08-11-2010 CITY OF EDGEWATER
Planning and Zoning Board
Wednesday, August 11, 2010
6:30 p.m.
Edgewater Community Center 102 N. Riverside Drive
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES Regular meeting of June 9, 2010.
4. OLD BUSINESS- PUBLIC HEARING
5. NEW BUSINESS- PUBLIC HEARING
a. TA -1002- The City of Edgewater, requesting amendments to the City of Edgewater Land
Development Code, Article III, Section 21 -37- Special Activity /Permit Requirements.
b. TA -1003- The City of Edgewater, requesting amendments to the City of Edgewater Land
Development Code, enacting Article X - Boat Slip Allocation. (Continued from June 9, 2010
meeting)
6. OTHER BUSINESS
a. Board Term Expiration- Pat Card, whose term expires on October 1, 2010, is seeking reappointment.
7. DISCUSSION ITEMS
a. Development Services Director's Report
b. Chairman's Report
c. Agency Members' Report
8. ADJOURNMENT
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 proceeding 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 Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone
number 386- 424 -2400 ext. 1101, 5 days prior to the meeting date. If you are hearing impaired or voice impaired,
contact the relay operator at 1- 800 -955 -8771.
Citizen comments are to be limited to five (5) minutes
CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # TA-1002
APPLICANT /AGENT: City of Edgewater
REQUESTED ACTION: Land Development Code (LDC) text amendments to Article III
proposing modifications to Section 21-37 — Special Activity/Permit Requirements.
BACKGROUND: In aspiring to maintain the positive momentum created by the Jam for
America event held in October of 2009, the City has received numerous requests for special
activity events that would equal or exceed the positive economic impact produced by the
above-referenced event for our local business community. The attached proposed LDC
amendments aid in sustaining said economic momentum.
OTHER MATTERS: There will be two (2) public hearings at City Council for the proposed
amendments.
STAFF RECOMMENDATION
Staff recommends sending a favorable recommendation to City Council for the amendments
to the Land Development Code.
MOTION
Motion to send a favorable recommendation to City Council for the amendments to the
Land Development Code.
G: \Planning and Zoning Board \Info Summaries \2010 \TA -1002 -Art III.doc
SECTION 21 -37 — SPECIAL ACTIVITY/PERMIT REQUIREMENTS
21- 37.01— Purpose /Scope
To establish policies and procedures pertaining to special activities, including but not
limited to, outdoor entertainment, to ensure compliance with all applicable City, County
and State requirements. A special activity permit will be required of all special activities
held within the City of Edgewater.
21 -37.02 — Definitions
Charitable event /activity — is an event/activity or cause sponsored by a business or non-
profit organization for the purpose of soliciting aid, assistance or contributions for
benevolent purposes. To qualify as a charitable event/activity; all profits (net difference
of gross revenues less expenses) must be given to the charitable cause for which the
charitable event /activity was organized. For purposes of this definition, a charitable
event/activity can not exceed one (1) day. Each charitable event/activity permit
application shall adhere to the special activity permitting process as defined in Section
21- 37.04. For the purposes of this definition, a charitable event/activity does not include
an event/activity with the primary purpose of carrying on propaganda or otherwise
attempting to influence legislation, and does not include an event/activity with the
primary purpose of raising funds or garnering support for a political campaign on behalf
of (or in opposition to) any candidate for public office.
City sponsored activity — sponsored or co- sponsored by the City Council or any City
Department for the benefit of the residents of the community.
Civic group/non-profit organization — any group that meets for the improvement of the
community and whose main function is to make the community a better place to live
either by deed, donations of time or finances. A tax- exempt certificate is not necessary if
the group meets the above stated criteria.
Community activity - activities which take place on City owned or controlled property in
which the general public is invited to participate.
Live entertainment - entertainment in the form of music, singing, speaking or similar
activities that are enhanced by amplification equipment. This includes bands, concerts,
performances, karaoke and disk jockey functions.
Outdoor entertainment — entertainment in the form of music, singing, speaking and
similar activities, amplified or non - amplified that is located outside of or partially outside
of the area of the sponsoring property permitted for normal retail sales or services.
Private business - any business enterprise operating for the purpose of creating a profit.
Special activity — any public or private activity held within the City of Edgewater in
which it can be reasonably anticipated that the number of persons attending the activity
will exceed the on -site parking, seating or sanitary facilities available at the premises
upon which activity will take place and that services will be required beyond that which
are regularly provided by the City such as additional traffic control, crowd control, fire
and/or emergency services, street closures, cleanup or other municipal services.
Special activity permit — a permit issued by the City Council to authorize a special
activity.
Sponsor /promoter — any person, group or entity ultimately responsible in full or part for
producing, operating, sponsoring or maintaining a special activity.
21 -37.03 — Special Activity Permit Requirements
1. The uses authorized by a Special Activity Permit are temporary and all permitted
improvements shall be removed within five (5) days of the completion of the special
activity.
2. The number of special activities at any given location or address shall not exceed:
a. One 10 -day period and two 1 -day charitable events /activity between the period of
January 1 through June 30 and
b. One 10 -day period and two 1 -day charitable events /activity between the period of
July 1 through December 31
c. The City Council may grant an exemption to the number events /activities
permitted per year for a specific location or address. The exemption shall not be
granted for more than a one (1) year period. All other requirements contained in
this Section shall apply.
3. Outdoor entertainment/amplified sound in conjunction with a special activity shall be
permitted only between the times of 1:00 p.m. to 909 10:00 p.m.
21 -37.04 — Special Activity Permit Application Process
a. A special activity permit will be required for each special activity held within the City
of Edgewater. No special activity permit will be required for any event sponsored or
co- sponsored by the City if it is occurring on public property.
b. A special activity permit application must be completed and submitted to the
Development Services Department for review by City staff at least 60 -days in
advance of the activity. The application must include specific dates and times of the
planned activity (including set up and demobilization), number and types of vendors,
types and hours of entertainment, specific parking layouts, quantity and number of
sanitary facilities. If the application is for a charitable event/activity, sufficient
information (financial, medical and /or socio- economic) must be provided for a clear
determination that the event meets the criteria of a charitable event/activity. Hours
for outdoor entertainment/amplified sound are described in Section 21 -37.03 of this
Article.
c. The completed special activity permit application and staff comments will be
provided to the City Council for review and consideration at the next regularly
scheduled meeting for those events that exceed an anticipated attendance of 5,000
people. City staff will notify affected property owners within 500 -feet of the site
requesting the special activity permit from City Council and the date and time of the
City Council meeting in which the application will be reviewed. The applicant shall
provide names and addresses of each affected property owner, obtained from the
Volusia County Property Appraiser's office.
21 -37.05 — Special Activity Permit Criteria
a. The proposed activity will not result in unsafe ingress /egress for either pedestrians or
vehicles.
b. The proposed activity shall comply with the appropriate Florida Fire Prevention
Codes conditions.
c. The proposed activity shall comply with the City's Land Development Code and
noise ordinance conditions.
d. The proposed activity will direct on -site lighting away from adjacent parcels and
roadways.
e. The proposed activity shall have adequate sanitary facilities.
f. The applicant shall post a bond or provide insurance in the amount of $200,000
500,000 if no on -site alcohol consumption is proposed and $1,000,000 if on -site
alcohol consumption is permitted to indemnify and hold the City harmless of any and
all liabilities.
g. The City Council may add other conditions to protect the health, safety and welfare of
the residents.
21 -37.06 — Temporary Structures
It shall be the responsibility of the applicant of the special activity permit to ensure the
structural integrity of all temporary structures erected for special activities. The
structures are to be safe, structurally sound and of adequate capacity to service the
number of persons proposed to use the structure and must be removed with five (5) days
of completion of the special activity. The Building Official and Fire Marshall shall verify
such compliance is obtained.
21 -37.07 — Inspections to Ensure Compliance
The City shall provide scheduled and unscheduled inspections prior to and/or during the
special activity by police, fire, code compliance, building and/or City administration
representatives to monitor and ensure compliance with all applicable City, County and
State codes. Special activity permits that include outdoor entertainment may require a
code compliance officer to remain on site during the activity. The cost of said officer
shall be reimbursed to the City by the sponsor /promoter. Appropriate State agencies are
responsible for the inspection of amusement rides and public food preparation facilities.
21 -37.08 — Penalties
Any person or entity who shall conduct, operate or maintain a special activity and fails to
obtain a special activity permit shall be ordered to cease and desist and be punished by a
fine of three times the cost of the application fee as well as all associated City fees. No
further special activities shall be authorized until all penalties are current. A repeat
offender shall not be eligible for a special activity permit for a one -year period. A repeat
offender is defined as a sponsor /promoter who violates any of the conditions of the
special activity permit more than one time in a six -month period.
21 -37.09 — Exceptions
Any special activity sponsored/promoted by a civic group or non - profit organization or
co- sponsored by the City of Edgewater may be exempt from any and all fee
requirements. This decision shall be rendered by the City Council and any waiver
granted regarding these requirements is only binding and applicable upon that one
activity or portion thereof and shall not mean that the sponsor /promoter has any rights to
future waivers.
CITY OF EDGEWATER
PLANNING AND ZONING BOARD
INFORMATION SUMMARY
CASE # TA-1003
APPLICANT /AGENT: City of Edgewater
REQUESTED ACTION: Land Development Code text amendment to enact Article X — Boat
Slip Allocation pursuant to Phase II, the Boat Facility Siting Component of the Volusia
County Manatee Protection Plan (MPP) as endorsed by City Council in August 2005.
BACKGROUND: As directed by the State, Volusia County was one of thirteen (13) counties
charged with developing a MPP. The goal of the MPP is to reduce manatee injury and
mortality while taking into consideration natural resources, recreational usage and
economic factors.
Phase II of the Manatee Protection Plan sets forth framework for permitting of boat slips
along our waterways. The City received approval from the State to utilize the "slip
aggregation" option, which creates a level of service for the number of slips that resulted in
798 motorized slips along our shoreline. Upon subtracting existing slips and residential
parcels (of record as of 07/13/2005), there are 418 spaces available in the excess boat slip
pool. The excess boat slip allocation is provided to allow for a fair and reasonable means of
authorizing development of the limited number of boat slips allocated to the City
OTHER MATTERS: There will be two (2) public hearings at City Council for the proposed
amendments.
STAFF RECOMMENDATION
Staff recommends sending a favorable recommendation to City Council for the amendment
to the Land Development Code.
MOTION
Motion to send a favorable recommendation to City Council for the amendment to the Land
Development Code.
G: \Planning and Zoning Board \Info Summaries \2010 \TA -1003 -Art X.doc
ARTICLE X
BOAT SLIP ALLOCATION
SECTION 21 -110 - PURPOSE X -1
SECTION 21 -111- DEFINITIONS X -1
SECTION 21 -112 - PROCEDURES X -2
21- 112.01- General Requirements. X -3
21- 112.02- Criteria X -3
21- 112.03- Effect of Approval X -4
21- 112.04- Application Process. X -5
SECTION 21 -113- FEES X -5
21- 112.01- Renewal of Use Fee X -6
Article X
ARTICLE X
BOAT SLIP ALLOCATION
Sec.21.110 - PURPOSE
(a) Provide for the development of boat slips by right on properties adjacent to the Indian
River. The excess boat slip allocation is provided to allow for a fair and reasonable means of
authorizing development of the limited number of boat slips allocated to the City, in accordance
with the Volusia County Manatee Protection Plan.
(b) The City of Edgewater Comprehensive Plan, Future Land Use Element, Objective 1.2:
Natural Resource Protection, Policies 1.2.12 - 1.2.17 in accordance with the Volusia County
Manatee Protection Plan and City of Edgewater Resolution No. 2005 -R -11, limits the number of
boat slips allowed in the city on, adjacent to, or with direct access to, the Indian River.
Information received on July 13, 2005 from Florida Fish and Wildlife Conservation Commission
regarding the slip aggregation option assessment for the City of Edgewater, states the maximum
number of slips permitted is 798. This number includes 160 slips allocated to waterfront parcels
currently zoned or used for single - family residential purposes. Additionally, 220 slips are
allocated for existing non - residential slips, leaving available 418 in the slip pool. A minimum of
15% of the 798 allocated slips shall be allocated to the City for public access use. This quantity
may be reassessed and revised with the approval of City Council. The regulations are intended to
provide a fair and reasonable means of allocating the available boat slips for new development
maximize public access to the waterway, promote public use, and protect the riparian rights of
property owners.
Sec.21.111 - DEFINITIONS
(a) Boat trailer space — A parking space associated with a boat ramp, marina or other
water- related facilities designed to accommodate a boat trailer and vehicle used to
tow the trailer. Such space must have direct access to the Indian River within the
Edgewater municipal boundaries.
(b) Commercial slip — Any slip, other than a Single - Family Residential Slip/Dock.
(c) Dry dock/storage — A commercial storage space for a boat located out of the water
but with direct or adjacent access to the Indian River within the City of Edgewater
municipal boundaries.
(d) Excess slip /excess boat slip pool. Any slip that has not been previously allocated for
single - family residential purposes or allocated for existing non - residential slips and is
X -1
within the maximum number of permitted slips for the city. The number of available
excess slips will make up the slip pool. The slip pool is based on the State approved
total number of 798 allowable slips was subtracted by the number of existing single -
family parcels as of 7/13/2005 resulting in 418 excess boat slips in the slip pool. The
City Council may authorize development of boat slips in excess of the number
permitted by right in accordance with the procedure set forth within this article.
(e) Shoreline. The shortest horizontal straight line that can be established between points
on the side lot lines at the mean high water line of a lot or parcel abutting the Indian
River.
(f) Slip or boat slip. Any space located on, adjacent to, or with direct access to the river,
which space is designed for the mooring or storage of motorized watercraft or a motor
vehicle with attached boat trailer. The term includes wet and dry mooring or storage
spaces. The term excludes any space designated exclusively for the mooring or
storage of sailboats, and excludes any space designated for transitory use only such as
restaurant, bait shop, or fuel dock spaces. Piers authorized only for fishing, or
observation, are not considered wet slips.
(g) Slip inventory. The city shall maintain and continuously update a boat slip inventory
list for the purpose of determining remaining boat slip capacity. The inventory shall
specifically identify:
1. The number of slips that currently exist;
2. The number of undeveloped slips for which permits have been issued;
3. The number of undeveloped slips reserved;
4. The number of unreserved slips remaining; and
5. The number of slips designated for non - motorized vessels.
(h) Slip pool or excess boat slips allocation fee — A fee established by the City of
Edgewater and deposited in the Edgewater Manatee Trust Fund, is to be remitted to
the City for each slip allocated from the slip pool.
Sec. 21.112 - PROCEDURES
(a) Requests for excess boat slip allocation shall be submitted to the City in accordance
with the general application requirements and procedures set forth in this Article.
(b) The City Council may grant requests for excess boat slip allocation at a public
hearing after notice provided by legal advertisement.
X -2
Sec. 21.112.01— General Requirements
(a) Single family residential:
1. A single - family residential parcel shall have the right to and be allocated no more
than one boat slip without applying for excess slip(s). Single - family residential
parcels with Indian River frontage shall not be denied their riparian rights to
construct a minimum of one (1) motorized boat slip per parcel. The single - family
parcels of record that do not contain a boat slip but were permitted as such were
calculated as existing and previously deducted from the slip pool and shall not be
further deducted from said slip total. However, if a single - family parcel
previously calculated as existing is further subdivided, then the additional parcels
shall be deducted from the slip total.
2. The owners of two or more adjacent waterfront parcels zoned for or in use a
single - family residences may jointly construct and maintain a dock, subject to
compliance with applicable provisions of State law and Chapter 18- 21.004(4)(c),
Fla. Admin. Code (2009), or as that section may be amended. A dock serving
multiple parcels shall have the right to and be allocated no more than one boat slip
for each upland single - family residential unit for which it serves without applying
for excess slip(s).
(b) Non - single family residential. All non - single family residential shall be considered the
same as commercial allocation.
(c) Commercial. The City Council may authorize development of commercial boat slips
in consideration of the remaining slips in excess slip pool and the net public benefit to
be derived from the project.
(d) Availability. Slips shall be allocated on a "first come, first served" basis.
Sec. 21.112.02 - Criteria
The City Council shall evaluate the number of excess slips remaining in the City's
inventory and allocate the excess slips based on a finding of net public benefit to be derived from
the project. The finding of net public benefit shall be based on the effect the project has on
public use and access to the waterway, including but not limited to the following factors:
(a) The number of excess slips in the project that will be made available for purchase,
lease or use by the general public.
X -3
(b) Construction expansion or improvements to new or existing public spaces, parks,
plazas, walkways or other features providing access to the waterfront for the general
public, on or off -site.
(c) Parking spaces associated with a boat ramp, marina or other water - related facilities
designed to accommodate a boat trailer and vehicle used to tow the trailer shall be
considered a boat slip for allocation purposes. Such space must have direct access to
the Indian River within the Edgewater municipal boundaries.
(d) Construction expansion or improvement of a public dock or boat ramp and related
facilities.
(e) Redevelopment of upland uses in a redevelopment area consistent with the adopted
area plan.
(f) Preservation of upland historic properties or structures.
(g) Construction or allocation of excess slips designed to benefit an underserved segment
of the boating public.
(h) Acquisition of upland for public use.
(i) Improvements to existing water - related facilities for use by the general public.
(j) Financial contribution toward a project as described above or any public project that
will enhance public use of and access to the waterway, and riparian lands within the
City.
Sec. 21.112.03 - Effect of Approval
(a) Reservation. Slips may be reserved from the slip pool through payment of a boat slip
reservation application fee. All lots of record as of July 13, 2005 (other than single -
family) shall be afforded a one -time opportunity to reserve slips. An excess boat slip
reservation application fee for the slip shall have the effect of placing a reservation on
the allocated boat slips for a 3 -year period, provided the annual reservation fee is
paid. Any slips reserved during this period shall be removed from the available slip
pool and held in reserve for those that have paid the boat slip reservation application
fee. Any number of slips the applicant does not build during the above - referenced
reservation period shall be returned to the slip pool.
(b) Reservation fee. Upon approval by the City Council, the boat slips shall be reserved
provided the applicant pays 100% of the boat slip reservation fee within fifteen (15)
days from the date of approval. This fee is non - refundable without the authorization
of the City Council. At their discretion, the City Council may approve a refund, less a
X -4
five percent (5 %) administrative fee, if the applicant makes the request within one (1)
year of date of initial approval.
(c) Use Fee. All applicants receiving allocation of any slips from the excess slip pool
after the adoption of this Article will be required to pay an annual renewal use fee.
The fees will be used to establish a Manatee Conservation Trust Fund to provide
funding for increased enforcement of manatee speed zones, additional equipment for
on- the -water enforcement efforts, and manatee conservation and education in an
effort to support aquatic habitat conservation and restoration efforts designed to
protect manatees on the Indian River.
(d) Construction. Applicant has three (3) years from the date of City Council approval to
begin construction of the assigned excess boat slips. If construction does not begin
within three years, the right to develop the slips shall expire and the reserved slips
shall be released and returned to the slip inventory as available.
(e) Extensions to timetable of approved reserved slips. Reserved boat slips may be
extended for a period of one (1) year administratively by the city manager or designee
provided the applicant can demonstrate significant good faith efforts in moving
toward construction permitting approval. The City will determine good faith effort
based on the applicant's attempt to secure required permitting. These attempts should
be initiated at the onset of slip allocation approval and show evidence of continuous
progress throughout the initial three (3) year approval window.
Sec. 21.112.04 - Application Process
(a) Projects including new or expanding boat facilities (with the exception of single -
family residential slip /docks that presently have a single slip presently allocated to the
parcel) shall submit a excess boat slip allocation request to the Development Services
Department along with their building permit and/or site plan submittal.
(b) Projects including new or expanding boat facilities requesting excess slips to be
allocated from the slip pool will be considered based on finding of net public benefit
to be derived from the project and shall require approval from City Council.
(c) The number of excess boat slips allocated to a project will become a condition of the
Development Order. In the event a Development Order expires prior to the expiration
of the permitted reserved slip allocation expiration, the allocated slips will
automatically be revoked, and the number of slips shall be placed back into the slip
pool.
Sec. 21.113 - FEES
(a) The City Council shall establish the following fees in the Fee Resolution.
X -5
(b) The Boat Slip allocation Permit fee will be collected, along with the Volusia County
mitigation fee, at the time of building permit issuance.
Excess Boat Slip Allocation Permit
1. Reservation and extension application fee, per slip per year
2. Single family residence application fee, per slip
3. Non - single family residence application fee, per slip
4. Commercial boat slips application fee
Excess Boat Slip Annual Use Renewal
1. Single family residence annual use fee, per slip
2. Non - single family residence annual use fee, per slip
3. Commercial boat slips annual use fee
Sec. 21.113.01 - Renewal of Use Fee
(a) The renewal of the excess boat slip annual Use Fee will be due on October 1 of each
year from the time of permit issuance.
(b) Any excess boat slip pool allocation renewal use fee that is not received within 30 days
beyond the due date will receive a Notice of Violation requesting remittance of the fee. If
the renewal fee is not satisfied within 30 days of issuance of the Notice of Violation, the
City of Edgewater may impose appropriate liens equivalent to the excess boat slip pool
allocation renewal use fee and any additional filing and administration fees. The lien shall
be placed on the real property, and may be compounded annually, that the excess boat
slip is assigned to.
X -6
Page 1 of 1
D Lear
From: Pat Card [hpatcard @bellsouth.net]
Sent: Thursday, July 29, 2010 11:48 AM
To: D Lear
Subject: Planning and Zoning Board Appointment
Daren, just a note to confirm that it is my desire to be reappointed to the Planning and Zoning board for another three year term.
I consider it a privilege to serve on the board and hope I will be reappointed.
Thanks
Pat Card
7/29/2010
Tabitha Russell
From: D Lear
Sent: Tuesday, August 17, 2010 11:58 AM
To: Tabitha Russell
Subject: RE: September P & Z
TA -1004- The City of Edgewater, requesting amendments to the City of Edgewater Land Development Code,
Article III, Section 21- 36.07- Boat Docks and Slips.
Original Message
From: Tabitha Russell
Sent: Tuesday, August 17, 2010 11:42 AM
To: D Lear
Subject: September P & Z
Advertising for the above is due to Bonnie by Friday.
1