Family Volusia County - Urban Low Volusia County - R-3W (Urban
Residential Intensity and Urban Medium Single Family Residential) and
Intensity R-4W (Urban Single Family
Residential)
West Vacant Volusia County - Urban Low Volusia County - R-3W (Urban
Intensity Sing-Ie Family Residential)
Background
This property is located north of Godfrey Road and west ofthe Indian River. The property to the west is
under the same ownership and was annexed into the City in September 2005. The applicant is proposing
some form residential development on this site.
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At the January 11, 2006 Planning and Zoning Board meeting the Board voted to send a favorable
AN-0516 - Carder
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recommendation to City Council for the proposed annexation.
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City Council voted 5-0 for approval at first reading on February 27,2006.
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Land Use Compatibility
The annexation and proposed use of this parcel is compatible with the surrounding area of residential
usage.
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 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 an eight-inch (8") force main. County staff has indicated that
there is adequate wastewater treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency
with current level-of-service roadway standards. Any indication of a deficiency in roadway capacity
due to the proposed project must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be completed and approved by City staff prior to development
of this property. Vegetation on-site includes Xeric Oak, Temperate Hammocks, Mixed Wetland
Hardwoods, Live Oak Hammock, and Cabbage Palm Hammock. Soils types include Cassa Fine
Sand, Pompano-Placid Complex, Tavares Fine Sand, Myakka Fine Sand, and Turnbull Variant Sand.
Appropriate mitigation for any environmental constraints must be approved by all applicable State,
County and City agencies.
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Comprehensive Plan Consistency
Annexation of this property is consistent with the Comprehensive Plan. Policy 1.8.3 of the Future Land
Use Element states: "New development proposed within the County in areas that are contiguous to the
City shall be annexed into the City and developed to City standards as a condition for the extension of
public utilities."
Other Matters
The Future Land Use and Zoning Map amendments shall occur at a later date.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2006-0-05; the annexation of 28.56:1: acres of land located
north of Godfrey Road and west of the Indian River.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-05.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
2/27/06
AGENDA ITEM NO. 6C
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Kenneth R. Hooper \ V
City Manager
Robin Matusick
Paralegal
AN-0516. Carder
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ORDINANCE NO. 2006-0-05
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF GODFREY ROAD, WEST OF THE
INDIAN RIVER, VOLUSIA COUNTY, INTO THE CITY OF
EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOL USIA
COUNTY, THE VOL USIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. James C. Carder, owner/applicant for annexation of property located North of
o Godfrey Road, West of the Indian River, within V olusia County, Florida. Subject property contains
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approximately 28.56:!: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on January 11, 2006, the Board
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Underlined passages are added.
2006-0-05
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recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
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PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly. 0
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
Stltlck th.ollgh passages are deleted.
Underlined passages are added.
2006-0-05
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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.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on February 27,2006, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
Stll1.:.k t1uol1i,h passages are deleted.
Underlined passages are added.
2006-0-05
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on March 6, 2006, was as
follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 6th day of March, 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
StltlGk t1uollgh passages are deleted.
Underlined passages are added.
2006-0-05
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 6th day of
March, 2006 under Agenda Item No. 6_.
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant in Sections 48
and 49, Township 18 South, Range 34 East lying Easterly of U.S. Highway No.1 except the
Westerly 1350 feet and a portion of C.E. McHardy Grant in Section 49 , Township 18 South, Range
34 East and lands lying Easterly of said South 771.3 feet of the North 1731.3 feet of the said Jane
Murray Grant and Easterly of a portion ofC.E. McHardy Grant and a portion of the 1 O-foot planting
area lying Northerly of and adjacent to Godfrey Road a 50 foot right-of-way as shown on plat of
Resubdivision of Waterway Park Section 1, according to the plat thereof as recorded in Map Book
19, Page 269 ofthe Public Records of Vol usia County, Florida and being described as follows:
Commence at the Southwesterly comer of the 1 O-foot planting area lying Northerly of and adjacent
to Godfrey Road a 50 foot R/W as shown on plat of Resubdivision of Waterway Park Section 1,
according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of V olusia
County, Florida; thence along the monumented Southerly line of the said 10- foot planting area and
the Northerly right-of-way line of Godfrey Road, run N 69006'17" E for a distance of 1350.10 feet;
thence run N 22052'29" W along the East line of the Westerly 1350 feet of the Jane Murray Grant
lying Easterly of U.S. Highway No.1 for a distance of784. 79 feet to the monumented Northerly line
of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant; thence N 68058'26" E
along monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane
Murray Grant and its Easterly prolongation for a distance of 2161. 87 feet to the mean high water of
Indian River North per FDEP MHW Survey File 1161 and per Dan Cory survey dated 06-10-94;
thence along said mean high water line for the following four courses, S 37045'07" E for a distance
of25.43 feet; thence S 24046'47" E for a distance of78.46 feet; thence S 28012'19" E for a distance
of71.55 feet; thence S 27038'06" E for a distance of26.53 feet; thence leaving said mean high water
line run S 68057'03" W for a distance of 798.35 feet; thence run S 22052'29" E for a distance of
587.65 feet to the said monumented Southerly line of the said 10-foot planting area; thence S
69006'34" W along said monumented Southerly line of the said 10-foot planting area and the
Northerly right-of-way line of said Godfrey Road for a distance of 1381.61 feet to the Point of
Beginning.
Containing 28.56 :t acres more or less.
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2006-0-05
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AGENDA REQUEST
Date: Februarv 28. 2006
PUBLIC
HEARING March 6. 2006
ORDINANCE X
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2006-0-04
James Morris, requesting an amendment to the
Comprehensive Plan Future Land Use Map to
include 5.04:f: acres ofland located south of SR 442,
and west of Old Mission Road as Commercial with
Conservation Overlay.
OWNER: Charles and Phyllis Barry
APPLICANT/AGENT: James Morris
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property
as Commercial with Conservation Overlay.
PROPOSED USE: There are no proposed development plans submitted to the City at this time.
LOCATION: South of SR 442, and west of Old Mission Road.
AREA: 5.04:f: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Low Impact Urban
ZONING DISTRICT: Volusia County RC (Resource Corridor)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
North Distribution Facility and City of Edgewater Mixed - Volusia County - A-3
Vacant Use with Conservation (Transitional Agriculture)
Overlav
East Vacant Volusia County Volusia County - RC
(Environmental Systems (Resource Corridor)
Corridor)
South FDOT Borrow Pit Volusia County (Urban Low Volusia County - RPUD and
Intensity) A-2 (Rural Agriculture)
West Vacant Volusia County (Low Impact Volusia County -A-3
Urban) (Transitional Agriculture)
Background
City Council previously voted to transmit the proposed Future Land Use Map amendment for this
property to the Florida Department of Community Affairs on January 28,2002. The amendment was
subsequently submitted to all other appropriate regulatory agencies for review. Following said
submittal, Volusia County objected to the proposed Future Land Use designation of Commercial. The
owner's agent and the County were unable to come to an agreement on the Future Land Use for the
CPA-0514 - Barry
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property at that time. Therefore the amendment was never certified by the Volusia Growth
Management Commission (VGMC). The property owner currently has new representation and has
reapplied for the Future Land Use Map amendment.
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This property was annexed into the City on June 6, 1994.
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The Planning and Zoning Board previously recommended approval of the Future Land Use Map
amendment to the City Council on February 8, 2006.
City Council voted 5-0 for approval at first reading on February 27, 2006.
Land Use Compatibility
All of the adjacent properties are currently undeveloped with the exception of an active borrow pit to the
south and truck distribution to the north of the parceL
Adequate Public Facilities
City water is currently available to the site and sewer is available via an eight-inch (8") force main. Both
are located along the north side of S.R. 442. This site is located less than one mile from the Interstate
95/ S.R. 442 interchange. This site has approximately 300-feet of frontage along S.R. 442.
Natural Environment
An environmental study shall be required and approved by the City prior to any development.
Consistency with Comprehensive Plan
The projected increase in population will result in the need for more commercial development to serve these
new residents. In 2000, there were almost 207 developed commercial acres within the City of Edgewater.
Projections of future commercial land were based on ratios of acres to population. Based on the 2000
population of 18,865, the ratio was approximately 11 commercial acres per 1,000 population. However,
opportunities do exist for infill development and increases in density. The City is pursuing redevelopment
opportunities and encouraging economic growth. Additional commercial acreage is also anticipated to 0
develop adjacent to the Interstate 95 interchange, which is a regional opportunity for the City. Therefore,
the commercial acres-per-population ratio was projected at 15 commercial acres per 1,000 population to
account for this factor. The amount of additional commercial acres necessary to support future growth
through the year 2010 is estimated to be an additional 188 acres of developable land.
Other Matters
The proposed amendment shall be transmitted to DCA, VGMC and all other required regulatory agencies
for review. A Zoning Map amendment and site plan approval shall be required prior to any development of
the site.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance No. 2006-0-04; amending the Comprehensive Plan Future Land
Use Map to include 5.04:l:: acres of land located south of SR 442, and west of Old Mission Road as
Commercial with Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-04.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
2/27/06
AGENDA ITEM NO. 6D
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Robin Matusick
Paralegal
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\(~&x\~o~--- ~\ ~ 0
Kenneth R. Hooper \ l)
City Manager
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ORDINANCE NO. 2006-0-04
AN ORDINANCE. OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY LOW
IMPACT URBAN TO CITY COMMERCIAL WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
SOUTH OF STATE ROAD 442 AND WEST OF OLD MISSION
ROAD, EDGEW A TER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
VOLUSIA GROWTH MANAGEMENT COMMISSION, THE
REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT
OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COpy OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. James Morris of Storch, Morris and Harris, agent/applicant for Charles and Phyllis
Barry, owners of property located South of State Road 442 and West of Old Mission Road,
Edgewater, Florida. Subject property contains approximately 5.04 acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested
Amendment would change the Future Land Use Map designation from County Low Impact Urban
to City Commercial with Conservation Overlay for the property described herein.
3. On February 8, 2006, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
2006-0-04
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4 to 1, recommended that the City Council approve the request.
4. In a letter dated February 15,2006, the Legal Department notified the owners by mail
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of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property regarding the pending Amendment.
5. On February 27, 2006, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)( c), Florida Statutes, on March 6, 2006, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Daytona Beach News Journal Observer on Thursday,
February 23, 2006.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
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That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edge water, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Commercial with Conservation Overlay for property described in
the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit
"B" (which are attached hereto and incorporated herein).
PART B.
. FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
2006-0-04
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Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.6.4 of the Future Land Use Element states "Land uses
that may generate high traffic counts shall be encouraged to locate adjacent to arterial roads and
mass transit systems."
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Development Services Director is hereby authorized and directed to amend the Future
Land Use Map of the Future Land Use Element ofthe Edgewater Comprehensive Plan to reflect the
change in the Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(l)(c)2, Florida Statutes (2005), the Development Services
Director is hereby directed to report this action to the state land planning agency as required therein.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PARTF.
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 G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2006-0-04
StI tick till otl2,h passages are deleted.
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PART H. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on February 27,2006 is as follows:
AYE
NAY
Mayor Mike Thomas
x
Councilman Debra Jean Rogers
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
2006-0-04
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PASSED AND DULY ADOPTED this 6th day of March, 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
2006-0-04
StI tick tilt otlgh passages are deleted.
Underlined passages are added.
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 6th day of
March, 2006 under Agenda Item No.
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EXHIBIT "A"
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LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Lot 5, except the North 60 feet in road, Model Land Company's Subdivision according to Map in
Map Book 5, Page 187, Public Records of Vol usia County, Florida, being the lands described and
recorded in Official Records Book 3501, Page 1605, Public Records of V olusia County, Florida and
except the following part of said Lot 5 being described as follows:
COMMENCE at the Southeast corner of Section 5, Township 18 South, Range 34 East, V olusia
County, Florida; thence North 21027'30" West along the East line of said Section 5, also being the
West line of Samuel Bett's Grant, Section 38, Township 18 South, Range 34 East, V olusia County,
Florida, 120.025 meters (393.78 feet) to a point on the existing Southerly right of way line of State
Road 442, as show on the Florida Department of Transportation Right of Way Map, Section 79210-
2505; thence North 68022'25"East, along, said existing Southerly right of way line, 343.737 meters
(1127.74 feet) to a transition point; thence South 21037'35" East, 3.048 meters (10.00 feet); thence
North 68022'25" East, along said existing Southerly right of way line, 82.996 meters (272.30 feet) 0
to the West line of Lot 5, Model Land Company's Subdivision, as recorded in Map Book 5, Page
187, Public Records of V olusia County, Florida, for the POINT OF BEGINNING; thence continue
North 68022'25" East, along said existing Southerly right of way line, 106.686 meters (350.02 feet)
to the East line of said Lot 5; thence departing said right of way line, South 21025'25" East, along
said East line, 8.230 meters (27.00 feet); thence South 68022'25" West, parallel with said existing
right of way line of State Road 442, a distance of 94.685 meters (310.65 feet) to a point 12.000
meters (39.37 feet) East of, when measured perpendicular to, the West line of said Lot 5; thence
South 21025'51" East parallel with said West line of Lot 5, a distance of215.719 meters (707.74
feet); thence North 69034'38" East, 94.672 meters (310.60 feet) to the East line of Lot 5; thence
South 21025'25" East, along said East line, 138.684 meters (455.00 feet) to the South line of said
Lot 5; thence South 69034'38" West, along said South line, 106.657 meters (349.92 feet) to the
Southwest corner of said Lot 5, thence North 21025'25" West, along said West line of Lot 5, a
distance of362.381 meters (1188.91 feet) to the Point of Beginning.)
Containing 5.04 :t acres more or less.
2006-0-04
Struck th10tlg,h passages are deleted.
Underlined passages are added.
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6-C.
AGENDA REQUEST
CM: 2006-25
Date: February 28.2006
PUBLIC
HEARING
RESOLUTION March 6. 2006 ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Resolution No. 2006-R-02
Stormwater Basin Fee
BACKGROUND:
The City has annexed approximately 1,500 acres south of Roberts Road, west of US I, east of the
FEC railroad and north of Ariel Road. Development within the basin must be coordinated to
accommodate stormwater conveyance and treatment. The City has contracted with Quentin L.
Hampton and Associates to complete a stormwater basin analysis ($150,000:t.).
STAFF RECOMMENDATION:
City staff recommends that all development within the Ariel Canal Basin pay a basin fee of$1 00 per
acre for any building permit, subdivision plat, site plan or development order not vested as of March
6, 2006.
ACTION REQUESTED:
Motion to approve Resolution No. 2006-R-02.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
.
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~4~
e eth R. Hooper ' .
City Manager
I :\liz _ docs\agendarequests\stonnwaterbasinfee030606
\.
....
RESOLUTION NO. 2006-R-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, INITIATING AND AUTHORIZING
A WATERSHED DRAINAGE BASIN STUDY OF THE ARIEL
CANAL BASIN AND AUTHORIZING AN ARIEL CANAL
BASIN USER FEE ON ALL NEW DEVELOPMENT;
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE.
o
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
1. The Edgewater City Council has initiated a Watershed Basin Study ofthe Arie1 Canal
Basin;
2. The Arie1 Canal Basin is approximately 1,500 acres and is bounded on the west by
the Florida East Coast Railway ("FEC"), South by Arie1 Road, North by Roberts Road and East by
U.S. Highway No. 1;
3.
During the City Council meeting on February 13,2006, Council authorized selection
o
of Quentin L. Hampton Associates, Inc. as the engineering firm to complete the analysis of the Ariel
Canal Watershed Drainage Basin Study for a fee of$149,966.00 with the project being completed
within four hundred fifty (450) days;
4. The project tasks shall include aerial mapping, existing condition modeling, future
annexation modeling, recommended improvements, public involvement, Council presentations and
final report; and
5. The Edgewater City Council is aware that drainage analysis is necessary to ensure
future development will not produce adverse stormwater and environmental impacts.
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1. An Arie1 Canal Basin user fee shall be implemented on all new development
within the Arie1 Canal Basin.
o
2006-R-02
1
,.
";
y
Section 2. The Ariel Canal Basin user fee shall be one hundred and nolI 00 ($100.00) per
u
acre for any building permit, subdivision, site plan, plat or development order not vested as of the
effective date of this Resolution
Section 3. The revenue from the Ariel Canal Basin user fee shall be deposited in the
stormwater enterprise fund and shall be used exclusively for engineering studies and improvements
located in the Ariel Canal Basin.
Section 4. All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 5. If any portion of this resolution is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this
resolution. If this resolution 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,
U property, or circumstance.
Section 6. This resolution shall take effect upon adoption.
After Motion by
and Second by
the vote on this resolution was as follows:
AYE
NAY
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judith Lichter
PASSED AND DULY ADOPTED this 6th day of March, 2006.
\.)
2006-R-02
2
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-R-02
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 6th day of
March, 2006 under Agenda Item No. 6_.
3
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...
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: FOLEY
MEMORANDUM
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
111 NORTH ORANGE AVENUE, SUITE 1800
ORLANDO, FL 32801.2386
P. O. BOX 2193
ORLANDO, FL 32802.2193
TELEPHONE: 407.423.7656
FACSIMILE: 407.648. 1743h
WWW.FOLEY.COM r( I$' C
407.244.3259 '1:/1/
#4111l (; ~ /)
C/"ty lllllb'
t1?-'1~
~G~J9
CLlENT.MATTER NUMBER
025581.0182
TO:
FROM:
Honorable Mayor and City Council
Members of the City of Edgewater
Mary D. Solik, Esquire, Assistant City AttomeP ~
cc:
Ken Hooper, City Manager
DATE:
March 3,2006
RE:
River Oaks/Ordinance No. 2006-0-01: Petition for Writ of Certiorari
In response to the Show Cause Order issued by the Court on February 13, 2006, I
have filed the attached Motion to Dismiss, Motion to Conform Tolling and Notice of Filing
Affidavit of Susan J . Wadsworth. The basis of the Motion is that until the City takes final action
on Proposed Ordinance 2006-0-01, the Petition for Writ of Certiorari is premature. These
motions will be set for hearing shortly.
MDS :pwa
FOLEY & LARDNER LLP
OR LA_ 404894.1
1
r.
IN THE CIRCUIT COURT OF THE
SEVENTH JUDICIAL CIRCUIT IN AND FOR
VOLUSIA COUNTY, FLORIDA
AH EDGEW A TER, LLC,' a Florida
limited liability corporation,
Petitioner,
vs. .
. Case No. 2006.-20052-CINS
CITY OF EDGEW A TER, a Florida
municipal corporation,
Division 02
Respondent.
/
MOTION TO CONFIRM TOLLING
Respondent, CITY OF EDGEW A TER, by and through its undersigned counsel hereby
moves this Court for entry of an Order Confirming Tolling and as grounds for its Motion states
as follows:
1. Petitioner filed its Petition for Writ of Certiorari with this Court on February 13,
2006.
2. This Court entered an Order to Show Cause on February 14, 2006, requiring the
Respondent to show cause within twenty (20) days from the date of the Order as to why the
Petition should not be granted.
3. . Respondent, City of Edgewater, pursuant to Rule 9.300, Fla. R. App. P., timely
filed a Motion to Dismiss the Petition for lack of subject matter jurisdiction.
4. Respondent, City of Edgewater, now seeks confirmation from the Court pursuant
to Rule 9.300, Fla. R. App. P., that its Motion to Dismiss tolls the time for responding to the
Show Cause Order.
OR LA_ 404796.1
"
(/
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WHEREFORE, Respondent, City of Edgewater, respectfully requests this Court enter an
Order confirming that the Motion to Dismiss the Petition tolls the time for the City of
Edgewater's to respond to the Show Cause Order.
(~ ~~Ul~
Mary Doty Solik
Florida Bar No. 0856479
, Foley & Lardner LLP
111 North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
P. O. Box 2193
, Orlando, FL 32802.,.2193
Telephone: 407.244.3259
Facsimile: 407.648.1743
Attorneys for City of Edgewater
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail to Charles D. Hood, Jr., Esq., P.O. Box 15200, Daytona Beach, FL 32115-5200 on this
30\
day of March 2006.
ctt~D~(4~
Mary Doty Solik
Florida Bar No. 0856479
Foley & Lardner LLP
111 North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
P. O. Box 2193
Orlando, FL 32802-2193
Telephone: 407.244.3259
Facsimile: 407.648.1743
Attorneys for City of Edgewater
2
ORLA_ 404796.1
..,
"
-;
.
IN . THE CIRCUIT COURT OF THE
SEVENTH JUDICIAL CIRCUIT IN AND FOR
VOLUSIA COUNTY, FLORIDA
AH EDGEW A TER, LLC, a Florida
limited liability corporation,
Petitioner,
vs. .
Case No. 2006-20052-CINS
CITY OF EDGEW A TER, a Florida
municipal corporation,
Division 02
Respondent..
/
MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION
Respondent, CITY OF EDGEW A TER, by and through. its undersigned counsel, moves to
dismiss the Petition for Writ of Certiorari filed by Petitioner, AH Edgewater, LLC. The grounds
for this motion are as follows:
1. As more fully explained below, this Court lacks subject matter jurisdiction over
this case, based upon the Petitioner's premature commencement of this proceeding. This Court .
should therefore dismiss the proceeding.
2. On February 14, 2006, pursuant to Rule 9.1 OOof the Florida Rules of Appellate
Procedure, the Petitioner filed in this Court a "Petition for Common Law and Statutory Certiorari
Pursuant to Florida Rule of Appellate Procedure, Rule 9.100(a) and (f)," (hereinafter referred to
as the Petition).
3. In the Petition, Petitioners seek a Writ of Certiorari quashing an action taken by
the City of Edgewater City Council on January 23,2006.
ORLA_ 403875.1
,
. '
.'
..
4. The action complained of in the Petition, however, is not final quasi judicial
action and no order has been rendered, thus making the Petition premature.
5. Paragraph 7 of the Petition alleges that the City denied Petitioner's proposed
Ordinance No. 2006-0-01 with a vote of2 for and 3 against. No final written order of the City is
included in the Appendix accompanying the Petition.
6. The Minutes of the January 23, 2006 meeting however, establish that Proposed
Ordinance 2006-0-01 was before the City of Edgewater on first reading. See Affidavit of Susan
J. Wadsworth, Exhibit A, p. 40.
7. The Motion made was to approve Ordinance No. 2006-0-01 which failed 2 to 3.
See Wadsworth Affidavit, Exhibit A, p. 50. No subsequent motion to deny Ordinance No.
2006-0-01 was made. Id.
8. On February 13, 2006, the City Commission of the City of Edgewater voted to
continue the public hearing on first reading of Ordinance 2006-0-01 until March 20, 2006. See
Affidavit of Susan J. Wadsworth, Exhibit B, p. 16.
ARGUMENT
A well-established rule of appellate jurisdiction, which admits of no exceptions, is that a
petition for writ for certiorari must be filed, if at all, within 30 days after the rendition of the
order that is the subject of the petition. See Fla. R. App. P. 9.100(c), 9.190(b)(3). "The time for
filing a petition for common law certiorari is jurisdictional." Fla. R. App. P. 9.100 (Committee
Notes); see also ~ 59.081(2), Fla. Stat. (2005).
When a petition for writ of certiorari is not filed within the requisite time period, the
petition must be dismissed. See Lazenbv v. Seaboard Life Ins. Co., 224 So. 2d 288, 288 (Fla.
. 1969); Walsh v. Marsh, 220 So. 2d 897,897 (Fla. 1969); Bozman v. Rogers, 640 So. 2d 180, 181
(Fla. 151 DCA 1994). In such a case, the circuit court is deprived of jurisdiction to review the
2
ORLA- 403875.1
I'
.,
...
.
order in question. See Gow v. County of Dade, 371 So. 2d 493, 493 (Fla. 3d DCA 1979), cert.
. denied, 383 So. 2d 1195 (Fla. 1980), cert. denied, 449 U.S. 850, 101 S. Ct. 139, 661. Ed. 2d 61
(1980). Lack of subject matter jurisdiction may be raised at any time by a party or by the court
sua sponte. See Barner v. Barner, 673 So. 2d 886, 887 (Fla. 4th DCA 1996); Van Dusen v.
Southeast First Nat'l Bank, 478 So. 2d 82, 86 n.6 (Fla. 3d DCA 1985).
The alleged final quasi-judicial action complained of in the Petition was a Motion to.
Approve Proposed Ordinance 2006-0-01 on first reading which failed. No subsequent motion.
was made or voted upon. The City of Edgewater has continued the public hearing of Proposed
Ordinance 2006-0-01 on first reading to March 20, 2006. Until the City Commission takes final
action on the Ordinance a Petition for Writ of Certiorari is premature.
Because the City has not taken any final agency action on Ordinance 2006-0-01, the
thirty day time period in which this Court's subject matter jurisdiction vests has not yet begun,
and the Petition should be dismissed as a matter of law.
CONCLUSION
For the foregoing reasons, Respondent City of Edgewater respectfully requests that this.
Court enter an order dismissing Petitioner's Petition for Writ of Certiorari for lack of subject
matter jurisdiction and awarding the movant such other and further relief as this Court deems just
. .
and proper.
3
ORLA_ 403875.1
~
.
.
I~J~ 6~li)L-'
Mary Doty Solik
Florida Bar No. 0856479
Foley & LardnerLLP
111 North Orange Avenue, Suite 1800
Orlando,FL 32801-2386
P. O. Box 2193
Orlando, FL 32802-2193
Telephone: 407.244.3259
Facsimile: 407.648.1743
r
Attorneys for City of Edgewater
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail to CharlesD.Hood, Jr., Esq., P.O. Box 15200, Daytona Beach, FL 32115-5200 on this
7A
day of March 2006~
~~ 1~l4i
Mary Doty Solik
Florida Bar No. 0856479
Foley & Lardner LLP .
111 North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
P. O. Box 2193
Orlando, FL 32802-2193
Telephone: 407.244.3259
Facsimile: 407.648.1743
Attorneys for City of Edgewater
4
ORLA_ 403875.1
IN. THE . CIRCUIT' COURT OF THE
SEVENTH JUDICIAL CIRCUIT IN AND FOR
VOLUSIA COUNTY, FLORIDA
AH EDGEW A TER, LLC, a Florida
limited liability corporation,
Petitioner,
vs.
Case No. 2006,.20052-CINS
CITY OF EDGEW ATER, a Florida
municipal corporation,
Division 02
Respondent.
/
NOTICE OF FILING
PLEASE TAKE NOTICE that the Petitioner, CITY OF EDGEWATER, by and
through its undersigned attorneys, hereby gives notice of the filing of the Affidavit of Susan J.
Wadsworth.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by U.S. Mail to Charles D. Hood, Jr., Esq., P.O. Box 15200, Daytona Beach, FL
'7~
32115-5200 on this 7
day of March 2006. 6
~~~k
Mary Doty Solik .
Florida Bar No. 0856479
Foley & Lardner LLP.
111 North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
P. O. Box 2193
Orlando, FL 32802-2193
Telephone: 407.244.3259
Facsimile: 407.648.1743
Attorneys for City of Edgewater
ORLA_ 404831.1
.r
'~
IN THE CIRCUIT COURT OF THE
SEVENTH JUDICIAL CIRCUIT IN AND FOR'
VOLUSIA COUNTY, FLORIDA
AH EDGEW A TER, LLC, a Florida
limited liability corporation,
Petitioner,
vs.
Case No. 2006-20052;.ClNS
CITY OF EDGEW A TER, a Florida
municipal corporation,
Division 02
Respondent.
I
AFFIDA VIT
STATE OF FLORIDA
COUNTY OF VOLUSIA
BEFORE ME, the undersigned authority~ on this day personally appeared Susan J.
Wadsworth, who, after being first duly sworn, deposes and says:
1. My name is Susan J. Wadsworth. I am over, the age of 21 and have personal
knowledge of all information stated herein.
2. I am the City Clerk for the City of Edge water, Florida.
3. Attached hereto as Exhibit A is a certified copy of the Minutes of the City of
Edgewater City Council Meeting held on January 23,2006:
4. Attached hereto as Exhibit B is a certified copy of the Minutes of the City of
Edgewater City Council Meeting held on February 13,2006.
f'"\nl ^ ..tn..t"'T"v, of
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FURTHER AFFIANT SA YETH NOT.
Y~-J~
Susan J. Wadsworth
Sworn to and subscribed betore me this .2. day of March 2006.
NOTARY PUBLIC
'i:.~~LA~'n\~ "S. ~~-<hCYl
Print Name . t · "J ' I.
State of Florida at l,arge (Seal) ~ ~'O~t.~. . '. /If." ,
My ConunissionExpires: ......~o ov~~lJ.\SSIO",~ ~~,~
Personally Known ~roduced Td~~tiion_ "o~~
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~tatutes & Constitution :View Statutes :->2005->Ch0316->Section 1945 : Online Sunshine Page 1 of3
,
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,
Select Year: l?g~?Ji.f
The 2005 Florida Statutes
Title XXIII
MOTOR VEHICLES
Chapter 316
STATE UNIFORM TRAFFIC CONTROL
View Entire Chaplli
316.1945 Stopping, standing, or parking prohibited in specified places.--
1 (1) Except when necessary to avoid conflict with other traffic, or in compliance with law or the
directions of a police officer or official traffic control device, no person shall:
l(a) Stop, stand, or park a vehicle:
1. On the roadway side of any vehicle stopped or parked at the edge or curb of a street.
2. On a sidewalk.
3. Within an intersection.
4. On a crosswalk.
5. Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately
opposite the ends of a safety zone, unless the Department of Transportation indicates a different length
by signs or markings.
6. Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would
obstruct traffic.
7. Upon any bridge or other elevated structure upon a highway or within a highway tunnel.
8. On any railroad tracks.
9. On a bicycle path.
10. At any place where official traffic control devices prohibit stopping.
11. On the roadway or shoulder of a limited access facility, except as provided by regulation of the
Department of Transportation, or on the paved portion of a connecting ramp; except that a vehicle
which is disabled or in a condition improper to be driven as a result of mechanical failure or crash may
be parked on such shoulder for a period not to exceed 6 hours. This provision is not applicable to a
person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle in
http://www.1eg.state.f1.us/Statutes/index.cfm ? App _ mode=Display _ Statute&Search _ String=&.. 3/6/2006
S.tatutes & Constitution :View Statutes :->2005->Ch0316->Section 1945 : Online Sunshine Page 2 of3
)
..
obedience to the directions of a law enforcement officer or to a person stopping a vehicle in compliance
with applicable traffic laws.
12. For the purpose of loading or unloading a passenger on the paved roadway or shoulder of a limited
access facility or on the paved portion of any connecting ramp. This provision is not applicable to a
person stopping a vehicle to render aid to an injured person or assistance to a disabled vehicle.
(b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a
passenger or passengers:
1. In front of a public or private driveway.
2. Within 15 feet of a fire hydrant.
3. Within 20 feet of a crosswalk at an intersection.
4. Within 30 feet upon the approach to any flashing signal, stop sign, or traffic control signal located at
the side of a roadway.
5. Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the
entrance to any fire station within 75 feet of such entrance (when property signposted).
6. On an exclusive bicycle lane.
7. At any place where official traffic control devices prohibit standing.
(c) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually
engaged in, loading or unloading merchandise or passengers:
1. Within 50 feet of the nearest rail of a railroad crossing unless the Department of Transportation
establishes a different distance due to unusual circumstances.
2. At any place where official signs prohibit parking.
(2) No person shall move a vehicle not lawfully under his or her control into any such prohibited area or
away from a curb such a distance as is unlawful.
(3) A law enforcement officer or parking enforcement specialist who discovers a vehicle parked in
violation of this section or a municipal or county ordinance may:
(a) Issue a ticket form as may be used by a political subdivision or municipality to the driver; or
(b) If the vehicle is unattended, attach such ticket to the vehicle in a conspicuous place, except that
the uniform traffic citation prepared by the department pursuant to s. ~Q5J) may not be issued by
being attached to an unattended vehicle.
http://www.1eg.state.f1.us/Statutes/index.cfm ? App _ mode=Display _ Statute&Search _ String=&.. 3/6/2006
Statutes & Constitution :View Statutes :->2005->Ch0316->Section 1945 : Online Sunshine Page 3 of3
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The uniform traffic citation prepared by the department pursuant to s. 316.650 may not be issued for
violation of a municipal or county parking ordinance.
(4) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as
provided in chapter 318.
History.--s. 1, ch. 71-135; s. 1, ch. 76-31; s. 2, ch. 78-52; s. 1, ch. 79-403; s. 2, ch. 80-316; s. 5, ch. 83-
68; s. 5, ch. 84-309; s. 1, ch. 85-81; s. 2, ch. 88-91; s. 317, ch. 95-148; s. 143, ch. 99-248.
Note.--Former s. 316.160.
Copyright <D 1995-2005 The Florida Legislature. Privacy Statement. Contact Us
http://www.leg.state.f1.us/Statutes/index.cfm? App _ mode=Display _ Statute&Search_ String=~... 3/6/2006
. ..
~ 17-37
EDGEWATER CODE
Sec. 17-37. Stopping, standing, or parking prohibited in
specified places.
Pursuant to the requirements contained in section 316.1945,
Florida Statutes, as amended from time to time.
(Ord. No. 2002-0-20, Pt. A, 12-18-02)
Sec. 17-38. Double parking.
Pursuant to the requirements contained in section 316.1945(1),
Florida Statutes, as amended from time to time.
(Ord. No. 2002-0-20, Pt. A, 12-18-02)
Sec. 17-39. Parking within an intersection.
Pursuant to the requirements contained in section 316.1945(3),
Florida Statutes, as amended from time to time.
(Ord. No. 2002-0-20, Pt. A, 12-18-02)
Sec. 17-40. Parking where official traffic control device
prohibits.
Pursuant to the requirements contained in section 316.1945(10),
Florida Statutes, as amended from time to time.
(Ord. No. 2002-0-20, Pt. A, 12-18-02)
Sec. 17-41. Additional parking regulations; improper park-
ing one/two way road/angle.
Pursuant to the requirements contained in section 316.195,
Florida Statutes, as amended from time to time.
(Ord. No. 2002-0-20, Pt. A, 12-18-02)
Sec. 17-42. Handicap parking.
Pursuant to the requirements contained in sections 316.1955,
316.1957, 316.1958 and 316.1959, Florida Statutes, as amended
from time to time.
(Ord. No. 2002-0-20, Pt. A, 12-18-02)
Supp. No. 55
1310
... ~ . ~
b. It shall be unlawful for a commercial vehicle, and/or associated trailer, tractor trailers, or
beach concession vehicles with a greater than I-ton capacity to be parked on any property
whose primary use is residential, except when being loaded or unloaded.
c. One commercial vehicle with less than a I-ton rated capacity shall be permitted to park on
any property whose primary use is residential.
21-35.04 - Neglected Premises
a. It shall be the duty of any person owning or controlling a house or other building or premises
to maintain such premises in a reasonably clean and orderly manner and to a standard
conforming to other orderly premises in that vicinity. It shall be a violation of this Section to
abandon, neglect, or disregard the condition or appearance of any premises.
b. Every exterior wall of the building shall be free of holes, breaks, loose or rotting boards or
timbers. All siding material shall be kept in repair. Roofs shall be structurally sound and
maintained in a safe manner and have no defects.
c. All portions of existing buildings, both interior and exterior, shall be maintained in such a
manner that structural strength, stability, sanitation, adequate light and indoor air quality, and
safety to life and property from fire and other hazards are provided for public safety, health,
and general welfare.
21-35.05 - Parking on Drainage or Maintenance Easements or Public Right-of-Ways
It shall be unlawful to park or store any vehicle, boat, trailer or equipment of any kind on City,
County, or State maintenance and/or drainage easements or public right-of-ways.
21-35.06 - 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 Chapter 509, F.S.
Rev 6-05 '(LandDevelopmentCode)
1II-22
THE CITY OF EDGE WATER
POST OFFICE BOX 100 · EDGEWATER, FLORIDA 32132-0100
March 6, 2006
- PUBLIC NOTICE-
The City Council of Edgewater will hold a Workshop Session Monday, March 13,2006,
at 7:00 p.m. in the Community Center, 104 N. Riverside Drive, Edgewater, Florida to discuss the
following projects:
1. "Reflections" - Mercedes Homes, rezoning and RPUD agreement
on 8332: acres of property located at the southwest comer of 1-95
and SR442.
2. "Washington Park" - Tony and Hope Pawlak, rezoning and
assessment of 9.912: acres of property located south of 35th Street,
east of Travelers Palm Drive and west of Needle Palm Drive.
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.
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