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04-18-2011
g City of E PUBLIC NOTICE At 5:30 p.m. on Monday, Apr 18 , 2011 City Counc will meet in Council Chambers, 104 N. Riverside Drive, to have photos taken. Office of the City Clerk P.O. Box 100 •Edgewater, FL 32132 0100 (386) 424 -2400 Ext 1101 • Fax (386) 424 -2410 wwtu. cityofedg org Voting Order Councilman Cooper Mayor Thomas Councilman Kennedy Councilwoman Bennington Councilman Ignasiak AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING April 18, 2011 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES a. Special Meeting/Executive Session — February 7, 2011 b. Regular Meeting — February 7, 2011 c. Special Meeting/Executive Session — March 7, 2011 d. Regular Meeting — March 7, 2011 3. PRESENTATIONS / PROCLAMATIONS /PLAQUES /CERTIFICATES/DONATIONS a. James Halleran, of James Moore & Company, presenting the FY 2010 Comprehensive Annual Financial Report. 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. a. Addendum No. 2 — Engineering Contracts: Quentin L. Hampton Associates, Inc., B &H Consultants Inc., CPH Engineers Inc., and Tindale- Oliver & Associates Inc., renewing contracts by a one — year term from August 13, 2011 through and until August 13, 2012. b. Consideration of Work Order #2007 -11, B &H Consultants Inc., for the US Highway 1 Sidewalk Project and authorization for the City Manager to execute and all pertinent budget amendments. City Council Agenda April 18, 2011 Page -2- c. Request to Piggyback City of Tampa's Bid for Pump Repairs with Florida Bearings, Inc. for the Wastewater Treatment Plant, and approval of the associated budget amendment. d. Approval of Addendum No. 1 to the Lawn Maintenance Agreement with Glencoe Lawns, Inc., extending the Agreement to April 19, 2012. 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 2 " Reading — Ordinance No. 2011 -0 -02: Annexing 1.36± acres of land located at 4497 S. US Highway 1. b. 2 " Reading — Ordinance No. 2010 -0 -23: Amending the City's Comprehensive Plan pursuant to the Evaluation and Appraisal Report (EAR) Based amendments. c. l Reading — Ordinance No. 2011 -0 -05: Amending and restating Article II (Definitions) and Article III (Permitted, Conditional, Accessory & Prohibited Uses), Section 21 -33 (Uses and Restrictions) of Chapter 21 (Land Development Code). d. Resolution No. 2011 -R -07: Approving the Local Agency Program (LAP) Agreement, FPN # 430183- 1 -38 -01 between the City of Edgewater and the Florida Department of Transportation (FDOT) to facilitate the design of the U.S. 1 Sidewalk Project. e. Resolution No. 2011 -R -08: Adoption of the City of Edgewater Community Redevelopment Agency (CRA) Finding of Necessity. f. Resolution No. 2011 -09: Supporting the East Central Florida Regional Rail Trail. 9. BOARD APPOINTMENTS a. Economic Development Board - Councilman Kennedy's appointment due to the resignation of Bob Williams, whose term expires on March 20, 2012. b. Police Officers' Pension Board of Trustees - Councilman Kennedy's appointment due to the expired term of Ferd Heeb, whose term expires on May 21, 2011 and is seeking reappointment. c. Citizen Code Enforcement Board - Councilman Kennedy's appointment due to the expired term of Gail Anderson, whose term expired on March 17, 2011 and is seeking reappointment. d. Citizen Code Enforcement Board — Councilwoman Bennington's appointment due to the expired term of Glenn Barnhill, whose term expires on April 21, 2011 and is seeking reappointment. e. Construction Board of Adjustments & Appeals — Mayor Thomas' appointment due to the resignation of Trey Harshaw (Property or Casualty Agent), whose term expires on December 13, 2012, f. Construction Board of Adjustments & Appeals - Councilman Kennedy's appointment due to the resignation of Mat Ratra (Citizen at Large), whose term expires on December 13 2011. 10. OTHER BUSINESS a. Authorization for the City Manager to execute the Volusia County Emergency Medical Services Contingency Transport Application. b. City Staff requesting approval for the use of banner signs to advertise the Edgewater Farmers Market, along fences of the baseball and soccer fields for sponsorship and any upcoming events for the amphitheater. c. Request to Purchase a Kenworth T370 Garbage Truck from Kenworth of Central Florida in the amount of $134,047.00 and approval of the associated budget amendment. City Council Agenda April 18, 2011 Page -3- d. Request to Purchase a Kenworth T370 Grapple Truck from Kenworth of Central Florida in the amount of $138,945.00 and approval of the associated budget amendment. e. Request for approval of Final Change Order # 2 with McMahan Construction Company, Inc., for the construction of four water supply wells and authorize the City Manager and Mayor to execute the document and approval of the associated budget amendment. f. Ratification of the Edgewater Professional Firefighters International Association of Fire Fighters (IAFF) Union Agreement. 11. OFFICER REPORTS a. City Clerk b. City Attorney i. Mediation Settlement Agreement — Kimberlee Sherrod as mother and natural guardian of Nicholas Erwin v. City — Case #2009 - 21148 -CINS ii. Status of Mediation Settlement Agreement — Julie King v. City — Case #2010- 20728 -CINS. c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN The next City Council Meeting will be held on May 16, 2011 at 6:00 p.m. 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 Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386 -424 -2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1- 800 -955 -8771. 1 R varito Jettio City of i w GEWA PUBLIC NOTICE At 5:30 p.m. on Monday, April 18, 2011 City Council will meet in Council Chambers, 104 N. Riverside Drive, to have photos taken. 1 I i i i Office of the City Clerk 1 P.O. Box 100 • Edgewater, FL 32132 -0100 (386) 424 -2400 Ext. 1101 • Fax (386) 424 -2410 www.cayofedgewater.org Voting Order Councilman Cooper Mayor Thomas Councilman Kennedy Councilwoman Bennington Councilman Ignasiak AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING April 18, 2011 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES a. Special Meeting/Executive Session — February 7, 2011 b. Regular Meeting — February 7, 2011 c. Special Meeting/Executive Session March 7, 2011 d. Regular Meeting — March 7, 2011 3. PRESENTATIONS / PROCLAMATIONS /PLAQUES /CERTIFICATES/DONATIONS a. James Halleran, of James Moore & Company, presenting the FY 2010 Comprehensive Annual Financial Report. 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. 5. APPROVAL OR CHANGES /MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. a. Addendum No. 2 — Engineering Contracts: Quentin L. Hampton Associates, Inc., B &H Consultants Inc., CPH Engineers Inc., and Tindale- Oliver & Associates Inc., renewing contracts by a one — year term from August 13, 2011 through and until August 13, 2012. b. Consideration of Work Order #2007 -11, B &H Consultants Inc., for the US Highway 1 Sidewalk Project and authorization for the City Manager to execute and all pertinent budget amendments. City Council Agenda April 18, 2011 Page -2- c. Request to Piggyback City of Tampa's Bid for Pump Repairs with Florida Bearings, Inc. for the Wastewater Treatment Plant, and approval of the associated budget amendment. d. Approval of Addendum No. 1 to the Lawn Maintenance Agreement with Glencoe Lawns, Inc. extending the Agreement Aril 1 2 12 e to 9 0 g April PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 2 Reading — Ordinance No. 2011 -0 -02: Annexing 1.36± acres of land located at 4497 S. US Highway 1. b. 2 Reading — Ordinance No. 2010 -0 -23: Amending the City's Comprehensive Plan pursuant to the Evaluation and Appraisal Report (EAR) Based amendments. c. l Reading — Ordinance No. 2011 -0 -05: Amending and restating Article II (Definitions) and Article III (Permitted, Conditional, Accessory & Prohibited Uses), Section 21 -33 (Uses and Restrictions) of Chapter 21 (Land Development Code). d. Resolution No. 2011 -R -07: Approving the Local Agency Program (LAP) Agreement, FPN # 430183- 1 -38 -01 between the City of Edgewater and the Florida Department of Transportation (FDOT) to facilitate the design of the U.S. 1 Sidewalk Project. e. Resolution No. 2011 -R -08: Adoption of the City of Edgewater Community Redevelopment Agency (CRA) Finding of Necessity. f. Resolution No. 2011 -09: Supporting the East Central Florida Regional Rail Trail. 9. BOARD APPOINTMENTS a. Economic Development Board - Councilman Kennedy's appointment due to the resignation of Bob Williams, whose term expires on March 20, 2012. b. Police Officers' Pension Board of Trustees - Councilman Kennedy's appointment due to the expired term of Ferd Heeb, whose term expires on May 21, 2011 and is seeking reappointment. c. Citizen Code Enforcement Board - Councilman Kennedy's appointment due to the expired term of Gail Anderson, whose term expired on March 17, 2011 and is seeking reappointment. d. Citizen Code Enforcement Board — Councilwoman Bennington's appointment due to the expired term of Glenn Barnhill, whose term expires on April 21, 2011 and is seeking reappointment. e. Construction Board of Adjustments & Appeals — Mayor Thomas' appointment due to the resignation of Trey Harshaw (Property or Casualty Agent), whose term expires on December 13, 2012, f. Construction Board of Adjustments & Appeals - Councilman Kennedy's appointment due to the resignation of Mat Ratra (Citizen at Large), whose term expires on December 13 2011. 10. OTHER BUSINESS a. Authorization for the City Manager to execute the Volusia County Emergency Medical Services Contingency Transport Application. b. City Staff requesting approval for the use of banner signs to advertise the Edgewater Farmers Market, along fences of the baseball and soccer fields for sponsorship and any upcoming events for the amphitheater. c. Request to Purchase a Kenworth T370 Garbage Truck from Kenworth of Central Florida in the amount of $134,047.00 and approval of the associated budget amendment. City Council Agenda April 18, 2011 Page - 3- d. Request to Purchase a Kenworth T370 Grapple Truck from Kenworth of Central Florida in the amount of $138,945.00 and approval of the associated budget amendment. e. Request for approval of Final Change Order # 2 with McMahan Construction Company, Inc., for the construction of four water supply wells and authorize the City Manager and Mayor to execute the document and approval of the associated budget amendment. f. Ratification of the Edgewater Professional Firefighters International Association of Fire Fighters (IAFF) Union Agreement. 11. OFFICER REPORTS a. City Clerk b. City Attorney i. Mediation Settlement Agreement — Kimberlee Sherrod as mother and natural guardian of Nicholas Erwin v. City — Case #2009 - 21148 -CINS & ii. Mediation Settlement Agreement — Julie King v. City — Case #2010- 20728 -CINS. c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN The next City Council Meeting will be held on May 16, 2011 at 6:00 p.m. 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 Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386- 424 -2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1- 800 -955 -8771. AGENDA REQUEST C.A. #2011-034 Date: April 5, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT April 18, 2011 BUSINESS ITEM DESCRIPTION: Addendum Number 2 - Engineering Contracts: Quentin L. Hampton Associates, Inc., B &H Consultants, Inc., CPH Engineers, Inc., & Tindale- Oliver & Associates, Inc. BACKGROUND: In 2007, the City went out for proposals for engineering services and on August 13, 2007 entered into contracts with Quentin L. Hampton Associates, Inc., B &H Consultants, Inc., CPH Engineers, Inc., and Tindale- Oliver & Associates, Inc. for engineering services. The initial term of agreement was for a three (3) year period with an additional renewal option for three (3) additional terms of one (1) year each. In 2010, City Council approved Addendum Number 1 which extended the contract time by and through August 13, 2011. All parties wish to utilize the second renewal option to extend the contract by another one (1) year term from August 13, 2011 through and until August 13, 2012. Execution of the attached Addendum #2 for each engineering firm shall only extend the term of contract for the one (1) year period with all other terms of the August 13, 2007 agreement remaining the same. STAFF RECOMMENDATION: Staff recommends that the City Council consider approval of Addendum #2 to the Professional Services Agreements with Quentin L. Hampton Associates, Inc., B &H Consultants, Inc., CPH Engineers, Inc., and Tindale - Oliver & Associates, Inc. ACTION REQUESTED: Motion to approve Addendum #2 to the Professional Services Agreements with Quentin L. Hampton Associates, Inc., B &H Consultants, Inc., CPH Engineers, Inc., and Tindale- Oliver & Associates, Inc. and authorize the City Manager to execute the documents. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: 4 i . ■.■ � �U Tracey �. arlow Robin L. Matusick City / anager Paralegal ADDENDUM NUMBER 2 TO THE PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES BETWEEN THE CITY OF EDGEWATER AND B & H CONSULTANTS, INC. By Agreement made and entered into this day of , 2011, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY ") and B & H CONSULTANTS, INC., (hereinafter referred to as "Engineer"). WITNESSETH The CITY and Engineer mutually agree to amend that certain Agreement between the CITY and Engineer made and entered into on August 13, 2007 as follows: 1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from August 13, 2011 through and until August 13, 2012. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: B & H CONSULTANTS, INC. James W. Shira, P.E. Vice - President Dated: (Agreement \Engineers -B &H- Addendum #2 -2011) ADDENDUM NUMBER 2 TO THE PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES BETWEEN THE CITY OF EDGEWATER AND CPH ENGINEERS, INC. By Agreement made and entered into this day of , 2011, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY ") and CPH ENGINEERS, INC., (hereinafter referred to as "Engineer "). WITNESSETH The CITY and Engineer mutually agree to amend that certain Agreement between the CITY and Engineer made and entered into on August 13, 2007 as follows: 1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from August 13, 2011 through and until August 13, 2012. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: CPH ENGINEERS, INC. David A. Gierach, P.E. President Dated: (Agreement\Engineers -CPH- Addendum #2 -2011) ADDENDUM NUMBER 2 TO THE PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES BETWEEN THE CITY OF EDGEWATER AND QUENTIN L. HAMPTON ASSOCIATES, INC. By Agreement made and entered into this day of , 2011, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY ") and QUENTIN L. HAMPTON ASSOCIATES, INC., (hereinafter referred to as "Engineer "). WITNESSETH The CITY and Engineer mutually agree to amend that certain Agreement between the CITY and Engineer made and entered into on August 13, 2007 as follows: 1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from August 13, 2011 through and until August 13, 2012. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: QUENTIN L. HAMPTON ASSOCIATES, INC. David A. King, P.E. Vice - President Dated: (Agreement \Engineers -QLH- Addendum #2 -2011) ADDENDUM NUMBER 2 TO THE PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES BETWEEN THE CITY OF EDGEWATER AND TINDALE - OLIVER & ASSOCIATES, INC. By Agreement made and entered into this day of , 2011, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY ") and TINDALE - OLIVER & ASSOCIATES, INC., (hereinafter referred to as "Engineer "). WITNESSETH The CITY and Engineer mutually agree to amend that certain Agreement between the CITY and Engineer made and entered into on August 13, 2007 as follows: 1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from August 13, 2011 through and until August 13, 2012. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: TINDALE - OLIVER & ASSOCIATES, INC. Steven A. Tindale, P.E., AICP President Dated: (Agreement\Engineers- Tindale- Oliver- Addendum #2 -2011) PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES B & H CONSULTANTS, INC. This Agreement is made and entered into this 13` day of August, 2007, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter referred to as "CITY "), 104 North Riverside Drive, P. O. Box 100. Edgewater, Florida 32132-0100 and B & H CONSULTANTS, INC., (hereinafter referred to as "Engineer "), P.O. Box 121566, Clermont, FL 34712 -1566. PREMISES WHEREAS, the City wishes to employ a professional engineering firm to assist the City relating to various engineering projects /assignments, and, WHEREAS, the City desires to employ the Engineer in connection therewith upon terms and conditions hereinafter set forth, and the Engineer is desirous of obtaining such employment and has represented that it is qualified and competent to perform such services, and, WHEREAS, in June 2007. the City advertised for "Requests for Proposals" from qualified engineering firms; and WHEREAS, during the City Council meeting on August 13, 2007, Council authorized selection of five (5) engineering firms for continuing professional services in accordance with the "Consultants' Competitive Negotiation Act" (CCNA) pursuant to §287.055, Florida Statutes (2007); and WHEREAS, this Agreement shall constitute a "continuing contract" as defined under the laws of the State of Florida. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter set forth, City and Engineer agree as follows: 1. SCOPE OF PROFESSIONAL SERVICES The Engineer agrees that it shall diligently and timely perform professional services as requested by the City. Engineer understands that the City may request these professional services on an as- needed basis and that the requested services may require preparation and bidding assistance with general civil engineering design and specification; surveying, mapping and plat review /certification; master stormwater and master water /sewer /reclaimed system planning; master infrastructure planning ( stormwater, water, sewer, reclaimed); stormwater, utility (water, sewer and reclaimed) and refuse rate analysis; construction phase services; roadway design and permitting; review of engineering plans (subdivision, site plans, and capital projects) including construction phase services as provided by others; assistance with comprehensive plan amendments, concurrency requirements and capital improvement elements; building permits and plans examination services; (AgreementlEngineering -B &}-t -2007) 1 capital projects (to include but not limited to: Roberts Road widening, southern ground storage tanks and high service pumps, southern reclaimed water storage and high service pumps, bio -solid treatment, Hawks Park expansion, Kennedy Park expansion, Animal Control facility site plan, stormwater capital improvements, site plan for Police/Fire facility.) Upon request for professional services by the City for a specific project, the Engineer shall provide the City with a Scope of Work and detailed itemization of costs and time required to perform those tasks as outlined in the Scope. Upon approval by the City, the Scope of Work, costs and time relating to the Project will be specifically set out and incorporated into a Work Order to be issued under and become a part of this Contract. This Contract standing alone does not authorize the performance of any Work or require the City to place any orders for Work. The City reserves the right to contract with other parties for professional services within the scope of this Contract when it is determined to be in the best interests of the City to do so. The Engineer or his/her designee as approved by the City, agrees to perform the functions of their office in a competent and professional manner. The Engineer shall maintain an adequate and competent staff of professionals and may associate with other qualified firms for the purpose of rendering services hereunder, without cost to the City, and upon approval by the City. The Engineer, however, shall not sublet, assign, or transfer any Work under this Contract without the written consent of the City. 2. TIME FOR COMPLETION The services to be rendered by the Engineer shall be commenced, upon receipt of the Notice to Proceed and Work Order to be issued hereunder, and shall be completed within the time specified therein. In the event the Engineer is unable to complete the services within the time specified because of delays resulting from untimely review and approval by the City, City shall grant a reasonable extension of time for completion of Work upon timely written request for same which shall be given by Engineer to the City no later than 48 hours after such occurrence. In the event there are delays on the part of the City or regulatory agencies as to the approval of any work product submitted by the Engineer, which might delay the project's scheduled completion date, the City shall grant to the Engineer in writing an extension of the Contract time equal to the aforementioned delays. The City shall be solely responsible for determination of whether or any extension of the time for performance should be awarded to the Engineer. 3. AUTHORIZATION FOR SERVICES Authorization for performance of professional services by the Engineer shall be in the form of Work Orders issued by the City. Each Work Order shall describe the Project, the services required, and shall establish the method of payment and time frame. (Agreement/Engineering -B& H -2oo 7) 2 4. COMPENSATION AND METHOD OF PAYMENT A. Upon satisfactory completion ofthe Work required under the appropriate Work Order issued hereunder or any Change Orders thereto, and, upon acceptance of the Work by the City, the Engineer may invoice the full final amount of compensation provided for under the terms of the Work Order less amounts already paid by the City. All invoices, whether partial or final billing, shall be accompanied by appropriate documentation of work accomplished to date. Upon approval of such payment request submitted by the Engineer, City agrees that it will make its best efforts to pay the Engineer within thirty (30) days of receipt of such invoice. If construction management is involved, final payment to the Engineer shall be made by the City within sixty (60) calendar days of City's acceptance ofthe fully executed Certificate of Contract Completion for the Construction Contract and submittal of appropriate documentation and invoicing. 13. At the end of each month the Engineer may submit an invoice for services rendered during that month relating to the Project outlined in the appropriate Work Order. At no time shall the invoices exceed the total amounts negotiated for each task as outlined in the Scope of Services/Work Order regardless of actual hours worked toward completion of the authorized services. C. The City may perform, or cause to have performed, an audit of the records of the Engineer after final payment to support final payment under any Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the Engineer and the City subsequent to the close of the final fiscal period in which the last Work is performed. Total compensation to the Engineer may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall he used to calculate final payment to the Engineer. Conduct of this audit shall not delay final payment as required by Paragraph A of this Section. D. In addition to the above, if federal, state or county funds are used for any Work under this Agreement, the Comptroller General of the United States or of the State of Florida or of the County of Volusia, or any representatives, shall have access to any books, documents, papers, and records of the Engineer which are directly pertinent to Work performed under this Agreement for purposes of making audit, examination, excerpts and transcriptions. The stipulations contained in any federal, state or county grant pertaining to Engineer will be adhered to by the Engineer. Copies of such grants shall be furnished to Engineer. E. The Engineer agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to Work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the contract for audit or inspection as previously provided. Accounting books or records must be maintained for each Work Order. Incomplete or incorrect entries in such books and records may be grounds for disallowance by the City of amounts due based upon such entries. F. In the event any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, Engineer shall refund such overpayment to the City within thirty (30) days of notice by the City. (Agreement/Engineeri ng -B& H -2007) 3 5. CHANGES IN SCOPE OF WORK City or Engineer may request changes that would increase, decrease, or otherwise modify the Scope of Work to be provided under a particular Work Order or this Contract. Such changes and method of compensation must be agreed upon in writing by written Change Order to the Work Order or this Contract prior to any deviation from the terms of the Work Order or the Contract, including the initiation of any extra Work. Such changes, shall not bind the City unless executed with the same formality as the respective Work Order or this Contract. Written Change Orders shall be in form and content acceptable to the City. 6. SUBCONSULTANTS /SEPARATE CONSULTANTS: lfthe Engineer desires to employ Subconsultants in connection with the performance of its Services hereunder: A. Any proposed Subconsultants shall be submitted to the City for written approval prior to Engineer entering into a Subconsultant Agreement. B. Engineer shall coordinate the services and work product of any Subconsultants, and remain fully responsible under the terms of this Agreement. Engineer shall be and remain responsible for professional quality preparation and bidding assistance with general civil engineering design and specification; surveying, mapping and plat review /certification; master stormwater and master water /sewer /reclaimed system planning; master infrastructure planning (stormwater, water, sewer, reclaimed); stormwater, utility (water, sewer and reclaimed) and refuse rate analysis; construction phase services; roadway design and permitting; review of engineering plans (subdivision, site plans, and capital projects) including construction phase services as provided by others; assistance with comprehensive plan amendments, concurrency requirements and capital improvement elements; building permits and plans examination services; capital projects (to include but not limited to: Roberts Road widening, southern ground storage tanks and high service pumps, southern reclaimed water storage and high service pumps, bio -solid treatment, Hawks Park expansion, Kennedy Park expansion, Animal Control facility site plan, stormwater capital improvements, site plan for Police/Fire facility.) C. Any Subconsultant Agreement shall he in writing and shall reflect the terms of this Agreement and require the Subconsultant to assume performance of Engineer's duties commensurately with Engineer's duties to City under this Agreement, it being understood that nothing contained herein shall in any way relieve the Engineer from any of its duties under this Agreement. Engineer shall provide the City with copies of all Subconsultant Agreements upon request of the City. D. Engineer shall cooperate at all times with the City and its other planning consultants or design professionals, and cooperate and coordinate with, and incorporate the Work product of, any separate Engineer /Consultant, planning consultant or design professional retained by the City, in any fashion appropriate or necessary to a Project within the Project Budget and Schedule. (Agreement!Engineering -B &H -2007) 4 7. RESPONSIBILITY OF THE CITY City shall furnish the Engineer with all existing data, plans, maps, and other planning information available and useful in connection with a proposed project on file with the City which shall be returned to the City upon the completion of the services to be performed by the Engineer, unless such data, plans, maps, and other planning information are necessary for daily operations; then such information shall be promptly reproduced or copied by the Engineer and returned to the City. 8. RESPONSIBILITY OF THE ENGINEER A. Engineer shall be responsible for professional quality relating to preparation and bidding assistance with general civil engineering design and specification; surveying, mapping and plat review /certification; master stormwater and master water /sewer /reclaimed system planning; master infrastructure planning (stormwater, water, sewer, reclaimed); stormwater, utility (water, sewer and reclaimed) and refuse rate analysis; construction phase services; roadway design and permitting; review of engineering plans (subdivision, site plans, and capital projects) including construction phase services as provided by others; assistance with comprehensive plan amendments, concurrency requirements and capital improvement elements; building permits and plans examination services; capital projects (to include but not limited to: Roberts Road widening, southern round storage tanks and high service pumps, southern reclaimed water storage and high service pumps, bio- solid treatment, Hawks Park expansion, Kennedy Park expansion, Animal Control facility site plan, stormwater capital improvements, site plan for Police /Fire facility.) Engineer shall, without additional compensation, correct or revise any errors or deficiencies in the planning, designing and re- development or other services produced pursuant to this Agreement. 13. Neither the City's review, approval or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement and the Engineer shall be and remain liable to the City in accordance with applicable law for all damages to the City caused by the Engineer's errors, omissions, misconduct or negligent performance of any of the services furnished under this Agreement. C. In the event that arbitration or litigation becomes necessary for any reason with regard to the terms of this Agreement, the prevailing party shall be due the cost and expense of this action including, but not limited to, court or arbitration costs, interest and reasonable attorney's fees. D. The rights and remedies of the City, provided for under this Agreement, are in addition to any other rights and remedies provided by law. 9. REPRESENTATIVE OF CITY AND Engineer: A. It is recognized that questions in the day -to -day conduct of performance pursuant to this Agreement will arise. The City hereby designates the representative identified under "NOTICES" as the employee to whom all communications pertaining to the day -to -day performance of the Agreement shall be addressed. The designated representative shall have the authority, as the (AgreementlEngineering -B &H -2007) 5 I i City's coordinator for this Agreement, to transmit instructions, receive information, and interpret and define the City's policy and decisions pertinent to the work covered by this Agreement. B. Engineer shall, at all times during the normal work week, designate or appoint one or more representatives who are authorized to act in behalf of the Engineer regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep the City continually advised of such designation in writing. C. For purposes of this Agreement only, designated Engineer representative is: James W. Shira, P.E. B & H Consultants, Inc. P.O. Box 121566 Clermont, FL 34712 -1566 (352)243 -6318 (352)243 -6945 FAX 10. NON - EXCLUSIVE CONTRACT: The City reserves the right at its sole discretion to enter into the contracts with other engineers to provide similar services as those identified herein. 11. TERM OF THE CONTRACT: The term of this Contract shall be for three (3) years from the date first written above. The City, with the mutual agreement of the Engineer may elect to renew the contract for three (3) additional terms of one (1) year each. Engineer shall perform all services authorized during any renewal period in accordance with the terms and conditions herein. 12. TERMINATION: A. The City may, by written notice to the Engineer, terminate this Agreement or any Work Order issued hereunder, in whole or in part, at any time, either for the City's convenience or because of the failure of the Engineer to fulfill his Agreement obligations. Upon receipt of such notice, the Engineer shall: 1. Immediately discontinue all services affected (unless the notice directs otherwise); and 2. Deliver to the City all data, plans, maps, reports, schedules, summaries, and such other information and materials as may have been accumulated by the Engineer in performing this Agreement, whether completed or in process. B. If the termination is for the convenience of the City, the Engineer shall be paid full compensation for services performed to the date of termination. ( Agreement /Engineering -B &H -2007) 6 C. If the termination is due to the failure of the Engineer to fulfill the Agreement obligations, the City may take over the work and prosecute the same to completion by Agreement or otherwise. In such case, the Engineer shall be liable to the City for reasonable additional costs occasioned to the City thereby including, but not limited to, all damages arising from Engineer's breach and all attorney's fees and expenses incurred as a result of any action or proceeding, litigation or arbitration, if applicable, arising therefrom. D. If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the Engineer had not so failed, the termination shall be deemed to have been effected for the convenience of the City. In such event, adjustment in the Agreement price shall be made as provided in Paragraph B of this Section and such adjustment in Agreement price shall be deemed to be the sole remedy of the Engineer. E. The City reserves the right to cancel and terminate this Contract, without penalty, in the event that the Engineer or any employee, servant, or agent of the Engineer is indicted or has any direct information issued against him for any crime arising out of or in conjunction with any work being performed by the Engineer for or on behalfofthe City. It is understood and agreed that in the event of such termination, the Engineer shall be compensated for services rendered under this Contract up to the time of termination in accordance with this Paragraph. The City also reserves the right to terminate and cancel this contract in the event that the Engineer shall be placed in either voluntary or involuntary bankruptcy or an assignment be made far the benefit of Engineer's creditors. F. The rights and remedies ofthe City provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. G. The Engineer shall have the right to terminate for failure of the City to fulfill its Agreement obligations and all other rights and remedies otherwise available to Engineer under law. 13. INDEMNIFICATION OF CITY: A. To the fullest extent permitted by law, the Engineer shall indemnify and hold harmless the City and its employees, from and against damages, losses, and expenses, including but not limited to reasonable attorney's fees and other reasonable legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for each witness testimony, arising out of or resulting from the performance of services required under this Agreement, provided that same is caused by the error, omission, negligent act, or misconduct of the Engineer, its agents, servants, employees, or Subconsultants. In accordance with Florida Statutes, Chapter 725, adequate consideration has been provided to the Engineer for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this section by an employee of the Engineer or Subconsultants, anyone directly or indirectly employed by them or anyone for whose acts they may be legally liable, the indemnification obligation under this section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Engineer or its agents or Subconsultants, under Workers' Compensation acts, disability benefit acts, or other employee (Agreernent /Engineering -B &H -2007) 7 benefit acts. 13. The execution of this Agreement by the Engineer shall obligate the Engineer to comply with the foregoing indemnification provision; however, the collateral obligation of insuring this indemnity must be complied with as set forth below. C. The City will require that any engineer /consultant, performing work in connection with data collection, plans, maps, reports, schedules and summaries produced under this Agreement, agrees to hold harmless and indemnify the City and Engineer, their consultants and each of their officers and employees from any and all losses or damages arising out of the Engineer's (or subconsultant's) performance of the work described in the preparation of any documents, but not including liability that may be due to the negligence of the City, the Engineer, their subconsultants, or their officers and employees. 14. INSURANCE: A. Engineer shall provide, pay for, and maintain in force at all times during the services to be performed, such insurance, including Workers' Compensation insurance, Employer's Liability insurance, Comprehensive General Liability insurance, and Professional Liability insurances as will assure to the City, the protection contained in the foregoing Indemnification undertaken by Engineer. Such policy or policies shall be issued by companies authorized to do business in the State of Florida, and having agents upon whom service of process may be made in Florida. Engineer shall specifically protect the City by naming the City as an additional insured under the Comprehensive General Liability Insurance policy hereinafter described. (1) Professional Liability Insurance: The limits ofliabi lity provided by such policy shall be no less than ONE MILLION AND NO /100 DOLLARS ($1,000,000.00) to insure and hold harmless the City under the indemnification specified in Section 13. (2) Comprehensive General Liability Insurance: The limits of liability provided by such policy shall be no less than FIVE HUNDRED THOUSAND AND NO /100 DOLLARS ($500,000.00) to insure and hold harmless the City pursuant to the indemnification specified in Section 13, for which Consultant is not insured under the terms of its Professional Liability Insurance above specified in Section 14(a). Such insurance coverage shall include, but not be limited to the following: (a) Public Liability Insurance - shall protect the Engineer, its agents and employees from claims for damages for personal injury including accidental or wrongful death, as well as property damage, which may arise from performance or services under this Agreement. The limits of liability provided by such policy or policies shall be no less than ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00) for injuries, including accidental or wrongful death, to any one person, and subject to the same limit for each person an amount not less than TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00) for any one occurrence. ( Agreement /Engineering -B &ti -2007) 8 (b) Property Damage Insurance - Engineer shall carry liability limits of at least ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00) for damages for any one claim and TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00) for damages for any one occurrence. (3) Engineer shall provide to City a Certificate of Insurance required by this Section showing that the City has been named as an additional insured under such policies, or, in the alternative, a certificate evidencing that the required additional endorsement has been obtained under such policies. Such policies shall be provided by an insurer acceptable to the City and the deductible amounts of such policies shall also be subject to acceptance by the City. (4) Each insurance policy shall include the following conditions by endorsement to the policy: (a) Each policy shall require that at least thirty (30) days prior to expiration, cancellation, non - renewal or any material change in coverages or limits, a notice thereof shall be given to the City by certified mail to: Legal Department, P. O. Box 100, Edgewater, Florida 32132 -0100. Engineer shall also notify City, in a like manner, within twenty -four (24) hours after receipt of any notices of expiration, cancellation, non - renewal or material change in coverage received by said Engineer from its insurer; and nothing contained herein shall absolve Engineer of this requirement to provide notice. (b) The City of Edgewater shall be endorsed to the required Comprehensive General Liability policy or policies as an additional named insured. (c) The insurance requirements shall remain in effect throughout the term of this Agreement. B. Said insurance shall be evidenced by delivery to the City of a certificate of insurance executed by the insurers listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not required by the City, and listing all carriers issuing said policies. C. OTHER: City will require that any Engineer performing work in connection with the project for which Engineer is providing professional services, hold harmless, and indemnify City, Engineer, their consultants, and each of their directors, officers and employees from any and all losses, damage and costs, including attorney's fees, arising out of or alleged to arise from the Engineer's performance of the work described in preparation of any documents, but not including liability that may be due to the negligence of City, Engineer, their consultants, or their directors, officers and employees. City will require the Engineer to provide workers' compensation and commercial general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the Engineer's indemnity, as above required; and such insurance shall include City, Engineer, their consultants, and each of their directors, officers, agents and employees as additional insureds. (AgreernentlEngineering -B &H- 2007) 9 The insurance afforded to these additional insureds shall be primary insurance. If the additional insureds have other insurance, which might be applicable to any loss, the amount of the insurance provided under this article shall not be reduced or prorated by the existence of such other insurance. 15. OWNERSHIP OF DOCUMENTS: It is understood and agreed that all documents, including detailed reports, plans, original maps and all other data, prepared or obtained by the Engineer in connection with its services hereunder shall become the property of the City. The Engineer shall not be liable for any use by the City of said documents or data if modified in any manner without written approval of the Engineer. 16. REUSE OF DOCUMENTS: A. Wherever and whenever applicable, all data, documents including maps furnished by Engineer pursuant to this Agreement may be reused by the City for future projects. B. Should the City determine that significant benefits would accrue from such reuse, Work Order(s) will be negotiated on that basis. C. City shall have the right to reuse the data, documents and maps and contract with other parties, not the Engineer. Such reuse will be without need of written approval of the Engineer, however, Engineer shall not be held professionally responsible for any such reuse. City shall indemnify and hold Engineer harmless for any and all damages resulting from such reuse. D. If the City elects to reuse the documents and engage the professional services of the Engineer for future work, Engineer agrees to perform said services for a mutually agrees upon discounted fixed fee to be negotiated under such Change Order for additional Work. If issuance of any Work Order for future work shall require that a "Clerk -of- the - Works" be employed pursuant to the Scope of Work, compensation for his/her services shall be negotiated as part of that Work Order. If any modifications are required to adapt the documents, compensation for such work shall be negotiated. 17. NOTICES: All notices or other communications required or permitted hereunder shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail return receipt requested and addressed as follows: If to City: With Copy to: Legal Department City Manager City of Edgewater City of Edgewater P. O. Box 100 P. O. Box 100 104 North Riverside Drive 104 North Riverside Drive Edgewater, Florida 32132 -0100 Edgewater, Florida 32132 -0100 (386)424 -2400 extension #1203 (386)424 -2400 extension #1202 (Agreement/Engineering -B &H -2007) 10 If to Engineer: James W. Shira, P.E. B & H Consultants, Inc. P.O. Box 121566 Clermont, FL 34712 -1566 (352)243 -6318 18. EQUAL OPPORTUNITY EMPLOYMENT: Engineer agrees that it will not discriminate against any employee or applicant for employment for Work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment, advertising; layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. 19. NO CONTINGENT FEES: Engineer warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Engineer to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount for such fee, commission, percentage, gift or consideration. 20. COMPLIANCE WITH § 287.133, FLORIDA STATUTES: Engineer shall, simultaneous with the execution of this Agreement, if not previously done, execute a public entity crime statement required by §287.133, Florida Statutes, 21. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: The Engineer shall comply with all Federal, State and Local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex or national origin in the performance of work under this Contract. 22. CONFLICT OF INTEREST: Consultant agrees that at the time of the execution of this Contract it has no employment or agreement, oral or written, with any third party relating to any interests which are in conflict with or (Agreement/Engineering -B &H -2007) 11 otherwise inconsistent with any interest or position of the City of Edgewater. Further, Consultant shall not accept during the term of this Contract any retainer or employment from a third party whose interests appear to be conflicting or inconsistent with those of the City of Edgewater. Notwithstanding the foregoing, Consultant may accept employment or retainers from third parties whose interests appear conflicting or inconsistent with those of the City of Edgewater if, after full written disclosure of the facts to the City ofEdgewater, the City ofEdgewater determines that the apparent conflict shall not interfere with the performance of the work within the Scope of Work by the Consultant. 23. ASSIGNMENT: This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered, under any circumstances, by the parties hereto without prior written consent of the opposite party and only by a document of equal dignity herewith. However, this Agreement shall run to the Edgewater City Government and its successors. 24. ALL PRIOR AGREEMENTS SUPERSEDED: A. This Contract incorporates and includes all prior negotiations, correspondence, conservation, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. B. It is further agreed that no modifications, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 25. INDULGENCE NOT WAIVER: The indulgence of either party with regard to any breach or failure to perform any provision of this Agreement shall not be deemed to constitute a waiver of the provision or any provision of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 26. INDEPENDENT CONTRACTOR: It is hereby mutually agreed that the Engineer is and shall remain an independent contractor and not an employee of the City. 27. NO THIRD -PARTY BENEFICIARIES: The Agreements contained herein are for the sole benefit of the parties hereto and their successors and permitted assigns and no other party shall have the right to enforce any provision of this Agreement or to rely upon the provisions of this Agreement. (Agreement/Bngineering -B &H -2007) 12 28. INTERPRETATION; VENUE: In the event it is necessary for either party to initiate legal action regarding this Agreement, venue shall be in the Seventh Judicial Circuit for Volusia County, Florida, for claims under state law and the Middle District of Florida for any claims which are justiciable in federal court. 29. ATTORNEY'S FEES: If the City is required to institute or defend any legal proceedings in connection with this Contract, the Engineer agrees to pay the costs thereof, together with reasonable attorney's fees for the City's attorney in the event such legal proceedings are terminated in favor of the City. IN WITNESS WHEREOF, the parties have hereto caused the execution ofthese documents, the year and date first written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: .- i v 7 Jon C. Will m s 1, . 1. 0 City Manager Dated: C, Je,j) 3 - 4 Ask am► • _ _ • Robin L. Matusick Paralegal WITNESSES: B & H Consultants, Inc. AOre rirA � !r V ..rid" � . �'/ James W. Shira, P.E. Dated: f 0 / Z 7. /ca (Agreement/Engineering -B &H -2007) 13 ADDENDUM NUMBER 1 TO THE PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES BETWEEN THE CITY OF EDGEWATER AND B & H CONSULTANTS, INC. By Agreement made and entered into this 1.6 day of at-e..,,rez, , 2010, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referredio as"CITY") and B & CONSULTANTS, INC., (hereinafter referred to as "Engineer"). WITNESSETH The CITY and Engineer mutually agree to amend that certain Agreement between the CITY and Engineer made and entered into on August 13, 2007 as follows: 1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from August 13, 2010 through and until August 13, 2011. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER, FLORIDA Y 117.- Mc( By: , ra*. T. Barlow Manager ,i,r7y'nk) Dated: -Z. i A WITNESSES: B & H CONSULTANTS, INC. Apr "yr Aor James W. Shira, P.E. Vice-President 404, oe tro , 00. ze e 41h, Dated: (AgreementlEngineers-B&H-Addendum#1-2010) ADDENDUM NUMBER .1 TO THE PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES BETWEEN THE CITY OF EDGEWATER AND CPH ENGINEERS, INC. By Agreement made and entered into this )L0 day of ack ILL , 2010, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referee to as "CITY ") and CPH ENGINEERS, INC., (hereinafter referred to as "Engineer "). WITNESSETH The CITY and Engineer mutually agree to amend that certain Agreement between the CITY and Engineer made and entered into on August 13, 2007 as follows: 1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from August 13, 2010 through and until August 13, 2011. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER, FLORIDA 7 B Tr ey T. Barlow Pity Manager -aC t` lam? Dated: i>L..t.> WITNESSES: CPH ENGINEERS, INC. ( A0114 David A. Gierach, P.E. President C g •.� 1 at ! - .Alia Dated: F J (C 0 i 0 (Agreernent\Engineers- CPH- Addendum# 1 -2010) ADDENDUM NUMBER 1 TO THE PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES BETWEEN THE CITY OF EDGEWATER AND QUENTIN L. HAMPTON ASSOCIATES, INC. By Agreement made and entered into this /44 day of , 2010, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter rabrred to as"CITY") and QUENTIN L. HAMPTON ASSOCIATES, INC., (hereinafter referred to as "Engineer"). WITNESSETH The CITY and Engineer mutually agree to amend that certain Agreement between the CITY and Engineer made and entered into on August 13, 2007 as follows: 1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from August 13, 2010 through and until August 13, 2011. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER, FLORIDA BY: Ade Ali Admmows— ra.r T. ar iw y Manager Y----ith046,-i -- 4(ThThr -- )7 ) -•1/-0-i" Dated: WITNESSES: QUENTIN L. HAMPTON ASSOCIATES, INC. David A. King, P.E. Vice-President lid At Dated: (Agreement\Engineers-QLH-Addendum# 1-2010) ADDENDUM NUMBER 1 TO THE PROFESSIONAL SERVICES AGREEMENT ENGINEERING SERVICES BETWEEN THE CITY OF EDGEWATER AND TINDALE-OLIVER & ASSOCIATES, INC. By Agreement made and entered into this /40,' day of Ci44,„ 2010, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter ra to as"CITY") and TINDALE-OLIVER & ASSOCIATES, INC., (hereinafter referred to as "Engineer"). WITNESSETH The CITY and Engineer mutually agree to amend that certain Agreement between the CITY and Engineer made and entered into on August 13, 2007 as follows: 1) Both parties wish to utilize the option contained in paragraph 11. TERM OF CONTRACT by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from August 13, 2010 through and until August 13, 2011. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER, FLORIDA , k)6.)41, )„„ By: / Tr eiy- T. Barlow ty Manager _ # Dated: 11101 11-1-rii,,,t. frTh WITNESSES: TINDALE-OLIVER & ASSOCIATES, INC. Steven A. Tindale, P.E., AICP President 10 Dated: (Agreement Engineers-Tindal e-Oli v er-A ddendum#1-2010) AGENDA REQUEST Date: April 6, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT April 18, 2011 BUSINESS ITEM DESCRIPTION: B &H Consultants, Inc. — Work Order #2007 - 11 US Highway #1 — Sidewalk Project BACKGROUND: The design, surveying and mapping is the initial phase required prior to the construction of sidewalks along the east and west sides of U.S. #1 from Volco Road to the northern City limits. This project is included in the current year Volusia County TPO's XU Bicycle/Pedestrian Priority Project List with a cost estimate of $1.5 million dollars. The total length of the project is approximately 4.7 miles. Work Order #2007 -11 for B &H Consultants, Inc. is for project management and contract administration services relating to the US #1 Sidewalk Project for design, surveying and mapping. These services are anticipated to continue for approximately twenty -four (24) months with a total not to exceed $74,000.00. Additionally, a budget amendment of $38,000.00 of this total is requested for this fiscal year. STAFF RECOMMENDATION: Staff recommends that the City Council consider approval of Work Order #2007 -11 for B &H Consultants, Inc. for the US Highway #1 Sidewalk Project with authorization for the City Manager to execute and all pertinent budget amendments. ACTION REQUESTED: Motion to approve Work Order #2007 -11 for B &H Consultants, Inc. for the US Highway #1 Sidewalk Project with authorization for the City Manager to execute and all pertinent budget amendments. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES X NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Re ctfully submi t-d, Concurrence: - !ik A , _ A,I 1 1‘ Darr; n Lear ■ acey : arlow Development Se'. ices Director ity : nager Robin L. Matusick Paralegal P.O. # WORK ORDER NO. 2007 -11 AGREEMENT FOR ENGINEERING SERVICES B & H CONSULTANTS, INC. PROJECT: US HIGHWAY #1 — SIDEWALK PROJECT CITY: Edgewater, Florida DESIGN PROFESSIONAL: B & H Consultants, Inc. Execution of Work Order Number 2007 -11 by the City, shall serve as authorization for Engineer to provide additional professional services for the above project. RESPONSIBILITY OF THE ENGINEER: Engineer shall provide said professional services pursuant to this Work Order, to perform the additional professional services as listed in the attached Proposal /Scope of Work (attached and incorporated herein as Exhibit "A "). TIME FOR COMPLETION: The professional services authorized by this Work Order shall not exceed an overall period of twenty -four (24) months. COMPENSATION: The fee for services listed in Exhibit "A" are seventy -four thousand and 00 /100 dollars ($74,000.00). There will be additional charges for reimbursable costs, including but not limited to copies, report materials, postage and mileage. Each invoice shall also be accompanied by a written concurrence from the Development Services Director. 1 (Agreement/B&H-WorkOrder#2007- 1 1) CITY OF EDGEWATER, FLORIDA Dated: By: Tracey T. Barlow City Manager WITNESSES: B & H CONSULTANTS, INC. By: James W. Shira, PE Vice - President Dated: (AgreementB &H- WorkOrder#2007 -11) 2 • EiSgfq Planning • Engineering • GIS Services April 6, 2011 Mr. Darren Lear Development Services Director dlear@cityofedgewater.org 104 North Riverside Drive Post Office Box 100 Edgewater, Florida 32132 Dear Mr. Lear, B &H Consultants, Inc. (B &H) is pleased to present this proposal to the City of Edgewater for project management and contract administration services related to the survey and mapping of a portion of the existing US 1 right of way (ROW) corridor and the design of sidewalks, drainage age improvements and intersection improvements along that portion of US 1, all hereinafter referred to as the Project as more fully described below. Based on our discussions with City of Edgewater personnel and Florida Department of Transportation (FDOT) personnel, it is our understanding that the Project consists of the design of 5 to 6 foot wide concrete sidewalks (approximately 4.7 miles in total length) along the east and west side of US 1 from the northern City limits (10 Street) south to Volco Road. The Project shall include ROW mapping, ROW certification and design survey. The Project shall include design of substantial drainage modifications to the existing rural drainage conveyance and treatment facilities along the US 1 corridor. The Project shall include design of ADA modifications to existing driveways and pedestrian crossings as well as design of modifications to existing intersections along the US 1 corridor including the signalized intersections of Ocean, SR 442, Falcon and Roberts. All survey and design work will be performed by consultants selected in accordance with applicable requirements as more fully discussed below. The selected consultant(s) must be pre - qualified by FDOT in the appropriate work groups (3.1 minor highway design, 6.1 traffic engineering, 7.1 signing, pavement marking and channelization, 7.3 signalization, 8.1 control survey, 8.2 design ROW and construction survey, 8.4 ROW mapping). All design and survey deliverables to be provided by the selected consultant(s) must be completed in accordance with FDOT design and survey specifications. The ROW mapping must be provided in a digital format as required by FDOT. 827 W. Montrose Street • P.O. Box 121566 • Clermont, Florida 34712 -1566 We understand that the planning -level budget is approximately $1.5 million and the proposed schedule for completion of the Project is approximately 21 months from the notice to proceed. Currently the schedule includes an advertisement for design /survey services by May 2011, notice to proceed by July 2011, and completion of the design and survey /mapping by April 2013. Our Scope of Service for assisting the City with the management of the Project shall consist of design coordination between the selected engineer(s) /surveyor(s) and the City /FDOT. Our services shall include project management and contract coordination. B &H shall not provide any design, permitting or surveying/mapping services and B &H shall not be responsible for the design /survey deliverables to be provided by the selected design /survey consultant team. The Project shall be completed in accordance with FDOT specifications and FDOT staff shall provide necessary technical review of the design and survey work products. B &H will review those deliverables on behalf of the City, and will provide any comments to FDOT. At all stages of the Project, final approval of the design plans, permit applications, survey documents, specifications and all other project documents or deliverables rests with FDOT. It is our understanding that the Project is funded and approved with the use of Federal funds and FDOT authorization. This is a LAP (local agency program) project and will require additional coordination between FDOT and the City based on the Federal funding guidelines and reporting criteria. In summary, the Project will be managed and controlled by the City of Edgewater, all design and survey work will be provided subject to FDOT standards and FDOT staff will provide the technical review and approval of the design and survey /mapping deliverables. B &H proposes to perform the above - described services at a rate of $50.00 per hour with a total amount not to exceed $74,000. If it is later determined that total hours will exceed the scope of work required to complete the project, B &H shall request an amendment to the agreement for authorization of additional hours. Note this is an hourly not -to- exceed proposal and only actual hours worked will be invoiced. B &H will invoice the City on a monthly basis. A brief description of each of the several proposed tasks is provided below. Task 1 Coordination This task shall include the necessary meetings with FDOT staff (Bill Liatsos, Turshar Patel, Gary Bass and Deborah Mott) to develop the Project funding, schedule and define the roles of FDOT and the City. Task 2 Advertisement This task shall include the development of an advertisement for the City to place in newspapers, electronic advertising media, "plan rooms ", etc., for the procurement of design and survey consultant(s). The advertisement will include a Project description, designate the FDOT design and survey criteria, describe the consultant selection criteria and will describe a selection schedule. Task 3 Pre - Submittal Meeting This task shall enable the proposing consultants to meet publicly and ask questions, obtain additional information from FDOT and learn of any existing plans, ROW surveys or other existing data. The consultants will review the Project corridor and raise any issues they may offer. The City will respond in writing to questions and provide an addendum to the advertisement if necessary. Task 4 Proposal Opening, Review and Comments This task shall include the coordination of the opening of the proposals and a review of the proposals for content as well as preparation of any follow -up questions of the consultants as needed. Coordination with the FDOT staff will be necessary. Task 5 Consultant Selection Process This task shall include coordination of the selection process for the design and survey consultants in accordance with the requirements of the Consultants Competitive Negotiation Act and other applicable Florida Statutes. It will include a public presentation, scoring and a report to the City Council presenting the names of the firms that responded to the advertisement and the ranking of each firm. Coordination with the FDOT staff will be necessary. The City Council shall have final authority in selection of the consultants. Task 6 Notification of Award This task includes preparation of a notification of award to the selected consultant(s) and a letter informing other firms of their non - selection. Task 7 Project Kick -Off Meeting This task shall include the initial meeting with the selected consultant(s), City staff and FDOT staff. The purpose is to define the details of the Project and have the consultant(s) initiate the development of a final scope of services, schedule and fee proposal. FDOT shall have an instrumental role in development of the specifications since all design and survey work products must be completed to FDOT standards. Task 8 Scope Review, Stage 1 Coordination of the consultants proposed scope of service and the written responses of the City and FDOT. Task 9 Scope Review, Stage 2 and Stage 3 This series of tasks shall include review, comment and evaluation of the consultant's proposed scope of services. The final scope shall include an approved schedule, fee structure and public involvement criteria. The Project design /survey and mapping criteria shall include, but not necessarily be limited to, the elements below: Project description Design analysis (sidewalk) Design plans (sidewalk) Drainage analysis Utilities Permitting and compliance criteria Median analysis Intersection analysis and plans Pedestrian crossing analysis and plans Signing and pavement marking analysis and plans Signalization analysis and plans ROW survey and certification Design survey ROW mapping Geotechnical analysis Project completion requirements Invoicing limitations and requirements. Task 10 Public Involvement Meetings This task will include coordination of the Consultant's preparation for and hosting of a minimum of three public meetings (community awareness plan and project kickoff, 30% design and 60% design) and the necessary notifications, mailing lists, driveway modification notices and median modification notices. In addition to these community meetings, due to the large number of individual parcels involved, we anticipate that numerous additional one -on -one meetings with affected property owners may be needed. Task 11 Design Consultant Administration (sidewalk, drainage, intersections) The design consultant shall be expected to deliver 60% plans for review by the City and FDOT. The projected schedule is approximately 13 months to complete 60% design plans. Monthly progress meeting are needed to answer questions and review progress. Task 12 Survey Consultant(s) Administration (US 1 ROW mapping) The mapping of 4.7 miles of US 1 ROW is a very intensive project to complete within the designated schedule of approximately 18 months. It is anticipated that more than one survey /mapping consultant will need to be working concurrently to complete the ROW mapping in order to allow sufficient time for the design survey and plans development. This task includes monthly progress meetings and work review with the surveyors and design consultant. The final work product of the survey consultant(s) will be a digital deliverable of the US 1 ROW map to FDOT survey standards. Task 13 Design Survey (sidewalk, drainage, intersections) This task includes progress meetings with the survey consultant(s) as they work toward completion of the design survey which will be needed in order to complete the 60% design plans for the Project improvements. Task 14 Design Consultant Administration The design consultant will be expected to complete the 90% plans (based on 60% review comments on the City, FDOT and public input). The proposed schedule provides 4 months for the completion of the 90% plans. This task includes coordination of project meetings which will be conducted monthly during the completion of the 90% plans. Task 15 Final Plans Completion The design consultant will be expected to complete the final plans within 2 months of approval of the 90% plans. The final plans are expected within 18 months of the notice to proceed concerning the Project (estimated to be April 2013). This task includes coordination of project meetings which will be conducted monthly during the completion of the final plans. Task 16 Post Design Services This task shall consist of coordination of the Consultant's completion of the Project, review of the Consultant's final invoice and preparation of a report and forms needed in order for the City Council to certify the completion of the design, ROW mapping and other Project improvements. B &H thanks you for the opportunity to submit this proposal. In summary, we propose to provide contract administration /management services concerning the US 1 sidewalk and ROW mapping project on an hourly basis for a not -to- exceed amount of $74,000, excluding reimbursable costs such as copies, postage and mileage, which will be billed as incurred at our agreed -upon rates, a copy of which is attached. If you have any questions or if I can be of assistance, please contact me at (352) 243- 6318. Sincerely, B &H Consultants, Inc. James W. Shira, P.E. Vice President Billing Rates for Reimbursable Expenses: Postage Billed at cost Delivery Service Billed at cost plus 15% In -house copies Black and White $ .12 per page Color $ 1.00 per page Out of office copies, including plots Billed at cost plus 15% Mileage $ .50 per mile AGENDA REQUEST Date: April 6, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT April 18, 2011 BUSINESS ITEM DESCRIPTION: Request to Piggyback City of Tampa's Bid for Pump Repairs with Florida Bearings, Inc. BACKGROUND: The City of Tampa has renewed a contract until October 18, 2011, for pump repairs at their Water Department Treatment Facilities awarded from a September 2, 2009, bid. The City of Edgewater Environmental Services Department Wastewater budget includes pump repairs in the amount of $80,000. Since October 1, 2010, the Wastewater Treatment Plant has had two pump repairs. On March 31, 2011, the storm event damaged three transfer station pumps and one effluent pump incurring additional repair costs of $10,113. Cumulatively, the pump repairs completed by Florida Bearing, Inc. total $35,359. The Purchasing Policy requires City Council approval on vendors that perform work on an annual basis over $25,000. STAFF RECOMMENDATION: Approval to piggyback the City of Tampa's bid for pump repairs within the allocated budget amount. ACTION REQUESTED: A motion to approve pump repairs up to $80,000 by Florida Bearings, Inc., piggybacking the City of Tampa bid for Pump Repairs at Water Department Treatment Facilities. FINANCIAL IMPACT: (Finance Director) $35,359 immediate — additional $44,641 for maximum $80,000 budgeted for fiscal year 2011. Line Item 440 - 4040 - 535.64 -10 (SPECIFY IF DGET AME DMENT I REQUIRED) YES NO XX AI Jo r cKinney, Finance Director 1 PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: a '' ' ,1& d renda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal Tracey T. arlow en t4.5 ti- City Manager r ,a74 ' CITY OF TAMPA �, 1.1.:x 9 k i � t", � • ` Pam lorio, Mayor Purchasing Department ; _se_, �.� 0 m y� �� Gregory K. Spearman, CPPO F0 JU�� n Director of Purchasing June 23, 2010 Ken Taylor Florida Bearings, Inc. 2020 North Rio Grande Avenue Orlando, Florida 32804 Subject: Pump Repairs at Water Department Treatment Facilities, Bid #: 71082809 Dear Mr. Taylor: Your award has been renewed under the same terms and conditions on referenced services /materials as mutually agreed upon for an initial annual amount of $62,900.00. This does not include any work that may be added for the Wastewater Department at a later time. The renewal period is from October 19, 2010 through October 18, 2011. All orders will be placed by purchase order. If you have any questions, please call me at (813) 274 -8833. Sincerely, f j.„:..., e Kevin Frye, CPPB Certified Senior Procurement Analyst cc: Bob Klein Carlos Estrada John Krokenberger Penny Hammock Bid File 306 East Jackson Street, 2E • Tampa, Florida 33602 • (813) 274 -8351 • FAX: (813) 274 -8355 TampaGvv www.tampagov.net � (ou34,1,o CITY OF TAMPA 9 • • , % ,%'�� r • Pam Iorio, Mayor Purchasing Department a' 9y y' Gregory K. Spearman, CPPO - W O NO • ' ' Director of Purchasing October 15, 2009 Ken Taylor Florida Bearings, Inc. 2020 North Rio Grande Avenue Orlando, Florida 32804 Subject: Pump Repairs at Water Department Treatment Facilities, Bid #: 71082809 Your bid has been approved on the aforementioned services for the City of Tampa. The initial approved annual expenditure for this award is $75,000.00. The initial award period is from October 19, 2009 through October 18, 2010 and may be extended at the same price(s), terms, and conditions, by written mutual agreement from both parties for four additional one -year period(s). All orders will be placed by purchase order. A copy of your firm's bid has been forwarded to the user departments for the purpose of monitoring the award terms and conditions. Additionally, invoices will be reconciled with the actual bid price submitted. Invoices will be paid based on the unit prices indicated on the Bid Response Page. If you have any questions, please call me at (813) 274 -8833. Your main point of contact at the DLT Plant will be John Krokenberger at (813) 231 -5248 and Carlos Estrada at (813) 231 -5246. Sincerely, f4 . - - ' - ' .-- r Kevin Frye, CPPB Senior Procurement Analyst cc: Bob Klein Carlos Estrada John Krokenberger Bid File 306 East Jackson Street, 2E • Tampa, Florida 33602 • (813) 274 -8351 • FAX: (813) 274 -8355 TampaGvv www.tampagov.net Co d' d BIDDER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared AFFIANT'S NAME Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized In the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and If a corporation Incorporated under the laws of a state other than Florida, that it Is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bld or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed invalid. 6. That the Bidder is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida 7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he /she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he /she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 17 FOR A CORPORATION State of 7-- )Z- County of 0)4 a vtiV) The foregoing instrument was acknowledged before me this / day of 6,0 20 0 , by � k /\L1 (c;- who Is \ / e o.{- Se—AV; LA- f� (Title) of F )c o 8�(-�Rfn4s (Corporation Name) a corporation under e laws of the State of -flg2'G . , on behalf of the said corporation. He /She is persona t � •wn to me or who has produced identification an whoa (d d not) take an oath. ,A% t it----J �T Signature o No . Public Signare of Affian Notary Public State of: � 0 - toto , My Commissi. Expires.— ... - < - - - , ... 1 _ MARY NSCHUCHMAN .,. !al, •.; MY COMMISSION 4 DD 567868 1 ••.. ..f EXPIRES: June 25, 2010 Ken n � 4 .ii .P` °.Z' 9 o ndaa Tlw Nolan Aupru u nm:era o e Printed, typed • - - -- _. Printed or typed name of Affiant I Commissioned name of notary public 19 "Addendum #1" BID RESPONSE FOR PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES Please Print or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Fadlity Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. 1) HOURLY RATES FOR LABOR AND EQUIPMENT RENTAL, PER TECHNICAL SPECIFICATIONS: QUANTITY * UNIT DESCRIPTION UNIT PRICe TOTAL PRICE 1,300(MOL) HOURS PUMP REPAIRS SERVICE CHARGE $ 2.9 /HR $ 3J,90a 30(MOL) HOURS CRANE RENTAL CHARGE- MIDSIZE $ �LS , /HR $ g � 7 5o (65 TON) � Q O6 30(MOL) HOURS CRANE RENTAL CHARGE -LARGE $ 165 /HR $ l S 0 (100 TON) l * MOL = MORE OR LESS TOTAL PRICE FOR LABOR AND EQUIPMENT RENTAL: $ , */ 900 2) REPLACEMENT PARTS PRICING, PER TECHNICAL SPECIFICATIONS: REPLACEMENT PART COST MARKUP PERCENTAGE: LC %, (1 + MARKUP %) x $20,000: $ - 23 oeo TOTAL AMOUNT OF BID (ITEM #1 AND #2): $ �2 X00 3) MARKUP PERCENTAGE FROM NORMAL HOURLY RATE FOR EMERGENCY WORK, t PER TECHNICAL SPECIFICATIONS: 1d o Authorized Signature: Date: il102 2 "Addendum #1" Firm Name VIGClo $ C0(z>n J S ..L.4%) Type Organization:[ ] Individual [ ] Small Business [ ] Non - Profit [ ] / Partnership DI Corporation [ ] Joint Venture State of Florida Corporation ID # (from Secretary of State): F4, 6-94/grace o; State of Florida Fictitious Name Reg. # (from Secretary of State): 60022 q Open z G 9 / / /6 Ye°°45 /23Z90041,1 Business is licensed (unless exem t b applicable law) permitted, or certified to do business in the State of Florida: (jc] Yes [ ] No. License # �US O0 j & 0f7 .- O C Z.. Representative's Name: Clefs 1 A`'` (.0(t Representative's Title: V P 5GQJ k, Address: 2 D oC k R,t O City: f'�C State: L. , Zip: ?08 y L[ Telephone No.: t_ 3 43— I / S Fax No.:`' a 0 - 8q3 - / /Sy Email: K"}fliL6P-6) j10f 6Ai4l Federal I.D. #: .3 / - c /a 9g.-' Invoice Terms:NET 30 Minority Business Status: [ ] Black [ ] Hispanic [4 Woman Is your business certified as a minority business with any government agency? [ ] Yes [1] No. If yes, please list below: Agency Name Certification Number Expiration Date 4 ,;///09-A,/,..) /S Caryl/ 1169 / Authorized Signature: • ' , /./ Date: )// 3 Bid Details - Onvia DemandStar Page 1 of 2 Login ( Register 1 Help DEMANDSTAR b ONVIA 0 LIVE EXPERT NEED HELP? CLICK TO CHAT. Home My DemandStar Buyers Suppliers Account Info FAQs Bid Details Bid Information Agency City of Tampa - Purchasing Department Bid Type Invitation to Bid Bid Number ITB- 71082809 -0- 2009 /KF Fiscal Year 2009 Bid Writer Kevin Frye, CPPB Bid Name Pump Repairs at Water Department Treatment Facilities Bid Status Awarded Bid Status Text This specification describes Pump Repairs at the Water Department Treatment Facilities for the Water Departm of the City of Tampa. Award To Florida Bearings, Inc. Due Date/Time 9/2/2009 3:00 PM Eastern Broadcast Date 8/5/2009 Bid Bond Project Estimated Budget Plan (blueprint) None Distribution Options Distribution Method Download and Mail Distributed By Onvia DemandStar Distribution Notes None Scope of Work This specification describes Pump Repairs at the Water Department Treatment Facilities for the Water Departm of the City of Tampa. E- Bidding No Legal Ad Y ,- Please select either the View or Edit button to manage legal ad. Pre -Bid Conference Pre -Bid Meeting August 18, 2009 @ 10:00 AM David L. Tippin Water Treatment Plant Admin.BIdg - 1st Floor Conf Rrn 7125 North 30th Street httr /hvurur dpmandetar r•nm /cnnnliPr/hidc /Rirl Detail acn9 P11= %2Fhids %,2Faaencv %,SFinc... 4/4/2011 Bid Details - Onvia DemandStar Page 2 of 2 Tampa, Florida 33610 MANDATORY SITE INSPECTION immediately following Pre -Bid Meeting. Publications La Gaceta 8/7/2009 Documents . VI Pump Repairs at Water Department Treatment Facilities (27 Pages, Complete) Bid Package Pump Repairs at Water Department Treatment Facilities Addendum #1 (3 Pages, Complete) Pump Repairs at Water Department Treatment Facilities Addendum #2 (1 Page. Complete) Award PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES (1 Page, Complete) Commodity Codes SRV- 936 -62 - Pumps and Pump Accessories Maintenance and Repair SRV - 936 -63 - Pumps. Vertical, Maintenance and Repair I « Return DemandStar is a product of Onvia, Inc. (c) 1997 -2011. All rights reserved. 1 Terms of Use 1 Privacy httn• / /xini w ripmanrictar rnm /cnnnlier /hid' /Rid netai1 asn7 Pi 1=% 2Fstlnnlier %2Fhids %2Fauencv %5Finc... 4/4/201 1 � '%" Py 'z--- o CITY OF TAMPA l � v / �. c-, • y \ Purchasing Department r Pam lorio, Mayor Gregory K. Spearman, CPPO Director of Purchasing y r i o ric cal August 4, 2009 INVITATION TO BID Pursuant to Chapter 69 -1119, Special Acts, Laws of Florida, sealed Bids for the furnishing of: BID NO. 71082809, PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES, will be received by the Director of Purchasing, City of Tampa, until 2:30 PM, AUGUST 28, 2009 then to be opened and read. There will be a PRE -BID MEETING to be held at 10:00 AM, AUGUST 18, 2009, at the City of Tampa David L. Tippin Water Treatment Plant — Administration Building, First Floor Conference Room, 7125 North 30 Street, Tampa, Florida 33610, to discuss the above referenced subject. A "MANDATORY" SITE INSPECTION" will take place immediately following the Pre -Bid Meeting. Vendors that have not performed the Mandatory Site Visit at this designated time will not be considered. It is hereby made a part of this Invitation for Bid that the submission of any Bid in response to this advertised request shall constitute a Bid made under the same conditions for the same contract price and for the same effective period as this Bid to all public entities in Hillsborough County. (A list of these entities is enclosed with this package). Attached are important instructions and specifications regarding responses to this invitation. Failure to follow these instructions could result in your bid being disqualified. Technical questions regarding this bid should be referred to: CARLOS DIAZ - ESTRADA, PLANT MAINTENANCE SUPERVISOR - PHONE NO. (813) 231 -5246 Questions related to the process and procedures of this bid should be referred to: KEVIN FRYE, CPPB, PURCHASING DEPARTMENT— PHONE NO. (813) 274 -8833 Submission of bid responses by mail, hand delivery or express mail must be in a sealed envelope with the Bidder's name and return address indicated. Type or print the Bid Number and Bid Title on the carrier envelope. Address the bid envelope as follows: Purchasing Department (This address is appropriate for mailing, Tampa Municipal Office Building, 2n Floor hand delivery and express mail.) 306 E. Jackson Street Tampa, Horida 33602 The Tampa Municipal Office Building is a controlled access building and all visitors are required to obtain a Visitor's Pass prior to visiting the Purchasing Department. Bids may be submitted electronically via the Internet as an attachment to an email addressed to BidControl @Tampagov.net. The subject line of the email should include the bid number. Bids shall be accepted no later than the time and date specified on the INVITATION TO BID. The Bid Opening shall be thereafter and open to the Public. All bids received after that time shall be rejected. Offers by telegram, telephone or transmitted by facsimile (FAX) machine are not acceptable. No bid may be withdrawn or modified after the time fixed for the opening of bids. Verification of the City's receipt of a bid submitted by email is the sender's responsibility. Failure of the City to receive such bid by the date and time specified on the Invitation to Bid will result in non - consideration. 306 E. Jackson Street. • Tampa, Florida 33602 • (813) 274 - 8351 • FAX: (813) 274 - 8874 Tamp www.tampagov.net INSTRUCTIONS TO BIDDER EXECUTED, SEALED BID: Submit the original and two copies of the bid response form, the Bidder's Affirmation and Declaration form and any other requested forms or documents furnished by the City in the bid package. Documents must be executed by an original signature of an authorized representative of the Bidder. City of Tampa bids are issued electronically via DemandStar's eProcurement bid distribution system. Obtaining bids through Demandstar will ensure that vendor will have the following capabilities: receipt of bids electronically, track the status of bid award activity, receive addenda, be certified as a minority vendor to meet the City of Tampa's minority certification requirements, receive the results of bid awards and view plans and blueprints online electronically. Vendors who obtain specifications and plans from sources other than Demandstar are cautioned that the bid packages may be incomplete. The City will not accept incomplete bids. Contact Demandstar at 800 - 711 -1712 or visit www.demandstar.com /supplier for more information. Addenda will be posted at least five days prior to the opening date. Bidders registered as obtaining printed bid documents directly from the City's Purchasing Office will receive Addenda via mail or facsimile from Demandstar. Bid tabulations (results) will be posted to DemandStar and made available to bidders after the scheduled public opening of the sealed bids. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and /or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. The Bidder is expected to carefully examine the entire bid package, including but not limited to the all provisions, terms, and conditions. Failure to do so will be at the Bidder's risk. The City prohibits communications initiated by the Bidder with any City official or employee prior to the time an award decision is made, except as initiated by the appropriate City official or employee in order to obtain information or clarification, and as provided for in this bid document regarding technical questions. Communications so initiated by a Bidder shall be grounds for disqualification for consideration for award of this Invitation to Bid and subject the offending Bidder to debarment. 2 GPC LISTING City of Plant City Hillsborough Community College Tampa Sports Authority Dave Sollenberger, City Manager Vonda Melchior, Director of Purchasing Joe Haugabrook, Director of Purchasing Drawer "C" 39 Columbia Drive 4201 N. Dale Mabry Highway Plant City, FL 33564 Tampa, FL 33606 Tampa, FL 33607 813 - 659 -4200 — Telephone 813- 253 -7060 — Telephone 813- 673 -4300 — Telephone 813 - 659 -4216 — Fax 813 -253 -7561 — Fax 813 - 673 -4312 — Fax citymanager @plantcitygov.com vmelchoir @hcc.fl.us jhaugabrook @tampasportsauthority.com City of Temple Terrace Hillsborough County Board of Judy Crutcher, Assistant Purchasing Agt. County Commissioners Tax Collector P.O. Box 16930 601 E. Kennedy Blvd., 18th Floor 601 E. Kennedy Blvd., 14th Floor Temple Terrace, FL 33687 P. 0. Box 1110, Tampa, FL 33602 813-506-6420 — Telephone Tampa, FL 33601 -1110 Phone: (813) 307 -6222 813-989-7185 — Fax Phone: (813) 272 -5790 FAX: (813) 307 -6521 jcrutcher @templeterrace.com FAX: (813) 272 -6290 www.hillstax.org www.hillsboroughcounty.org Clerk of Circuit Court Hillsborough Co. Sheriff's Office The Children's Board of Hills. County 601 E. Kennedy Blvd. -13th Floor J. H. Shillady, Fiscal Officer 1002 E. Palm Avenue P.O. Box 3371 P.O. Box 1110 Tampa, FL 33605 Tampa, FL 33601 Tampa, FL 33601 Phone: (813) 229 -2884 Phone: (813) 276 -8100 Ext.7721 813-247-8033 — Telephone FAX: (813) 228 -8122 FAX: (813) 272 -5521 813-247-8246 — Fax www.childrensboard.org www.hillsclerk.com Jshillady @hcso.tampa.fl.us Tampa - Hillsborough County State Attorney's Office University of South Florida Expressway Authority Mark Ober, State Attorney Tom Dibella, Director of Purchasing Nancy Marino, Facilities & Contracts 800 E. Kennedy Blvd., 5 Floor Division of Procurement Manager Tampa, FL 33602 3702 Spectrum Blvd. UTC135 - P 1104 East Twiggs St. Suite #300 813 - 272 -5400 — Telephone Tampa, FL 33612 Tampa, Florida 33602 813 -272 -7014 — Fax 813 - 272 -6740 - Telephone Ober_M @SA013th.com 813-974 -2481 - Telephone 813 276 - 2492 - Fax 813 - 974 -5362 - Fax Nancy @tampa - xway.com tdibella @admin.usf.edu Hillsborough Area Regional Transit Tampa Port Authority Hillsborough County Purchasing Authority David Webb, Financial Supervisor Lula Banks, Director Cathy Zickefoose, Purchasing Mgr. P.O. Box 2192 P.O. Box 1110 4305 E. 21s Street Tampa, FL 33601 Tampa, FL 33601 Tampa, FL 33605 813 - 905 -5164 — Telephone 813 - 272 -5790 — Telephone 813 - 623 -5835 — Telephone 813 - 905 -5109 — Fax 813 - 272 -6290 — Fax 813 - 664 -1119 — Fax dwebb @tampaport.com procurementservices @hillsboroughcounty.org millerr @hartline.org Hillsborough Co. Aviation Authority Supervisor of Elections Property Appraiser P. 0. Box 22287 601 E. Kennedy Blvd., 16th Floor 601 E. Kennedy Blvd., 16th Floor Tampa International Airport Tampa, FL 33602 Tampa, FL 33602 Tampa, FL 33622 -2287 Phone: (813) 276 -8274 Phone: (813) 272 -6100 Phone: (813) 870 -8730 FAX: (813) 272 -7043 FAX: (813) 272 -5519 FAX: (813) 875 -6670 www.votehillsborough.org www.hcpafl.org www.tampaairport.com City of Tampa Housing Auth. Hillsborough County School Board Jerome Ryans, President/CEO Tampa Palms Community Dev. Dist. P. O. Box 3408 16311 Tampa Palms Blvd W Tampa, FL 33601 -3408 1514 Union Street Tampa, FL 33647 Tampa, FL 33607 Phone: (813) 272 -4329 813-253-0551 — Telephone Phone: (813) 977 -3933 FAX: (813) 272 -4007 813-4522 — Fax Fax: (813) 977 -6571 www.sdhc.k12.fl.us irenew @thafl.com www.tpoa.net 3 "OCCUPATIONAL HEALTH AND SAFETY" Any items delivered from a Contract resulting from this Bid must be accompanied by a Material Safety Data Sheet (MSDS). The MSDS must be maintained by the user agency and must include the following information: (a) The Chemical name and the common name of the toxic substance. (b) The hazards or other risks in the use of the toxic substance, including: 1. The potential for fire, explosion, corrosively, and reactivity; 2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of overexposure. (c) The proper precautions, handling practices, necessary personnel protective equipment, and other safety precautions in the use of, or exposure to, the toxic substances, including appropriate emergency treatment in the case of overexposure. (d) The emergency procedure for spills, fires, disposal, and first aid. (e) A description, in lay terms, of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. (f) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 4 INSURANCE REQUIREMENTS For Goods /Services, Bids /Requests for Proposals, Awards /Contracts During the life of the award /contract the Awardee /Contractor shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with an A.M. Best rating of 6+ (or better) Class VI (or higher), or otherwise be acceptable to the City if not rated by A.M. Best. All insurance shall be from responsible companies duly authorized to do business in the State of Florida. All liability policies shall provide that the City is an additional insured as to the operations of the Awardee/Contractor under the award /contract including the Additional Insured endorsement, the Waiver of Subrogation endorsement, and the Severability of Interest Provision. In lieu of the additional named insured requirement, if the Awardee /Contractor's company has a declared existing policy which precludes it from including additional insureds, the City may permit the Contractor to purchase an Owners and Contractors Protective Liability policy. Such policy shall be written in the name of the City at the same limit as is required for General Liability coverage. The policy shall be evidenced on an insurance binder which must be effective from the date of issue until such time as a policy is in existence and shall be submitted to the City in the manner described below as applicable to certificates of insurance. The insurance coverages, limits, and endorsements required must be evidenced by a properly executed Acord 25 Certificate of Insurance form. Each Certificate must be manually signed by the Authorized Representative of the insurance company shown in the Certificate with proof that he /she is an authorized representative thereof. Thirty days' written notice must be given to the City of any cancellation, intent not to renew, or reduction in the policy coverages, except in the application of the aggregate liability limits provisions. Should any aggregate limit of liability coverage be reduced, it shall be immediately increased back to the limit required by the award /contract. The insurance coverages required herein are to be primary to any insurance carried by the City or any self- insurance program thereof. Within ten working days of receipt of notification of intent to award, the successful Bidder /Proposer shall provide the City of Tampa Purchasing Department the required Acord 25 Certificate of Insurance form. Failure to furnish by the 10th working day may disqualify Bidder /Proposer as non - responsible, unless the due date is extended by the Director of Purchasing or the Designee. The City may waive any or all of these requirements based on the specific nature of goods or services to be provided under the award /contract. The Awardee /Contractor will be required to provide and pay for the following: a. Commercial General Liability Insurance shall be provided on the most current Insurance Services Office (ISO) form or its equivalent. The amount of Commercial General Liability insurance shall not be less than the amount specified. $1,000,000 per occurrence and a $2,000,000 general aggregate. b. Automobile Liability Insurance shall be maintained in accordance with the laws of the State of Florida, as to the ownership, maintenance, and use of all owned, non - owned, leased, or hired vehicles. The amount of Automobile Liability Insurance shall not be less than the amount specified. (a) $500,000 combined single limit each occurrence bodily injury & property damage. (b) $1,000,000 combined single limit each occurrence bodily injury & property damage. The letter preceding the limits of coverage indicates the Insurance required for the type of award based on Total Proposal Price. (a) under $100,000 (b) $100,000 and over c. Worker's Compensation and Employer's Liability Insurancg shall be provided for all employees engaged in the work under the award, in accordance with the laws of the State of Florida. The amount of the Employer's Liability Insurance shall not be less than the amount specified. Worker's Compensation: Florida Statutory Requirements Employer's Liability: (a) $500,000 bodily injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee. (b) $1,000,000 bodily Injury by accident and each accident, bodily injury by disease policy limit, and bodily injury by disease each employee. The letter preceding the limits of coverage indicates the insurance required for type of award based on Total Proposal Price. (a) under $100,000 (b) $100,000 and over These amounts apply except as otherwise exempt by Florida State Statute. d. Excess Liability Insurance (Umbrella Policy) may compensate for a deficiency in general liability, automobile, or worker's compensation insurance coverage limits. Rev. 1/5/07 5 GENERAL CONDITIONS FOR PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES 1. SCOPE AND CLASSIFICATION 1.1 SCOPE. This specification describes Pump Repairs at the Water Department Treatment Facilities for the Water Department of the City of Tampa. 1.2 CLASSIFICATION. The classification shall be as contained in the technical portion of this specification listed herein below. 2. QUALITY ASSURANCE PROVISIONS 2.1 TEST AND INSPECTION. It shall be the Awardee's responsibility to perform all of the tests and inspections required by this specification, unless otherwise stated in the award. The Awardee must use, in the process, its own facility. The City of Tampa reserves the right to perform any of the tests and inspection requirements where said tests and inspections are needed to further determine compliance with this specification. 2.2 QUALITY AND QUALITY CONTROL. A system of test and inspection shall be used to insure receipt of the quality and quantity of items purchased. Items will be promptly inspected and any discrepancies from the purchase order and /or the supplier's invoice shall be reported immediately to the Director of Purchasing. 2.3 HOLD HARMLESS. The Awardee shall agree to release, indemnify, and hold harmless the City of Tampa from and against any and all liabilities, claims, suits, damages, charges, or expenses (including attorney's fees, whether at trial or appeal) which the City may suffer, sustain, incur, or in any way be subjected to by reason of or as a result of any act, negligence, or omission on the part of the Awardee its agent or employees, in the execution or performance of the obligations assumed under or incidental to, the award into which the Awardee and the City will enter, except when caused solely by the fault, failure, or negligence of the City, its agents, or employees. 3. AWARDEE LIABILITY 3.1 NEXT LOW BIDDER. In the event of default by the Awardee, the City of Tampa reserves the right to utilize the next lowest Bidder as the new Awardee. In the event of this occurrence, the next lowest Bidder, if it wishes to receive the award, shall be required to provide the bid items at the prices as contained on its bid for this specification. 4. CONDITIONS 4.1 AUTHORIZATION. All orders shall be placed via City of Tampa Purchase Orders, or as releases against a City of Tampa "Open" Purchase Order. As relating to the Government Purchasing Council of Hillsborough County, any member may place orders as dictated by its individual entity's preference. 4.2 QUANTITIES. The City shall not be required to purchase any minimum or maximum quantities during the term of any award resulting from this specification. 4.3 BRAND INDICATION. Where same is applicable, all Bidders shall clearly indicate manufacturer /trade name and identifying number in the space provided within the attached Bid Response Form of this specification and invitation for bid. 4.4 ALTERNATE BIDS. Bidders shall, as to each item, submit only one bid for the specified product or only one bid for an alternate product, which the Bidder believes equal within the meaning hereof. The offer of an alternate product for any item shall, for the purpose of evaluation of bids, be construed as a refusal to bid on the product specified. Bidders offering an alternate product shall cross out the specified product and type or print the alternate brand which was chosen for bid, the unit price and the extension or total in the same manner as if bidding upon the specified product. Failure to do so shall be construed as a bid upon the product specified. 6 Bidders offering an alternate product shall additionally submit the precise specifications of the alternate, all of the differences in specification, if any, between the specified product and the alternate product, and relevant sketches, blueprints or samples sufficiently accurate, complete and detailed as to enable the City to make a complete determination of the quality of the alternate. Failure to submit this information in full will constitute basis for a determination by the City that the alternate product is not equal to the product specified as a standard. The determination as to whether any alternate product bid is or is not equal to the product specified as a standard shall be made by the City, and such determination shall be final and binding upon all Bidders. For purposes of this bid, brand names without an "or equal" designation are items that have been standardized by the City. The City will not accept alternate products for these items. 4.5 PENALTIES. The City of Tampa reserves the right to increase or decrease quantities shown without penalty. 4.6 ADDITION /DELETION. The City of Tampa reserves the right to add to or delete any item from this bid or resulting award when deemed to be in the best interest of the City of Tampa. 4.7 SUBSTITUTION. The Awardee shall not substitute items for like items without the approval of the City. Any violation of such procedures may result in a possible award cancellation. All approved substitutes shall be annotated as such on the Awardee's shipping document(s). 4.8 BID PRICES. Bid prices shall be firm and shall not be amended after the date and time of the bid opening. Any attempt by the Awardee to amend said bid prices shall constitute default as outlined in this specification. Prices quoted on the Bid Response form shall include all shipping costs, shipped F.O.B. Tampa, FL or to the facility location specified by the requestor or the purchase order. All taxes of any kind and character payable on account of the work done and materials furnished under the award shall be paid by the Awardee and shall be deemed to have been included in the bid. The Laws of the State of Florida provide that sales tax and use taxes are payable by the Awardee upon the tangible personal property incorporated in the work and such taxes shall be paid by the Awardee and shall be deemed to have been included in the bid. The City is exempt from all state and federal sales, use, transportation and excise taxes. Award prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Awardee is required or desires to use any design, device, material or process covered by letters patent or copyright, the Awardee shall indemnify and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the award, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution or after the completion of the work. 4.9 BID EVALUATION. The evaluation of bids and the determination as to equality of products offered shall be the responsibility of the City of Tampa and will be based on information furnished by the Bidder. 4.10 ERROR IN BID CALCULATION. In the event there shall be a discrepancy between the stated total bid and the corrected sum of the correct multiplication of the stated unit price and the quantity specified, the corrected sum shall be considered the bid price. 4.11 BASIS OF AWARD. The City of Tampa reserves the right to award this bid by aggregate total. To be considered lowest responsive, responsible Bidder by aggregate total, the Bidder shall have to bid on all items. Award Criteria /Responsibility. The award will be made to the lowest responsive, responsible Bidder. To determine the responsibility of the monetary Bidder, the City may request and review documentation relative to the ability of the Bidder to satisfactorily perform the work specified in a first class manner as well as documentation of its experience; the financial condition of the Bidder from a current financial report and the Bidder's credit rating; whether the Bidder has ever been declared in default of an award; the Bidder's insurability, eligibility for bonding; and any /all pertinent information deemed necessary to determine said responsibility. An award will be made, if at all, within 60 days after opening of the bids. 7 4.12 AWARD PERIOD. The award period shall be for a one -year period from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for four additional one -year period(s). In the event that the Awardee does not wish to renew the services of this award, the Awardee shall notify the City of its intent 90 days prior to the actual renewal date. The Awardee shall continue to supply service at existing prices during the period required by the City to prepare a formal bid and award the bid for these services. 4.12.1 SUPPLEMENTAL UNILATERAL RENEWAL PERIODS. The City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract term or any renewal term for up to three (3) additional thirty (30) day periods, at the same terms and conditions. Notice of the City's intent to renew shall be provided by the City in writing to the Awardee prior to the expiration of the contract, or the renewal period if the contract has been previously renewed. 4.13 PRICE ESCALATION. The City of Tampa will allow a price escalation provision within this award. The original bid prices shall be firm for a 1 -year minimum period. A price escalation /de- escalation will be allowed 1 year after the beginning of the award period and at 1 -year intervals thereafter, provided the Awardee notifies the City of Tampa, in writing, of the pending price escalation /de- escalation a minimum of 60 days prior to the effective date of the price escalation /de- escalation. The price escalation percentage change shall not exceed the previous 1- year's percentage change of the Consumer Price Index (CPI) published by the U.S. Department of Labor's Bureau of Labor Statistics. The City of Tampa obtains this CPI Index from American City and County Magazine and can be found at http: // americancityandcounty.com /mciarchive /. Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein. If, at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Tampa, the City reserves the right to place the Awardee in default, cancel the award, and remove the Awardee from the City of Tampa Bidders List for a period of time deemed suitable by the City. In the event of this occurrence, the City of Tampa further reserves the right to utilize any and /or all options as stated herein. 4.14 NON - APPROPRIATION OF FUNDS. In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Awardee in writing of such occurrence and the award shall terminate without penalty or expense to the City on the last day of the fiscal year in which sufficient funds have been appropriated. 4.15 PERFORMANCE. The Awardee may be required to furnish evidence in writing that they maintain permanent places of business and have adequate equipment, finances, personnel, and inventory to furnish the items offered satisfactorily and expeditiously, and can provide necessary services. 4.16 INSURANCE. During the life of the award the Awardee shall provide, pay for, and maintain insurance with companies authorized to do business in Florida, with a A.M. Best rating of B+ (or better) Class VI (or higher), or otherwise be acceptable to the City if not rated by A.M. Best. The City of Tampa uses Ebix BPO to manage its insurance certificates and related documentation. Upon insurance expiration, Ebix BPO staff will notify the Awardee to request updated insurance certificate(s) and endorsement(s). 4.17 INSPECTION. The City of Tampa reserves the right to inspect the Bidder's place of business and equipment prior to awarding any award to determine the responsibility of said Bidder to perform or provide the requirements of the bid specification. 4.18 WORKING DEMONSTRATION. Determination by the City of Tampa as to the conformity of the requirements on which the low bid is submitted may, if so elected, include a demonstration under actual working conditions, for a maximum of three working days. 8 4.19 AWARD CHANGES. No changes, over the award period, shall be permitted unless prior written approval is given by the Director of Purchasing and, where applicable, confirmed by resolution of the City Council of the City of Tampa. No Awardee shall assign the award or any rights or obligations thereunder without the written consent of the City. In the event of such approved subcontracting, the Awardee agrees to provide the City with written documentation relative to the Subcontractor(s) employed in this award, including but not limited to the Subcontractor's W /MBE and Equal Employment Opportunity /Affirmative Action status. 4.20 DEFAULT /RE AWARD. Any award resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Awardee upon non - performance or violation of award terms, including the failure of the Awardee to deliver materials or services within the time stipulated in this specification, unless extended in writing by the Director of Purchasing. In the event an award is cancelled because of the default of the Awardee, the Director of Purchasing may: (i) purchase the materials or services specified in this specification on the open market; or (ii) make an award to the next lowest Bidder and establish the period of such award, provided such period is no longer than the award period set forth in this specification. 4.21 CANCELLATION. When deemed to be in the best interest of the City of Tampa, any awards resulting from this specification may be cancelled by the following means: 4.21.1 10 -day written notice with cause; or 4.21.2 30 -day written notice without cause. 4.22 REJECTION. The City of Tampa reserves the right to cancel, reject any and /or all bids, or to waive any irregularities and accept that bid which is the lowest and best. 4.23 GOVERNMENT PURCHASING COUNCIL. Hillsborough County Government Purchasing Council members may at their discretion or option, utilize this bid as they require. Estimated quantities for Hillsborough County GPC members have not been included in the Bid Response form. Purchases by these entities may increase the value of the award. A list of the members of the GPC is contained within this bid document. 4.24 USE OF STATE CONTRACT, GPC, OR COOPERATIVE PURCHASING BIDS. The City of Tampa reserves the right to utilize applicable State of Florida Contracts, GPC Bids, or those contracts of any other federal, state, or local governmental entity under the terms of a bid submitted to such entity, provided that such contract is procured in compliance with the procuring entity's law, bylaws, regulations, or ordinances regarding competitive solicitation, which must provide for full and open competition for any items covered by this specification when the use of same is in the best interest of the City of Tampa. 4.25 CONVICTED VENDOR LIST (PUBLIC ENTITY CRIME). A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on an award to provide any goods or services to a public entity, may not submit a bid on an award with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two ($10,000.00 and greater) for a period of 36 months from the date of being placed on the convicted vendor list. [See Florida State Statute 287.133 (2)(a)] 4.26 FLORIDA PUBLIC RECORDS LAW. In accordance with Chapter 119 of the Florida Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection. Bidders are requested, however, to identify specifically any information contained in their bids which they consider confidential and /or proprietary and which they believe to be exempt from disclosure, citing specifically the applicable exempting law. All bids received in response to this Invitation to Bid become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City. 9 4.27 CITY OF TAMPA ETHICS CODE. The Bidder shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's website. (City of Tampa Code, Chapter 2, Article VIII. - Section 2 -522) Moreover, each Bidder responding to this Invitation to Bid or Request for Proposal acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract or obligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract or obligation. The Awardee shall ensure that no City employee receives any such benefit or interest as a result of the award of this Invitation to Bid or Request for Proposal. (City of Tampa Code, Chapter 2, Article VIII. - Section 2- 514(d)) Please note that the City's Ethics Code may be accessed on the Internet by utilizing the web Zink below: http: / /www.tampagov.net /appl Message Center /external.asp ?strServicelD =246 Tampa's municipal codes are published online by the Municipal Code Corporation. Printed copies of the Ethics Code can be obtained from the City Clerk's Office for a fee of $0.15 cents a page. 4.28 TECHNICAL QUESTIONS. Questions regarding specific items or order quantities should be directed to Carlos Diaz- Estrada, Plant Maintenance Supervisor at (813) 231 -5246. 4.29 MINIMUM WAGE AMENDMENT. The rate of wages for all persons employed by the Awardee /Contractor on the work covered shall no be less than the rate of wages required by the Fair Labor Standards Act (Public Law 104 -188) enacted August 20, 1996. The Awardee shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida as of May 2, 2005. 4.30 INVOICING. The Awardee shall furnish the City complete itemized invoices for the goods /services received. Invoices are to itemized to reflect the prices stipulated on the purchase order and as outlined in this bid /proposal document on the bid response /pricing sheets. The City will not accept an aggregate invoice. As part of the award process, the City may request a sample invoice. Invoices shall contain, but not be limited to the following information: • Invoice number; • Company Name; • City work order number (if applicable); • Purchase order number; • Location and dates of work; • Time amount for service /repair • Replacement parts required, specifying Awardee's cost and mark -up percentage to City; • Cost of work as stated on Bid Response and extended price to reflect total cost of invoice to City 4.31 PAYMENT. Full payment will be made by the City after receipt and acceptance of materials /services, invoices, Sub - Contractors /Consultants /Suppliers Payments form, and normal processing time -- approximately 30 days in total. The City does not pay service charges on late payments; however, the City is subject to Florida's Prompt Payment Act. (See Section 218.70 - 218.79, Florida Statutes.) Bidders that accept Visa /Mastercard payments can be enrolled in the City's ePayments program for faster payment turnaround, by contacting the City's Accounts Payable Department at acctspayable net 4.32 MATERIAL SAFETY DATA SHEETS. Where applicable, Material Safety Data Sheets (MSDSs) shall be submitted by the Awardee(s), with the first purchase request, to the City of Tampa. 4.33 SUB - CONTRACTING SUBMITTALS. No Awardee shall assign the award or any rights or obligations there under without the written consent of the City. In the event of such approved subcontracting, the Awardee agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached Schedule of Sub - Contracting forms, with bid response. ("Schedule of All Sub - Contractors /Consultants /Suppliers Solicited" MBD 10 and "Schedule of Sub - Contractors /Consultants /Suppliers to be Utilized" MBD 20). 10 Subcontractor shall be defined as: a business enterprise, firm, partnership, corporation, consultant or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the City/City's representative. Supplier shall be defined as: a business enterprise that either directly contracts with a Prime Contractor /Consultant or directly contracts with a Subcontractor under such Prime Contractor /Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the City/City's representative. A Supplier may be a regular dealer, distributor or manufacturer. 5. NON - DISCRIMINATION IN CONTRACTING AND EMPLOYMENT. The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa. The Awardee shall comply with the following Statement of Assurance: During the performance of this Contract, the Awardee herein assures the City, that said Awardee is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Awardee does not on the grounds of race, color national origin, religion, sex, age, handicap or marital status, discriminate in any form or manner against said Contractor's employees or applicants for employment. The Awardee understands and agrees that this Award is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered material breach of this Award. Furthermore, the Awardee herein assures the City that said Awardee will comply with Title VI of the Civil Rights Act of 1964 when federal grant(s) is /are involved. This Statement of Assurance shall be interpreted to include Vietnam -Era Veterans and Disabled Veterans within its protective range of applicability. The Awardee further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in connection with this Contract. The Awardee further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5, as enacted by Ordinance No. 2008 -89. 5.1 EQUAL OPPORTUNITY. The City of Tampa hereby notifies all Bidders that all eligible businesses, including Small Local Businesses Enterprises (SLBEs) will be afforded a full opportunity to participate in any award made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, sex, or national origin. The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, religion, sex, national origin, age, or physical handicap. For additional information contact the Minority Business Development Office at 813/274 -5543 or 813/274- 5522, http: / /www.tampaaov.net /dept minority business development / 11 TECHNICAL SPECIFICATIONS FOR PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES 1. GENERAL The work under these specifications requires the inspection, removal, transport, and repair of any pump at any of the Water Department Facilities. These facilities include the David L. Tippin Water Treatment Plant (7125 North 30 Street), Sludge Processing Facility (8006 North 30 Street), Morris Bridge Water Treatment Plant (17101 Bruce B. Downs Boulevard), and several pumping stations. The Awardee shall furnish all labor, materials and equipment required in performing the services detailed in this specification. 2. PRE - BID MEETING AND MANDATORY SITE INSPECTION A PRE - BID MEETING will be held at 10:00 AM, AUGUST 18, 2009, at the City of Tampa David L. Tippin Water Treatment Plant — Administration Building, First Floor Conference Room, 7125 North 30 Street, Tampa, Florida 33610, to discuss the above referenced subject. A "MANDATORY" SITE INSPECTION" will take place immediately following the Pre - Bid Meeting. Vendors that have not performed the Mandatory Site Visit at this designated time will not be considered. 3. BIDDER QUALIFICATIONS AND REFERENCES. 3.1 Bidders shall have been in the business of providing similar services of this award for a minimum of three years. Bidders shall supply with their bid a list of the employees, including years of experience and any licenses, who will be assigned to perform the services detailed in this bid document. 3.2 Bidder shall submit with the bid, the following information for at least three firms for which the bidder has provided similar services within the last two years: • Name of Firm and Address • Point of Contact Person including Telephone Number • Description of Service including Start and Completion Dates 3.3 A list of employees that will be involved in performing the work under this award, including years of experience, resumes and any licensing and certifications received. In addition, any licenses for the company pertinent to the work described herein should also be included. Throughout the term of the award, the City reserves the right to request, and subsequently receive a replacement, for any person(s) that is deemed to be unqualified. 3.4 A list of equipment that is to be used in the execution of the work detailed herein. This list shall include the capabilities and any other relevant technical data of the equipment that is listed. This information shall be sufficient for the City to determine the suitability of the equipment to accomplish the work described herein. The City reserves the right to inspect the Awardee's place of business to ensure adequacy in these aforementioned items prior to the start of the award resulting from this specification. 3.5 Documentation that details an established in -house safety training program or procedures for employees who will be involved in the performing of the work described herein. Bidders that do not meet these requirements and /or do not submit the abovementioned information in their bid response package may not be considered. 4. QUALITY AND SERVICE The materials and parts furnished by the Awardee shall be of equal or greater quality, kind, and grade as the originals to be replaced. All work shall be done in a neat and professional manner, and meet or exceed standards that are considered good practice. Component parts may be replaced at the Awardee's option when they are beyond economical repair and have the approval of the City's Project Representative. Parts and components offered under these specifications shall be covered by the manufacturer's warranty and the Awardee shall supply the City with the warranty paperwork after the completion of each repair. Workmanship shall be guaranteed for a period of one year from the date of repair and /or installation. 12 5. PUMPS A list of the pumps that are covered by the repair services of this award is provided in "Attachment A" of this bid document. This listing is all possible pumps that may need repair, and the City reserves the right to add or subtract from this list as necessary. 6. TESTING Each pump shall be tested for vibrations, balance and alignment before and after all repairs. The pump tolerances shall be recorded and a report of all shall be presented to the City before or on the completion of the repair and /or installation. 7. SCOPE OF REPAIRS The work shall include, but is not limited to the following: 7.1 CENTERLINE CENTRIFUGAL PUMPS. Work required would be the repair or replacement of the following: • Wear rings - clearance to factory specifications • Case rings - clearance to factory specifications • Sleeve bearing - clearance to factory specifications • Roller and ball bearings • Packing sleeve - repair with ceramic or replace with bronze impeller • Gaskets • Bolts • Oils • Packing • Coating interior - should be coated with two part epoxy (epoxy to be specified by City) for potable water • Entire rotation assembly should be dynamically balanced 7.2 VERTICAL PUMPS. Repairs include, but are not limited to: • Cutless Bearing Replacement • Bronze Bushings • Shafts • Impellers • Gaskets • Bolts • Oil • Packing • Epoxy coating, if needed, and balancing impeller • Grouting of Base 8. REPORTS The Awardee shall provide the City all reports of vibration, balance, alignment, and clearances with each pump repair. The reports should include an evaluation of the overall condition of the pump and any other data needed to predict future repairs or replacement. 13 9. RECORDS The Awardee shall keep accurate and up to date records of repairs throughout the award period. These records shall be kept on forms furnished by the Awardee and should receive written acceptance by the City prior to utilization of the reports. These records shall be made available to the City upon request for examination and reproduction. A complete set of records shall be furnished to the City upon the termination of the award. Receipts for parts, other than expendable supplies and lubricants, shall be submitted to the City for written approval and shall become part of the permanent record for that pump. 10. PERSONNEL The Awardee shall provide only personnel who are qualified and trained to repair pumps similar to those listed in these specifications. The City reserves the right to request replacement of any of the personnel who it deems unqualified to perform the required task listed. 11. SCHEDULE OF WORK The work of this award that is performed on -site shall be done during normal working hours of 7:00 AM to 3:30 PM, Monday through Friday. Timing of the repairs, even on an emergency basis, is dependent on the operational schedule. The Awardee shall notify the City within the same business day of its request for services in order to discuss the timeline of the repair. The City will provide the Awardee written approval of the repair work and schedule before work should commence. The Awardee will not be compensated for any work that has not received prior written approval. The Awardee shall follow the normal work schedule time detailed above unless prior approval by the City is given to proceed otherwise. 12. PRICING /OVERTIME The pricing for the repair work of this Award shall be on an hourly basis and be included on the Bid Response Page. However, if deemed necessary, the City shall allow additional work to exceed the normal eight hour day. In this case, the Awardee shall be compensated at a rate of one and one half times the regular hourly rate included on the Bid Response Page. All overtime work shall receive prior written approval from the City before work is performed. 13. EMERGENCY REPAIR WORK To provide emergency repair services, the Awardee shall make available to the City a qualified service technician available 24 hours a day, 7 days a week, including holidays. The Awardee shall respond to emergency service calls within 4 hours of notification by the City. Compensation for emergency service shall be at the percentage markup above the normal repair hourly rate, as specified on the Bid Response Page. All emergency work shall receive prior written approval from the City before work is performed. 14. REPLACEMENT PARTS The Awardee shall, with the City's written approval, furnish replacement parts at the Awardee's cost plus the "mark up" as listed on the Bid Response Page. The % markup shall not exceed 25% for these materials. As detailed on the Bid Response Page, the Bidder shall multiply this markup percentage by the estimated annual material cost of $20,000 in order to calculate an annual material cost for the award. The City may require more or Tess replacement parts than the initial estimate on the Bid Response Page. The Awardee shall furnish invoices or receipts of replacement parts for price verification for each repair. The invoice shall include the detail to list the Awardee's cost and markup percentage for verification by the City. Only replacement parts of the highest quality and of domestic manufacture shall be accepted by the City. 15. CRANE RENTAL Crane rental for the removal of pumps shall be the responsibility of the Awardee. Pricing for both midsize and large cranes, as required, shall be indicated on the Bid Response Page. 16. WARRANTY The products used in the work described herein shall be covered by the manufacturer's standard warranty. The workmanship shall be warranted for a period of at least one year from the date of equipment start up. Should any defect become apparent during these time periods, the Awardee shall repair the defective item at no cost to the City. 14 17. PROTECTION OF PROPERTY The Awardee shall employ all means necessary to perform this work without damaging any of the buildings, structures, or equipment that is located in or around the areas where the work is taking place. The Awardee shall be responsible for any damage that is the result of performing the work of the award. 18. WATER DEPARTMENT SITE ACCESS REQUIREMENTS The Awardee will be required to provide the Water Department Security Office valid photo identification of all personnel that will be responsible for performing the services of this award. The Security Office will provide badges to be picked up at the guard station prior to entering the site. Badges will be returned to the Security Office when personnel are leaving the site. It is the Awardee's responsibility to notify the City of any personnel changes. No personnel will be allowed to enter the facilities without proper security badges. 15 ATTACHMENT A - LIST OF PUMPS FOR CITY OF TAMPA WATER TREATMENT FACILITIES EQUIP DESCRIPTION LOC MANUFACTURER SERIAL RPM MODEL# # 51 RAW WATER PUMP #1 3 VERTILINE V -73- 07790 -A 24LM 886 52 RAW WATER PUMP #2 3 VERTILINE V -73- 07790 -A -24LM 886 53 RAW WATER PUMP #3 3 VERTILINE V- 74- 00908B L25SBP36F 880 54 RAW WATER PUMP #4 3 VERTILINE V74- 00908A L24DNP36F 880 55 RAW WATER PUMP #5 3 VERTILINE V -74 -01194 L24SBP35F 880 254 RAW WATER PUMP #6 6 DELAVAL 252951 490 255 RAW WATER PUMP #7 6 DELAVAL 706405 500 290 RAW WATER PUMP #8 6 DELAVAL 702644 485 299 RAW WATER PUMP #9 6 DELAVAL 700621 475 204 HIGH SERVICE PUMP #1 5 DELAVAL 258572 908 205 HIGH SERVICE PUMP #2 5 DELAVAL 58811 880 206 HIGH SERVICE PUMP #3 5 DELAVAL 65484 860 207 HIGH SERVICE PUMP #4 5 DELAVAL 258808 905 829 HIGH SERVICE PUMP #5 10 DELAVAL 702530 831 HIGH SERVICE PUMP #6 10 DELAVAL 706406 852 HIGH SERVICE PUMP #7 10 INGERSOL- DRESSER 9912MS000949 -1 34KKL -1 855 HIGH SERVICE PUMP #8 10 INGERSOL- DRESSER 0012MS001302 -1 34KKL -1 11012 LOW LIFT PUMP #1 47 FLOWAY 569681 -1 590 24ME 11001 LOW LIFT PUMP #2 47 FLOWAY 15705 590 24ME 11002 LOW LIFT PUMP #3 47 FLOWAY 15706 590 24ME 11003 LOW LIFT PUMP #4 47 FLOWAY 15707 590 24ME 11004 LOW LIFT PUMP #5 47 FLOWAY 15708 590 24ME 11000 LOW LIFT PUMP #6 47 FLOWAY 15704 590 24ME 2065 WASHWATER PUMP #1 39 INGERSOL- DRESSER 9912MS000950 -1 25PSH -1 2051 WASHWATER PUMP #2 38 VERTILINE 97 -04161 4000 MB HIGH SERVICE PUMP #1 68 GOULD 240B018 -4 3423 4003 MB HIGH SERVICE PUMP #2 68 GOULD 246018 -3 3423 4006 MB HIGH SERVICE PUMP #3 68 GOULD 246018 -2 3423 4009 MB HIGH SERVICE PUMP #4 68 GOULD 246018 -1 3453 5000 MB HIGH SERVICE PUMP #5 68 BYRON JACKSON 95 -ER -1614 3453 5009 MB HIGH SERVICE PUMP #6 68 BYRON JACKSON 95 -ER -1615 2492 INTERBAY REPUMP #1 63 INGERSOL- DRESSER 10984043 -A 8LR 14ALR 2493 INTERBAY REPUMP #2 63 INGERSOL- DRESSER 10984043 -A 2494 INTERBAY REPUMP #3 63 INGERSOL- DRESSER 10984043 -B INTERBAY REPUMP #4 63 INGERSOL- DRESSER 2542 NW REPUMP #1 64 DELAVAL 704987 2543 NW REPUMP #2 64 DELAVAL 704988 -8 2544 NW REPUMP #3 64 DELAVAL 708490 2609 PALMA CEIA TANK PUMP 65 AURORA 01- 295546 411BF411 2626 WEST TAMPA TANK PUMP 66 AURORA 90- 122258 411 411BF 2330 #1 FILTRATE RETURN PUMP 61 GOULDS 4318788 VJC 6 X 6 -14 2331 #2 FILTRATE RETURN PUMP 61 GOULDS 431A788 VJC 6 X 6 -14 2332 #3 FILTRATE RETURN PUMP 61 GOULDS 431A788 VJC 6 X 6 -14 16 BIDDER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared AFFIANT'S NAME Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed invalid. 6. That the Bidder is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida 7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he /she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting, the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he /she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 17 FURTHER BIDDER SAYETH NOT. Bidder: Complete the applicable Acknowledgement for An Individual Acting In His Own Right, A Partnership or A Corporation, according to your firm type. FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT State of County of The foregoing instrument was acknowledged before me this day of 20,, by , who is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed or stamped Printed or typed name of Affiant Commissioned name of notary public FOR A PARTNERSHIP State of County of The foregoing instrument was acknowledged before me this day of 20 , by , who is a partner on behalf of , a partnership. He /She is personally known to me or has produced identification and did (did not) take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed or stamped Printed or typed name of Affiant Commissioned name of notary public 18 FOR A CORPORATION State of County of The foregoing instrument was acknowledged before me this day of 20 , by who is (Title) of (Corporation Name) a corporation under the laws of the State of , on behalf of the said corporation. He /She is personally known to me or who has produced identification and who did (did not) take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed or stamped Printed or typed name of Affiant Commissioned name of notary public 19 BID RESPONSE FOR PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES P /ease Print or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. 1) HOURLY RATES FOR LABOR AND EQUIPMENT RENTAL, PER TECHNICAL SPECIFICATIONS: OUANTITY * UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 1,300(MOL) HOURS PUMP REPAIRS SERVICE CHARGE $ /HR $ 30(MOL) HOURS CRANE RENTAL CHARGE - MIDSIZE $ /HR $ 30(MOL) HOURS CRANE RENTAL CHARGE -LARGE $ /HR $ * MOL = MORE OR LESS TOTAL PRICE FOR LABOR AND EQUIPMENT RENTAL: $ 2) REPLACEMENT PARTS PRICING, PER TECHNICAL SPECIFICATIONS: REPLACEMENT PART COST MARKUP PERCENTAGE: %, (1 + MARKUP %) x $20,000: $ TOTAL AMOUNT OF BID (ITEM #1 AND #2): $ 3) MARKUP PERCENTAGE FROM NORMAL HOURLY RATE FOR EMERGENCY WORK, PER TECHNICAL SPECIFICATIONS: Authorized Signature: Date: 20 Firm Name Type Organization:[ ] Individual [ ] Small Business [ ] Non - Profit [ ] Partnership [ ] Corporation [ ] Joint Venture State of Florida Corporation ID # (from Secretary of State): State of Florida Fictitious Name Reg. # (from Secretary of State): Business is licensed (unless exempt by applicable law) permitted, or certified to do business in the State of Florida: [ ] Yes [ ] No. License # Representative's Name: Representative's Title: Address: City: State: Zip: Telephone No.: Fax No.: Email: Federal I.D. #: Invoice Terms:NET 30 Authorized Signature: Date: Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman Is your business certified as a minority business with any government agency? [ ] Yes [ ] No. If yes, please list below: Agency Name Certification Number Expiration Date Authorized Signature: Date: 21 () City of Tampa - Schedule of All Sub-(Contractors/Consultants/Suppliers) P ( tslSuppliers) Solicited Contract No.: 09 -P -03521 Contract Name: PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES - 71082809 Contractor Name: Address Federal ID Phone Fax Email [ ] No Sub - Contracting Opportunities existed for this contract. [ ] No Firms were contacted because [ ] See attached documents. NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912 -77 This schedule must be submitted with the bid or proposal. Type of Ownership Trade or Contact S = SLBE Company Name (F= Female M =Male) Services Method Quote P Y BF BM = African Am. L- Letter or Address HF HM = Hispanic Am. NIGP Code F =Fax Resp. Federal ID Phone & Fax AF AM = Asian Am. Recd NF NM = Native Am. (listed E =Email Y/N CF CM = Caucasian above) P =Phone Certification: It is hereby certified that the following information is a true and accurate account of contacts and solicitations and responses for sub - contracting opportunities on this contract. Signed Name/Title Date: MBD 10 rev. 07/31/08 Pg of 22 Instructions for completing The Sub - (Contractors /Consultants/ Suppliers) Solicited Form This form must be submitted with all bids or proposals. All subcontractors solicited and subcontractors from whom unsolicited quotations were received must be included on this form. The instructions that directly follow are for the form heading information pertaining to the project and prime. Contract No. This is the number assigned by the City of Tampa for the bid or proposal Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. Contractor Name. The name of your business. Address. The physical address of your business. Federal ID. FIN. A number assigned to your business for tax reporting purposes. Phone. Telephone number to contact business. Fax. Fax number for business. Email. Provide email address for electronic correspondence. No Subcontracting Opportunities existed for this Contract. Checking the box indicates that your business will not use subcontractors and will self - perform all work. If during the administration of the contract you use subcontractors, the " Sub -( Contractors /Consultants /Suppliers) Payments" form must be submitted with your invoices. No Firms were contracted because. Provide brief explanation as to why no subcontractor were used. See attached documents. Check if you have provided any additional documentation relating to the payment data. The following instructions are for information of any and all subcontractors solicited. SLBE. Enter "S" for firms Certified by the City of Tampa as Small Local Business Enterprises. Change order. Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. Company Name, Address, Phone & Fax. Provide company information for verification of payments. Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. Trade, Services, or Materials Indicate the trade, service, or material provided by the subcontractor. NIGP codes are listed at top section of document. Contract Method L= letter, F =fax, E= Email, P= Phone. Indicate with letter the method of soliciting for bid. Quote or Resp. (response) Rec'd (received) Y /N. Indicate "Y" Yes if you received a quotation or if you received a response to your solicitation. Indicate "N" No if you received no response to your solicitation from the subcontractor. If any additional information is required or you have any questions, you may call the Minority Business Development Office at (813) 274 -5522. 23 •City of Tampa - Schedule of Sub-(Contractors/Consultants/Suppliers) to be Utilized PP ) Contract No.: 09 -P -03521 Contract Name: PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES- 71082809 Contractor Name: Address Federal ID Phone Fax Email [ 1 See attached documents. NIGP Code General Categories: Buildings = 909, General = 912, Heavy = 913, Trades = 914, Architects = 906, Engineers & Surveyors = 925, Supplier = 912 -77 Enter "S" for firms Certified as Small Local Business Enterprises Type of Ownership Trade, S = SLBE Company Name (F= Female M =Male) Services, Amount Percent P Y BF BM = African Am. or Materials of Quote. of Address HF HM = Hispanic Am. Letter of Contract Phone & Fax AF AM = Asian Am. NIGP Code Intent if Federal ID NF NM = Native Am. Listed available. CF CM = Caucasian above Total Subcontract/Supplier Utilization $ Total SLBE Utilization $ Percent SLBE Utilization g' Certification: It is hereby certified that the following information is a true and accurate account of utilization for sub - contracting opportunities on this contract. Signed Name/Title Date: MBD 20 rev. 07/31/08 Pg of _ 24 Instructions for completing The Sub - (Contractors /Consultants/ Suppliers) to be Utilized Form This form must be submitted with all bids or proposals if subcontracting will be performed. All subcontractors projected to be utilized must be included on this form. Contract No. This is the number assigned by the City of Tampa for the bid or proposal Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. Contractor Name. The name of your business. Address. The physical address of your business. Federal ID. FIN. A number assigned to your business for tax reporting purposes. Phone. Telephone number to contact business. Fax. Fax number for business. Email. Provide email address for electronic correspondence. See attached documents. Check if you have provided any additional documentation relating to the payment data. The following instructions are for information of any and all subcontractors solicited. Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. SLBE. Enter "S" for firms Certified by the City as Small Local Business Enterprises. Company Name, Address, Phone & Fax. Provide company information for verification of payments. Type of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business. Trade, Services, or Materials (NIGP code if Known) Indicate the trade, service, or material provided by the subcontractor. NIGP codes are available at http: /www.tampagov.net/mbd. Amount of Quote, Letters of Intent (required for Women/Minority Business Enterprises) Percent of Contract. Indicate the percent of the total contract price the subcontract(s) represent. Total Subcontract/Supplier Utilization. — Provide total dollar amount of all subcontractors /suppliers projected to be used for the contract. Total SLBE Utilization. Provide total dollar amount for all projected SLBE subcontractors /Suppliers used for this contract. Percent SLBE Utilization. Total amount allocated to SLBEs divided by the total bid amount. If any additional information is required or you have any questions, you may call the Minority Business Development Office at (813) 274 -5522. 25 0 City of Tampa - Sub -( Contractors /Consultants /Suppliers) Payments [ ] Partial [ ] Final Contract No.: 09 -P -03521 WO #,(if any) Contract Name. PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES- 71082809 Contractor Name: Address Federal ID Phone Fax Email GC Pay Period Payment Request/Invoice Number: City Department: Total Amount Requested for pay period: Total Contract Amount(including change "\yp of Ownership - (F= Female M= Male), BF BM = African Am., HF HM = Hispanic Am., AF AM = Asian Am., NF NM = Native Am., CF CM = Caucasian S = SLBE Type Company Name Total $ To Be Paid Trade/Work Activity Address Sub Contract Dollar Amount For This Period °Sub °Supplier Phone & Fax Or PO Previously Paid Sub Pay Period Federal ID Amount Ending Date Certification: I hereby certify that the above information is a true and accurate account of payments to sub - contractors /consultants on this contract. " Signed Name/Title Date: DMI form 30 (rev. 02/02/09) Pg _ of _ [ ] See attached documents 26 Instructions for completing The Sub - (Contractors /Consultants/ Suppliers) Payment Form This form must be submitted with all invoicing or payment requests where there has been subcontracting rendered for the pay period. If applicable, after payment has been made to the subcontractor, "Waiver and Release of Lien upon Progress Payment ", "Affidavit of Contractor in Connection with Final Payment ", or an affidavit of payment must be submitted with the amount paid for the pay period. The following will detail what data is required for this form. The instructions that directly follow are for the form heading information pertaining to the project and prime. Contract No. This is the number assigned by the City of Tampa for the bid or proposal W.O.# If the report covers a work order number (W.O. #) for the contract, please indicate it in that space. Contract Name. This is the name of the contract assigned by the City of Tampa for the bid or proposal. Contractor Name. The name of your business. Address. The physical address of your business. Federal ID. A number assigned to a business for tax reporting purposes. Phone. Telephone number to contact business. Fax. Fax number for business. Email. Provide email address for electronic correspondence. Pay Period. Provide start and finish dates for pay period. (e.g. 05/01/07 — 05/31/07) Payment Request/Invoice Number. Provide sequence number for payment requests. (ex. Payment one, write 1 in space, payment three, write 3 in space provided.) City Department. The City of Tampa department to which the contract pertains. Total Amount Requested for pay period. Provide all dollars you are expecting to receive for the pay period. Total Contract Amount (including change orders). Provide expected total contract amount. This includes any change orders that may increase or decrease the original contract amount. Signed/Name/Title /Date. This is your certification that the information provided on the form is accurate. See attached documents. Check if you have provided any additional documentation relating to the payment data. Located at the bottom middle of the form. Partial Payment. Check if the payment period is a partial payment, not a final payment. Located at the top right of the form. Final Payment. Check of this period is the final payment period. Located at the top right of the form. The following instructions are for information of any and all subcontractors used for the pay period. (Type) of Ownership. Indicate the Ethnicity and Gender of the owner of the subcontracting business or SLBE. Trade/Work Activity. Indicate the trade, service, or material provided by the subcontractor. SubContractor /SubConsultant /Supplier. Please indicate status of firm on this contract. Federal ID. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. Company Name, Address, Phone & Fax. Provide company information for verification of payments. Total Subcontract Amount. Provide total amount of subcontract for subcontractor including change orders. Dollar Amount Previously Paid. Indicate all dollars paid to a subcontractor as of the payment request. (Do not include amount to be paid for this period) $ To Be Paid for this Period. Provide dollar amount of dollars requested for the pay period. Sub Pay Period Ending Date. Provide date for which subcontractor invoiced performed work. Forms must be signed and dated or will be considered incomplete. The company authorized representative must sign and cert5 the information is true and accurate. Failure to sign this document or return the document unsigned can be cause for determining a company is in non - compliance of Ordinance 2008 -89. If any additional information is required or you have any questions, you may call the Minority Business Development Office at (813) 274 - 5522. 27 ,�" CITY OF TAMPA ( ; li ' • Pam brio, Mayor Purchasing Department �9 ' ;� Gregory K. Spearman, CPPO f Purchasing Director ALL FIRMS ON BID LIST REF: City of Tampa BID, dated AUGUST 4, 2009 Bid for Furnishing: 71082809 PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES To Be Opened: AUGUST 28, 2009 0 2:30 PM SUBJECT: ADDENDUM NO. 1 AUGUST 20, 2009 As a result of the Pre -Bid Meeting /Mandatory Site Visit on August 19 related to the above mentioned subject, please make the following changes to the bid document: 1. On Page 13, replace SECTION 6 with the following: "6. TESTING Each pump shall be tested for vibrations, balance and alignment after all repairs. The pump tolerances shall be recorded and a report of all shall be presented to the City before or on the completion of the repair and /or installation." 2. On Page 14, replace SECTION 15 with the following: "15. CRANE RENTAL Crane rental for the removal of pumps shall be the responsibility of the Awardee. Pricing for both midsize (65 ton) and large (100 ton) cranes, as required, shall be indicated on the Bid Response Page." 3. Replace the BID RESPONSE PAGE with the attached BID RESPONSE PAGE marked "Addendum #1 ". Bid submittals that do not include these revised Bid Response Pages will not be considered. 4. The following question was asked by one the vendors after the Pre - Bid /Mandatory Site Visit: • Is the per hour line item on the bid price sheet a per man or per crew hour? The hourly rate is a flat rate to cover all your costs to work on the pump, not an hourly rate for each person. That could vary from one person or multiples (crew) and equipment based on the job. If you have submitted a bid and need to have it returned to you, please call (813) 274 -8351. Acknowledgement of this Addendum is not required. Sincerely, Gregory K. Spearman, CPPO Director of Purchasing KF /raw 306 E. Jackson Street, 2E • Tampa, Florida 33602 • (813) 274 -8351 • FAX: (813) 274 -8355 TampaGov www.tarnpagov.net "Addendum #1" BID RESPONSE FOR PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES P /ease Print or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. 1) HOURLY RATES FOR LABOR AND EQUIPMENT RENTAL, PER TECHNICAL SPECIFICATIONS: OUANTITY * UNIT DESCRIPTION UNIT PRICE TOTAL PRICE 1,300(MOL) HOURS PUMP REPAIRS SERVICE CHARGE $ /HR $ 30(MOL) HOURS CRANE RENTAL CHARGE - MIDSIZE $ /HR $ (65 TON) 30(MOL) HOURS CRANE RENTAL CHARGE -LARGE $ /HR $ (100 TON) * MOL = MORE OR LESS TOTAL PRICE FOR LABOR AND EQUIPMENT RENTAL: $ 2) REPLACEMENT PARTS PRICING, PER TECHNICAL SPECIFICATIONS: REPLACEMENT PART COST MARKUP PERCENTAGE: %, (1 + MARKUP %) x $20,000: $ TOTAL AMOUNT OF BID (ITEM #1 AND #2): $ 3) MARKUP PERCENTAGE FROM NORMAL HOURLY RATE FOR EMERGENCY WORK, PER TECHNICAL SPECIFICATIONS: Authorized Signature: Date: 2 "Addendum #1" Firm Name Type Organization:[ ] Individual [ ] Small Business [ ] Non - Profit [ ] Partnership [ ] Corporation [ ] Joint Venture State of Florida Corporation ID # (from Secretary of State): State of Florida Fictitious Name Reg. # (from Secretary of State): Business is licensed (unless exempt by applicable law) permitted, or certified to do business in the State of Florida: [ ] Yes [ ] No. License # Representative's Name: Representative's Title: Address: City: State: Zip: Telephone No.: Fax No.: Email: Federal I.D. #: Invoice Terms:NET 30 Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman Is your business certified as a minority business with any government agency? [ ] Yes [ ] No. If yes, please list below: Agency Name Certification Number Expiration Date Authorized Signature: Date: 3 BID PROPOSAL TABULATION /CITY OF TAMPA Note: This is a preliminary summary. Information contained in this summary is subject to review. THIS IS NOT AN AWARD OPENED: SEPTEMBER 2, 2009 @ 3:00 PM BID # /TITLE: 71082809, PUMP REPAIRS AT WATER DEPT. TREATMENT FACILITIES READ BY: KEVIN FRYE TABBED BY: A. GRANT DATE ADVERTISED: 8/7/09, LAGACETA DEPT: WATER ITEM/ QUANTITY DESCRIPTION BIDDER >>> Lane Christensen Co. Tampa Armature Works Regional Engineering UNIT TOTAL UNIT TOTAL UNIT TOTAL 1300 PUMP REPAIRS SERVICE LABOR CHARGE $ /HOUR $55.00 $71,500.00 $29.00 $37,700.00 $38.00 $49,400.00 30 CRANE RENTAL CHARGE - MIDSIZE (65 TON $ /HOUR $225.00 $6,750.00 $178.00 $5,340.00 $148.00 $4,440.00 30 CRANE RENTAL CHARGE -LARGE (100 TON $ /HOUR $420.00 $12,600.00 $264.00 $7,920.00 $212.00 $6,360.00 20000 MARKUP % FOR REPLACEMENT PARTS est. $20K/ ear 15.00% $23,000.00 14.00% $22,800.00 14.00% $22,800.00 LABOR HOURLY RATE MARKUP % FOR EMERGENCY WORK 28.00% 25.00% 25.00% TOTAL AMOUNT OF BID: $113,850.00 $73,760.00 $83,000.00 ITEM/ QUANTITY DESCRIPTION BIDDER >>> Florida Bearings UNIT TOTAL UNIT TOTAL UNIT TOTAL 1300 PUMP REPAIRS SERVICE LABOR CHARGE $ /HOUR $24.00 $31,200.00 $0.00 $0.00 30 CRANE RENTAL CHARGE - MIDSIZE (65 TON $ /HOUR $125.00 $3,750.00 $0.00 $0.00 30 CRANE RENTAL CHARGE -LARGE (100 TON $ /HOUR $165.00 $4,950.00 $0.00 $0.00 20000 MARKUP % FOR REPLACEMENT PARTS est. $20K/ ear 15.00% $23,000.00 0.00% 0.00% LABOR HOURLY RATE MARKUP % FOR EMERGENCY WORK 100.00% 0.00% 0.00% TOTAL AMOUNT OF BID: $62,900.00 - ........ ............ i % CITY OF TAMPA 1 r �o`` F loes • � • Pam lorio, Mayor Purchasing Department �� � ,.u•. -� ,. I II 0 ,� 4 0,6%.4.2 �h ` ` Gregory K. Spearman, CPPO -TgeoO UO,j /l Purchasing Director ALL FIRMS ON BID LIST REF: City of Tampa BID, dated AUGUST 4, 2009 Bid for Furnishing: 71082809 PUMP REPAIRS AT WATER DEPARTMENT TREATMENT FACILITIES To Be Opened: AUGUST 28, 2009 @ 2:30 PM SUBJECT: ADDENDUM NO. 2 AUGUST 25, 2009 1. Please note the bid opening date and time has been changed to SEPTEMBER 2, 2009 @ 3:00 PM. 2. A correction is being made to the answer provided by the City to a vendor's question in Addendum #1. The question and correct answer is the following: • Is the per hour line item on the bid price sheet a per man or per crew hour? The hourly rate on the Bid Response Page is a per man hour. If the job requires multiple personnel the vendor will invoice the City for each person required to perform the work. 3. The following question was asked by a vendor regarding this bid /service: • If the City currently has a contract for monthly vibration analysis service, why would vibration analysis, which incurs more expense, be added to the pump repair contract? We do agree that alignment and balancing would normally be considered within the work scope of a pump repair. It's in the best interest of the City to have the Awardee perform vibration analysis prior to the unit being turned over to the City of Tampa. Per Section 16 and 17 of the Technical Specifications, the Awardee is providing a one -year warranty on its work and is responsible for any damages that is caused based on the performance of its services. If you have submitted a bid and need to have it returned to you, please call (813) 274 -8351. Acknowledgement of this Addendum is not required. Sincerely, Gregory K. Spearman, CPPO Director of Purchasing KF 306 E. Jackson Street, 2E • Tampa, Florida 33602 • (813) 274 -8351 • FAX: (813) 274 -8355 Tarrmp i&av www.tampayov.not AGENDA REQUEST Date: April 18, 2011 PUBLIC HEARING RESOLUTIONS ORDINANCE OTHER BOARD APPOINTMENT CONSENT X BUSINESS ITEM DESCRIPTION: Lawn Maintenance Services Agreement - Glencoe Lawns, Inc. BACKGROUND: The current agreement the City of Edgewater has with Glencoe Lawns, Inc. expires on April 19, 2011. This agreement was for Glencoe Lawns, Inc. to provide lawn maintenance services to the City as specified. Glencoe Lawns, Inc. would like to renew this agreement with the same terms and conditions for an additional one year period as stated in the current agreement. STAFF RECOMMENDATION: Staff recommends that the current agreement be amended to extend the agreement to April 19, 2012. ACTION REQUESTED: Motion for City Council approve Addendum 1 with Glencoe Lawns, Inc. for Lawn Maintenance Services and aurthorize the City Manager to sign the Addendum. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO N/A DATE: AGENDA ITEM NO. Respectfully submitted, /lack Corder Robin Matusick ,Department Director Para Legal racey : arlow City anager ADDENDUM NUMBER 1 LAWN MAINTENANCE SERVICES AGREEMENT GLENCOE LAWNS, INC. By Agreement made and entered into this day of , 2011, by and between the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as"CITY ") and GLENCOE LAWNS, INC., (hereinafter referred to as "Glencoe "). WITNESSETH The CITY and GLENCOE mutually agree to amend that certain Agreement between the CITY and GLENCOE made and entered into on April 19, 2010 as follows: 1) Both parties wish to utilize the option contained in paragraph: IV. TERM AND TERMINATION: by electing to renew the contract for an additional term of one (1) year. Thereby extending the current contract from April 19, 2011 through and until April 19, 2012. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Tracey T. Barlow City Manager Dated: WITNESSES: GLENCOE LAWNS, INC. Sandra Hull President Dated: (Agreement \LawnMaitenance- GlencoeLawns- Addendum# 1 -2011) LAWN MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT made and entered into this day of April 2010, by and between the CITY OF EDGEWATER ("City"), a municipal corporation, whose mailing address is Post Office Box 100, Edgewater, FL 32132-0100 and GLENCOE LAWNS, INC. ("Glencoe"), whose mailing address is 1989 South Glencoe Road, New Smyrna Beach, FL 32168. WHEREAS, the City, having advertised for requests for proposals (#RFP-09-CE-001) for lawn maintenance services, a copy of which is attached as Exhibit "A" and incorporated herein, and having determined that Glencoe Lawns, Inc. could supply said services, desires to obtain the services of Glencoe; and WHEREAS, Glencoe desires to provide lawn maintenance services to the City. 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. SCOPE OF WORK A. Upon issuance of a work order by the City, Glencoe shall perform at the designated location all lawn mowing and trimming services deemed necessary by the City of Edgewater. B. Glencoe shall perform the specified lawn maintenance services within two (2) business days of receipt of the work order. No work shall be performed on Sundays unless specifically requested by the City. RESPONSIBILITIES AND REQUIREMENTS A. Glencoe shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of the work specified herein. B. Glencoe shall obtain all licenses and certificates as may be required by federal, state and local laws, ordinances, rules and regulations for the proper execution and completion of the work specified. (Lawn Maintenance Services Agreement — 2010) C. Glencoe's employees shall wear appropriate safety gear, uniforms, and footwear that comply with all legal requirements including, but not limited to, Occupational Safety and Health Administration requirements. D. Glencoe is required to be familiar with all federal, state and local laws, ordinances, rules and regulations that in any manner affect the work performed under this Agreement. Ignorance on the part of Glencoe shall not, in any way, relieve Glencoe from responsibility for compliance with said laws and regulations or any of the provisions of this Agreement. E. On or before the fifth day of each month, Glencoe shall provide the City with an invoice for the services provided during the previous month. The invoice shall list each location at which services were provided, the cost for the services performed at each location and a total for all services provided that month. The invoice shall be submitted to: Jack Corder Director of Leisure Services City of Edgewater Post Office Box 100 Edgewater, FL 32132 111. MINIMUM INSURANCE REQU IR EM ENTS A. Prior to the commencement of lawn maintenance services, Glencoe shall procure and maintain at least the following insurance coverage with the limits specified herein. All insurance companies providing insurance under this Agreement shall be authorized to conduct business in the State of Florida and shall have a general policy holders rating of A or better and a financial size rating of class X or better according to the latest publication of Best Key Rating Guide, published by AM Best, Inc. Said insurance shall be evidenced by delivery to the City of: (1) a certificate of insurance executed by the insurers listing coverage and limits, expiration dates and terms of policies and all endorsements whether or not required by the City, and listing all carriers issuing said policies; and (2) a copy of each policy, including all endorsements. The insurance requirements shall remain in effect throughout the term of this Agreement. 1. Workers' Compensation limits as required by state and federal laws. 2. Commercial General Liability Insurance covering the liability assumed under the indemnification provisions of this Agreement, with limits of liability for personal injury and/or bodily injury, including death, of not less than $1,000,000.00 each occurrence; and property damage of not less than $1,000,000.00 each occurrence. Combined Single Limits of not less than $500,000.00 each occurrence will be acceptable. Coverage shall be (Lawn Maintenance Services Agreement - 2010) 2 on an "occurrence" basis and the policy shall include Broad Form Property Damage coverage and Fire Legal Liability of not less than $50,000.00 per occurrence. 3. Comprehensive Automobile and Truck Liability covering owned, hired and non-owned vehicles with minimum limits of $500,000.00 each occurrence and property damage of not less than $100,000.00 each occurrence. Combined Single Limits of not less than $500,000.00 each occurrence will be acceptable. Coverage shall be on an "occurrence" basis. B. Each insurance policy shall include the following conditions by endorsement to the policy: 1. Each policy shall require that at least thirty (30) days prior to expiration, cancellation, non-renewal or any material change in coverage or limits, a notice thereof shall be given to the City by certified mail to: City Attorney, P. 0. Box 100, Edgewater, Florida 32132-0100. Glencoe shall also notify the City, in a like manner, within twenty-four (24) hours after receipt of any notices of expiration, cancellation, non-renewal or material change in coverage received by Glencoe from its insurer; and nothing contained herein shall absolve Glencoe of this requirement to provide notice. 2. The City of Edgewater shall be endorsed to the required policy or policies as an additional named insured. IV. TERM AND TERMINATION A. This Agreement shall be effective from , 11)y--11 iq 2010, through V 1 19 , 2011, unless terminated earlier as provided herein. At the option of the City, the Agreement may be renewed at the same terms and conditions for an additional one-year period. Upon agreement of both parties, the Agreement may be renewed for four (4) additional one-year periods, provided, however, that the Agreement may be amended to reflect the renegotiation of terms acceptable to the parties. The rates of compensation stated in this Agreement shall remain firni for the first two (2) years of this Agreement. B. Should Glencoe be found to have failed to perform the lawn maintenance services required under this Agreement in a manner satisfactory to the City, the City may terminate this Agreement immediately for cause. The City may terminate this Agreement for convenience upon thirty (30) days written notice to Glencoe. (Lawn Maintenance Services Agreement — 2010) 3 V. COMPENSATION For the lawn maintenance services performed under the terms of this Agreement, the City shall pay Glencoe a $60.00 flat rate for mowing and trimming at each commercial or residential property not exceeding .25 acres. For commercial and residential properties which exceed .25 acres, the City shall pay Glencoe $60.00 per hour. VI. INDEPENDENT CONTRACTOR Glencoe is and shall be an independent contractor and operator, responsible to all parties for all of its acts or omissions and the City shall in no way be responsible for such acts or omissions. Glencoe shall and will indemnify and hold harmless the City from and against any and all liability, claims, demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions, and costs of actions, including reasonable attomey's fees of any kind and nature arising or growing out of or in any way connected with Glencoe's provision of lawn maintenance services under this Agreement, except as shall have been occasioned by the sole negligence of the City. VII. AVAILABILITY OF RECORDS Glencoe shall make available to the City upon request all reports, records, and other pertinent information relating to the Glencoe's performance under this Agreement as may be required by the City. The City reserves the right, during normal business hours, to inspect and audit the Glencoe's records pertaining to service provided under this Agreement. All records must be maintained at one central location. VIII. INDEMNIFICATION OF CITY To the fullest extent permitted by law, Glencoe shall indemnify and hold harmless the City and its employees, from and against damages, losses, and expenses, including but not limited to reasonable attorney's fees and other reasonable legal costs such as those for paralegal, investigative, and legal support services, and the actual costs incurred for each witness testimony, arising out of or resulting from the performance of services required under this Agreement, provided that same is caused by the error, omission, negligent act, or misconduct of Glencoe, its agents, servants, employees, or subcontractors. In accordance with Florida Statutes, Chapter 725, adequate consideration has been provided to Glencoe for this obligation, the receipt and sufficiency of which is hereby specifically acknowledged. Nothing herein shall be deemed to affect the rights, privileges, and immunities of the City as set forth in Section 768.28, Florida Statutes. In claims against any person or entity indemnified under this section by an employee of Glencoe or subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be legally liable, the indemnification obligation under this section shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for Glencoe or its agents or subcontractors, under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. (Lawn Maintenance Services Agreement — 2010) 4 IX. SUBCONTRACTORS Glencoe may not employ or use any subcontractors in carrying out the services in this Agreement without the prior written approval of the City. In the event such written approval is granted, Glencoe shall coordinate the services and work of any subcontractors, and remain fully responsible for any damages or other liabilities caused by such Subcontractors. X. EQUAL OPPORTUNITY EMPLOYMENT Glencoe agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin and will take affirmative steps to insure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment, advertising; layoff or termination; rates of pay or their forms of compensation; and selection for training, including apprenticeship. XI. NO CONTINGENT FEES Glencoe warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for Glencoe to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely Glencoe, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of this provision, the City shall have the right to terminate the Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount for such fee, commission, percentage, gift or consideration. XII. COMPLIANCE WITH § 287.133, FLORIDA STATUTES Glencoe shall, simultaneous with the execution of this Agreement, if not previously done, execute a public entity crime statement required by §287.133, Florida Statutes. XIII. NOTICES All notices or other communications required or permitted under this Agreement shall be in writing and shall be deemed duly given if delivered in person or sent by certified mail, return receipt requested, and addressed as follows: If to City: With Copy to: City Manager Legal Department City of Edgewater City of Edgewater P. 0. Box 100 P. 0. Box 100 Edgewater, FL 32132-0100 Edgewater, FL 32132-0100 (Lawn Maintenance Services Agreement — 2010) 5 If to Glencoe: Sandy Hull Glencoe Lawns, Inc. 1989 South Glencoe Road New Smyrna Beach, FL 32168 XIV. HEADINGS The descriptive headings appearing in this Agreement are for convenience only and are not to be construed either as a part of the terms and conditions hereof or as any interpretation thereof. XV. AMENDMENTS This Agreement may only be amended by a written document signed by both parties. XVI. ENTIRE AGREEMENT This Agreement embodies the whole understanding of the parties. There are no promises, terms, conditions, or obligations other than those contained herein, and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the parties hereto. XVII. ASSIGNMENT Glencoe shall not assign its obligations hereunder without the prior written consent of the City. XVIII. BINDING EFFECT All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. XIX. GOVERNING LAW This Agreement shall be governed by the laws of the State of Florida. IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered into the date and year first written above. (Lawn Maintenance Services Agreement — 2010) 6 WITNESSES: GLENCOE LAWNS, INC. f ( 3)A,7 , 1\e--e yllftrA 11 -1‘..1 kALf dra flu7President WITNESSES: CITY OF EDGEWATER, FLORIDA By dietAL, t a-* Tracey T. Barlow City Manager (Lawn Maintenance Services Agreement - 2010) 7 AGENDA REQUEST C.A. #AN -1002 Date: April 4, 2011 PUBLIC HEARING April 18, 2011 RESOLUTION ORDINANCE April 18, 2011 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2 °d Reading Ordinance No. 2011 -0 02 The American Legion, Edgewater Post #285 requesting annexation of 1.36± acres of property located at 4497 S. U.S. Highway 1. OWNER: The American Legion, Edgewater Post #285 APPLICANT /AGENT: Wallace Ferreira REQUESTED ACTION: Annexation PROPOSED USE: Lodge LOCATION: 4497 S. U.S. Highway 1 (northeast corner of U.S. 1 and William St.) AREA: 1.36± acres CURRENT LAND USE: Vacant retail /warehouse building (formerly Play Two Marine) FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County B4 -W (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Volusia County Volusia County Urban Volusia County B -4W Vacant Commercial Low Intensity East Volusia County Volusia County Urban Volusia County R -3W Vacant Commercial Low Intensity South Volusia County Volusia County Urban Volusia County B -4W Commercial Low Intensity West Vacant/Undeveloped / Low Density Residential w/ RPUD (Residential Planned Unit Residential Planned Conservation Overlay Development) Unit Development Background: The property is located east of U.S. Highway 1 and north of William St. The applicant is seeking annexation as well as an amendment to the City's Future Land Use and Zoning Maps to include this 1.36± acre parcel. Land Use Compatibility: The proposed Commercial Future Land Use is compatible with the majority of commercial uses along US Highway 1. Adequate Public Facilities: This site has access to U.S. Highway 1 and is currently served with City water through the Volusia County wholesale agreement. Other Matters: The applicant is concurrently seeking an amendment to the Future Land Use and Zoning Maps to include this 1.36± acre parcel. At their regular meeting held on February 9, 2011, the Planning and Zoning Board voted 7 -0 to send a favorable recommendation to City Council to annex the 1.36± acres of property located at 4497 S. U.S. Highway 1. At their regular meeting held on March 7, 2011, City Council held a first reading and voted 4 -0 to approve the annexation. STAFF RECOMMENDATION Staff recommends approval of Ordinance 2011 -0 -02, annexation of 1.36± acres of property located at 4497 S. U.S. Highway 1. ACTION REQUESTED: Motion to approve Ordinance 2011 -0 -02. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES 8a. NO If so, DATE: March 7, 2011 AGENDA ITEM # Respe fully sub r ted, Concurrence: � l/ ► , / Da -n ear Robin L. Matusick Development Services Director Paralegal racey . arlow City anager ORDINANCE NO. 2011-0-02 AN ORDINANCE ANNEXING 1.36 ACRES OF CERTAIN REAL PROPERTY LOCATED AT 4497 SOUTH US HIGHWAY NO. 1, VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER, 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, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Wallace Ferreira has applied on behalf of The American Legion, Edgewater Post #285, Inc., owners for annexation of property located at 4497 South US Highway No. 1, within Volusia County, Florida. Subject property contains approximately 1.36 + acres. 2. The owners /applicants have 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 February 9, 2011, the Board 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 of the City of Edgewater, Florida: 1 &tike - through passages are deleted. Underlined passages are added. #2011 -0 -02 PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEWATER, 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 Edgewater 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 Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia 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. 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, 2 et- '"sough passages are deleted. Underlined passages are added. #2011 -0 -02 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 Volusia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PART F. ADOPTION. After Motion to approve by Councilman Cooper with Second by Councilman Ignasiak, the vote on the first reading of this ordinance held on March 7, 2011, was as follows: AYE NAY Mayor Mike Thomas X Councilman Justin A. Kennedy X Councilwoman Gigi Bennington ABSENT Councilman Mike Ignasiak X Councilman Ted Cooper X 3 Strike-through passages are deleted. Underlined passages are added. #2011 -0 -02 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on April 18, 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper PASSED AND DULY ADOPTED this 18th day of April, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 18th day legality by: Carolyn S. Ansay, Esquire of April, 2011 under Agenda Item No. 8 . City Attorney Doran, Sims,Wolfe, Ansay, Kundid & Birch 4 Strife threugh passages are deleted. Underlined passages are added. #2011 -0 -02 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of Volusia and State of Florida. PARCEL #1: Lots 2 and 4, Block 1, Water Front Park, According to the map or plat thereof as recorded in Plat Book 11, Page 251, Public Records of Volusia County, Florida and sometimes also described as Lots 2 and 4, Block 1, Water Front Revision, according to the map thereof as recorded in Map Book 23, Page 136, Public Records of Volusia County, Florida. Containing 1.36 + acres more or less. 5 Strike4hr-engh passages are deleted. Underlined passages are added. #2011 -0 -02 o til U ca N N Q 0 i W c �%%% • • ii I ON U'' r 1 . tto -t,� � ■ ∎ � 0 1$ iti ��� ♦ 1. ■ t\Tr v ‘ , '‘' v sk te. 0,,,,, 0° ■ e iik**171 1 1: 3 ‘ ° if * 0 0 ■ ° s■‘)t l' $ 4 p s 0 fA. „ig z t4 • I, • v), •.-,- • ,iiti., i...... I. 10,g, 1 Itviv•vik7r1 v- • E r- \__ ti,;: It 44 \ woo l %% \ \ \ .; . l a .., ., ,, ,\‘:, f 11 1 ,4 :,,,, t \ i ‘ ' IjV, s'A • \:A• 10.041:-4, %!.. \.:\ * *14 t\ s ''", ILAV4-tv*- "I 4t. ';* vt. til 00 u� Vii• . \ l , ,.1 - ci. ,) , .1 __- 7. fa. :: _ siRE DY41)AKS_LN-- / P_L. 0 / i / i AGENDA REQUEST CPA -1004 Date: April 4, 2011 PUBLIC HEARING X RESOLUTION ORDINANCE April 18, 2011 BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2 " Reading - Ordinance No. 2010 -0 -23 Adoption of the Evaluation and Appraisal Report (EAR) -based amendments to the Comprehensive Plan to include revisions to the Future Land Use Element, Population Sub - Element, Transportation Element, Housing Element, Sanitary Sewer Sub- Element, Solid Waste Sub - Element, Stormwater Sub - Element, Potable Water Sub - Element, Natural Groundwater & Aquifer Sub - Element, Coastal Element, Conservation Element, Recreation & Open Space Element, Intergovernmental Coordination Element, Capital Improvement Element, Concurrency Management Sub - Element, Public School Facilities Element and each element's applicable map series. APPLICANT /AGENT: City of Edgewater REQUESTED ACTION: Approve the adoption of the Evaluation and Appraisal Report (EAR) -based amendments to the Comprehensive Plan to include revisions to the Future Land Use Element, Population Sub - Element, Transportation Element, Housing Element, Sanitary Sewer Sub - Element, Solid Waste Sub - Element, Stormwater Sub - Element, Potable Water Sub - Element, Natural Groundwater & Aquifer Sub- Element, Coastal Element, Conservation Element, Recreation & Open Space Element, Intergovernmental Coordination Element, Capital Improvement Element, Concurrency Management Sub - Element, Public School Facilities Element and each element's applicable map series. BACKGROUND Florida Statutes require each local government to periodically provide a report assessing the status of their Comprehensive Plan. This report is titled the EAR, which purpose is to measure the progress toward implementation of the Comprehensive Plan, with a focus on achieving the stated goals, objectives, and polices. This review is a two part procedure and occurs approximately once every seven (7) years. The first phase of the process is the preparation and adoption of said EAR. The Planning and Zoning Board, acting as the Evaluation and Appraisal Report Committee, held several meetings to review the existing Comprehensive Plan and developed a list of major issues for the City of Edgewater. City Council approved the list of issues in October 2007. City staff held a scoping meeting with other governmental agencies on November 7, 2007 to obtain feedback/suggestions regarding the issues list. The City received a Letter of Understanding from the Department of Community Affairs (DCA) for the major issues list on November 19, 2007. City Council approved the transmittal of the proposed EAR to DCA on 1 June 2, 2008. DCA issued an Objections, Recommendations and Comments (ORC) Report on July 11, 2008. The City addressed the comments and recommendations contained in the ORC Report and the EAR was found sufficient by DCA in December 2008. The second part of the process is amending the current Comprehensive Plan based on the recommendations contained in the EAR. After adoption by City Council and DCA's finding of compliance, these EAR -based amendments form the City's new Comprehensive Plan. The proposed format of the Comprehensive Plan is somewhat different than in the past as the data and analysis portions of most of the elements will not be adopted as part of the Plan, but will be intended only as support documents to the plan itself. This separation of documents should make the Plan more user - friendly and streamline future amendment processes. Additionally, the planning horizon has been extended to the year 2030. On December 13, 2010, City Council approved the first reading of the ordinance by a vote of 5 -0. The proposed EAR -based amendments were transmitted to DCA and all other required state, county and local regulatory agencies on December 14, 2010. DCA issued an Objections, Recommendations and Comments (ORC) Report on March 4, 2011. All issues raised within the ORC have been satisfactorily addressed (see attached memo). Other Matters There are no other known matters. STAFF RECOMMENDATION Staff recommends approval of second reading of Ordinance No. 2010 -0 -23, adopting the EAR -based Comprehensive Plan amendments. ACTION REQUESTED Motion to approve second reading of Ordinance No. 2010 -0 -23; adopting the EAR -based Comprehensive Plan amendments. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES X NO If so, DATE: December 13, 2010 AGENDA ITEM # 8a. Respectfully submittd, Concurrence: 1 i z 3 Darren ear Robin L. Matusick Development Services Director Paralegal _ /5, Trac arlow City nager 2 ORDINANCE NO. 2010 -0 -23 AN ORDINANCE OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; AMENDING THE CITY'S COMPREHENSIVE PLAN PURSUANT TO THE EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS; TO INCLUDE REVISIONS TO THE FUTURE LAND USE ELEMENT, POPULATION SUB - ELEMENT, TRANSPORTATION ELEMENT, HOUSING ELEMENT, SANITARY SEWER SUB - ELEMENT, SOLID WASTE SUB - ELEMENT, STORMWATER SUB - ELEMENT, POTABLE WATER SUB - ELEMENT, NATURAL GROUNDWATER & AQUIFER SUB - ELEMENT, COASTAL MANAGEMENT ELEMENT, CONSERVATION ELEMENT, RECREATION & OPEN SPACE ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, CAPITAL IMPROVEMENT ELEMENT, CONCURRENCY MANAGEMENT SUB - ELEMENT, PUBLIC SCHOOL FACILITIES ELEMENT AND EACH ELEMENT'S APPLICABLE MAP SERIES; ESTABLISHING THE CITY OF EDGEWATER COMPREHENSIVE PLAN 2030; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3191, Florida Statutes, directs local governments to periodically assess the success or failure of the adopted plan to adequately address changing conditions and state policies and rules and submit an EAR; and WHEREAS, pursuant to Chapter 163 , Part II, Florida Statutes; Section 2(b), Article VII of the State Constitution; and Chapter 166, Part I, Municipal Home Rule Powers Act, the City Council desires to adopt the proposed comprehensive plan EAR -based amendments and authorize the transmittal to the DCA and other agencies as required by State law; and 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. (2010), on Struck passages are deleted. 1 Underlined passages are added. #2010 -0 -23 Wednesday, November 17, 2010 on the proposed EAR -based amendments and following that Public Hearing voted and recommended that the City Council approve the aforesaid EAR -based amendments to the City's Comprehensive Plan; and WHEREAS, the City Council has provided and opportunity to receive comments and proposals from the general public and held two public hearings with regard to the proposed amendment to the Comprehensive Plan; and WHEREAS, the City Council reviewed the proposed EAR- based amendments, held an advertised public hearing, and provided for comments and public participation in the process in accordance with the requirements of state law and the procedures adopted for public participation in the planning process, and authorized transmittal of the EAR -based amendments to the Department of Community Affairs and review agencies for the purpose of review in accordance with Florida law. The referenced amendments are attached hereto as the Comprehensive Plan City of Edgewater 2030; WHEREAS, the City Council hereby declares that the purpose and intent of the proposed amendment to the Comprehensive Plan is to guide future growth and development; encourage the most appropriate use of land, water, and other resources, consistent with the public interest; promote and protect public health, safety, comfort, good order, appearance, convenience, aesthetics, and general welfare; prevent the overcrowding of land and avoid undue concentration of population; provide adequate and efficient transportation, water, sewage, drainage, fire protection, schools, parks, recreational facilities, housing and other services, facilities and resources; and conserve and protect natural resources within the City, while protecting private property rights. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: Struck passages are deleted. 2 Underlined passages are added. #2010 -0 -23 PART A. AMENDMENT. Amending the Comprehensive Plan Elements hereby described in Exhibit A (which is attached hereto and incorporated herein). PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (15) (b), Fla. Stat. (2010). The required advertisement shall be no less than two columns wide by TEN (10) inches 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 of limited 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) (b) Fla. Stat. (2010). The advertisement shall substantially be in the following form: Notice of Comprehensive Plan Amendment The City of Edgewater proposes to adopt the following ordinance: S r� passages are deleted. 3 Underlined passages are added. #2010 -0 -23 ORDINANCE NO. 2010 -0 -23 AN ORDINANCE OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, RELATING TO COMPREHENSIVE PLANNING; AMENDING THE CITY'S COMPREHENSIVE PLAN PURSUANT TO THE EVALUATION AND APPRAISAL REPORT (EAR) BASED AMENDMENTS; TO INCLUDE REVISIONS TO THE FUTURE LAND USE ELEMENT, POPULATION SUB - ELEMENT, TRANSPORTATION ELEMENT, HOUSING ELEMENT, SANITARY SEWER SUB - ELEMENT, SOLID WASTE SUB - ELEMENT, STORMWATER SUB - ELEMENT, POTABLE WATER SUB - ELEMENT, NATURAL GROUNDWATER & AQUIFER SUB - ELEMENT, COASTAL MANAGEMENT ELEMENT, CONSERVATION ELEMENT, RECREATION & OPEN SPACE ELEMENT, INTERGOVERNMENTAL COORDINATION ELEMENT, CAPITAL IMPROVEMENT ELEMENT, CONCURRENCY MANAGEMENT SUB - ELEMENT, PUBLIC SCHOOL FACILITIES ELEMENT AND EACH ELEMENT'S APPLICABLE MAP SERIES; ESTABLISHING THE CITY OF EDGEWATER COMPREHENSIVE PLAN 2030; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. A public hearing on the ordinance changing the Comprehensive Plan will be held on December 13, 2010 at 6:30 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 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 St-°� passages are deleted. 4 Underlined passages are added. #2010 -0 -23 that the second advertisement is published. 163.3184, Fla. Stat. (2010). 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. 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. PART E. EFFECTIVE DATE. This ordinance shall become effective upon its final adoption and as provided by general law. PART F. 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. ADOPTION. After a motion by Councilwoman Bennington with second by Councilman Cooper, the vote on first reading of this ordinance held on December 13, 2010 is as follows: AYE NAY Mayor Mike Thomas X Councilman Justin A. Kennedy X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Ted Cooper X St^� l passages are deleted. 5 Underlined passages are added. #2010 -0 -23 After a motion by with second by , the vote on second reading/public hearing of this ordinance held on April 18, 2011 is as follows: AYE NAY Mayor Mike Thomas Councilman Justin Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper PASSED AND DULY ADOPTED this 18th day of April, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 18th day legality by: Carolyn S. Ansay, Esquire of April, 2011 under Agenda Item . City Attorney Doran, Sims, Wolfe, Ansay & Kundid StFack-4hfough passages are deleted. 6 Underlined passages are added. #2010 -0 -23 EXHIBIT A &Ricic- tlireagh passages are deleted. 7 Underlined passages are added. #2010 -0 -23 Memorandum in Response to the Objections, Recommendations and Comments Report of the Department of Community Affairs dated March 4, 2011 (DCA No. 11- 1ER); dated March 21, 2011 (Revisions since first reading on 12/13/2010). Objection 1: Density Bonuses in the Land Development Code Response: Policy 2.2.5 of the Housing Element has been revised as follows: Density Bonuses and Affordable Housing. The City shall review the Land Development Code to develop incentives to promote affordable housing by determining the feasibility of establishing a program of density bonuses in return for developer contributions to affordable housing. Density bonus criteria including. but not limited to. bonus amount. eligible future land use categories. receivable eligibility conditions and affordability standards shall be adopted in the Comprehensive Plan. Density bonuses shall not be allowed within the Coastal High Hazard Area. Developers shall have the option of either providing affordable housing on the same site or contributing to the Affordable Housing Trust Fund established in Policy 2.2.4. Comment 1: 1 Level of Service Standard (LOSS) Response: Tables I1 -8 and I1 -9 of the Transportation Data and Analysis, while not a part of the proposed adopted Comprehensive Plan has been amended to reflect the 1 -95 LOSS as a `B ". Accordingly, Policy 1.1.2 of the proposed Transportation Element has been as revised as follows: LOS Standard. The minimum Level -of- service (LOS) standard, to be adopted as part of this Element and Plan, shall be as follows: • Limited Access Roads GB Peak Hour, or as otherwise prescribed by FDOT; • Arterials D Peak Hour; and • Collectors D Peak Hour. [9J -5.019 (4)(c)1, F.A.C.] Additionally, the following areas within the Capital Improvement Element (CIE) and the Concurrency Management System (CMS) Sub - Element are affected and the proposed revisions are as follows: Page IX - - CURRENT STATUS: The City has adopted formal LOS standards with the completion of their CIP. Therefore, the LOS standards as outlined in the various elements of the CIP have been listed below. Sanitary Sewer: 204 gallons per equivalent residential unit per day Solid Waste: 2.5 pounds per capita per day Stormwater: Level A — No significant street flooding Level B — No major residential yard flooding Level C — No significant structure flooding Level D — No limitation on flooding (Based on 25- year /24 -hour storm event) Potable Water: 204 gallons per equivalent residential unit per day Collector Roadways: LOS D for peak hour volumes Arterial Roadways: LOS D for peak hour volumes Limited Access Road: LOS GB Policy 1.5.1 - LOS Standards. The City shall use the following LOS standards in reviewing the impacts of new development and redevelopment upon public facility provision in the City or in the City's Utility Service Area [9J -5.016 (3)(c)4., F.A.C.]: Sanitary Sewer: 204 gallons per equivalent residential unit per day Solid Waste: 2.5 pounds per capita per day Stormwater Level A — No significant street flooding Level B — No major residential yard flooding Level C — No significant structure flooding Level D — No limitation on flooding (Based on 25- year /24 -hour storm event) Potable Water: 204 gallons per equivalent residential unit per day Collector Roadways: LOS D for peak hour volumes Arterial Roadways: LOS D for peak hour volumes Limited Access Road: LOS GB Policy 2.1.1, Table CM -1 of the CMS Sub - Element - LOS Standards and Reviewing the Impacts of Developments. The City shall use the LOS standards (found in Table CM -I) in reviewing the impacts of new development and /or redevelopment upon public facilities and services. [9J- 5.0055 (2)(a), (2)(b) and (2)(c), F.A.C.] Facility Standard Sanitary Sewer 204 gallons /ERU /day Solid Waste .2.51bs /capita/day Potable Water 204 gallons /ERU /day Water quality: Meet State and Federal Drinking Water Standards Stormwater 25 year /24 hr storm Traffic Circulation Limited Access Roads GB, or as otherwise prescribed by FDOT Arterial D Collectors D Guideline for Recreational LOS /Person Facilities Parkland 5 acres /1,000 persons Baseball /Softball 1 Field /4,000 persons Basketball Court 1 court/5,000 persons Tennis Court 1 court/3,500 persons Facility Standard Handball /Racquetball 1 court/4,000 persons Court Community Center 1 facility /30,000 persons Multi- Purpose /Soccer 1 field /4,000 persons Shuffle Board Court 1 court /1,500 persons Bocci Ball Court 1 court /10,000 persons Volley Ball Court 1 court /5,000 persons Boat Ramps 1 ramp /4,700 persons Bike /Pedestrian Trail 1 mile /4,000 persons Fitness Trails I mile /14,000 persons Activities Center 1 /15,000 persons Gymnasium N/A Public Schools Elementary Schools 115% of permanent FISH capacity for the concurrency service area. K- 8 Schools 1 15% of permanent FISH capacity for the concurrency service area. Middle Schools 1 15% of permanent FISH capacity for the concurrency service area High Schools 120% of permanent FISH capacity for the concurrency service area Special Purpose Schools 100% of permanent FISH capacity. Comment 2: Aquifer Recharge Areas Response: The Natural Groundwater and Aquifer Recharge Data and Analysis, while not a part of the proposed adopted Comprehensive Plan has been amended to reflect the following: The City's Aquifer Recharge Areas in Volusia County Map indicates the Floridan aquifer recharge characteristics in the Edgewater area. It should be noted that the recharge potential of the majority of the Edgewater area is quite low with some areas having a higher recharge potential. The aquifer recharge rate within the majority of the Edgewater area is less than four inches per year, with recharge rates of four to eight inches. Some areas may have the potential of eight to twelve and twelve to twenty inches per year only along the far western limits of the City's boundaries [9J -5.01 1(1)(g), F.A.C.]. percolates into the Floridan aquifer. At present, the Edgewater area contains no designated prime groundwater recharge ar as. Responses to other agencies comments: St. Johns Water Management District A. Water Supply Planning Comment 1(a) Response: Figure 1 -1, the Utility Service Area Map has been added. Comment 1(b) Response: Figure 3 -1, the Wells Location Map has been added. Comment 2 Response: Policy 1.2.3 of the Potable Water Sub - Element is revised as follows: Adoption of the City's Water Supply Facilities Work Plan. The City hereby adopts by reference the Water Supply Facilities Work Plan (WSFWP) dated Lei 2098Apri1 2009 as prepared by the City of Edgewater (see Attachment A of the Potable Water Elemen).The City will maintain a WSFWP for a planning period of not less than ten years. The WSFWP addresses issues that pertain to water supply facilities and requirements needed to serve current and future development within the City's water service area. The City shall review and update the WSFWP at least every five years. Any changes to occur within the first five years of the WSFWP shall be included in the annual Capital Improvements Plan update to ensure consistency between the Potable Water Sub- element and the Capital Improvements Element. Comment 3 Response: Policy 6.3.3 of the Coastal Management Element is revised as follows: Maintaining Interlocal Agreements and Potable Water. Maintain interlocal agreements with the County and adjacent local governments to identify future potable water service areas and modify the WSFWP when needed to accommodate added users. Comment 4 Response: Objective 6.4 is revised as follows: Sanitary Sewer. Provide sufficient sanitary sewer treatment capacity, erici effluent reuse and disposal methods to meet the demand projected by growth and development consistent with adopted water quality standards and the WSFWP. B. Aquifer Recharge Comment 1 Response: The Natural Groundwater and Aquifer Recharge Data and Analysis, while not a part of the proposed adopted Comprehensive Plan has been amended to reflect the following: The City's Aquifer Recharge Areas in Volusia County Map indicates the Floridan aquifer recharge characteristics in the Edgewater area. It should be noted that the recharge potential of the majority of the Edgewater area is quite low with some areas having a higher recharge potential. The aquifer recharge rate within the majority of the Edgewater area is less than four inches per year, with recharge rates of four to eight inches. Some areas may have the potential of eight to twelve and twelve to twenty inches per year only along the far western limits of the City's boundaries [9J- 5.011(1)(g), F.A.C.]. Florida Department of Transportation Recommendation: The LOS standard for 1-95 south of SR 442 should be LOS B Response: See above response to DCA Comment No. 1 Recommendation: Clarify Traffic Study Thresholds Response: Policy 6.3.3 of the Transportation Element is revised as follows: New Development Requirement for a Transportation Impact Study. New developments : . - : : -; - - - - - - - - - - - -- - - - - : - - or more than 1,500 daily trips, shall be required to submit a Transportation Impact SIttdy Analysis pursuant to the Transportation Impact Analysis (HA) Guidelines Methodology for Development Applications Requiring a TIA in Volusia County, .Florida as adopted on November 24, 2009, as may be amended from time to time. AGENDA REQUEST C.A. #2011 -TA -1101 Date: April 4, 2011 PUBLIC HEARING April 18, 2011 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1 Reading — Ordinance No. 2011 -0 -05 Amending and Restating Articles I I (Definitions) and III (Permitted, Conditional, Accessory and Prohibited Uses) of the City of Edgewater Land Development Code (LDC). APPLICANT /AGENT: City of Edgewater REQUESTED ACTION: Approve the proposed text amendments to the Land Development Code. Background: The proposed amendments are to Article II (Definitions) and Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the LDC for inclusion of definitions and permitted uses and restrictions within specific zoning districts for Internet Cafes, Pawn Shops and Tattoo Parlor /Body Piercing Studios. Pursuant to the goals as set forth in the City's Envision Edgewater vision project and the Comprehensive Economic Development Strategy, the above — referenced uses are more suitable in the areas referenced in the proposed amendments. At their regular meeting of March 9, 2011, the Planning and Zoning Board voted 5 to 0 to send a favorable recommendation to City Council for the amendments to Articles II and III of the Land Development Code. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2011 -0 -05; amendments to Articles II and III of the Land Development Code. ACTION REQUESTED: Motion to approve Ordinance 2011 -0 -05. FINANCIAL IMPACT:(Finance Director) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respect • lly subm ted, Concurrence: Darrel Lear ! Robin L. Matusick Development ervices Director Paralegal racey Barlow City ■ anager rlm ORDINANCE NO. 2011-0-05 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLE II (DEFINITIONS) AND ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY & PROHIBITED USES), SECTION 21 -33 (USES AND RESTRICTIONS) OF CHAPTER 21 (LAND DEVELOPMENT CODE); PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND CODIFICATION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On September 8, 2008, City Council adopted Ordinance #2008 -0 -02 which amended and restated Chapter II (Definitions) of the Land Development Code (Chapter 21). 2. On September 13, 2010, Council adopted Ordinance #2010 -0 -18 which amended and restated Chapter 21 (Land Development Code), Article III (Permitted, Conditional, Accessory & Prohibited Uses), Section 21 -37 (Special Activity /Permit Requirements). 3. Adoption of this Ordinance will modify Article II and Section 21 -33 (Uses and Restrictions) of Article III. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING AND RESTATING ARTICLE II (DEFINITIONS) AND ARTICLE III (PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES), SECTION 21 -33, (USES AND RESTRICTIONS) OF CHAPTER 21 (LAND DEVELOPMENT CODE), CITY OF EDGEWATER, FLORIDA. Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending and restating Article II (Definitions) and Article III (Permitted, Conditional, 1 &fie h ough passages are deleted. Underlined passages are added. #2011 -0 -05 Accessory and Prohibited Uses), Section 21 -33 (Uses and Restrictions) as set forth in Exhibit "A" which are attached hereto and incorporated herein. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competent jurisdiction, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance ", may be changed to "section ", "article ", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplished such intention; provided, however, that Parts B through F shall not be codified. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 2 StrilEethreugh passages are deleted. Underlined passages are added. #2011 -0 -05 PART F. ADOPTION. After Motion to approve by and Second by , the vote on the first reading of this ordinance held on April 18, 2011 was as follows: AYE NAY Mayor Mike Thomas Councilman Michael Ignasiak Councilwoman Gigi Bennington Councilman Justin Kennedy Councilman Ted Cooper After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Michael Ignasiak Councilwoman Gigi Bennington Councilman Justin Kennedy Councilman Ted Cooper 3 St.�IIO passages are deleted. Underlined passages are added. #2011 -0 -05 PASSED AND DULY ADOPTED this day of , 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Carolyn S. Ansay, Esquire , 2011 under Agenda Item No. City Attorney Doran, Sims, Wolfe, Ansay & Kundid 4 Stye -throes passages are deleted. Underlined passages are added. #2011 -0 -05 Proposed Article II Amendments ARTICLE II DEFINITIONS SECTION 21 -20 - DEFINITIONS II -1 21 -20.01 - Intent II -1 21 -20.02 - Definitions II -1 Article II -i- ARTICLE II DEFINITIONS SECTION 21 -20 - DEFINITIONS 21 -20.01 - INTENT Unless otherwise expressly stated the following terms shall, for the purposes of these regulations have the meaning indicated. Words in the singular include the plural, and those in the plural include the singular. Words used in the present tense include the future tense. The words "person," "subdivider," "developer" and "owner" include a corporation, unincorporated association and a partnership or other legal entity, as well as an individual. The word "watercourse" includes channel, creek, ditch, spring and streams. The words "should" and "may" are permissive. The words "shall" and "will" are mandatory and directive. Words not herein defined shall have the meanings given in Webster's Unabridged Dictionary or the applicable state statutes and/or administrative rules. The words and terms herein shall have the meanings ascribed thereto. 21 - 20.02 - Definitions ABANDON means to discontinue an existing use of land or structure for 181 consecutive days, other than cessation due to probate or mortgage foreclosure activities. ABUT OR ABUTTING means to physically touch or border upon, or to share a common property line, or be separated from such a border by an alley, easement, street or canal. ACCESS means a dedicated, or recorded right -of -way, road, lane, alley or easement affording perpetual ingress and egress to a subject property, to a public thoroughfare or to a water body. ACCESSORY BUILDING means a structure, the use of which is customarily incidental and subordinate to that of the main building on the same lot, including but not limited to, detached garages, or carport, barns, greenhouse, woodshed, tool shed, gazebos, docks, boat houses and similar uses that are used to shelter and/or protect equipment, supplies, chemicals, goods, furniture and the like for use by the principal occupant. ACCESSORY USE means a use that is incidental, related, appropriate and clearly subordinate to the principal use of the building, lot or parcel and is under the direct control or ownership of any person who occupies or operates the principal use of the same building, lot or parcel. Rev. 9/08/08 (Land Development Code) II -1 ACTUAL START means the first placement of, permanent construction of a structure on a site, such as the pouring of slabs or footings, installation of piles, construction of columns, or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. ADMINISTRATIVE OFFICIAL means the Development Services Director or Building Official of the City of Edgewater. ADULT DAY CARE CENTER means any building, buildings, whether operated for profit or not, in which is provided through its ownership or management, for any part of a day, basic services to three or more persons who are 18 years of age or older, who are unrelated to the owner or operator by blood or marriage, and who require such services. ADVERTISING DISPLAY AREA OR DISPLAY AREA means the advertising display surface area (copy area) which may be encompassed within any regular geometric figure and which forms the informational component of a sign, not including the structural support components of a sign. AFFILIATE means a person that directly or indirectly owns or controls, or has common ownership or control with another person. For purposes of this paragraph, the term own means to own an equity interest (or the equivalent thereof) of more than 10 percent. AFFORDABLE HOUSING means residential units priced so that monthly costs do not exceed thirty (30) percent of the household gross income. AGRICULTURAL USE means the use of land in horticulture, floriculture, viticulture, forestry, diary, livestock, poultry, beekeeping, pisciculture and all forms of farm products and farm production. AGRICULTURE means general farming activities and attendant accessory uses and subsequent processing and industrial activities. AIRCRAFT HANGER means an enclosed or semi - enclosed building specifically intended for the storage of aircraft. ALLEY means a public right -of -way primarily designated to serve as a secondary means of access to the side or rear of abutting properties having principal lot frontage on a street. ALTERED OR ALTERATIONS means any change in a building's structural parts; stairways; type of construction; kind or class of occupancy; light and ventilation; means of ingress and egress; wiring, plumbing, heating or cooling system; and other changes affecting or regulated by building codes or the ordinances. Rev. 9/08/08 (Land Development Code) 11 -2 ALTERATION in regards to Historic Preservation means any act that changes the exterior features of a designated property. ALTERED WETLAND means wetlands that have been substantially affected by development, but which continue to provide some environmental benefit. ALTERNATIVE SUPPORT STRUCTURE means structures, other than telecommunication towers, including, but not limited to: buildings; water towers; light poles; power poles; telephone poles and other public utilities structures. AMORTIZATION OR AMORTIZING means a method of eliminating nonconforming uses by requiring the termination of the nonconforming use after a specified period of time. ANIMAL BOARDING means the housing of animals for compensation for more than 12 hours. ANTENNA means any system of wires, poles, rods, reflecting discs or similar devices, used for the transmission or reception of electromagnetic waves external to, or attached to, the exterior of any building. APARTMENT see "Dwelling" for various housing types. APPEAL means a request for a review of an administrative interpretation of any provision of this Code, a decision made by any City official, City board or the City Council. APPLICANT means any person who submits appropriate documentation as required by the City relating to all aspects of this Code. AQUACULTURE means raising aquatic animals for sale. AQUACULTURE, LIMITED means the cultivation, production and raising of the natural products of water including hatcheries, nurseries and maintenance of products in above ground tanks less than 10,000 gallons of capacity. AREA OF SHALLOW FLOODING means a designated AO or VO zone on a community's Flood Insurance Rate Map (FIRM) with base flood depths from 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate and where velocity flow may be evident. AREA OF SPECIAL FLOOD HAZARD means the land in a flood plain in a community subject to a one percent or greater chance of flooding in any given year. Rev. 9/08/08 (Land Development Code) 11 -3 AS -BUILT SURVEY means a survey which depicts the location and dimension of all structures, parking areas, stormwater management facilities and associated grades, road easements or other improvements as may be required or constructed on the parcel and includes the location and limits of the 100 -year flood plain, if any. ASSISTED LIVING FACILITY (ALF) means a residential facility, for more than three persons unrelated to the owner, where shelter and services are provided and may include meals, housekeeping, and personal care assistance. Residents shall not be under in -house nursing /medical care. Facilities which provide for a specific number of residents are listed below. FAMILY RESIDENTIAL HOME means a dwelling unit licensed to serve clients of the Department of Children and Families (formerly Department of Health and Rehabilitative Services) and other authorized agencies, which provides a living environment for six (6) or fewer unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term "family residential home" shall include congregate care facilities, foster homes, group care homes, and child care facilities with six (6) or fewer residents and that otherwise meet the definitional requirements of a family residential home. COMMUNITY RESIDENTIAL HOME means a dwelling unit licensed to serve clients of the Department of Children and Families (formerly Department of Health and Rehabilitative Services) and other authorized agencies, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term "community residential home" shall include congregate care facilities, foster homes, and group care homes with seven (7) to fourteen (14) residents and that otherwise meet the definitional requirements of a community residential home. INSTITUTIONAL RESIDENTIAL HOME means a dwelling unit licensed to serve clients of the Department of Children and Families (formerly Department of Health and Rehabilitative Services) and other authorized agencies, which provides a living environment for more than fourteen (14) unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional and social needs of the residents. The term "institutional residential home" shall include congregate care facilities, foster homes, and group care homes with more than fourteen (14) residents and that otherwise meet the definitional requirements of institutional residential home. AUTOMOTIVE PAINT AND BODY SHOP means an establishment for automotive bodywork including the painting, repainting, restoring of a vehicle, parts or components including engine removal or dismantling, straightening or welding of vehicle frames or body Rev. 9/08/08 (Land Development Code) 11-4 parts, or the performance of other related vehicle services. AUTOMOTIVE REPAIR means a use or establishment performing mechanical repair or serving work to automobiles and light trucks and does not include large trucks or other mechanical equipment. The term does not include any of the following activities or uses: (a) Vehicle paint and body shop. (b) Vehicle fabrication or assembly uses. (c) Vehicle welding services or repairs. AUTOMOTIVE SERVICE STATION means an establishment that is used primarily for the retail sale and direct delivery to motor vehicles of motor fuels and lubricants. AWNING means a roof -like structure, regardless of the material used for construction, attached to a building which shelters doors or windows from the weather. BANNER SIGN means any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation applied to paper, plastic or fabric of any kind, including such signs stretched across or hung over any public right -of -way. BASE FLOOD means the flood having a one - percent (1 %) chance of being equaled or exceeded in any given year (100 year storm event). BASE FLOOD ELEVATION means the maximum elevation above mean sea level expected to be reached by flood waters during a 100 -year storm event. BASEMENT means that portion of a structure having its finished floor (below ground level) on all sides. BEACON LIGHT SIGN means any sign or device which includes any light with beams capable of being revolved automatically. BED AND BREAKFAST means a house or portion thereof where lodging rooms are available for short-term rental and meals may be provided to the guests renting the rooms and where the operator of the establishment lives on the premises. BENCH SIGN means a bench or bus shelter upon which a sign is drawn, painted, printed, or otherwise affixed thereto, as further described in Chapter 337.408, F.S. BERM means a manmade or natural mound of earth located so as to form a mound above the general elevation of the adjacent ground or surface. BEST MANAGEMENT PRACTICES (BMPs) means schedules of activities, prohibitions of practices, maintenance procedures, treatment methods and other management practices to prevent or reduce pollutants from entering the MS4 (see definition). Rev. 9/08/08 (Land Development Code) 11 -5 BILLBOARD SIGN means a sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. BLOCK means a tract of land existing within well defined and fixed boundaries, usually being a group of lots surrounded by streets or other physical barriers. BOAT HOUSE means an accessory structure typically but not necessarily attached to a dock designed and used for the protection and storage of boats and boating supplies. BOUNDARY LINE means a delineation that indicates or defines limits between differing lot or property lines. BOUNDARY SURVEY means a survey that depicts the physical boundaries and dimensions of a parcel and its legal description. BREAK POINT means the location on a communication tower of a designed feature which, in the event of a tower failure, would result in the tower falling entirely within the boundaries of the property on which it is located. BREAKAWAY WALL means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevation portion of the building or the supporting foundation system. BUFFER means a land area of specified width and/or height which is used to separate one use from another, or to shield or block noise, lights, or other nuisances. BUILDABLE AREA means that portion of a lot remaining excluding the established front, rear and side setbacks. BUILDING means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or moveable property of any kind. BUILDING ADDITION means any expansion to the perimeter of a building to which the addition is connected. BUILDING FRONTAGE means the side of a building facing the principal road, street, highway or easement serving the building. BUILDING HEIGHT means the vertical distance measured from the required minimum finished floor elevation to the highest point of the roof. Rev. 9/08/08 (Land Development Code) 11 -6 BUILDING PERMIT EXPIRATION means every permit issued shall become invalid unless the work authorized by such permit is commenced within six months after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of six months after the time the work is commenced. One or more extensions of time, for periods not more than 90 days each, may be allowed for the permit. The extension shall be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the Building Official. BUILDING SETBACK LINE means a line within a lot or other parcel of land so designated on the final plat, between which line and the adjacent boundary of the street or street widening setback line, where applicable, upon which the lot or parcel abuts the erection of a building is prohibited, as prescribed by the zoning ordinance. BULKHEAD LINE means a line established to fix the maximum distance from the shoreline within which filling may occur. BUSINESS TAX RECEIPT means a permit to engage in an activity that requires regulation and all regulated activities must operate from within a permanent structure. CALIPER means the trunk diameter of trees at a predetermined point. CANOPY (FREESTANDING)/TEMPORARY CARPORTS means a rigid supported structure (capable of disassembly) covered with fabric, and supported by columns or posts embedded in the ground and/or attached at other points. Does not include the term carport. CAPACITY means the availability of a public or private service or facility to accommodate users, expressed in an appropriate unit of measure such as gallons per day or average daily trips. CARTWAY means the actual road surface areas from curb line to curb line or the hard surface road width of the road surface when no curbs are present. CARPORT means an accessory structure or portion of a principal structure consisting of roofed area open on one, two, or three sides and free standing or attached to the main building by support members for storage of one or more vehicle. Does not include the term canopy (freestanding). CAMOUFLAGE COMMUNICATION TOWER means a tower designed to merge and blend into and conform in appearance with existing surroundings. An example of a camouflage communication tower would be one that is constructed in the form and shape of a tree in order to appear to be part a forested area or a tower constructed to appear to be a component of a bell tower or to be or appear to be a component of church steeple in order for the tower to be or appear to be part of these more aesthetically pleasing structures. CANAL means an artificial, primary water conveyance facility with an open channel and usually a wet bottom. Rev. 9/08/08 (Land Development Code) 11 -7 CEMETERY means land used or intended to be used as a burial ground or burial place of the human dead and dedicated for crematories, mausoleums and mortuaries if operated in connection within the boundaries of such cemetery. CERTIFICATE OF CONCURRENCY means a statement issued by the City and relating to a specific development project on a specific parcel of real property or part thereof, which is valid and states that all concurrency requirements are satisfied and that a specified quantity of concurrency facilities is reserved for a specified period of time. CERTIFIED LOCAL GOVERNMENT means a government meeting the requirements of the National Historic Preservation Act Amendments of the 1980 (P.A. 96 -515) and the implementing regulations of the U. S. Department of the Interior and the State of Florida. CHANGEABLE COPY SIGN means a sign that is designed so that characters, letters or illustrations can be changed or rearranged, including billboards. CHILD CARE FACILITY means any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included: (a) Public schools and nonpublic schools and their integral programs, except as provided in Chapter 402.3025, F.S. (2005); (b) Summer camps having children in full -time residence; (c) Summer day camps; (d) Bible schools normally conducted during vacation periods; and (e) Operators of transient establishments, as defined in Chapter 509 (F.S.), which provide child care services solely for the guests of their establishment or resort provided that all child care personnel of the establishment are screened according to the level 2 screening requirements of Chapter 435. CITY means the City of Edgewater, a Florida municipal corporation. CITY COUNCIL means the governing body of the City. CITY ENGINEER means a professional engineer employed by the City or the designated consultant professional engineer. CLEAN WATER ACT (CWA) means Public Law (PL) 92 -500, as amended PL 95 -217. PL 95 -576, PL 6 -483, and PL 97 -117, 33 U.S.C. 1251 et seq., as amended by the Water Quality Act of 1987, PL 100 -4. CLEARING means the removal of trees and/or brush from a parcel, not including mowing. Rev. 9/08/08 (Land Development Code) 11 -8 CLUB means a building or facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business and where the serving or sale of alcohol is not the primary use. COASTAL HIGH HAZARD ZONE OR AREA means the area subject to high - velocity waters caused by, but not limited to, hurricane wave wash found in Category 1 storms. CODE OF ORDINANCES means the laws, rules and regulations of the City of Edgewater which shall include, but not be limited to, the Code of Ordinances and the Land Development Code. COMMERCIAL MOBILE SERVICES means the communications Act and the FCC's rules, and include cellular telephone services regulated under Part 22 of the FCC's rules, SMR services regulated under Part 90 of the FCC's rules, and PCS regulated under Part 21 of the FCC's rules. COMMUNICATION ANTENNA means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC). COMMUNICATION TOWER means a tower greater than 35 feet in height (including the antenna component) which supports communication (transmission or receiving) equipment. Amateur radio operators' equipment, as licensed by the FCC, shall not be deemed a communication tower. COMMUNITY WATER SYSTEM - means a public water system which serves at least 15 service connections used by year -round residents or regularly serves at least 25 year -round residents. COMPATIBILITY means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is negatively impacted directly or indirectly by another use or condition. COMPREHENSIVE PLAN means an ordinance of the City which contains the official statement of public policy for the development and/or redevelopment of the City, and which conforms to the relevant requirements of Chapter 163, Part II, F.S. and the appropriate portions of the Florida Administrative Code. COMPUTERIZED SWEEPSTAKES DEVICE means any computer, machine, game or apparatus which, upon the insertion of a coin, token, access number, magnetic card, or similar object, or upon the payment of anything of value, and which may be operated by the public generally for use as a contest of skill, entertainment or amusement, whether or not registering a score, and which provides the user with a chance to win anything of value that is not de minimis. Rev. 9/08/08 (Land Development Code) 11 -9 Machines desi . nated for use b the State Lotte Commission are not Com.uterized Sweepstakes Devices for purposes of this definition. CONCEPTUAL PLAN means a preliminary presentation and attendant documentation of a proposed development project of sufficient accuracy to be used for meaningful discussion. CONCURRENCY means a finding that required public facilities and services necessary to support a proposed development are available, or will be made available concurrent with the impacts of the development. Roadways, wastewater, solid waste, drainage, potable water, open space /parks and recreation facilities and schools have or will have the necessary capacity to meet the adopted level of service standards at the time the impact of a new or expanded development occurs. Transportation facilities needed to serve new development shall be in place or under actual construction within 3 years after the local government approves a building permit or its functional equivalent that results in traffic generation. CONCURRENCY MANAGEMENT means the procedure and process that the City uses to ensure that no development order or permit is issued by the City unless the necessary concurrent public facilities are available. This means public facilities and services for which a Level of Service (LOS) must be met concurrent with the impact of development, or an acceptable deadline as mandated in the Comprehensive Plan pursuant to Chapter 163, Florida Statutes, and 9J- 5.0055, Florida Administrative Codes, and shall include but may not be limited to: (a) potable water (d) recreation/open space (g) schools (b) sanitary sewer (e) solid waste (c) drainage (f) roadways CONSTRUCTION PLANS means signed and sealed drawings by an appropriate professional, and/or specifications indicating specific locations of site improvements and other similar matters. CONSTRUCTION SIGN means any sign giving the names of contractors, design professionals and lending institutions responsible for construction occurring on the same parcel. CONSTRUCTION TRAILER means a temporary office placed upon a parcel for the purpose of supervising the development of said site, and can only be installed after site plan approval and must be removed within five days of the issuance of a Certificate of Occupancy. CONDITIONAL USE means a use within a zoning district that may be permitted, pursuant to express standards and criteria, which are consistent with the Comprehensive Plan. CONTIGUOUS means lands which abut each other or are separated by streets, easements, pipelines, power lines, conduits, or rights -of -way under ownership of the petitioner, Rev. 9/08/08 (Land Development Code) 11 -10 governmental agencies, subdivision, or public or private utility. COSTS with regard to hazardous substances means those necessary and reasonable costs incurred by the City in connection with investigating, mitigating, minimizing, removing or abating discharges of hazardous substances, including but not limited to: the actual labor costs of city personnel or authorized agents, cost of equipment operation and rental, cost of expendable items, including but not limited to, firefighting foam, chemical extinguishing agents, absorbent material, sand, recovery drums, goggles and protective clothing (both structural and chemical protective, disposable or standard use). Costs shall further include overhead costs and indirect expenses allocable to the foregoing costs. CREMATORIUM means an establishment in which a deceased body is reduced to ashes in a furnace. This type of facility must be licensed with the Florida Department of Business and Professional Regulation and meet the criteria of the Florida Department of Health Department of Environmental Protection, pursuant to Florida Statutes, Chapter 470. DECISION OR RECOMMENDATION regarding Historic Preservation means when referring to the Recreation/Cultural Services Board, the executive action taken by the Board on an application for a designation or a certificate of appropriateness regardless of whether that decision or recommendation is immediately reduced to writing. DEMOLITION means any act that destroys in whole or in part, a building or structure, landmark or archeological site. DENSITY means an objective measurement of the number of residential units allowed per unit of land. DESIGN CAPACITY means the limit of capacity of a public facility beyond which it ceases to function efficiently. DESIGN HIGH WATER (DHW) means the water elevation expected to occur at a particular design storm event. Examples are: DHW 10 10 -year storm event DHW 25 25 -year storm event DHW 100 100 -year storm event DEVELOPER means any person, partnership or corporation, or duly authorized agent who undertakes any material changes to land or other development activities under these regulations. DEVELOPMENT means the carrying out of any building activity or mining operation, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three (3) or more parcels and includes the following activities or uses: Rev. 9/08/08 (Land Development Code) II -11 (a) A reconstruction, alteration of the size or material change in the external appearance of a structure or land: (b) A change is the intensity of use of land, such as an increase in the number of dwelling units in a structure, or on land, or a material increase in the number of businesses manufacturing establishments, offices, or dwelling units in a structure or on land; (c) Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal including any "coastal construction' as defined in Section 161.021, Florida Statutes; (d) Commencement of drilling, except to obtain soil samples, mining, or excavation on a parcel of land; (e) Demolition of a structure; (0 Clearing of land as adjunct of construction; (g) Deposit of refuse, solid or liquid waste, or fill on a parcel of land; or (h) The subdivision of land consistent with this regulation. When appropriate to the context, "development" refers to the act of developing or to the result of development. DEVELOPMENT AGREEMENT means an agreement entered into between the City and another party associated with the development of land, including agreements associated with development orders issued pursuant to Section 21 -101 of this Code. DEVELOPMENT ORDER means an order or permit granting, denying, or granting with conditions an application for a development permit. DEVELOPMENT SIGN means a sign designed and intended to advertise and promote the sale of buildings or subdivided lots on the same parcel. DIAMETER AT BREAST HEIGHT (DBH) means the diameter of a tree, measured 4- 1 /2 feet above the average ground elevation at its base. If the tree, or shrub forks 4-1/2 feet above the ground level, it is measured below the swell resulting from the double stem. Stems that fork below 4-1/2 feet above the ground level should be considered a separate plant. DIRECTORY SIGN means a sign on which the names and locations of occupants or the use of a building is given. DISCHARGE shall mean any intentional or unintentional action or omission resulting in the release of liquid, solid or gaseous material and includes but is not limited to a release, spilling, leaking, seeping, pouring, emitting, emptying, and dumping of any substance or material. DOCUMENTATION means any photographs, slides, drawings, plans, electronic media, or additional written description or narrative relating to the specific matter. Rev. 9/08/08 (Land Development Code) 11 -12 DREDGING means excavation by any means that occurs in a water body or which is, or is proposed to be, connected to a water body via excavated water bodies or a series of excavated water bodies. DWELLING means any building or portion thereof designed or used exclusively for residential living occupancy. DWELLING TYPES SINGLE - FAMILY means a residential building designed for, or occupied exclusively by one family. DUPLEX means a residential building containing two dwelling units joined by a minimum 2 -hour rated firewall each having separate entrances and kitchen facilities. MULTI - FAMILY means a residential building on one parcel of land designed for, or occupied exclusively by three or more families with separate housekeeping and cooking facilities for each unit. APARTMENT means a rented or leased room, or a suite of rooms, occupied, or which is intended or designed to be occupied as the home or residence of one individual, family, or household for housekeeping purposes with each unit separated by a minimum one -hour rated fire wall. TOWNHOUSE means a one family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common wall with a minimum 2 -hour rated fire wall. GARAGE APARTMENT means a two story attached accessory building with a ground floor automobile storage and single family living quarters on the second floor located in a multi - family designated district. GARDEN APARTMENT means a residential building containing more than four apartments, not exceeding three stories in height with units located side by side and on top of each other with each unit separated by a minimum one -hour rated fire wall. UNIT means a group of interrelated rooms which are intended or designed for the use of one family, separated from other spaces by lockable doors, having access to the outdoors without crossing another dwelling, having living and sleeping facilities and cooking facilities, fixed or portable, and complete sanitary facilities. Rev. 9/08/08 (Land Development Code) 11-13 MID - RISE means a residential building containing more than four apartments, not less than four stories with units located side by side and on top of each other. CLUSTER HOUSING means a development involving two or more detached dwellings to be constructed on a parcel on which all land areas not occupied by dwelling units shall be designated as common space. DRY BOTTOM means any water retention, detention, or conveyance facility which evacuates its water level below its designated bottom within seventy -two hours of its deigned storm event, by either natural or artificial draw down means; and whose bottom is maintained a minimum twelve inches above the SHWT. EASEMENT means any strip of land created by a subdivider, or granted by the owner for public utilities, drainage, sanitation or other specified and limited uses, the title to which shall remain in the name of the property owner subject to the right of use designated in the conveyance. ELEVATED BUILDING means a non - basement building built to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (posts and piers). EMF (electromagnetic field) means a wireless communication. ENGINEER means a person practicing engineering and licensed in the State of Florida pursuant to the requirements of Chapter 471, F.S. ENVIRONMENTAL CONSTRAINTS means natural resources or natural characteristics that are sensitive to improvements and require mitigative actions to be maintained by owner. EQUIPMENT means the implements used in an operation or activity. EQUIVALENT RESIDENTIAL UNIT (ERU) means 250 gallons per day potable water usage, and 237.5 (95% of water use) gallons per day of wastewater contribution to be an equivalent residential unit. ERECT shall mean to build, construct, attach, hang, place, suspend or affix, whether temporary or permanent, and shall include the painting of wall signs. ERECTED means attached, altered, constructed, enlarged, reconstructed, or moved whether temporary or permanent. EXCHANGE ACCESS means the offering of access to telephone exchange services or facilities for the purpose of the origination or termination of telephone toll services. Rev. 9/08/08 (Land Development Code) 11-14 EXFILTRATION SYSTEM means water passing through a permeable substance such that water is filtered as it is discharged from a water conveyance facility (e.g., exfiltration pipe). EXISTING CONSTRUCTION means any structure for which the "start of construction" commenced before June 17, 1974. F.A.C. means the most current version of the Florida Administrative Code which is the administrative rules implementing state statutes. FAMILY means a group of individuals living under one roof. Those who dwell under the same roof and compose a family; a social unity comprised of those living together in the same dwelling. FEMA means the Federal Emergency Management Agency. FENCE means a barrier, usually comprised of wooden or metal posts, rails or wire mesh, used as a boundary marker or means of protection or confinement. FIREWALL means a wall as described in the Standard Building Code which is of sufficient fire resistance, durability and stability to withstand the effects of an uncontrolled fire exposure, which may result in collapse of the structural framework on either side. Openings in the wall, if allowed, must be protected. FIRM means the Flood Insurance Rate Map. FIS means Flood Insurance Study. FIXED BASE OPERATIONS means directly related activities to operate and support an airport and its users. FLASHING SIGN means a sign that contains an intermittent or sequential flashing light source. An animated or moving sign shall not be considered a flashing sign. Such signs shall not be deemed to include time and temperature signs. FLOOD OR FLOODING means a general and temporary condition of partial or complete inundation of normally dry land areas from: (a) The overflow of inland or tidal waters. (b) The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD HAZARD AREA means land in the flood plain within a community which is subject to a one percent (1 %) or greater chance of flooding in any given year. Also defined as the one hundred (100) year storm event or Base Flood. Rev. 9/08/08 (Land Development Code) 11 -15 FLOOD INSURANCE RATE MAP (FIRM) means an official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY means a Federal Emergency Management Agency (FEMA) report containing flood profiles, flood boundary maps and the water surface elevation of the base flood. FLOODWAY means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot. FLOOD PLAIN means boundaries of the special flood hazard area indicating a flood having one percent (1%) chance of occurrence in any given year as indicated on the Federal Insurance Rate Map (FIRM) Flood Hazard Boundary Map. Flood plain can also be defined as or include a ten (10) year, twenty -five (25) year or one hundred (100) year storm event. FLOOR means the top surface of an enclosed area in a building, i.e., top of slab in concrete slab construction or top of wood flooring in wood frame construction, but does not include the floor of a garage used solely for parking vehicles. FLOOR AREA means the sum of the gross horizontal area of the several floors of a building, except that in structures used as a residence, cellar, basement, garage, carport, patio, porch and attic floor area not devoted to living use shall be excluded. All dimensions shall be measured between exterior faces of walls or the center line of the wall separating two attached buildings. FLOOR AREA RATIO (FAR) means the gross floor area of a building or structure divided by the gross area of the parcel. FOWL means any guineas, peafowl, pigeons, pheasants or poultry or similar wild birds. FRONTAGE see "Lot Frontage." F.S. means the most current version of the Florida Statutes. FUTURE LAND USE MAP (FLUM) means a graphic representation of the land use categories adopted as part of the Edgewater Comprehensive Plan. The Future Land Use Map may also be referred to as the "Land Use Map" or "Future Land Use Map Series." GARAGE means an accessory building incidental to a dwelling unit which is intended for the off - street storage of motor vehicles belonging to the inhabitants of the dwelling unit on the parcel on which the garage is located; and is not intended to be used for any commercial business purpose. Rev. 9/08/08 (Land Development Code) 11 -16 GRADE means the slope of a road, street, unimproved land, or any other land improved, altered or changed; specified in percent. GROUND SIGN mean a sign that is anchored to, and not elevated above, the ground and maintains essentially the same contour from the ground to the top of the sign. GUEST COTTAGE means living quarters within a detached accessory building located on the same lot or parcel as the main building to be used exclusively for housing members of the family occupying the main building and/or their nonpaying guests; such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling. GUYED TOWER means a communication tower that is supported, in whole or in part, by guy wires and ground anchors. HAZARDOUS MATERIALS means any substance or material, solution, mixture, or a formulation containing such materials and includes any material which due to its chemical composition poses an unreasonable and eminent risk to the life, health, safety or welfare of persons, property or environment. Materials deemed hazardous are as specified in the following: (a) Chapter 38F -41 of the Florida Administrative Code (b) Title 40 of the Code of Federal Regulations, Part 261 (c) Title 40 of the Code of Federal Regulations, Part 302.4 (d) Title 40 of the Code of Federal Regulations, Part 355 HEALTH/EXERCISE CLUB means an establishment which provides for athletic and physical force training or health and recreational exercise whether private or public. HIGHEST ADJACENT GRADE means the highest elevation of the ground surface, prior to construction, next to the proposed walls of a structure. HISTORIC DISTRICT means a geographically definable area, urban or rural, possessing a significant concentration, linkage, or continuity of sites, buildings, structures, objects or areas, which are united by past events. A district also may be comprised of individual resources which are separated geographically but are linked by association or history. HOME OCCUPATION means a commercial enterprise within a residence for the purpose of sending and receiving communication, maintaining records and similar functions; and where no business is conducted other than by phone, mail or electronically; and employing no persons other than members of the immediate family residing on the premises. No commercial delivery shall be allowed. HOSPITAL means an institution where the sick or injured are given medical or surgical care. HOTEL see "Motel." Rev. 9/08/08 (Land Development Code) 11 -17 ILLEGAL SIGN means a sign that does not meet the requirements of this Code and that has not received nonconforming status. ILLICIT CONNECTION means point source discharges to the City's MS4 or to waters of the United States, which are not composed entirely of stormwater and are not authorized by a permit. ILLICIT DISCHARGE means the discharge to the City's MS4 or to waters of the United States which is not composed entirely of stormwater, unless exempted pursuant to local, state and/or federal permits. ILLUMINATED SIGN shall mean any sign illuminated in any manner by an artificial light source. IMPERVIOUS SURFACE AREA (ISA) means the area of a lot or parcel of land covered by any part of a building, street, parking lot, or any other structure, improvement, facility or material, except roof overhang, which restricts natural percolation by rain water. This includes swimming pools, all asphalt, brick or wooden surfaces and areas devoted to any outdoor storage and/or display of materials and merchandise. Unpaved parking shall be considered impervious surfaces. IMPERVIOUS SURFACE RATIO (ISR) means the gross impervious surface area divided by the gross area of the parcel. IMPROVEMENT means any building, structure, construction, demolition, excavation, landscaping, or any part thereof existing, built, erected, placed, made, or done on land or other real property for its permanent benefit. Property abutting a street, waterway or utility easement shall be considered improved. INFILL DEVELOPMENT means the addition of new housing or other buildings on scattered vacant sites or platted lots in a developed area or subdivision. INFILTRATION means water passing through a permeable surface such that the water is filtered before it is collected by a water conveyance facility (e.g., under drain pipe). INFORMATION SERVICES means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. INTEGRAL SIGN means memorial signs or tablets, including names of buildings and date of erection when cut into any noncombustible materials mounted on the face of a building. Rev. 9/08/08 (Land Development Code) II -18 INTERNET CAFE means any premises upon which any "Computerized Sweepstakes Device ", as defined in this Section, is located for the use or entertainment of the public, whether or not such premises has other business purposes of any nature whatsoever. JUNKYARD see "Salvage Yards." KENNEL means any place of business where dogs or cats regardless of number are kept for sale, breeding, boarding or treatment purposes, except an animal hospital, grooming facility or pet shop. The term "kennel" shall include any premises used for residential purposes where five (5) or more dogs or cats four (4) months or older are kept, harbored or maintained for monetary compensation. LAND PLANNING AGENCY means the Planning and Zoning Board as designated pursuant to the requirements of Chapter 163.3174, F.S. LANDMARK in regards to Historic Preservation means a building or structure meeting one or more of the criteria required in Article XIV of this Code. A "landmark" shall include the location of significant archeological structures, features or of an historical event. LANDMARK SITE in regards to Historic Preservation means the land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises or the settings for the landmark. LATTICE TOWER means a telecommunication tower that is constructed without guy wires and ground anchors. LEVEL OF SERVICE STANDARD (LOS) means the volume of capacity per unit of demand for certain public facilities as adopted in the Comprehensive Plan. LITTER means any garbage, rubbish, trash, refuse, cans, bottles, boxes, container paper, tobacco products, tires, appliances, electronic equipment, mechanical equipment or parts, building or construction material, tools, machinery, wood, motor vehicles or motor vehicle parts, vessels, aircraft, farm machinery or equipment, sludge from a water treatment facility, water treatment plant or pollution control facility; or substances in any form resulting from domestic, industrial, commercial, mining, agriculture or governmental operations as defined in Chapter 403.413, F.S. LIVING AREA means space in a structure in which the air is conditioned by heating and/or air conditioning and the space is habitable and enclosed. LOADING SPACE means a space within, or adjacent to, the main building on a lot providing for the standing, loading or unloading of trucks. Rev. 9/08/08 (Land Development Code) 11 -19 LOCAL REGISTER in regards to Historic Preservation means a method by which to identify and classify various sites, buildings and objects as historic and/or architecturally significant. LOCATION means any lot, premises, building, structure, wall or any place whatsoever upon which a sign, structure or dwelling is located. LOT means an area of land which abuts a street and which either complies with or is exempt from the City's regulations, and is sufficient in size to meet the minimum area and width requirements for its zoning classification as established in Article V of the Land Development Code or in Article VII entitled "Non- Conforming Uses" or a subdivision or any other tract or parcel of land, including the airspace above or contiguous thereto, intended as a unit for transfer of ownership or for development or both. The word "lot" includes the word "plot ", "tract" or "parcel ". LOT AREA means the total horizontal area within the boundaries of a lot of record. LOT, CORNER means either a lot bounded entirely by streets, or a lot that adjoins the point of intersection of two or more streets and includes lots on curves. LOT COVERAGE means that portion of the lot area expressed as a percentage, occupied by all buildings. LOT, FLAG means a lot or building site which has minimum required frontage on a public or private street typically behind another lot also fronting on the same street shaped similar to a flag. LOT FRONTAGE means any portion of a lot which fronts upon a public or private street. The primary front line is that frontage on which the address is given. LOT, THROUGH (DOUBLE FRONTAGE) means any lot, not on a corner, having both the front and rear property lines adjacent to a public street. LOT LINE means the boundary of a lot. LOT LINE, FRONT means the continuous line formed by the lot frontage. LOT LINE, REAR means any lot line, except a front or side lot line. LOT LINE, SIDE means a continuous line which runs back from an intersection with the lot front line, and which forms the boundary line between the lot and the adjacent parcel of land. LOT LINE, ZERO means a single - family dwelling unit sited on a lot contiguous to one side lot line with no more than a 5 -foot separation. Rev. 9/08/08 (Land Development Code) II -20 LOT OF RECORD means a lot or parcel whether or not a part of a subdivision which exists as shown or described on a plat or deed in the Official Records of Volusia County as of June 17, 1974. LOUNGE means a building or portion of a building wherein alcoholic beverages are sold by the drink and consumed on the premises (includes the word Nightclub). LOWEST FLOOR means the lowest floor of the lowest enclosed area (including basement). An unfinished shed or flood- resistant enclosure which is not within a basement but which is usable solely for parking of vehicles, building access or storage purpose, is not considered a building's (or structure's) lowest floor, providing such enclosure is built in compliance with applicable non - elevation design requirements of this Code. MANGROVE STAND means an assemblage of mangrove trees which is mostly low trees noted of a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: Black Mangrove - (Avicennia nitida) Red Mangrove - (Rhizophora mangle) White Mangrove - (Laguncularia racemosa) Buttonwood - (Conocarpus erecta) MANSARD means a sloped roof or roof -like facade architecturally comparable to a building wall. MANUFACTURED HOME (OR STRUCTURE) means a mobile home fabricated on or after June 15, 1976, in an off -site manufacturing facility for installation or assembly at the building site with each section bearing a seal certifying that it is built in compliance with the Federal Manufactured Home Construction and Safety Standard Act. MANUFACTURING means a premises, or portion of a premises, occupied by an establishment primarily engaged in the making of a product, fabrication or processing of materials, products or personal property. MARQUEE means a permanent roof -like structure projecting beyond a building wall at an entrance to a building or extending along and projecting beyond the building's wall that is designed and constructed to provide protection against the weather. MEAN HIGH WATER means the average height of waters over a 19 -year period. For shorter periods of observation, "mean high water," means the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19 year value. MEAN SEA LEVEL means the average height of the sea for all stages of the tide and is Rev. 9/08/08 (Land Development Code) 11 -21 used as a reference to establish flood plain elevations. MECHANICAL REPAIR see "VEHICLE REPAIR." MICROWAVE means a dish antenna, or a dish -like antenna used to link communication sites together by wireless transmission of voice or data. MINI - WAREHOUSE means a structure, or structures in a controlled access and fenced compound that contains varying sizes of individual climate controlled compartmentalized and controlled access stalls or lockers without water, sewer or electric connections for the dead storage of customers' goods or wares. MINOR SUBDIVISION means any division or re- division of a parcel of land in single ownership whose entire area is ten (10) acres or less, into not more than three (3) lots if all of the following requirements are met: (a) All resultant lots or parcels front by at least twenty feet (20') on an existing public or private street and; (b) The division or re- division does not involve the construction of any new street, road or change in an existing street or road and; (c) The division or re- division does not require the extension of municipal water or sewer or the creation of any public improvement. MIXED USE DEVELOPMENT means more than one (1) type of use in a single parcel or structure. MOBILE and LAND BASED TELECOMMUNICATION FACILITY means whip antennas, panel antennas, microwave dishes, and receive -only satellite dishes and related equipment for wireless transmission with low wattage transmitters not to exceed 500 watts, from a sender to one or more receivers, such as for mobile cellular telephones and mobile radio system facilities. MOBILE HOME means a structure, transportable in one (1) or more sections which is eight (8) body feet or more in width, and which is built on an integral chassis and designed to be used as a dwelling when connected to the required utilities and includes the plumbing, heating, air - conditioning, and electrical systems contained therein. For the purpose of this section, a travel trailer is not classified as a mobile home. MOBILE HOME PARK means a parcel or tract of land of contiguous ownership where lots or spaces are rented or leased to accommodate more than one (1) mobile home. MOBILE VENDOR (Mobile Dispensing Vehicle) means any vehicle mounted public establishment that is self - propelled or otherwise moveable from place to place, and is self - sufficient for utilities, such as gas, water, electricity, and liquid waste disposal. Proof of inspection by the State of Florida Department of Motor Vehicles is required. Rev. 9/08/08 (Land Development Code) 11 -22 MODEL HOME CENTER means an area comprised of one (1) or more lots containing one (1) or more model dwellings upon which active sales or demonstration activities are conducted regardless of the ownership status of the model dwellings or lots. MODULAR HOME see "Manufactured Home." MONOPOLE TOWER means a telecommunication tower consisting of a single pole or spire self supported by a permanent foundation, constructed without guy wires and ground anchors. MOTEL means a building, or group of buildings, which contains sleeping accommodations for transient occupancy and may have individual entrances from outside the building to serve each such sleeping unit. Motels may have one (1) or more dining rooms, restaurants or cafes as accessory uses. For the purposes of this Code, motel and hotel shall have the same meaning. MOVABLE SIGN means any mobile sign or sign structure, not securely attached to the ground or to any other structure, but does not include trailer signs as defined below. MOVING SIGN means a sign all or part of which is in motion, including fluttering, rotating, revolving or any other motion. MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) means a conveyance, storage area or system of conveyances and storage areas (including, but not limited to, roads with drainage systems, streets, catch basins, curbs, gutters, ditches, manmade channels, storm drains, treatment ponds, and other structural BMPs) owned or operated by a local government that discharges to waters of the United States or to other MS4's, that is designed solely for collecting, treating or conveying stormwater, and that is not part of a publicly owned treatment works (POTW) as defined by 40 Code of the Federal Register 122.2 or any amendments thereto. MUNICIPALITY means a duly incorporated municipality in the County. NATIONAL GEODETIC VERTICAL DATUM (NGVD) means a vertical control used as a reference for establishing varying elevations within the flood plain. NAVD88 means the North American Vertical Datum of 1988. NET DENSITY means the number of dwelling units per acre of land devoted to residential uses and excludes right -of -ways, wetlands and lands below the 100 -year flood plain. NEW CONSTRUCTION means any structure for which the "start of construction" commenced after adoption of this Article and includes any subsequent improvements to such structure. Rev. 9/08/08 (Land Development Code) 11 -23 NGVD29 means the National Geodetic Vertical Datum of 1929. NIGHTCLUB See "Lounge." NONCONFORMING BUILDING OR STRUCTURE means a structure or building existing as of June 17, 1974 which does not conform to the property development regulations of area, height, lot coverage, yard setbacks, lot location or other like requirements of the district in which it is located. NONCONFORMING LOT means an existing single lot, tract or parcel of land at the effective date of this Code which does not conform to the property development regulations of area, lot width, depth or both or other like requirements of the district in which it is located. NONCONFORMING USE means any use of land, building or structure which does not conform to all of the provisions, requirements and regulations of this Code at the time of adoption. NONCONFORMING SIGN means any sign that was a legal sign prior to adoption of this Code, but which does not conform to all of the requirements of this Code. NONRESIDENTIAL ACTIVITY means any activity occurring on any described parcel of land, whether or not within a structure, that is not a residential activity as defined herein. NON - TRANSIENT NON - COMMUNITY WATER SYSTEM means a public water system that is not a community water system and that regularly serves at least 25 of the same persons over 6 months per year. NUMBER PORTABILITY means the ability of users of telecommunications services to retain, at the same location, existing telecommunications numbers without impairment of quality, reliability, or convenience when switching from one telecommunications carrier to another. NUISANCE means an offensive, annoying, unpleasant, or obnoxious object, odor, noise or practice; a cause or source of annoyance, especially a continuing or repeated invasion or disturbance of another's right, including the actual or potential emanation of any physical characteristics of activity or use across a property line, which emanation can be perceived by or affects a human being. NURSING HOME means a licensed and regulated facility for the aged, chronically ill or incurable persons in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Rev. 9/08/08 (Land Development Code) 11 -24 OFFICIAL MAP means the map established by the City Council as amended from time to time showing the streets, highways and parks thereafter laid out, adopted and established by the law and any additions resulting from the approval of subdivision plans or annexations. OPEN SPACE means any parcel or area of land or water set aside, reserved or dedicated for the use and enjoyment of all owners and occupants of the project. Usable common space shall include area(s) readily accessible and generally acceptable for active or passive recreational use. Open space shall not include required setback areas, contain structures, impervious surfaces, or right -of -ways other than those intended for landscape or recreational purposes. OUTSTANDING FLORIDA WATERS (OFW) means special designation by the FDEP, for waters worthy of special protection because of their natural attributes, pursuant to the criteria set forth in Section 17 -3.041 of the Florida Administrative Code. The eastern border of the City of Edgewater along the Intracoastal Waterway also referred to as the Mosquito Lagoon, an aquatic preserve, is considered an OFW. OWNER means any person, partnership, corporation or corporations, or other legal entity having legal title to the land sought to be subdivided or developed under this Code. PANEL ANTENNA means an array of antennas designed to concentrate a radio signal in a particular area. PAWN SHOP means an establishment that engages, in whole or in part, in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property. PENNANTS shall include the terms "ribbons" and "streamers" and shall mean pieces of cloth, flexible plastic or other flexible material intended to attract attention because of their bright colors and/or flapping caused by action of the wind and shall include a single pennant, ribbon or streamer or a series of such pennants, ribbons or streamers. 100 PERCENT CLEAR ZONE means the requirement that in the event of a tower failure, the entire height of the tower would fall completely within the boundaries of the subject parcel. PERMANENT CONSTRUCTION shall mean designed, constructed and intended to be used for more than 180 days, but does not include land preparation, such as clearing, grading and filling. PERMANENT STRUCTURE means a building designed, and constructed from the ground up, meeting all building code and fire protection standards and intended to be used for more than 180 days, but does not include land preparation, such as clearing, grading, and filling. Rev. 9/08/08 (Land Development Code) 11 -25 PERSON means any individual, firm, association, organization, whether social, fraternal of business, partnership, joint venture, trust company, corporation, receiver, syndicate, business trust, or other group or combination acting as a unit, including any government. PERSONAL SERVICES means a use primarily engaged to provide services involving the care of a person's appearance or apparel. PLACE OF WORSHIP means a premises, or portion of, occupied by a religious organization operated primarily for worship and related activities; may also be called a church, temple, synagogue or other names appropriate to the worship and related activities. The term worship does not include day care facilities or educational facilities. PLANNED UNIT DEVELOPMENT (PUD) means a land area under unified control, designed and planned to be developed for residential, commercial or industrial uses in an approved Final Development Plan. Total land area must be fifteen (15) acres or more. PLAT means a map or delineated representation of the subdivision of lands, being a complete exact representation of the subdivision and other information in compliance with the requirements of all applicable sections of this Code and any other local or state legislation including Chapter 177, F.S. and may include the terms "replat ", "amended plat," or "revised plat." POLE SIGN means a sign attached to, and elevated above, the ground by means of a pole or poles. POLITICAL SIGN OR CAMPAIGN SIGN means a sign relating to any person, political party or matter subject to a public election. PORTABLE SIGN means a sign that is mounted on a trailer or other chassis and is capable of being moved as an entire unit. POTABLE WATER means water that is satisfactory for drinking, culinary and domestic purposes meeting current State and Federal drinking water standards. POTABLE WATER SUPPLY WELL means water supply well which has been permitted for consumptive use by the SJRWMD. PREMISES means a parcel of land with its appurtenances and buildings which because of its unity of use may be regarded as the smallest conveyable unit of real estate. PRIMARY CONTAINMENT means the first level of product -tight containment, i.e., the inside portion of that container which comes into immediate contact on its inner surface with the hazardous substance being contained. Rev. 9/08/08 (Land Development Code) 11 -26 PROJECTING SIGN means any sign other than a wall sign affixed to any building or wall whose leading edge extends beyond such building or wall. PUBLIC BODY means any governmental agency of the City, Volusia County, the State of Florida or the United States. REAL ESTATE SIGN means any sign that is used to offer for sale, lease or rent the property upon which the sign is placed. RECHARGE AREA means a recharge area designated by the SJRWMD for the surficial aquifer in the City of Edgewater. RECLAIMED WATER means treated wastewater effluent that has received at least advanced secondary treatment and high -level disinfection. RECREATIONAL VEHICLE means a vehicle designed as temporary living quarters for recreational camping or travel use, which either has its own motor power or is mounted on, or drawn by, another vehicle. The term recreational vehicle excludes park trailers, automotive vans and mobile homes, but includes travel trailers, camping trailers, truck campers and motor homes as defined by Chapter 320.01, F.S. REPEAT VIOLATION means a violation of a provision of a code or ordinance by a person who has been previously found through the Code Compliance Board to have violated or who has admitted violating the same provision within five years prior to the violation, notwithstanding the violations which occurred at different locations. RESIDENTIAL ACTIVITY means any structure, or portion thereof, that is used for residential purposes, including those customary and accessory residential activities. RESTAURANT means where meals are prepared, and food, including beverages and confections, is served to customers, with the food and nonalcoholic beverage sales amounting to at least fifty -one percent (51 %) of the total food sales. Restaurants are hereby classified as follows: Type A. Restaurants with dining tables and counter stools having all service indoors and providing no service to persons inside vehicles or at walk -up windows. Type B. Restaurants which have indoor service and may serve food for consumption on or off the premises and which specialize in short order foods and beverages, including "drive- through" and/or "walk -up" service. RE SUBDIVIDE means the making of a new subdivision and/or replatting of previously subdivided and /or platted parcels. Rev. 9/08/08 (Land Development Code) 11 -27 REUSE means the deliberate application of reclaimed water, in compliance with Florida Department of Environmental Protection and the St. Johns River Water Management District rules, for a beneficial purpose. RIGHT -OF -WAY means land dedicated, deeded, used or to be used for a street, alley, walkway, boulevard, drainage facility, access for ingress and egress, utilities or other purpose by the public, certain designated individuals, or governing bodies. ROADWAY /STREETS means public or private roads falling into one of several categories, more particularly defined as follows: Expressway means a limited access facility of four (4) or more lanes designed primarily for the high -speed movement of traffic. Arterial means a facility of two (2) or more lanes designed primarily to serve as a major access route to expressways and/or as a connector of subregions, inter - county and inter -city vehicular movement. The main function is to move large volumes of vehicles (greater than 6,000 Average Daily Trips (ADT's). Collector means roads of two (2) or more lanes designed primarily for traffic movement within and between residential neighborhoods, commercial and industrial areas and all other roads. Cul -de -sac means a minor street with only one (1) outlet terminating at one (1) end with a circular turn around. Local means road facilities designed primarily to provide direct access to abutting property. Average daily trips are normally less than 1000 vehicles. Marginal Access means roads which are parallel to, and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic. Private means any street that has not been dedicated for public use. Public means any street designed to serve more than one (1) property owner which is dedicated to the public use and accepted for ownership and maintenance by the City Council or other regulatory public body, includes any street right -of- way dedicated to the public prior to, or at the time of, adoption of this Code. ROOF LINE means the top edge of the roof or the top of a parapet; whichever forms the top line of the building silhouette. ROOF SIGN means any sign erected or constructed wholly upon and over the roof of Rev. 9/08/08 (Land Development Code) 11 -28 any building and supported solely on the roof structure. SALVAGE YARD means a location used for collection, storage and/or abandonment of discarded or waste materials. SCREEN ENCLOSURE means an addition to an existing structure that is attached to the principal structure and is enclosed with screen and has a roof and three (3) sides. SEASONAL HIGH WATER LEVEL (SHWL) means the elevation to which ground or surface water can be expected to rise during a normal wet season. SEASONAL HIGH GROUND WATER TABLE (SHGWT) means the zone of water saturated soil at the highest average depth during the wettest season of the year. SECONDARY CONTAINMENT means the level of product containment separate from the primary containment. SELF - SUPPORT TOWER means a communication tower that is constructed without guy wires and ground anchors. SEMI - TRAILER see "Vehicle - Commercial." SERVICE STATION means an establishment that is used primarily for the retail sale and direct delivery to motor vehicles of motor fuel and lubricants, as well as lubrication, washing, repairs and installation of automobile parts and accessories. SETBACK (OR SETBACK LINE) means a line determined by measurement, parallel to a lot line, creating an area between the lot line and the setback line in which all structures (unless otherwise permitted) may not be erected. SHOPPING CENTER means a group of commercial establishments planned, developed, owned and managed as a unit, with off - street parking provided on a site of at least one (1) acre and related in its location, size and type of shops to the trade area which the unit serves. SHRUBS AND HEDGES means that shrubs and hedges shall be self - supporting woody evergreen species and shall be a minimum of two (2') foot in height, immediately after planting_ Plants shall be spaced no more than three (3') feet apart measured from center to center. SIGN means any device, structure, fixture, or placard using graphics, identifiable corporate, or business symbols, and /or written copy for the primary purpose of identifying, providing directions, or advertising any establishment, product, goods or service. SILVICULTURE means the cultivation and harvesting of forest products for sale and which has an agricultural exemption from the State. Rev. 9/08/08 (Land Development Code) 11 -29 SINGLE OR SOLE SOURCE AQUIFER means the portion of the Florida Aquifer underlying most of Volusia County as designated pursuant to the requirements of Chapter 17- 520, F.A.C. SITE IMPROVEMENT means any man -made alteration to a parcel of land for the purpose of preparing the land for future construction, the actual construction/renovation of structure or paving of a surface and/or the planting or installation of permanent landscaping. SITE PLAN means an illustration of the details of development of areas such as commercial, industrial, recreational, multi - family, residential and other uses not reflected on the plat. SJRWMD means the St. Johns River Water Management District, a state agency designated by Chapter 373, F.S. with broad authority to manage the waters of the State. SNIPE SIGN means any sign of any material whatsoever that is attached in any way to a utility pole, tree or any object located or situated on public or private property. SPECIMEN TREE means any tree that is unique by reason of age, size, rarity, or status as a landmark as determined by an arborist or botanist and includes the following species of trees with the minimum specified diameter in inches at breast height: Rev. 9/08/08 (Land Development Code) II -30 Common Name Botanical Name Inches (DBH) Elm Ulmus spp. 12 plus Hickory Carya spp. 12 plus Loblolly Bay Gordonia lasianthus 12 plus Magnolia Magnolia grandiflora 12 plus Maple Acer spp. 12 plus Other Oak Species Quercus spp. 12 plus Red Bay Persea borbonia 12 plus Red Cedar Juniperus silicicola 12 plus Swamp Bay Persea palustris 12 plus Sweet Bay Magnolia virginiana 12 plus Sweet Gum Liquidambar styraciflua 12 plus Sycamore Platanus occidentalis 12 plus Turkey Oak Quercus laevis 12 plus Cypress Taxodium spp. 12 Plus Sugarberry/Hackberry Celtis laevigata 12 Plus Slash Pine Pinus Elliotti 18 Plus Longleaf Pine Pinus Palustris 18 Plus SPILL means the release or escape of a hazardous substance, directly or indirectly to soils, surface waters, or groundwater. START OF CONSTRUCTION (except for construction, or substantial improvement under the Coastal Barrier Resources Act, PL97 -348) means the date the building permit was issued and includes the first placement of permanent construction of a structure (including a manufactured or modular building) on a site or plot, such as the pouring of slabs or footings, installation of piles, construction of columns or any work beyond the stage of excavation. Permanent construction does not include land preparation, such as clearing, grading and filling. STEALTH FACILITY means any telecommunications facility which is designed to blend into the surrounding environment. Examples of stealth facilities include architecturally screened roof -mount antennas, antennas integrated into architectural elements, and telecommunications towers designed to look like light poles, power poles or trees. STORAGE BUILDING means any structure used to shelter and /or protect equipment, supplies, chemicals, goods, furniture and the like for use by the principal occupant of the site. STORAGE, OUTDOOR means the safekeeping of any goods, products, equipment or vehicles which are customarily incidental to the principal use, in an uncovered outdoor space and which is screened from view by the general public and neighboring properties. Rev. 9/08/08 (Land Development Code) 11 -31 STORAGE SYSTEM means any one or combination of tanks, sumps, wet floors, waste treatment facilities, pipes, vaults, or other portable or fixed containers used, or designed to be used, for the storage of hazardous substances at a facility. STORY means that part of a building between the surface of a floor and the surface of the floor next above it, or if there is no floor above it then the space between the floor and the ceiling above it. For the purposes of this Code the minimum elevation change between a story shall be ten (10') feet. Any less dimension shall be considered a half - story. STRUCTURAL ALTERATIONS means any change, except for repair or replacement, in the supporting members of a building, such as bearing walls, columns, beams or girders, floor joists or roof joists or any substantial change in the roof or in the exterior walls of a building. STRUCTURE means anything constructed, installed, or portable, which requires a location on a parcel of land. It includes a moveable structure while it is located on land which can be used for housing, business, commercial or industrial purposes whether temporary or permanent. Structure shall include, but not be limited to walls, billboards, swimming pools and decks, communication towers, on -site signs, tents, porches, fences, privacy screens, docks, arbor, gazebos, canopies /temporary carports, sheds and similar structures. Structure shall not include, pipes, pump stations and any other construction below ground level. SUBDIVIDER means any person, firm, partnership, association, corporation, estate or trust or any other group or combination acting as a unit, dividing or proposing to divide land so as to constitute a subdivision as herein described. SUBDIVISION means the platting of real property into three (3) or more lots, parcels, tracts, tiers, blocks, sites, units or any other division of land, and includes establishment of new streets and alleys, additions, and resubdivisions and when appropriate to the context, relates to the process of subdividing or to the land or area subdivided. (See Chapter 177.031(18), F.S.) SUBDIVISION PLAT, PRELIMINARY means a drawing to scale and other supporting data, of a proposed subdivision prepared for the purposes of establishing the overall general layout and design for the provision of streets, lots, blocks and the location, plans and specifications for streets, utilities and other improvements. SUBDIVISION SIGN means a sign designed as a permanent structure containing only the name of a subdivision, and not used for promotional purposes. SUBDIVISION SKETCH PLAN means a drawing, not necessarily to scale, which shows a conceptual layout of the proposed subdivision. SUBSTANTIAL DAMAGE See current Florida Building Code. SUBSTANTIAL IMPROVEMENT See current Florida Building Code. Rev. 9/08/08 (Land Development Code) 11 -32 SURVEYOR means a land surveyor duly registered in the State of Florida. SWALE means a man -made trench or channel approximately 1 -foot deep or less and having side slopes equal to or greater than 4 -foot horizontal to 1 -foot vertical. SWIMMING POOL means a body of water in an artificial or semi - public or private swimming setting or other water - related recreational activity intended for the use and enjoyment by adults and/or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and shall exclude 110 -volt plug -in Jacuzzi/hot tubs. SWIMMING POOL, COMMERCIAL means a swimming pool and attendant equipment operated for profit or nonprofit open to the public and/or serving more than one family. TATTOO PARLOR/BODY PIERCING STUDIO means an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: a) The placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances which result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. b) The creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. This term does not include a permanent makeup establishment. TELECOMMUNICATIONS means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content. TELECOMMUNICATION CARRIER means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services. A telecommunications carrier shall be treated as a common carrier only to the extent that it is engaged in providing telecommunications services, except that the FCC shall determine whether the provision of fixed and mobile satellite services shall be treated as common carriage. TELECOMMUNICATIONS EQUIPMENT means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment (including upgrades). TELECOMMUNICATION SERVICES means the offering of telecommunications for Rev. 9/08/08 (Land Development Code) 11 -33 a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used. TEMPORARY SIGN means any sign or advertising display intended for use for a period of time not to exceed twenty -four (24) days and designed and constructed in accordance with this intention. TRAILER means any non self - propelled wheeled vehicle licensed by the State of Florida as a trailer, not otherwise regulated herein as "Commercial ", "Watercraft" or "Recreational ". TRAILER SIGN means any sign mounted on a vehicle normally licensed by the State of Florida as a trailer. TRAVELING LIGHTS SIGN means any sign that includes a series of lights, or lighting device that appears to move or travel in automatic sequence on the display surface of the sign. TREE means any living, self - supporting perennial plant which has a trunk diameter of at least six inches (6 ") at D.B.H. TREE SURVEY means a drawing prepared by a licensed Surveyor or Arborist in a readable scale for the site's size that provides the location, and common name for each tree equal to or greater than the defined DBH per each specimen and historic tree. The survey shall include a numbered list of the identified trees. TRIP means a single or one -way vehicle movement. TRIP END means the origin or destination of a trip. TRIP GENERATION means the total number of trip ends produced by a specific land use or activity. UNLICENSED WIRELESS SERVICES means the offering of telecommunications services using duly authorized devices which do not require individual licenses; direct -to -home satellite services are excluded from this definition. USE means the purpose for which land or a structure thereon is designed, arranged or intended to be occupied or utilized, or for which it is occupied or maintained. Use, Permitted - means a use which is permitted in a particular zoning district providing it conforms with all requirements, regulations and standards of such district. Use, Principal - means the primary purpose for which the land or building Rev. 9/08/08 (Land Development Code) 11 -34 used as permitted by the applicable zoning district. UTILITIES means, but is not limited to: water systems, electrical power, sanitary sewer systems, stormwater management systems, gas systems, communication systems, telephone and television cable systems, and street lighting. UTILITY SHED means a building either constructed on site or pre- manufactured, containing 120 square feet or less. UTILITY SERVICE FACILITIES means elements of utility distribution, collection or transmission networks required by their nature to be relatively dispersed throughout the service area. Typical facilities include, but are not limited to, electrical substations and telephone exchange structures. VARIANCE means a modification of the strict application of site development requirements related to yard setbacks, building height, parking requirements, landscaping, drainage, and/or signage. VEHICLE means any self - propelled conveyance designed and used for the purpose of transporting or moving persons, animals, freight, merchandise or any substance. VEHICLE, ABANDONED means a vehicle that has no appearance of use for 60 days or more. Indication of an abandoned vehicle may include: no maintenance, no cover or screening, grass and weeds growing under and around vehicle and /or flat tires. VEHICLE, COMMERCIAL means any vehicle, concession wagon, semi - trailer cab, or trailer with a rated capacity of more than one ton, and/or has more than two (2) axels, is over twenty -four (24) feet long, is intended or used for the transportation of people or goods as part of a business; and /or is either commercially or privately registered. Commercial vehicle shall not include rental vehicles designed for temporary personal use. VEHICLE, LICENSED means any vehicle which is currently licensed by the State of Florida VEHICLE, MARINE means any vehicle designed for and used on any water body. VEHICLE PAINT AND BODY SHOP See "Automotive Paint and Body Shop." VEHICLE ACCESSORY INSTALLATION means the following: (a) Vehicle tune -up shops. (b) Installation, repair or services of vehicle glass, sun roofs, convertible tops, interiors, tinting, audio equipment, alarms and similar items. (c) Installation, repair or servicing of vehicle brakes, shock absorbers, radiators or air conditioning devices. Rev. 9/08/08 (Land Development Code) 11 -35 (d) Installation, repair or servicing of vehicle electrical or ignition systems. (e) Washing, waxing, accenting and similar activities commonly known as detailing. VEHICLE REPAIR means all maintenance of and modification and repairs to motor vehicles, and diagnostic work incident thereto, including, but not limited to, the rebuilding or restoring of rebuilt vehicles, warranty work, and other work customarily undertaken by motor vehicle repair shops. VESTED RIGHTS, COMMON LAW means a right not created by statute or the provisions of the City of Edgewater Comprehensive Plan which would authorize the development of real property or the continued development of real property notwithstanding the provisions of the City of Edgewater Comprehensive Plan. The assignment of a particular zoning classification, or a particular land use designation to a parcel of real property does not guarantee or vest any specific development rights to any person or entity as to said real property. VESTED RIGHTS, STATUTORY See Section 21.07. VIOLATION means non - conformance with a code or ordinance, intentionally or unintentionally. WALL SIGN means any sign painted on, or attached essentially parallel to, the outside wall of any building and supported by such wall with no copy on the sides or edges. WAREHOUSE means a structure that stores goods and/or merchandise for use off -site. WATERS means and shall include but not be limited to rivers, lakes, streams, springs, impoundments and all other waters or bodies of water whether surface or subsurface and whether navigable or non - navigable. The term shall encompass all bottom lands lying below the mean high water mark, whether said bottom lands are submerged or not. WATERS OF THE UNITED STATES means surface and ground waters as defined by 40 Code of the Federal Register 122.2. WATERCRAFT means any vehicle designed for use in water. WATERWAY means a channel, creek, ditch, drainage way, dry run, spring, stream, river and canal; but not a lake, pond or pool without a water outlet. WELL means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, development, or artificial recharge of groundwater. WELLFIELD means an area of land that contains one or more potable water supply wells. Rev. 9/08/08 (Land Development Code) 11 -36 WELLHEAD PROTECTION AREA means an area designated by the City, upon the advice of the SJRWMD, to provide land use protection for the groundwater source for a potable water wellfield, including the surface and subsurface area surrounding the wellfield. WELLFIELD PROTECTION ZONE - PRIMARY means the land area immediately surrounding any potable water supply well and extending a radial distance of five hundred feet (500') from said well(s). WELLFIELD PROTECTION ZONE - SECONDARY means the land area, adjacent and surrounding the primary wellfield protection zone extending and defined by a radial distance of one thousand feet (1,000') from the well(s). WELLFIELD PROTECTION ZONE PERMIT means that permit issued by the city authorizing the activities. WET BOTTOM means any water retention, detention, or conveyance facility which cannot evacuate its water level (naturally or artificially) below its design bottom within seventy - two 72 hours of its design storm event or those tidally influenced facilities that contain water above their bottom more than twelve (12) hours a day. WETLANDS means those areas that are inundated or saturated by surface water or ground water at a frequency and a duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils. Soils present in wetlands generally are classified as hydric or alluvial, or possess characteristics that are associated with reducing soil conditions. The prevalent vegetation in wetlands generally consists of facultative or obligate hydrophytic macrophytes that are typically adapted to areas having soil conditions described above. These species, due to morphological, physiological, or reproductive adaptations, have the ability to grow, reproduce or persist in aquatic environments or anaerobic soil conditions. Florida wetlands generally include, but are not limited to, swamps, marshes, bayheads, bogs, cypress domes and strands, sloughs, wet prairies, riverine swamps and marshes, hydric seepage slopes, tidal marshes, mangrove swamps and other similar areas. Florida wetlands generally do not include longleaf or slash pine flatwoods with an under story dominated by saw palmetto. The delineation of actual wetland boundaries may be made by any professionally accepted methodology consistent with the type of wetlands being delineated but shall be consistent with any unified statewide methodology for the delineation of the extent of wetlands ratified by the Legislature. WETLAND BOUNDARY means the location on the ground where: (a) The vegetation type shifts from dominantly wetland types to dominantly upland species; or (b) The soil type shifts from dominantly wetland types to dominantly upland types; or (c) Flooding, inundation, or saturated soil indicators are no longer present. WETLAND BUFFER means the twenty -five feet (25') upland areas adjacent to wetlands that protect the wetlands and consists of the existing canopy, under story, and Rev. 9/08/08 (Land Development Code) 11 -37 groundcover. WETLAND MITIGATION means any action to restore and /or create wetlands in compensation for permitted development activities. WHIP ANTENNA means a cylindrical antenna that transmits signals in three hundred and sixty (360) degrees. WINDOW SIGN means any sign on a window facing the outside and which is intended to be seen from the exterior. WRECKER/TOW TRUCK means a motor vehicle equipped with hoisting apparatus or other equipment designed for the towing or servicing of wrecked, disabled or inoperable automobiles, trucks, motor vehicles or industrial equipment. XERISCAPE means a landscaping method that maximizes the conservation of water by the use of site - appropriate plants and an efficient watering system. The principles of xeriscape include planning and design, appropriate choice of plants, soil analysis, the use of solid waste compost, efficient irrigation, practical use of turf, appropriate use of mulches, and proper maintenance. YARD means a required open space clear from the ground surface upward, unoccupied and unobstructed by any structure except for fences, walls, trees, and other living landscape material as provided herein. Rev. 9/08/08 (Land Development Code) 11 -38 Proposed Article III Amendments ARTICLE III PERMITTED, CONDITIONAL, ACCESSORY, AND PROHIBITED USES SECTION 21 -30 - GENERAL PROVISIONS III -1 21 -30.01 - Purpose III -1 21 -30.02 - District Boundaries III -1 21 -30.03 - Application of Districts III -2 21 -30.04 - Official Zoning Map II1 -2 21 -30.05 - Comprehensive Plan Consistency I11 -3 SECTION 21 -31 - COMPREHENSIVE PLAN RELATIONSHIP 11I -3 21 -31. - Table III -1 1I1 -4 SECTION 21 -32 - ZONING DISTRICT DESCRIPTIONS I11 -4 21 -32.01 - Zoning District Descriptions III -4 21 -32.01 - Table I1I -2 1II -5 SECTION 21 -33 - USES AND RESTRICTIONS II1 -6 21 -33.01 - Purpose I1I -6 21 -33.02 - Permitted Uses I1I -6 21 -33.03 - Conditional Uses I1I -6 21 -33.04 - Accessory Uses 1I1 -6 21 -33.05 - Table III -3 I1I -7 SECTION 21 -34 - SPECIAL USE REQUIREMENTS III -1311 21 -34.01 - Home Occupations III -1344 21 -34.02 - Community Residential Homes (CRH) III -141 -2 21 -34.03 - Institutional Residential Homes (also referred to as ALF's) III - 15-14 21 -34.04 - Salvage Yards III - 1614 21 -34.05 - Refuse and Dumpsters III -16 21 -34.06 - Kennels III -174-5 21 -34.07 - Mini - warehouses III -1716 21 -34.08 - Bed & Breakfasts III -1 84-7 21 -34.09 - Nursing Homes III -1817 21 -34.10 - Residential Professional Offices III - 19-1 -7 SECTION 21 -35 - PROHIBITED USES III -2018 21 -35.01 - Alcoholic Beverages III -201 -8 SECTION 21 -36 - ACCESSORY USE REQUIREMENTS III -2018 21 -36.01 - Purpose I1I -204 -8 21 -36.02 - General Regulations III -2019 21 -36.03 - Outdoor Storage and Display: Commercial /Industrial III - 214-9 21 -36.04 - Satellite Dishes and Antennas 1I1 -2220 21 -36.05 - Places of Worship - Schools /Child Care III -2221- 21 -36.06 - Boathouses III -232 -1 21 -36.07 - Boat Docks and Slips III -2322 21 -36.08 - Boats as Dwelling Units III -2322 21 -36.09 - Canopies /Temporary Carports and Tents /Gazebos III -2422 21 -36.10 - Swimming Pools III -242- SECTION 21 -37 - SPECIAL ACTIVITY/PERMIT REQUIREMENTS III -2725 21 -37.01 - Purpose /Scope III -272 -5 Rev. 10/18/10 (Land Development Code) *12/10 21 -37.02 — Definitions III -272 21 -37.03 — Special Activity Permit Requirements III -2826 21 -37.04 — Special Activity Permit Application Process III -2827 21 -37.05 — Special Activity Permit Criteria III -2927 21 -37.06 — Temporary Structures III -3028 21 -37.07 — Inspections to Ensure Compliance III -3028 21 -37.08 — Penalties III -302.8 21 -37.09 — Exceptions III -3029 SECTION 21 -38 — FENCES, WALLS and HEDGES III -3029 21 -38.01 — Purpose III -3029 21 -38.02 — General Requirements III -3029 21 -38.03 — Site Triangle Requirements III -3230 Article III ii- Rev. 10/18/10 (Land Development Code) *12/10 ARTICLE III PERMITTED USES, CONDITIONAL USES, ACCESSORY USES AND PROHIBITED USES SECTION 21 -30 — GENERAL PROVISIONS 21 -30.01 — Purpose In addition to the intent and purposes listed in Section 21 -30, the various zoning districts established herein are intended to: a. Establish the permitted, prohibited, conditional and accessory uses allowed for each parcel; and b. Provide for equal protection of property rights of each parcel of land without regard for its classification; and c. Streamline the land development decision process to the maximum extent possible; and d. Provide reasonable opportunities for the provision of telecommunication facilities; and e. Control the placement of signage to preserve property values and enhance the aesthetic character of the City; and f. Prevent cut - through traffic in residential neighborhoods to the maximum extent possible. 21 - 30.02 — District Boundaries Zoning districts are depicted as shown on the Official Zoning Map of the City of Edgewater, Florida, as revised at the effective date of this Code, and made a part of the Article by reference. When uncertainty occurs as to boundaries of zoning districts on the Official Zoning Map, the following rules shall apply: a. Boundaries are depicted to follow the centerline of streets, highways, alleys, or other public right -of -ways and shall be construed to follow such lines; b. Boundaries are depicted to follow platted lot lines, section lines, or tract lines and shall be construed as following such lot lines; c. Boundaries are depicted to follow political boundaries and shall be construed as following such political boundaries; Rev 10/ 18/ 10 (LandDevelopmentCode) *12/10 111 -1 d. Boundaries are depicted to follow railroad right -of -ways and shall be construed to be the center line of the railroad right -of -way; e. Boundaries are depicted to follow shorelines and shall be construed to follow such shorelines even if the shorelines change; f. Boundaries are depicted to follow the center lines of canals and shall be construed to follow such center lines; g. Boundaries shown to be parallel to the center line of streets, or the center line or right -of -way line of highways, such district boundaries shall be construed as being parallel thereto and such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension shall be determined by measuring from the Official Zoning Map; h. Where a public road, street or alley is officially vacated or abandoned, the location of the zoning district boundaries shall be the center line of the vacated right -of -way; i. Where physical or cultural features existing on the ground are different from those shown on the Official Zoning Map, or in case any other uncertainty exists, the Development Services Director /Planning Director shall interpret the intent of the Official Zoning Map as to the location of district boundaries. 21 -30.03 — Application of Districts Except as provided in Section 21 -71 — Non - Conforming Uses, the enlargement, alteration, conversion, relocation, rehabilitation, or reconstruction of any structure or building shall be in accordance with regulations of the district in which said structure or building is located as well as all applicable regulations of this Article. All use of land and /or water shall be done so only in accordance with the applicable requirements of this Article. 21 -30.04 — Official Zoning Map a. The City of Edgewater is hereby divided into zoning districts and shown on the Official Zoning Map as amended by the City Council. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Chapter 21, of the Code of Ordinances." b. No changes shall be made in the Official Zoning Map except as provided herein in Article IX. Any unauthorized change of any kind by any person, or persons, shall be considered a violation of this Article and be subject to the applicable enforcement provisions described in Article X. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -2 c. Regardless of the existence of copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be maintained in the official records of the City. d. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature of number of changes and additions, the City Council shall adopt a new Official Zoning Map. 21 - 30.05 — Comprehensive Plan Consistency The regulations contained herein are consistent with and implement the Comprehensive Plan policies contained in the Future Land Use Element, Housing Element, Coastal Element and Conservation Element. SECTION 21 - 31 — COMPREHENSIVE PLAN RELATIONSHIP Table III -1 shows which zoning categories are consistent with and implement the land use categories in the Comprehensive Plan, particularly the Future Land Use Map (FLUM). (See Page III -4) Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -3 TABLE III -1 LAND USE AND ZONING COMPATIBILITY Future Land Use Designation Compatible Zoning Districts Low Density Transition RT 1.0 DU /net acre Low Density Residential R -1, R -2, R -3, RPUD, RP, RT 1.0 to 4.0 DU /net acre Medium Density Residential R -3, R -4, RPUD, MH -1, MH -2 4.1 to 8.0 DU /net acre High Density Residential R -5, RPUD 8.1 to 12.0 DU /net acre Commercial B -2, B -3, B -4, BPUD Industrial I -1, I -2, IPUD Recreation CN, RT, AG, R -1, R -2, R -3, R -4, R -5, RPUD, RP, MH -1, MH -2, B -2, B -3, B -4, BPUD, I-1, 1-2, IPUD, P /SP, R, EC, CC Public /Semi- Public CN, AG, P /SP, R Conservation CN, P /SP, R Agriculture AG, R Minimum 1 DU /2.5 net acre Mixed Use RPUD, BPUD, IPUD, EC, CC Minimum 15 acres; to 12 DU /net acre DU = Dwelling Units SECTION 21 -32 — ZONING DISTRICT DESCRIPTIONS 21- 32.01— Zoning District Descriptions Table I1I -2 summarizes the principal purpose for each zoning category. The minimum parcel sizes are provided where applicable. (See Page III -5) Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -4 TABLE III -2 ZONING DISTRICT DESCRIPTIONS Zoning District Title Category Purpose and General Description Conservation CN Protection of wetlands, aquifer recharge & environmentally sensitive areas. Rural Transitional RT Provide for limited agriculture and provide for a transition between rural and residential land uses — min. 1 acre lot. SF Residential R -1 Single family residential — (1.0 to 4.0 units /net acre) min. 12,000 sq. ft. lot. SF Residential R -2 Single family residential — (1.0 to 4.0 units /net acre) min. 10,000 sq. ft. lot SF Residential R -3 Single family residential — (1.0 to 4.0 units /net acre) min. 8,625 lot. MF Residential R -3, R -4 Medium density residential (4.1 to 8.0 units /net acre) — single family, duplex, apartments, and townhouses. MF Residential R -5 High density residential (8.1 to 12.0 units /net acre) — single family, duplex, apartments, and townhouses. Recreation R This zoning category includes parks and recreation facilities owned by the City, as well as recreation facilities located at area schools that are under lease to the City. This category includes land committed to both active and passive recreational uses. Residential Planned Unit RPUD Intended for mixed residential, personal service and limited retail Development commercial with a single development plan —15 acre min. size parcel — See Article V, Section 21 -58 for details. Residential Professional RP Intended for office professional along SR #442 and a rezoning must be Office accompanied by a site plan. Mobile Home Park MH -1 Medium density residential (5.1 to 8.0 units /acre). Provide for mobile home parks — min. 5 acre parcel (See Sec. 21 -71 for Non - Conforming Parks). Manufactured Home MH -2 Medium density residential (5.1 to 8.0 units /acre). Provide for Subdivision manufactured home subdivisions — min. 50 acre parcel. Neighborhood Business B -2 Intended for retail goods and services for frequent residential needs — min. 10,000 sq. ft. Public /Semi- Public P /SP Consists of public facilities and private not - for - profit uses such as churches, schools, and cemeteries. All other public lands and facilities, including but not limited to, government offices, post offices, hospitals, utility sub - stations, water and wastewater treatment plants, fire stations, and libraries are also included in this category. Highway Business B -3 Intended for high volume highway related commercial uses — no min. parcel size. Tourist Commercial B -4 Intended for short term waterfront accommodations for visitors and accessory uses, may include residential mixed use — min. 2 acres. Business Planned Unit BPUD Intended for mixed commercial and limited multifamily residential with a Development single development plan —15 acre min. parcel — Details in Article V, Section 21 -58. Light Industrial 1 -1 Intended for storage, light manufacturing, wholesaling and distribution uses and adult entertainment — no min. parcel size. Heavy Industrial 1 -2 Intended for heavy manufacturing uses — no min. parcel. Industrial Planned Unit IPUD Intended for mixed industrial and limited commercial with a single Development development plan —15 -acre min. parcel size — Details in Article V, Section 21 -58. Agriculture AG Intended for general agriculture uses — min. 2.5 -acre parcel — temporary or hold zoning intended for future urban development. Employment EC /CC Intended to allow a mix of uses to satisfy varying degrees of intensity Center /Community Center and balance the residential and non - residential needs of the City. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -5 SECTION 21 -33 — USES AND RESTRICTIONS 21- 33.01— Purpose This portion of Article III depicts the permitted, conditional and accessory uses by zoning district using the matrix format. The footnotes in Table III -3 refer to any applicable special criteria for that use in the particular zoning district and are described in Section 21 -34 of this Article. If a use is not present in a given square in the matrix, that use is not permitted in that zoning district. Changes to the list of uses, the zoning districts and /or the permitted, conditional or accessory use status of a given land use can only be changed by completing the Land Development Code amendment process described in Article IX. 21 -33.02 — Permitted Uses The use depicted as "P" in the matrix (Table III -3) means that it is permissible in that zoning district as a matter of right, subject to satisfactory compliance with the project design standards found in the Land Development Code and any applicable site plan review requirements in the Land Development Code. The list of permitted uses cannot be all inclusive. The uses described in Table III -3 shall be interpreted by the Development Services Director/Planning Director to include other uses that have similar impacts to those listed. Any dispute or request regarding interpretations shall be resolved by the City Manager subject to an appeal to the City Council. All permitted uses or businesses requiring business tax receipts shall operate from within a permanent structure. 21 -33.03 — Conditional Uses The use depicted as a "C" in the matrix (Table III -3) means that it is permitted in that zoning district only after satisfactory completion of the conditional use process described in Article IX or the satisfactory completion of a Planned Unit Development. Satisfactory compliance with the applicable project design standards described in Article V and the concurrency requirements described in Article XI must also be achieved prior to commencement of a project. 21 -33.04 — Accessory Uses The use depicted as an "A" in the matrix (Table III -3) means a use that is incidental, related, appropriate and clearly subordinate to the existing principle permitted use. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -6 SECTION 21 -33.05 TABLE III - 3 PERMITTED (P), CONDITIONAL (C), AND ACCESSORY (A) USES ZONING DISTRICTS USE, STRUCTURE, OR ACTIVITY AG CN RT R -1 R -2 R -3 R -4 R -5 RPUD RP M14-1 M11-2 B -2 B -3 B -4 BPUD 1 -1 1 -2 IPUD P /SP EC CC Adult Entertainment 20) p Agriculture - General p p C Aircraft Manufacturing p p C C Airport Fixed Base Operatiolis p C C p C Aluminum Can Transfer Facility p p C C Animal Hospital C C p p C p C Antennas (1) (2) C C C C C p P p C C C C C C C C C C A uaculture p C Auction/Flea Market — Indoor Only p p C Automobile Paint & Body (7) (17) p p p C Automobile Repair — Indoor (7) p p p p C Automobile Service (7) p p C p p C Automobile Sales /Leasing P P C A A C Bed & Breakfast (3) C C P p C Boat Building & Repair C C C C C p C C Boat Sales and Leasing P P C A A C C Bulk Processing P C C Car Wash C p p C C C C C Chauffeur/Vehicle for Hire P C C C C Cemeteries p p Containment Facilities p C C p C Day Care — Children or Adult (18) p p p p p p p p p p C p A C C Distribution Facilities C C p p C C Financial Institute C C p C C C C Garden & Yard Supplies p p C p p C Govemment Facilities P I C I P P p p p p C C P p p p p C P I P I C P C C Rev 10/18/10 (Land Deve lopmentCode) * 12/10 III -7 SECTION 21 -33.05 TABLE III — 3 PERMITTED (P), CONDITIONAL(C), AND ACCESSORY (A) USES (cont'd) ZONING USE, STRUCTURE, OR ACTIVITY AG CN RT R -1 R -2 R -3 R -4 R -5 DISTRICTS RPUD RP MH -1 MH -2 B -2 B -3 BPUD 1 -1 1 -2 IPUD P /SP EC CC Health/Fitness Facilities C C P P FA C C C C C Home Occupations P P P P P P P C C P P P P C C C Hotel /Motel P P C C Intemet Cafd 21 P Kennels & Boarding (4) C C P C C P C P Laboratories C P C C P C C Lodges — Fratenial/Sorority P C C Marina C A I P C P C C Marina Related Industrial P C C Machine Sho /Re air P P C P P C C Mmufacturing— General C P P C C Medical /DentalOftices C C P P C C Mini - warehouse 5) 1 1 P C C P P C C Mining/Excavation (19 ) P P P Mobile Home Sales P C C Night Club / Loun e /Bar C P A C C C Nursing Homes (6) P C C P C Outdoor Equipment Sales P C P P C C Outdoor Storage 7 C C C C P C C Pawn Sho 21) 1 P Personal Service Facilities C C P P C C C C C Pool Hall /Billiards C C P P C C C C C C C Places of Worship C C C C C C C C P P C C P Places of Worship — Schools (15) C C C C C C C C C P P C P C C Professional Office Facilities (13) C C C C I P P I C C P P C C C Rev 10/18/10 (Land DevelopmentCode) * 12/10 1II -8 Railroad Facilities Kecording Facilities SECTION 21 -33.05 TABLE III — 3 PERMITTED (P), CONDITIONAL (C), AND ACCESSORY (A) USES (cont'd) ZONING DISTRICTS USE, STRUCTURE, OR ACTIVITY AG CN RT R -1 R -2 R -3 R -4 R -5 RPUD RP MH -1 NIH -2 B -2 B -3 B4 BPUD 1 -1 1 -2 IPUD P /SP EC CC Recreational Uses (R *) (14) P C P P P P P P C C A A P P C C C C C P C C Research Facilities C P C P P C C Residential - Communi Home 8) P P C C C C Residential — Duplex (16) p p C C C Residential — Family Home (9) P P P P P P P C C C Residential — Institutional Home (10) P P C C C C Residential — Multifamil (11) (16) P P C C Residential — Mobile Home p p C Residential — Single Family (16) P P P P P P P C C C C Restaurants A &B C A P P A C C C C C Retail — General C P P C C C C C RV & Boat Storage C A C C A C p P C C Salvage Yards (12) C Satellite Dishes A A A A A A A A A A A A A A A A A A A A Schools — Public p P P P P P P C P C p P C C C C P C Schools — Private C C C C A C P C C C C C P C Shopping Center C C P C C C C Silviculture P C Tattoo Parlor/Bod - Pie cin Studio p 21 Telecommunication - Unmanned p P P P P P p C p P p P p C P P C C Telecommunication Towers (2) C C C C C C C C C C C C C C C C C Theaters C p C C Truck FreiJit Temnal P C C Rev 10/18/10 (LandDevelopmentCode) * 12/10 111 -9 Warehousing & Storage P C C P P C C Wholesale & Distribution P C C P P C C Wrecker/Tow Truck Service P P C P P C C * R — Recreation Zoning District, Recreational Uses permitted only Rev 10/18/10 (Land DevelopmentCode) *12/10 III -10 TABLE III -3 FOOTNOTES The sections cited below identify special requirements for the listed land uses and are found on the following pages. In addition, many of the proposed projects must also comply with the requirements of Article IV — Natural Resource Protection, Article V — Site Design Criteria, Article VI — Signs and Article XVIII - Indian River Boulevard — S.R. 442 Corridor Design Regulations. 1. See Satellite Dishes, Section 21 -36.04 — Dishes greater than 39 centimeters in diameter are required to obtain a building permit and otherwise conform to the site development criteria. 2. See Telecommunications, Article XII for details. 3. See Bed & Breakfast, Section 21 -34.08 for details. 4. See Kennels /Boarding, Section 21 -34.06 for details. 5. See Mini - Warehouses, Section 21 -34.07 for details. 6. See Nursing Homes, Section 21 -34.09 for details. 7. See Outdoor Storage, Section 21 -34.04 and 21 -36.03 for details. 8. See Community Residential Homes, Section 21 -34.02 for details. 9. Limited to 6, or less, residents and no closer than 1000 feet to another Family Residential Home. 10. See Institutional Residential Homes, Section 21 -34.03 for details. 11. Multifamily residential is permitted in BPUD only as part of a single business /residential development plan — See Article V, Section 21 -57 for details. 12. See Salvage Yards, Section 21 -34.04 for details. 13. Residential Professional offices may be permitted as a conditional use in the R -2 district for certain properties abutting State Road #442. See Section 21 -34.10 for details. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -11 14. No artificial lights or recreational activity within 25 feet of the perimeter of the property line shall be permitted adjacent to residential property. 15. Places of Worship — Schools /Child Care, see Section 21 -36.05 for details. 16. Attached and detached aircraft hangars permitted in residential districts adjacent to airport taxiways. 17. Outside application of flammable finishes and/or environmentally sensitive finishes (spray painting) is strictly prohibited. 18. State license required. 19. Mining/Excavation is defined as the exploration for or extraction of surface or subterranean compounds; which shall include oil and gas exploration and production, and the mining of metallic and non - metallic minerals, sand, gravel, fill dirt, and rock. 20. Adult Entertainment is permitted in the I -1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. 21. Internet Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios are permitted in the I -1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. a. No person or entity shall propose, cause or permit the operation of, or enlargement of Internet Cafes, Pawn Shops and Tattoo Parlors /Body Piercing Studios that would or will be located within, 1,000 feet of a preexisting Internet Cafes, Pawn Shops and Tattoo PariorsBody Piercing Studios, within 500 feet of a preexisting commercial establishment that in any manner sells or dispenses alcohol for on- premises consumption, within 500 feet of a preexisting religious institution, within 500 feet of a preexisting park, or within 2,500 feet of a preexisting educational institution. In this subsection the term "enlargement" includes, but is not limited to, increasing the floor size of the establishment by more than ten percent. b. In addition to the distance requirements set forth in the subsection above, Internet Cafes, Pawn Shops and Tattoo Parlors /Body Piercing Studios shall not be allowed to open anywhere except in the I -1 district (with the exception of parcels having frontage on Park Avenue) where Internet Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios are an expressly permitted use. c. The aforementioned distance requirements are independent of and do not supersede the distance requirements for alcoholic beverage establishments which may be contained in other laws, rules, ordinances or regulations. 20. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -12 SECTION 21 -34 — SPECIAL USE REQUIREMENTS The following uses are subject to the special restrictions described below in addition to the applicable natural resource standards described in Article IV and the project design standards described in Article V. 21- 34.01— Home Occupations The purpose of this Section is to provide criteria under which a home occupation may operate in the City's residential districts. The Home Business Tax Receipt is designed to allow for office type uses within a residence. No home business tax receipt shall be issued unless the City determines the proposed home occupation (business) is compatible with the criteria shown below: a. The use must be conducted by a member, or members, of the immediate family residing on the premises and be conducted entirely within the living area of the dwelling unit, not to exceed twenty percent (20 %) of the dwelling unit space (excluding garage /carport) for the home occupation. b. No manufacturing, repairing, storing, or other uses that are restricted to commercial and industrial districts are allowed. c. No chemicals /equipment, supplies or material, except that which is normally used for household domestic purposes, shall be used or stored on site. d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be permitted in residential areas. e. No electrical, electro- magnetic or mechanical equipment that causes any interference or excessive noise to adjacent dwelling units shall be installed or operated. f. No products, services, or signage may be displayed in a manner that is visible from the exterior of the dwelling unit, except signage required by state law. g. Except as provided in Section 21- 35.03, no commercial vehicles or equipment shall be permitted in the driveway, or adjacent public right -of -way, including commercial vehicles used for mobile vending and no delivery of commercial products for the use of the business tax receipt shall be allowed. Normal /routine UPS, FedEx, or over -night mail shall not be considered commercial deliveries. h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted for office use and small machinery such as hand drills and small jigsaws for hobbyist uses. Hobbyist uses shall be limited to $500 in total inventory. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -13 i. All home occupations shall be required to obtain a home business tax receipt pursuant to the requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation. j. Garages, carports or similar structures, whether attached or detached shall not be used for storage of material or manufacturing concerning the home occupation (other than storage of an automobile). k. Any home business tax receipt that generates more than 10 vehicle trips per day shall require a City fire inspection. Excessive traffic shall not be permitted other than routine residential traffic. 1. An applicant may appeal the denial of an application to the City Council pursuant to the requirements of the Land Development Code. m. No home business tax receipt shall be issued for any property until such time that any Code Compliance issues are resolved. n. If the applicant does not own the property, said applicant shall provide a signed and notarized affidavit from the property owner permitting a Home Occupation on their property, provided the use is permitted by the City. 21- 34.02— Community Residential Homes (CRH) The purpose of this Section is to establish criteria for the placement of Community Residential Homes as defined in F.S. 419.001(a), and limit their location to areas zoned for multi - family development. a. All Community Residential Homes shall be required to obtain a City business tax receipt. Pursuant to the requirements of Chapter 205.1965, F.S., the City shall not issue said receipt unless the applicant has a state license and substantially meets the criteria listed herein. b. All facilities shall comply with the minimum parcel area and dimensional requirements of the zoning district in which the facility is located. c. Community Residential Homes shall be used only for the purpose of providing rehabilitative, or specialized care, and may not be used for administrative, or related office -type activities, other than those in support of the facility. d. No counseling, or other client services for non - residents shall be permitted in a CRH. e. A CRH shall be similar in appearance to the prevailing character of the area in which the proposed site is located. Similar means within 125 percent of the average floor area, height, and/or architectural style of any other dwelling units in the adjacent area. f. On -site signage shall be a low profile sign with a maximum height of 8 feet and a maximum area of 16 square feet. Rev 10/18/10 (LandDevelopmentCode) *12/10 11I -14 g. The proposed CRH shall provide a minimum 4 -foot (4') high fence on all property lines. h. The proposed CRH shall comply with the appropriate project design standards described in Article V. i. The proposed CRH shall comply with all appropriate Florida Fire Prevention Codes and Building Code requirements. j. The minimum dwelling unit size for each resident shall be 750 square feet. k. There shall be no more than fourteen (14) residents permitted in a structure on a parcel designated as Medium Density Residential or High Density Residential on the City's Future Land Use Map. 1. Each CRH shall provide a responsible supervisory person on duty at all times while residents are on the premises. The minimum staffing levels required by the State, or other licensing agency, shall be maintained at all times. m. Failure to substantially comply with all these criteria shall subject the property owner, and/or the applicant, to the enforcement provisions of Article X. n. A Community Residential Home shall not be located closer than 1,200 feet (1,200') to another CRH, or closer than 500 feet (500') of a parcel zoned AG, RT, R -1, R -2, or R -3. [See Chapter 419.001 F.S.] o. All distance requirements shall be measured from the nearest point of the existing CRH property line, or the zoning district described above, whichever is greater. p. Each facility shall be required to obtain an appropriate license prior to receiving an occupational license from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21 -34.03 — Institutional Residential Homes (also referred to as ALF's) The purpose of this Article is to provide regulations to protect the adjacent property values while allowing the institutional home to operate. For this purpose of this Code, assisted living facilities (ALF) shall be considered as an Institutional Residential Home. a. A minimum 4 foot (4') high fence shall be provided at all times. b. Full time on -site management shall be provided at all times. c. Minor on -site medical care may be provided at the option of the operator. d. Each resident shall have the minimum square footage of personal living area for their use, as required by the State. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -15 e. Each facility shall be required to obtain an appropriate license prior to receiving an occupational license from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21 -34.04 — Salvage Yards The purpose of this Section is to control the operation of salvage yards and similar uses. a. Salvage yards shall comply with the conditional use standards for the I -2 zoning district. b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet, and shall conform to the buffer yard requirements described in Article V, Section 21 -54. c. All sites shall be enclosed by an eight foot (8') high stockade fence or masonry wall. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Nothing stored shall be visible above the height of the fence or wall. e. A City of Edgewater Business Tax Receipt shall be required. f. No storage or parking of items under control of the salvage yard shall be permitted outside of the fence or wall. 21 -34.05 — Refuse and Dumpsters The purpose of this Section is to control the placement and operation of refuse and dumpsters and similar such uses. a. Dumpsters on commercial, industrial and multi - family properties shall be enclosed from view with a six foot (6') high stockade fence, or masonry wall and gate. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. Dumpsters and dumpster pads shall not be required for properties zoned RP (Residential Professional). b. No dumpsters, containers or containment areas shall be permitted in any public right -of -way. c. Gates shall be kept closed at all times except on designated pick up days. d. Non - residential properties located within 150 -feet of a residential property line or noise sensitive zone (as defined in the Noise Ordinance) shall not have dumpsters and/or containers delivered, emptied or removed between the hours of seven p.m. (7:00 p.m.) and seven a.m. (7:00 a.m.) on weekdays and seven p.m. (7:00 p.m.) and eight a.m. (8:00 a.m.) on weekends or holidays. Dumpsters and/or containers cannot be delivered, emptied or removed during the Rev 10/18/10 (LandDevelopmentCode) *12/10 11I -16 hours of ten p.m. (10:00 p.m.) and six a.m. (6:00 a.m.) in non - residential properties which are not within 150 -feet of a residential property line or noise sensitive zone. e. All construction projects shall have a dumpster located on -site for placement of construction debris for all new construction and additions exceeding 600 - square feet. f. Containment areas and construction project areas shall be maintained in a clean and orderly manner at all times so as to not produce a nuisance. g. Newly developed /redeveloped non - residential projects and multi - family projects over four (4) units shall provide an adequate quantity of on -site dumpsters. 21 -34.06 — Kennels The purpose of this Section is to minimize conflicts of noise, odor, and health hazards created by kennels. In addition to the regulations as set forth within the district(s) in which the use is located, the following minimum regulations shall apply: a. Commercial kennels are limited to the raising, breeding, boarding, and grooming of domesticated animals. Farm animals such as pigs and chickens or exotic animals such as snakes are expressly prohibited. b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a sanitary facility approved the City Engineer. c. No animal having a disease harmful to humans shall be boarded or maintained in the facility. d. No building or other structure nor any dog run shall be located within 150 feet (150') of any residential use. e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7 A.M. f. Kennels are required to receive a commercial kennel license from the Volusia County Animal Control Department and a City of Edgewater Business Tax Receipt after receiving a Certificate of Occupancy from the City. g. See Chapter 5 of the Code of Ordinances, City of Edgewater, Florida for additional regulations. 21 -34.07 — Mini - warehouses Mini - warehouses may be permitted under the following conditions: a. Mini - warehouse buildings shall be screened from the public right -of -way by a minimum of a six foot (6') high stockade fence or masonry wall with a ten foot (10') wide landscape buffer Rev 10/18/10 (LandDevelopmentCode) *12/10 II1 -17 planted adjacent to the street side on all boundaries facing residential districts. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. b. The project shall be completely fenced, walled, and designed to limit ingress and egress through a controlled and lockable access point. This shall be limited to one (1) two (2) way access points or two (2) one (1) way access points. c. Mini - warehouse units shall not contain any provision for electrical outlets, potable water, or sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes may be installed outside of the warehouse structures. d. Bathroom facilities shall be provided at a central facility in accordance with the Standard Plumbing Code. e. Mini - warehouses are to be used solely for storage purposes. No other commercial use or business shall be permitted within the facility unless permitted as part of a Master Plan. However, one (1) office unit attached by common walls or floors as a part of the mini - warehouse facility may be provided for use of the warehouse manager. f. No storage of flammables, weapons, ammunition, explosives, hazardous, or illegal substances or materials is allowed. g. Mini - warehouses may be permitted as a conditional use in the B -3 and BPUD District when located at least 100 feet (100') from the front property line and where in that 100 feet (100') the property is developed. h. A City Business Tax Receipt shall be required. 21 -34.08 — Bed & Breakfasts a. Bed and breakfast accommodations, as defined in Section 21 -20 shall require off- street parking at 1 space/bedroom, plus residential parking requirements. b. Landscaping shall be provided as required for hotel /motel uses. c. One (1) sign not to exceed six (6) square feet. d. A City Business Tax Receipt is required. 21 -34.09 — Nursing Homes a. Nursing home sites shall front on a major collector or arterial roadway. b. Buffering shall be provided based on land use intensity and comply with the landscaping requirements of Section 21 -54. Rev 10/18/10 (LandDevelopmentCode) *12/10 11I -18 c. A City Business Tax Receipt is required. 21 -34.10 — Residential Professional Offices Residential Professional Offices are permitted as a conditional use and require site plan approval. Residential Professional Offices are permitted only along S.R. 442, east of Pinedale Road and west of U.S. Highway 1. Residential Professional Office site plans shall be provided with a Zoning Map Amendment application and shall include: a. The property must have a minimum frontage of 100 -feet along S.R. 442. b. One ground sign not to exceed sixteen (16) square feet of display area and an overall height of eight feet (8'). 1. Ground Sign Planter Specifications. Vertical structure supports for ground signs shall be concealed in an enclosed base. The width of such enclosed base shall be equal to at least two - thirds (2/3) the horizontal width of the sign surface. A planter structure shall enclose the foot of the base. The planter shall be between two feet (2') and three feet (3') in height above the ground, with a minimum length equal to the width of the sign and a minimum width of three feet (3'). The materials will be consistent with the sign and principal structure. The planter shall be irrigated and planted with low shrubs, ornamentals or flowers. Such plantings shall be maintained indefinitely. 2. Ground Sign Setback. The leading edge of the sign shall be setback a minimum of ten feet (10') from the right -of -way. 3. Movement. No ground sign nor its parts shall move, rotate or use flashing lights. 4. Prohibited Signs. Signs that are prohibited in the Indian River Boulevard Corridor include animated signs, billboards, off -site signs, flashing signs, snipe signs, portable signs (trailer signs), roof signs, beacon lights, bench signs, trash receptacle signs, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. c. Commercial building code requirements shall be met. d. A City Business Tax Receipt is required. e. All development and/or redevelopment shall conform to the site design criteria as defined in Article V and Article XVIII of the Land Development Code f. Professional office uses are restrictive and shall be designed to primarily serve the populace of the general vicinity. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -19 SECTION 21 -35 — PROHIBITED USES 21 -35.01 — Alcoholic Beverages No alcoholic beverage establishments, i.e., establishments engaged in the sale of alcoholic beverages for on- premises consumption, shall be located within 500 -feet of an established church or school with the following exception: a. Any location licensed as a restaurant, which derives at least 51- percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to Florida Statutes. SECTION 21 -36 — ACCESSORY USE REQUIREMENTS 21- 36.01— Purpose This Section includes those accessory uses and detached structures that are subordinate to the main use or building or located on the same lot. The term other accessory buildings shall include, but not be limited to such structures as greenhouses, gazebos, storage buildings, storage shed, garages, carports and the like. 21 - 36.02 — General Regulations a. The principle permitted use must be built or permitted prior to a permit for an accessory use is permitted. b. All accessory uses, buildings and structures shall be located on the same lot as the principle or permitted use. c. No accessory use, building or structure shall exceed the height limit shown in that district. d. Accessory buildings shall not be rented or otherwise used as a dwelling unit. e. No accessory structure may be located within a public right -of -way or public easement. f. All accessory structures are required to obtain a building permit. g. No accessory structure may be located in any front yard in any zoning district. h. Accessory buildings shall conform to the setback requirements described in Table V -1. i. No accessory building may be located within any required parking area, landscape area or stormwater facility area. Rev 10/18/10 (Land DevelopmentCode) *12/10 11I -20 j. Accessory buildings shall be limited to 2 per parcel. k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side property lines. 21 -36.03 — Outdoor Storage and Display: Commercial/Industrial The purpose of this Section is to provide regulations for the location of outdoor storage and display facilities where such storage is an accessory use and a part of normal operations on the premises. a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain commercial and industrial districts as indicated in Table III -3. Such outdoor storage or display shall not be located adjacent to any residential district or use unless such storage or display is screened from the view of the neighboring residential district or use. b. No outdoor storage may be located in any required front yard, parking areas, fire zones, loading areas or access lanes. c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic entering or leaving the site. Existing sites with a chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and similar materials, which are subject to being scattered or blown about the premises by normal weather conditions, shall be contained by an adequate enclosure. No outdoor storage area or building shall be located in a public right -of -way, utility or drainage easement. e. Commercial outdoor display of merchandise may be permitted as an accessory use within the required front, side or rear yard areas, providing that such outdoor display shall not be located adjacent to a residential street. f. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet (10') from the front and side corner property line and five feet (5') from the interior side and rear property line. Landscaping shall be installed in this area on any adjacent local street. g. All display merchandise and related display equipment shall be removed at the close of business each day. No outdoor display areas shall be permitted within required parking spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles, driveway entrances or exits. h. All unattended machines dispensing a product, with the exception of ice and water machines, LP gas, newspaper machines (general circulation), shall be located indoors. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -21 21 -36.04 — Satellite Dishes and Antennas The purpose of this Section is to control the location of satellite dishes and antennas in order to allow their use without sacrificing property values. Telecommunication tower location and site development standards are found in Article XII. a. Privately owned ham radio antennas, citizens band radio and /or satellite dish antennas shall be considered accessory uses. All other such facilities belonging to companies whose business involves the reception or transmissions of wireless communication signals shall be considered commercial uses. b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters (approximately 36 inches) or less in diameter shall not require an installation permit. c. A satellite dish greater than 36 inches (36 ") in diameter shall require a building permit from the City. d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in diameter shall be set back five feet (5') from side and rear lot lines or easements. e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be permitted in the front yard of any parcel. f. The required setback shall be measured from the closest point of the outermost edge of the antenna or satellite dish to the property line. g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes shall not exceed the height limit in that district. 21 - 36.05 — Places of Worship — Schools /Child Care The purpose of this Section is to establish criteria for the operation of schools and recreation facilities as an accessory use associated with places of worship. a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25') of property used as residential. b. Recreation areas associated with places of worship shall not use artificial site lighting at night unless shielded from adjacent residential areas. c. No recreational activity shall be located closer than 25 feet (25') to an adjacent parcel. d. The front yard of a place of worship shall be on an arterial or collector roadway. e. The building design for new construction shall be substantially similar to the design of the existing structures. No portables, trailers or like buildings are permitted. Rev 10/18/10 (LandDevelopmentCode) *12/10 1I1 -22 f. Parking and service areas shall be located away from adjacent parcels. 21 - 36.06 — Boathouses The following regulations shall apply to boathouses in all the R -1, R -2, R -3, R -4 and R -5 districts. a. Height of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen (15') feet from mean high water. b. Boathouse setback: No boathouse shall be built less than five (5') feet from the established bulkhead line or less than ten (10') feet from any side lot line. If no bulkhead line is established, then the mean high tide watermark shall be used as the line of measurement. c. Accessory building attached to boathouse: No accessory building which is attached to a boathouse and a part thereof shall be erected or altered less than twenty (20') feet away from the established bulkhead line. If a bulkhead line is not established, then the mean high water mark shall be used as the line of measurement. d. Detached accessory building to boathouse: A detached accessory building to a boathouse is prohibited in the R -1, R -2, R -3, R -4 and R -5 residential districts. e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in width measured on a line parallel to the established bulkhead line or exceed forty (40') feet in depth measured at right angles to the established bulkhead line. If a bulkhead line is not established, then the mean highwater mark shall be used as a line of measurement. 21 - 36.07 — Boat Docks and Slips a. Boat docks and slips for mooring pleasure boats, yachts and non - commercial watercraft shall be permitted in accordance with Volusia County's Manatee Protection Plan in any residential district as an accessory use to the residential use. b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of measurement. 21 - 36.08 — Boats as Dwelling Units No boat or vessel shall be used or maintained as a dwelling unit which is not sound, seaworthy and equipped with sanitary facilities that are either: a. Connected to a public sewer system, or b. Have a self - contained waste treatment system. Rev 10/ 18/1 0 (LandDevelopmentCode) *12/10 111 -23 21 -36.09 — Canopies/Temporary Carports and Tents /Gazebos a. Owners of canopies /temporary carports and tents /gazebos shall be required to secure the above objects so as to prevent them from becoming airborne or from leaving the property where installed, as well as keep them in a good state of repair. b. The below specifications are intended to be minimum only and are no indication or guarantee of fitness for securing the temporary items covered under this Section. Quantities and sizing will vary by the size of the item being secured. 1. All tie downs must be secured to solid, immoveable objects such as: mobile home anchors, concrete driveways, buildings, etc., or as per manufacturer's installation instructions or engineer's specifications. 2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable or a minimum of 3/8" true nylon rope, (not polyethylene, polypropylene or polyester) or sized as per manufacturer's installation instructions or engineer's specifications. 3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down, because attaching weight or other moveable objects to canopies /temporary carports and tents /gazebos can cause those weights to be catapulted by wind lift. c. Canopies /temporary carports shall be located in the driveway, immediately parallel to the driveway, in the side yard or back yard, but at no time shall they extend over the property line or into the public right -of -way. There shall be a limit of one such canopy /temporary structure in the front setback/front yard area and shall be as far from the front property line /street as the yard size or driveway permits. This location must not cause a safety problem. No enclosing or side tarps will be allowed in the front setback/front yard area. d. Tarps /tops of temporary structures shall be removed during hurricane warning conditions. e. Use of such canopies within the front setback/front yard, shall be limited to cover automobiles, watercraft, watercraft trailers, motor homes, trailers, recreational vehicle trailers, campers and other motorized vehicles. 21 -36.10 — Swimming Pools a. Definitions As used in this Article, the following terms shall have the respective meanings ascribed to them: Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -24 Residential swimming pool: Any swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family, and by guests invited to use it without charge or payment of any fee. Swimming Pool: A body of water in an artificial or semi - public or private swimming setting or other water - related recreational activity intended for the use and enjoyment by adults and/or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and shall exclude 110 -volt plug -in Jacuzzi/hot tubs. Wading pool: Any pool with a surface area of less than two hundred fifty (250) square feet and less than twenty -four (24) inches in depth at any point. Wading pools shall not be required to comply with this Article. b. Permit — Application; plans and specifications 1. Application: Before the erection, construction or alteration of any swimming pool has begun, an application for a permit shall be submitted to the Building Official for approval. 2. Plans and specifications: The application shall be accompanied by two (2) sets of full and complete plans and specifications of the pool, including a survey of the lot showing distance between buildings or structures and the distance from all property lines. Plans must show method of compliance with the Pool Safety Act, F.S. 515. c. Structural Requirements 1. General: All swimming pools whether constructed of reinforced concrete, pneumatic concrete, steel, plastic or others, shall be designed and constructed in accordance with the requirements of the Florida Building Code, 424 and accepted engineering principles. d. Location 1. Front yard and side corner yard swimming pools are prohibited. 2. No swimming pool shall be constructed closer than five (5) feet from any building without engineering, nor within any easement or ten (10) feet from any property line, unless a Development Agreement or P.U.D. Agreement is established for the property. e. Enclosures Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -25 1. All swimming pools, unless entirely screened in, shall be completely enclosed with a fence or wall at least four feet (4') high, and so constructed as to not be readily climbable by small children. All gates or doors providing access to the pool area shall be equipped with a self - closing and self - latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool area is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped, per Child Safety Act, F.S. 515. 2. All whirlpools, spas or hot tubs unless entirely screened in or equipped with a lock down cover shall be completely enclosed with a fence or wall at least four feet (4') high and so constructed as to not be readily climbable by small children, and comply with the Child Safety Act, F.S. 515. f. Filtration and recirculation system All swimming pools shall be equipped with a filtering and recirculation system and such systems shall be compliant with all applicable requirements as set forth by the American National Standards Institute. g. Electrical wiring All electrical wiring must comply with the National Electrical Code (NEC). h. Plumbing When plumbing is connected to City service for water supply, all plumbing shall be in strict accordance with the local plumbing code. When water is supplied from sources other than City connected service to family pools, then plastic pipe stamped and approved one hundred (100) by an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing inspector. i. Discharge water Water being discharged from the pool or from the back flushing of the filtering system may be discharged to a storm sewer, dry well, seepage pit, or through an irrigation system or other approved method by the City. Discharge water may not be discharged into a sanitary or combined sewer. j. Rim height The overflow rim of all swimming pools shall be a minimum grade above surrounding ground level and in all cases sufficiently high enough to prevent groundwater from flowing into the pool. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -26 k. Walkway A walkway of concrete or other approved materials shall surround all swimming pools from the overflow rim outward a distance of three feet (3') for at least two - thirds (2/3) of the pool perimeter and shall be so designed that water cannot drain from the walkway into the pool. 1. Overflow Skimmer A beam overflow skimmer shall be required and be designed so that debris caught in it will not g g be washed back into the pool by water movements. 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 I1I -27 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 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 a. 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. b. The number of special activities at any given location or address shall not exceed: 1. One 10 -day period and two 1 -day charitable events /activity between the period of January 1s through June 30 and 2. One 10 -day period and two 1 -day charitable events /activity between the period of July 1s through December 31 3. 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. c. Outdoor entertainment/amplified sound in conjunction with a special activity shall be permitted only between the times of 1:00 p.m. to 10:00 p.m., unless otherwise authorized by the City. 21 -37.04 — Special Activity Permit Application Process Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -28 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 for special activity permits that are required to go before City Council for approval and 21 -days for special activity permits that only require Staff approval. 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 2,000 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 $500,000 if no on -site alcohol consumption is proposed and $1,000,000 if on -site alcohol consumption is permitted and /or pyrotechnics are proposed 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 11I -29 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. SECTION 21 -38 — FENCES, WALLS and HEDGES 21- 38.01— Purpose The purpose of this Section is to set forth the standards necessary to regulate the use of fences. 21 -38.02 — General Requirements Rev 10/18/10 (LandDevelopmentCode) *12/10 I11 -30 The following regulations shall apply to the erection of fences, walls and hedges. a. All fencing materials must comply with the definition in Article II. b. All fences shall comply with the provisions of the applicable building codes. c. Fences may be located in all front, side and rear yard setback areas and directly on property lines, provided that if a fence encroaches into a utility access easement or right -of -way, the City shall not be responsible. d. The maximum allowable height of all fences located in the front yard setbacks and river front lots of residential property not subject to site plan review shall be four feet (4'). Fences located in these areas must be non - opaque (50% visibility). The maximum allowable height of all other fences in residential areas shall be six feet (6') including side corner yards and meet the site triangle requirements. Six (6') foot fences on side corner lots shall be setback ten feet (10') from the property line. In commercial and industrial areas no fence shall exceed ten feet (10') feet in height unless otherwise approved as part of a development plan and meet the site triangle requirements. The filling or berming of property solely for the purpose of creating a barrier that exceeds the height requirements contained herein is prohibited. e. Concrete block walls shall be constructed with appropriate reinforcement as determined by the Building Official. Block walls shall be stucco and painted to compliment the surrounding character of the area. f. All fences shall be erected with the finished side facing outward or away from the enclosed screened area. The "good - side "(side without posts) of fence shall be facing public view. g. Approval to exceed maximum height limitations may be granted by the Development Services Director/Planning Director subject to either of the following: 1. The enclosed or screened area is sufficiently lower than adjoining lands to render a fence of the maximum allowable height inadequate for its intended purpose. 2. The area to be enclosed or screened contains a nuisance or a hazard that cannot adequately be encompassed or obscured by a fence of the maximum allowable height. h. Fences with barbed wire shall be prohibited in conjunction with residential development. In nonresidential development, up to three (3) strands of barbed wire may be installed at the top of a fence. For regulatory purposes, barbed wire shall not be included in the measurement of the fence height. In no case shall barbed wire be allowed to overhang or extend outside of the property lines of the site on which the fence is installed, nor shall any barbed wire be installed at a height of less than six -feet (6') with the exception of agriculturally zoned property. Rev 10/18/10 (Land DevelopmentCode) *12/10 111 -31 i. Electric or electrified fences shall be prohibited except in agriculturally zoned districts for the containment of livestock. j. Customary fencing around public recreational amenities shall be exempt from height restrictions. k. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or other common areas deemed as an aesthetic amenity. 1. Fences shall conform to the "site- triangle" requirements as set forth below: 21 - 38.03 — Site Triangle Requirements a. Nothing shall be erected, planted or placed in a manner as to materially impede vision between a height of two and one -half feet (2 %2') to ten feet (10') above the intersecting street right -of -way lines. The site triangle shall be measured fifty feet (50') in each direction from the intersecting right -of -way lines. These regulations may also apply in commercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. (See Site Triangle Diagram on the following page) Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -32 RAP! i 1 ❑ LINE OF VISIBILITY 5°1 -: vv 4 01fr 4010 2 to i _ W CORNER LOT j i -7-- jVISISILR'i TRIA E Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -33 I I AGENDA REQUEST C.A. #2011 - LAP -01 Date: April 7, 2011 PUBLIC HEARING April 18, 2011 RESOLUTION X ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution No. 2011 -R -07 Approving the Local Agency Program (LAP) Agreement, FPN # 430183- 1 -38 -01 between the City of Edgewater and the Florida Department of Transportation (FDOT) to facilitate the design of the U.S. 1 Sidewalk Project APPLICANT /AGENT: City of Edgewater REQUESTED ACTION: Approve the Local Agency Program (LAP) Agreement between the City of Edgewater and the FDOT, FPN # 430183- 1 -38 -01 to facilitate the design of the U.S. 1 Sidewalk Project. BACKGROUND: The FDOT has requested the City of Edgewater enter into, execute and deliver the LAP Agreement for Project Number FPN # 430183- 1- 38 -01, the design of the U.S. 1 Sidewalk Project, to fund design of a sidewalk along the east and west sides of U.S. 1 from Volco Road to the northern City limits. The total length of the project is approximately 4.7 miles. STAFF RECOMMENDATION: Staff recommends approving Resolution 2011 -R -07 the LAP Agreement between the City of Edgewater and the FDOT, FPN # 430183- 1- 38 -01. ACTION REQUESTED: Motion to approve Resolution 2011 -R -07. FINANCIAL IMPACT:(Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respe4tfully submit -d, Concurrence: D. -n Lear Robin L. Matusick Development Services Director Paralegal racey T Bar ow City -pager RESOLUTION #2011 -R -07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; APPROVING THE FLORIDA DEPARTMENT OF TRANSPORTATION'S LOCAL AGENCY PROGRAM AGREEMENT ( "LAP "), FPN 430183- 1- 38 -01; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Florida Department of Transportation and City of Edgewater desire to facilitate the design of the U.S. 1 Sidewalk Project; and WHEREAS, the State of Florida Department of Transportation has requested the City of Edgewater enter into, execute and deliver the Local Agency Program Agreement for Project Number FPN 430183- 1- 38 -01. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida as follows: Section 1. The City Council approves the Local Agency Program Agreement for the design of the U.S. 1 Sidewalk Project (FPN 430183- 1- 38 -01) and hereby authorizes the Mayor to execute said Agreement, which is attached hereto and incorporated herein as Exhibit "A ". Section 2. The City Clerk is hereby instructed to forward a fully executed original of the Florida Department of Transportation Local Agency Program Agreement, FPN 430183- 1 -38 -01 to the Florida Department of Transportation. Section 3. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any Court, such portion or application shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions or applications hereof. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 2011 -R -07 1 Section 5. This resolution shall take effect immediately upon its adoption. Section 6. After a motion to approve by with second by , the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Ted Cooper PASSED, APPROVED AND ADOPTED this day of , 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day of legality by: Carolyn S. Ansay, Esquire , 2011 under Agenda Item No. City Attorney Doran, Sims, Wolfe, Ansay, Kundid & Birch 2010 -R -07 2 Exhibit "A" 2011 -R -07 3 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 1 FPN: 430183- 1 -38 -01 Fund: SU FLAIR Approp: 088849 Federal No: 4043 -120 -C Org Code: 55053010541 FLAIR Obj: 790089 FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: FPN: Fund: FLAIR Approp: Federal No: Org Code: FLAIR Obj: County No: 79 Contract No: Vendor No: F596- 000 - 314 -002 Data Universal Number System (DUNS) No: 80- 939 -7102 Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the Department, and CITY OF EDGEWATER, 104 North Riverside Drive, Edgewater, Florida 32032 hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in the design of U.S. 1 (State Road 5A) Sidewalks and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) "A," "B," and "1" are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Removal of Any Unbilled Funds If Agency fails to timely perform its obligations in submitting invoices and documents necessary for the close out of the project, and said failure results in a loss of the remaining unbilled funding either by Federal withdrawal of funds or loss of State appropriation authority (which may include both federal funds and state funds, if any state funds are on the project), Agency will be responsible for the remaining unbilled funds on the project. No other funds will be provided by the Department. Agency waives the right to contest such removal of funds by the Department, if said removal is directly related to Federal (FHWA) withdrawal of funds or loss of State appropriation authority due to Local Agency's failure or nonperformance. In addition to loss of funding, the Department will consider de- certification of said Agency for future LAP projects. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 3 "(a) The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice -to- Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice - to- Proceed from the Department. 3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non - compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non - compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5 -year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 4 The administration of resources awarded by the Department to the Agency may be subject to audits and /or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the FDOT's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non - profit organizations as defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria: 1. In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. 3. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (I), Florida Statutes) are to have audits done annually using the following criteria: 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non -state entities. State financial assistance does not include federal direct or pass- through awards and resources received by a non -state entity for federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 5 3. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: 1. Copies of financial reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Marianne B. Takacs, Special Projects Analyst Florida Department of Transportation 719 South Woodland Boulevard, MS 2 -542 DeLand, Florida 32720 b) The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10` Street Jeffersonville, IN 47132 c) Other federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. 2. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A -133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A -133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Marianne B. Takacs, Special Projects Analyst Florida Department of Transportation 719 South Woodland Boulevard, MS 2 -542 DeLand, Florida 32720 In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any Management STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 6 Letters issued by the auditor, to the Department at each of the following addresses: Marianne B. Takacs, Special Projects Analyst Florida Department of Transportation 719 South Woodland Boulevard, MS 2 -542 DeLand, Florida 32720 3. Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Marianne B. Takacs, Special Projects Analyst Florida Department of Transportation 719 South Woodland Boulevard, MS 2 -542 DeLand, Florida 32720 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Marianne B. Takacs, Special Projects Analyst Florida Department of Transportation 719 South Woodland Boulevard, MS 2 -542 DeLand, Florida 32720 5. Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A -133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 7 (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right - of -way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3-"Travel" of the Department's Disbursement Operations Manual, Topic 350 - 030 -400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120 -day time period may not be paid. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 8 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice -of- Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 9 Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must include the following assurance: "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 10 Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non - Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non - responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non - compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 11 then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA- 1273 in all its contracts and subcontracts. 13.08 Right -of -Way Certification: Upon completion of right -of -way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right -of -way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally- appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federally- appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 12 tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right -of -way, the Agency Z will ❑ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850 - 413 -5516. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. Federal Economic Stimulus awards do not exempt the Agency from adherence to federal guidelines, procedures, and regulations. 13.16 E- VERIFY The Agency shall utilize the U.S. Department of Homeland Security's E- Verify system, in accordance with the terms governing use of the system, to confirm the employment eligibility of: 1. All persons employed by the Agency during the term of the Contract to perform employment duties within Florida; and 2. All persons, contractors, including subcontractors, assigned by the Agency to perform work pursuant to the contract with the Department. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -01/11 Page 13 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY (City of Edgewater) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Name: Name: Rise' K. Wall Title: Title: Director of Transportation Support Attest: Attest: Title: Title: Administrative Assistant As to form: Legal Review: Attorney Office of the General Counsel See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08 /0s Page 14 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 430183- 1 -38 -01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and the City of Edgewater, 104 N. Riverside Drive, Edgewater, Florida 32032 Dated PROJECT LOCATION: The project X is is not on the National Highway System. The project X is is not on the State Highway System. PROJECT DESCRIPTION: The design and mapping of right -of -way lines for a 5' or 6' wide concrete sidewalks along US 1. Along the east and west sides of US 1 from Volco Road to the northern City limits. Work will involve substantial drainage modifications to the existing rural conveyance /treatment facilities along the roadway. Scope also includes ADA modifications to existing driveways and pedestrian crossing modifications to existing intersections along the route, including the signalized intersections of Ocean, SR 442, Falcon and Roberts. Termini is Volco Road to the northern City limits with a total project length of approximately 4.7 miles. SPECIAL CONSIDERATIONS BY AGENCY: Invoices and Progress Reports shall be submitted on a monthly basis to: Tushar Patel, LAP Project Manager Florida Department of Transportation 719 South Woodland Boulevard, MS 2 -544 DeLand, Florida 32720 The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of state funding action (receipt and disbursement of funds), any federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right -of -way activities. The Agency shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) N/A Study to be completed by N/A b) Design to be completed by 6/30/2013 . c) Right -of -Way requirements identified and provided to the Department by N/A STATE OF F LORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 15 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES d) Right -of -Way to be certified by N/A . e) Construction contract to be let by N/A . f) Construction to be completed by N/A . If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: N/A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 16 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS: FPN: City of Edgewater 430183- 1 -38 -01 104 North Riverside Dr. Edgewater, Florida 32725 PROJECT DESCRIPTION Name: U.S. 1 (SR 5) Sidewalks Length: 4.7 miles Termini: From Volco Road to the Northern City Limits FUNDING (1) (2) (3) TOTAL AGENCY STATE & TYPE OF WORK By Fiscal Year PROJECT FUNDS FUNDS FEDERAL FUNDS Planning 2006 -2007 2007 -2008 2008 -2009 Total Planning Cost Project Development & Environment (PD &E) 2006 -2007 2007 -2008 2008 -2009 Total PD &E Cost Design 2009 -2010 2010 -2011 2011 -2012 $1,500,000.00 $1,500,000.00 Total Design Cost $1,500,000.00 $1,500,000.00 Right -of -Way 2006 -2007 2007 -2008 2008 -2009 Total Right -of -Way Cost Construction 2007 -2008 2008 -2009 2009 -2010 2010 -2011 Total Construction Cost Construction Engineering and Inspection (CEI) 2008 -2009 2009 -2010 2010 -2011 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT $ 1,500,000.00 $ 1,500,000.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 - 010-40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE O8 /O6 Page 17 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration (SU) CFDA #: 20.205 Highway Planning and Construction Amount: $ 1,500,000.00 Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient/sub- recipient. Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through state Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are generally selected by State DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. AGENDA REQUEST C.A. #2011-031 Date: April 1, 2011 PUBLIC HEARING April 18, 2011 RESOLUTION April 18, 2011 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution 2011 -R -08 Adoption of the City of Edgewater Community Redevelopment Area (CRA) Finding of Necessity. BACKGROUND: The attached Resolution regarding the adoption of the City of Edgewater Community Redevelopment Area (CRA) Finding of Necessity report supports findings that conditions in the proposed Edgewater Community Redevelopment Area meet the criteria established pursuant to Chapter 163 of the Florida Statutes. The findings in this report identify and substantiate needs and areas eligible to be considered for a CRA designation as a result of many factors and conditions that support the need for redevelopment. Based on these findings it will further facilitate and direct a Community Redevelopment Plan that will address the unique needs of the targeted area. This plan will establish goals for redevelopment as well as identify projects within a long -term capital improvement program for a future CRA district. The pursuit of a CRA district within the City of Edgewater also supports objectives 3.1.1, 3.1.2, 3.1.3, & 3.1.4 of the Comprehensive Economic Development Strategy adopted by Resolution 2010 -R -13 on June 21, 2010. It also supports the findings within the Edgewater Vision Plan accepted by City Council on December 8, 2008. Once the City of Edgewater Community Redevelopment Area (CRA) Finding of Necessity is adopted, the following steps will need to occur in order to formally establish the City of Edgewater Community Redevelopment Area. D Seek delegation authority from Volusia County for creation of the Community Redevelopment Area and Tax Increment Finance (TIF) District. D Develop and adopt the Community Redevelopment Plan. The plan will further define the needs of the targeted area and include a specific program for encouraging redevelopment in the area. D Create a Redevelopment Trust Fund. This fund will enable the Community Redevelopment Agency to direct the increases in real property tax revenues back into the targeted area. STAFF RECOMMENDATION: Staff recommends that the City Council adopt Resolution 2011 -R -08. ACTION REQUESTED: Motion to adopt Resolution 2011 -R -08. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: racey Barlow Robin L. Matusick City ager Paralegal RESOLUTION NO. 2011-R-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA RELATING TO COMMUNITY REDEVELOPMENT PURSUANT TO CHAPTER 163, PART III, FLORIDA STATUTES (THE "COMMUNITY REDEVELOPMENT ACT "); SAID RESOLUTION BEING SUPPORTED BY DATA AND ANALYSIS; DEFINING THE EDGEWATER COMMUNITY REDEVELOPMENT AREA; FINDING THE EXISTENCE OF CONDITIONS IN THE EDGEWATER COMMUNITY REDEVELOPMENT AREA THAT WARRANT THE CREATION OF A COMMUNITY REDEVELOPMENT AREA AND AGENCY; MAKING A LEGISLATIVE FINDING THAT CONDITIONS IN THE EDGEWATER COMMUNITY REDEVELOPMENT AREA MEET THE CRITERIA DESCRIBED IN SECTION 163.340(7) OR (8), FLORIDA STATUTES ( "FINDING OF NECESSITY "); PROVIDING FOR FILING WITH THE CITY CLERK; PROVIDING FOR CONFLICTING PROVISIONS, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City of Edgewater, Florida has made the following determinations: WHEREAS, the Florida Legislature duly enacted Chapter 163, Part III, Florida Statutes (the "Community Redevelopment Act ") establishing the conditions and procedures for the establishment of community redevelopment areas and agencies; and finding that coastal and resort tourist areas or portion thereof which are deteriorating or economically distressed could be revitalized and redeveloped in a manner that will vastly improve the economic and social conditions of the community; and WHEREAS, the City of Edgewater commissioned Kimley -Horn and Associates, Inc. (hereinafter referred to as "Consultant ") to prepare an independent finding of necessity analysis of the proposed Edgewater Community Redevelopment Area (hereinafter referred to as "CRA "); and WHEREAS, the City of Edgewater reviewed the independent Edgewater CRA Finding of Necessity Report of January 2011 prepared by Consultant. Said report meets the CRA Finding of Necessity requirements of Florida Statutes, Section 163, Part III; and 2011 -R -08 1 WHEREAS, the City of Edgewater considered public input, the recommendation of the staff, and the standards and guidelines of Chapter 163, Part III; and WHEREAS, pursuant to Section 163.346, Florida Statutes, the City of Edgewater has provided public notice of its intent to consider adopting a resolution declaring a finding of necessity for creation of the Edgewater CRA at least fifteen (15) days before such proposed action by registered mailed notice to each taxing authority which levies ad valorem taxes on real property contained within the geographic boundaries of the proposed redevelopment area and in compliance with the notice requirements set forth in Section 166.041(3)(a), Florida Statutes; and WHEREAS, conditions are present which are detrimental to the sound growth of the Edgewater CRA and which substantially impair or arrest appropriate growth within the area, and present conditions and uses which are detrimental to the public health, safety, morals and public welfare; and WHEREAS, the Edgewater CRA Finding of Necessity Report of January 2011 confirmed that: conditions in the area meet the criteria described in Section 163.340(7) or (8), blighted areas exist within the Edgewater CRA, and the rehabilitation, conservation, or redevelopment of the Edgewater CRA is necessary in the interest of public health, safety, morals or welfare of the residents of Edgewater; and WHEREAS, the Edgewater CRA is a coastal and tourist area that is deteriorating and economically distressed due to outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout and inadequate street layout; and WHEREAS, the Edgewater CRA contains a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicated by the Finding of Necessity Report, are leading to economic distress; and WHEREAS, within the Edgewater CRA there is a predominance of defective or inadequate street layout, parking facilities, roadways, drainage facilities, or other public infrastructure; and 2011 -R -08 2 WHEREAS, aggregate assessed values of real property in the Edgewater CRA for ad valorem tax purposes have failed to show any appreciable increase and in fact for some properties such values have declined at rates significantly greater than that of the City of Edgewater and Volusia County as a whole; and WHEREAS, within the Edgewater CRA there exists faulty lot layout in relation to size, adequacy, accessibility, or usefulness; and WHEREAS, within the Edgewater CRA there exists unsafe or unsanitary conditions; and WHEREAS, within the Edgewater CRA there exists inadequate or outdated building density patterns; and WHEREAS, within the Edgewater CRA there exists a substantial commercial vacancy rate; and WHEREAS, the Edgewater CRA exhibits a diversity of ownership and unusual property configurations which prevent the free alienability of land; and WHEREAS, within the Edgewater CRA there exists a significant degree of nonconformities relative to parking, stormwater management, landscaping, architectural design and community standards; and WHEREAS, the Edgewater CRA can be revitalized or redeveloped in a manner that will vastly improve the economic and social conditions of the community; and WHEREAS, after considering the recommendation contained within the Edgewater CRA Finding of Necessity Report of January 2011 prepared by Consultant and after providing proper notice to all taxing authorities which levy ad valorem taxes on real property in the redevelopment area, and providing the public an opportunity to present testimony and evidence, the City Council, finds as a matter of fact that conditions exist which warrant the creation of a community redevelopment area. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: 2011 -R -08 3 Section 1. Recitals. The above recitals are true and correct, are hereby accepted as legislative findings of fact, and incorporated into this Resolution by this reference. Section 2. Approval. This Resolution is supported by data and analysis and the City Council makes a legislative finding of fact that the conditions in the Edgewater CRA meet the criteria described in Section 163.340(7) or (8), Florida Statutes. The City Council adopts the Edgewater CRA Finding of Necessity Report of January 2011 prepared by Consultant as the Finding of Necessity Report (which is attached hereto and incorporated herein as Exhibit "A ") and in accordance with Section 163.356, Florida Statutes finds that there is a need for a community redevelopment area for Edgewater. The geographic area of the Edgewater Community Redevelopment Area is designated as depicted on the map (which is attached hereto and incorporated herein as Exhibit "B "). Section 3. Recordation Required. This Resolution relating to the Edgewater CRA shall be recorded in the Minutes of this Board and filed with the Edgewater City Clerk's Office. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. This resolution shall take effect upon adoption. After Motion to approve by with Second by the vote on this resolution held on April 18, 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilwoman Mike Ignasiak Councilman Ted Cooper 2011 -R -08 4 PASSED AND DULY ADOPTED this 18th day of April, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 18th day of April, 2011 under Carolyn S. Ansay, Esquire Agenda Item No. 8 . City Attorney Doran, Sims,Wolfe, Ansay & Kundid 2011 -R -08 5 • 1 1 WG ATER urNoakot , misineor, s Vision: The City of Edgewater will be a safe, clean, accessible City of Edgewater, Florida and environmentally - friendly community with a Community Redevelopment Area small - town atmosphere. Finding of Necessity Report Edgewater will continue to be a waterfront - oriented January 2011 community that provides a Q 1 =)fir tt,t.,. , high quality of curl LAWANDALES life, with a strong sense of Kineettian cod Associates, lx pride in our civic amenities, PLANNING 111111111111M our community facilities, our URBAN RESOURCE GROUP AFFILIATES, INC. vibrant and distinctive . n +aR+a • r+xE.n�MOwoam 1W neighborhoods and our assocuaCES (hit 1 i�± -:: 0�F0, iii.,., 'ill. , bcr" dcr-nrg'lanciscaoe architecture•cuchitectwd desig, , City of Edgewater Community Redevelopment Area Finding of Necessity: EDGEWATER, FLORIDA COMMUNITY REDEVELOPMENT AREA FINDING OF NECESSITY REPORT OCTOBER 2010 Updated January 2011 Prepared for the City of Edgewater, Florida Consultant Team Kimley -Horn and Associates, Inc. Lawandales Planning Affiliates, Inc. Canin Associates, Inc. 2 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. .. City of Edgewater Community Redevelopment Area Finding of ' - INTRODUCTION Under agreement for continuing planning services with the City of Edgewater, the team of Kimley -Horn and Associates (KHA), Lawandales Planning Affiliates (LPA) and Canin and Associates, Inc. (Canin) was retained to conduct this Finding 1-k_otmonliL [')cv.:lortnriil of Necessity report in order to determine whether portions of •�tr,>ro;;i� I'LIII the City qualify under Chapter 163, Part III to be designated as . i a Community Redevelopment Area (CRA). The assessment of y qualifying areas for designation as a CRA fulfills objectives '�"'��� Z. contained within the May 2010 Economic Development Strategic Plan for the City of Edgewater, Florida prepared by the City in concert with the Volusia County Department of ` i EWGiiWAtf RI , Economic Development. twin , URBANOMICS The areas proposed for a CRA, the City's traditional commercial centers, have seen rising vacancy rates, and exhibit conditions supportive of redevelopment. The areas have not captured new residential and little to no new commercial w <' • ,- Figure l development. Commercial and Regional Location of industrial lands with available utilities Edge.ater. Florida ' ytona Beach remain underutilized. Some historic , structures exhibit decaying conditions. dgewater The City has a great opportunity to arrest the decline by creating a CRA ;`, and establishing a pro- active, strategic -::,. ' redevelopment and economic development program. This Finding of Necessity Report is the first step toward Titusville , establishing a CRA. Evidence of Afaq meeting the statutory requirements is ,_, , ,- .- e„_„ `_ ,_) .. "t',: w e _ __ outlined in the following sections. The Community Redevelopment Act of 1969 (the "Act ") was created and adopted as Chapter 163 Part III into the Florida Statutes as a local government tool to remedy areas that are found to contain certain degrees of declining and adverse conditions. The Act affirms that the prevention of slum and blight conditions is a matter of state policy and state concern. As relates to the City of Edgewater, the targeted redevelopment area contains many of the conditions that are cited as State concern and that are directly applicable to the Act. .. 3 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. 1 City of Edgewater Community Redevelopment Area Finding of Necessity = , The Act acknowledges the need for redevelopment and creates a mechanism by which a local government can administer change in a given area through the creation of a CRA. For this local analysis, the project approach included an independent assessment of conditions meeting the statutory requirements by the project consultant team. The results of this technical review considered quantifying and qualifying the area in terms of meeting one or both of the provisions of Chapter 163.340, Florida Statutes, Subsections (7) or (8). This report is intended to be consistent with the statutory requirements for establishing a community redevelopment area while considering the future implications for public and private entities. The following sections summarize the various conditions as they exist in the targeted redevelopment area and identifies many of the required indicators needed to qualify it for community redevelopment area designation. Statutory Background Local governments must establish that a given area is blighted, and that the revitalization and redevelopment of that area is in the interests of the community. Using the best available data, this Finding of Necessity Report establishes the existence of blighted conditions; identifies the specific problems that may be addressed through adoption of a Redevelopment Plan; and importantly, creates the findings of necessity for use by the City and County in designating the area and delegating authority for creation of the CRA. Figure 2 depicts the initial focus of the study area. FIGURE 2 FINDING OF NECESSITY REPORT INITIAL FOCUS AREA 5 1 4'x! -1 • 4 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. 1 1 City of Edgewater Community Redevelopment Area Finding of Necessity' The first phase of this effort included a technical analysis, examining conditions within the areas surrounding the City's Downtown Vision Plan, US 1 Corridor and Airport area that may hinder or support maintaining the quality of life and services needed for redevelopment. Building upon the Downtown Vision Plan, City planning for the waterfront parks and the desire to ''. . 1 implement the City's Economic ;' 4. t _- �� Development Strategic Plan, the � g,� ; . �„ . opportunity exists to strengthen 11G - t local values and reinforce f 4 community design standards and , e , : . 4 . the unique Edgewater identity. ,. `.. ,- t, ; The State of Florida recognizes the : _ '' � potentially negative impacts to - * it cities created by areas that may be '_ ti. * ° r inferior to community standards „ '_ ” and quantitative and value -based 4E1' ! �. " expectations. These areas tend to be unsustainable and ultimately may become a burden on the jurisdiction in which they exist. The Community Redevelopment Act was created and adopted through Chapter 163 Part III, Florida Statutes as a tool to assist in remedying areas to improve the general public welfare, local tax base, and for redevelopment of specific geographic areas. The Community Redevelopment Act declares that the rehabilitation, conservation, or redevelopment of deteriorated and distressed areas are necessary in the interest of public health, safety, morals, and welfare. In order to qualify for establishment under the provisions of the Community Redevelopment Act, a city must prepare a "finding of necessity" determining that the rehabilitation, conservation, or redevelopment of an area meets criteria broadly described as "slum" or "blighted" and is necessary in the interest of the health, safety, morals, or welfare of the residents of the community. These terms carry specific statutory references and qualifiers distinct from their common understanding and use. In addition, the statute specifically identifies that coastal and tourist areas that have inadequate transportation and parking facilities, faulty lot layout, inadequate street layout or inadequate and outdated building density patterns can benefit economically and socially from a formal redevelopment program. This report is intended to be consistent with the statutory requirements for establishing a Community Redevelopment Area pursuant to Chapter 163, Part III, Florida Statutes. Generally this proposed community redevelopment area appears to contain similar conditions — infrastructure deficiencies, development hardships, and stunted investment — as those found in other exiting community redevelopment areas within the State of Florida. 5 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. { . C of Edgewater Community Redevelopment Area Finding of Necessity The Community Redevelopment Act provides that certain areas that reflect conditions unsupportive of community standards may be determined locally to fall under two broad categories defined in the statute as meeting criteria that may lead to or support the continuation of "slum" and "blight ". It is important to understand that these terms have specific criteria that require a local analysis of conditions in order to determine whether a particular geographic area qualifies for the designation and benefits that come with creation of a community redevelopment area. While the Community Redevelopment Act acknowledges the need for t , , r ,, redevelopment in distressed areas, it also creates a mechanism by which `°ar t a local government can administer change in a given area — the creation ,4 a ; :ilk, of a formal Community Redevelopment Area Prior to its creation, the` `.,, p local government must adopt a resolution supported by appropriate data . . ., ` ,' • and analysis which allows for the legislative finding that the conditions ; # . in the area meet the criteria established by statute. The data and analysis ` is also required to find that the redevelopment of the area is necessary in the interest of the public health, safety, morals or welfare in order to eliminate, prevent, or remedy a shortage of housing affordable to residents of low or moderate income, including the elderly and to correct those deficiencies found to exist or be conducive to community deterioration. In general, "Blight" is a set of negative physical circumstances that makes an area a burden to the greater community. As a whole, these circumstances discourage the development and redevelopment of individual properties in the area and within the surrounding neighborhoods. Blight is rooted in a basic lack of investment and maintenance. The Community Redevelopment Act requires that the Finding of Necessity Report Area fit the definition of a "blighted area" if the City is to use the powers provided by the Act for redevelopment activities. ri Pedestrian ' a - `° _ Central Realm ipir , .;. : . Pedestrian „� `# * a ik _ Realm US 1 Detail Plan 1 6 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. 1 City of Edg "Blighted area," means either of the following as paraphrased from Section 163.340, Florida Statutes: 1. "Blighted area" means an area in which there are a substantial number of deteriorated, or deteriorating structures, in which conditions, as indicated by government- maintained statistics or other studies, are leading to economic distress or endanger life or property, and in which two or more of the following factors are present: (a) Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; (b) Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Inadequate and outdated building density patterns; (g) Falling lease rates per square foot of office, commercial, or industrial space compared to the remainder of the county or municipality; (h) Tax or special assessment delinquency exceeding the fair value of the land; (i) Residential and commercial vacancy rates higher in the area than in the remainder of the county or municipality; (j) Incidence of crime in the area higher than in the remainder of the county or municipality; (k) Fire and emergency medical service calls to the area proportionately higher than in the remainder of the county or municipality; (1) A greater number of violations of the Florida Building Code in the area than the number of violations recorded in the remainder of the county or municipality; (m) Diversity of ownership or defective or unusual conditions of title which prevent the free alienability of land within the deteriorated or hazardous area; or LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. e , City of Edgewater Community Redevelopment Area Finding of Necessity (n) Governmentally owned property with adverse environmental conditions caused by a public or private entity. 2. However, the term "blighted area" also means any area in which at least one of the factors identified in paragraphs (a) through (n) are present and all taxing authorities subject to s. 163.387(2)(a) agree, either by interlocal agreement or agreements with the agency or by resolution, that the area is blighted. Such agreement or resolution shall only determine that the area is blighted. For purposes of qualifying for the tax credits authorized in chapter 220, "blighted area" means an area as defined in this subsection. Of particular note for the City of Edgewater are specific statutory provisions finding that: "...coastal resort and tourist areas or portions thereof which are deteriorating and economically distressed due to building density patterns, inadequate transportation and parking facilities, faulty lot layout, or inadequate street layout, could, ... be revitalized and redeveloped in a manner that will vastly improve the economic and social conditions of the community. " [Chapter 163.335 (4)] The statutes further provide that a "community redevelopment area" is defined as: "a slum area, a blighted area, or an area in which there is a shortage of housing that is affordable to residents of low or moderate income, including the elderly, or a coastal and tourist area that is deteriorating and economically distressed due to outdated building density patterns, inadequate transportation and parking facilities, faulty lot layout or inadequate street layout, or a combination thereof which the governing body designates as appropriate for community redevelopment. For community redevelopment agencies created after July 1, 2006, a community redevelopment area may not consist of more than 80 percent of a municipality." The statutes provide that prior to exercising the benefits created by the community redevelopment authority, the City must adopt a resolution supported by data and analysis that establishes ability for the City Council to find that the conditions in the proposed CRA area meet these criteria. Specifically, the statute provides: 163.355 Finding of necessity by county or municipality. - -No county or municipality shall exercise the community redevelopment authority conferred by this part until after the governing body has adopted a resolution, supported by data and analysis, which makes a legislative finding that the conditions in the area meet the criteria described in s. 163.340 (7) or (8). The resolution must state that: (1) One or more slum or blighted areas, or one or more areas in which there is a shortage of housing affordable to residents of low or moderate income, including the elderly, exist in such county or municipality; and � g LAWAND PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Co tnunity Redevelopment Area Finding of N (2) The rehabilitation, conservation, or redevelopment, or a combination thereof of such area or areas, including, if appropriate, the development of housing which residents of low or moderate income, including the elderly, can afford, is necessary in the interest of the public health, safety, morals, or welfare of the residents of such county or municipality. Some examples of evidence and testimony to establish that an area may be designated for redevelopment include: 1. An assessment of extent of nonconforming uses and structures, such as setbacks, parking, design and density. 2. Traffic accident frequency data. 3. Inadequate public utilities to support allowable zoning or existing use. 4. Evidence of building or life safety code violations. 5. Number and percentage of code violations. 6. General infrastructure inadequacies: deterioration of sanitary and storm sewers; inadequate alleys; or deterioration of streets. 7. Economic deficiencies, such as commercial vacancy rates. 8. Wide diversity of land ownership in the area, making it relatively impossible to acquire adequate -sized parcels for development. Additional support for a finding of necessity may stem from lack of bike paths, pedestrian and bicycle accidents, circulation problems, and any other deficiency in the infrastructure of the community. After review of the initial proposed boundary area identified by the City, together with field observations and consideration of the Economic Development Strategic Plan and the City's Downtown Vision Plan, the project consultant team determined that additional adjoining areas south along the US1 corridor exhibited characteristics required by Florida Statutes for inclusion within a redevelopment area. These areas and review also provided ultimately for the exclusion of some of the vacant areas north of the existing airport area along West Park Avenue. The US 1 corridor clearly contains many of the same features, while the vacant areas north of the airport did not clearly exhibit the same degree of qualifying conditions as found in other areas of the proposed CRA. While these findings support the statutory requirements, the City can ultimately establish a CRA that includes only a portion of these lands in order to move forward with a phased implementation plan. LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Community Redevelopment Area Finding of Necessity • In addition, since Volusia County is a charter county under Florida Statutes, the City of Edgewater must receive delegation from Volusia County to exercise the authorities granted by Chapter 163, Part III, Florida Statutes. In particular, the statutes provide: 163.410 Exercise of powers in counties with home rule charters. In any county which has adopted a home rule charter, the powers conferred by this part shall be exercised exclusively by the governing body of such county. However, the governing body of any such county which has adopted a home rule charter may, in its discretion, by resolution delegate the exercise of the powers conferred upon the county by this part within the boundaries of a municipality to the governing body of such a municipality. Such a delegation to a municipality shall confer only such powers upon a municipality as shall be specifically enumerated in the delegating resolution. Any power not specifically delegated shall be reserved exclusively to the governing body of the county. This section does not affect any community redevelopment agency created by a municipality prior to the adoption of a county home rule charter. Unless otherwise provided by an existing ordinance, resolution, or interlocal agreement between any such county and a municipality, the governing body of the county that has adopted a home rule charter shall grant in whole or in part or deny any request from a municipality for a delegation of powers or a change in an existing delegation of powers within 120 days after the receipt of all required documentation, or such request shall be deemed granted unless this period is extended by mutual consent in writing by the municipality and county. Within 30 days after receipt of the request, the county shall notes the municipality by registered mail whether the request is complete or if additional information is required. Any request by the county for additional documentation shall specify the deficiencies in the submitted documentation, if any. The county shall notify the municipality by registered mail within 30 days after receiving the additional information whether such additional documentation is complete. If the meeting of the county commission at which the request for a delegation of powers or a change in an existing delegation of powers is unable to be held due to events beyond the control of the county, the request shall be acted upon at the next regularly scheduled meeting of the county commission without regard to the 120 -day limitation. If the county does not act upon the request at the next regularly scheduled meeting, the request shall be deemed granted. 10 LA WWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of E. , :' -r e - _. - w f - , '''''' ' ty Redevelopment Area Finding of Ne -- ` " r , Executive Conclusion This Finding of Necessity Report and independent analysis has considered the conditions and status of development within the area depicted below relative to compliance with the criteria established by Chapter 163, Part III, Florida Statutes for establishment of a community redevelopment area and has found that sufficient conditions exist for designation of all or a portion of the area depicted in Figure 3 below as a community redevelopment area. A summary of qualifying conditions within each of the component areas of the proposed CRA is presented in Figure 4. City of Edgewater and Volusia County consideration of an interlocal agreement delegating appropriate CRA authority from the County to the City and defining the conditions for tax increment funding will be required prior to establishment of the CRA. Figure 3: Edgewater Qualifying Community Redevelopment Area H � t "' w - c z m ". 3 c ✓ _ f . tye. r �iG + 4 '., "1 _ - i ts 5 ' ' ' / ' ' " * ' ' ;14% 4 \ ' .' ' ' 1 n ..r .. ,.r c ' 1 • y �f p w G t 4 .c ' ' ,r'1�ts ' ' , ma y, ` f - 1 It ) . .,. ,..„ - k4 t 'S t "" M -- s { 4 N. � + ,� �� a . v.t t .. \p '. ' 1 City of Edgewater Community Redev el(yment Agency _ Proposed CRA Boundary Can 11 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. v4 _ City of Edgewater Community Redevelopment Area Finding of Necessity Figure 4: Community Redevelopment Area and Qualifying Conditions Summary Qualifying Condition US 1 Historic Downtown Airport — West Park (Ridgewood) Area Avenue Area Corridor Diversity of Ownership — hinders redevelopment Deterioration of site conditions Property/Life Endangering Conditions Defective /Inadequate Street Conditions Defective /Inadequate Parking Defective /Inadequate Public Transportation Property Values Faulty Lot Layout Unsanitary or unsafe conditions Inadequate or outdated building patterns Defective /Inadequate Stormwater LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Community Redevelopment Area Finding of Necessity HISTORICAL SETTING According to the web -site http: / /www.volusia.com /edgewater /index.html: "Edgewater is a unique Intracoastal waterfront community, located alongside a diverse ecosystem, the Indian River Lagoon, known as the underwater rain forest. Edgewater's quiet, small town charm has earned the title of The F Hospitality City. Some of the 1 k most breath - taking estuaries ,# , , ". , " ' „ 4i I' } ' r µ ° . 1 and wild life in the country are ,t ` located here. This is home to `' ` , ' s r + , s # t' } 300 species of birds, 680 ti .; " }, species of fish, playing t x r dolphins, and the famous ' �;. , ; r r «+ , � manatee. Several small, _ :, • -_ �' d :. �','►`" ` 4. undeveloped islands separate 1.,* ; ',. ' `:: , ti the shoreline and river's ; "' a ` i channel from the accessible backwaters and the ' a ' #4,4 17 Ocean. To the north i Atlantic � . is the City " of New Smyrna Beach. South is unincorporated Volusia County and the small city of Oak Hill. To the west are pristine hardwood hammocks, rural, agricultural areas and Interstate 95. pE " � , F r '¢ s, Founded in 1871 as part of a Spanish land grant purchase, by, .� r " „ , Dr. John Milton Hawks. The first z name given the City was Hawks � Par With all travel done via Ilk.,0 ': ' " _ water in the early days, winter # ` visitors and sellers arrived '''' ' � 11}L116 _•_ steamboat, landing at a wharf . �. ' across from a lodge called Bayview * t R ', ` ` . -; House. What stands today as 7 4 ' ,1 -- * 44' ' . "1 , :, 4 , �� ��' Menard -May Park, on Riverside .*„. , - . Drive, is the four and one half -acre parcel that was given to the City as a historical site. According to the site, what is now known as Riverside Drive or the Strand, was an Indian Trail used by the Timucuan Indians. Some prehistoric midden, Indian shell and mound sites stand as testament to their habitat and are listed in the Archaeological State Register. 13 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Community Redevelopment Area Finding of Necessity Dr. Hawks planned for a Town Hall, library ' and cemetery on land he donated to the City. He is buried in what is now known as the . Edgewater Cemetery. The Town Hall and r library were built using funds donated by Dr. Esther Hawks, his wife.. A In 1924, the Florida State Legislature ��� .:. changed the name from Hawks Park to .r .': Edgewater. Through the years, many a - - ` '. .e ; improvements came: a general store, and a w crab meat factory; and a larger post office and hospital were built. It was the only hospital on the East Coast south of St. Augustine. Orange groves, apiaries, poultry yards, vegetable gardens and bee - keeping were prevalent. Tropical Honey and citrus were the basis for the early Edgewater economy. Honey Blossom Company and Loveland Groves shipped honey and fruit all over the United States. These companies still thrive today. The 1950's brought much change. A City Hall and Community Center were constructed. Edgewater incorporated as a municipality in 1951. Florida Shores contains 7,200 lots and was annexed into the City in 1957. Growing from 115 residents in 1884 to over 20,000 today, Edgewater is a year -round community. Edgewater has 146 acres of parkland, with a variety of uses ranging from Resource Based (picnicking, fitness trails swimming and fishing), Activity Based (tennis, football, racquetball, baseball, bicycling, etc.), and Passive Based (leisure activities and open space). The Riverwalk along scenic Riverside Drive has become a popular facility for walkers, bicyclists and nature lovers." 14 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Community Redevelopment Area Finding of Necessity Figure 5 Aerial Photo of Edgewater Area R k -'; ' V- '''' '.. t..,..., - NS,. 1 ' - \ \ ' , $ : , .. �'r' " ��..._ 111 ~ 6.r - i, v t City of Edgewater Community Redevelopment Agency _ Edgesvritfer(.it� t .mi 7 a. LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Contrtttnity Redevelopment Area Finding of Necessity FACT FINDING City Data general population and other demographics were collected and taken into account in the analysis. Of note, Edgewater's "profile" is that of a low density, predominately residential, low to middle income (per capita: $21,000) community with a very low tax rate and generally younger population, well educated, who travel. The key features are as follows: Total population: 21,415 (Urban population: 21,300, Rural population: 115 (all nonfarm) Population density: 2129 people per square mile (low). Population in July 2009: 21,225. Population change since 2000: +13.7% Houses: 8,267 (7,589 occupied: 6,320 owner occupied, 1,269 renter occupied) % of renters here: > 44 t 17% State: 30% Estimated median household income in 2008: $46,968 ($35,852 in 2000) Edgewater: -4 - $46,968 Florida: $47,778 Estimated per capita income in 2008: $20,905 Estimated median house or condo value in 2008: $184,097 ($76,900 in 2000) Edgewater: " $184,097 Florida: $218,700 Males: 10,182 (48.0 %) Females: 11,043 (52.0 %) Median resident age: - 42.2 years Florida median age: 38.7 years Median real estate property taxes paid for housing units in 2000: Edgewater: 1.3% ($1,029) Florida: 1.4% ($1,262) For population 25 years and over in Edgewater • High school or higher: 81.7% • Bachelor's degree or higher: 10.5% • Graduate or professional degree: 3.8% o Unemployed: 4.0% o Mean travel time to work: 25.5 minutes Source: httt : / /www. city - data.com /worklwork- Edgewater- Florida.html #ixzzOvU7VFRJO 16 LAWANDALES PLANNING AFFIUATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC fr City of E i7' •'°` r :r:) o i. ", i - - ; s r.f NP - es' - ' - r - Table 1 confirms that the majority of new houses constructed within the City of Edgewater over the past decade reflect construction values less than $200,000. Income is a key factor in economic development and creating feasible support for - x commercial ventures. The income levels, housing stock and '+� housing values are not conducive to attracting new commercial •- investment without additional tools. Table 1 Building Permit Data Single new house construction building permits: • 1996: 75 buildings, average cost: $90,400 • 1997: 78 buildings, average cost: $98,500 • 1998: 114 buildings, average cost: $89,800 • 1999: 175 buildings, average cost: $101,500 • 2000: 189 buildings, average cost: $101,900 • 2001: 281 buildings, average cost: $101,000 • 2002: 226 buildings, average cost: $100,200 • 2003: 285 buildings, average cost: $108,700 • 2004: 226 buildings, average cost: $126,400 • 2005: 301 buildings, average cost: $130,700 • 2006: 103 buildings, average cost: $120,500 • 2007: 26 buildings, average cost: $153,300 • 2008: 20 buildings, average cost: $125,500 • 2009: 10 buildings, average cost: $205,700 Source: http://www.city- data.com /city /Edgewater- F l orid a. htm l# i xzz0v U 3 K 9 w kN I7 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Community Redevelopment Area Finding of Nece city Community Redevelopment Area Qualifying Conditions: Deterioration of Site or Other Improvements Team members conducted windshield, d � walking, and other visual surveys to evaluate ' H ';', "!. � f 7 4 "," , - the existing conditions within the City and ' . 'r proposed redevelopment area A critical . v ,,, , t ; ..r determination for the proposed Edgewater `,: -;,, , ' � °� �, , i CRA is whether there are a substantial , , -',.� --=- number of deteriorated or deteriorating '. s .,` - ` ' �' t structures which are contributing to economic distress. In the case of Edgewater, the independent assessment ; by qualified planning and redevelopment specialists _ demonstrated that these qualifying conditions exist. '" Some of these conditions relate to improper or poor ': maintenance of improvements, structural yards and im -.,� Y p deterioration, or unrepaired storm damage. Sample illustrations of these conditions are evidenced by the .... - adjoining photographs and on the following pages. In all land use categories, there are substantial numbers of deteriorating structures and underutilized properties which are contributing to conditions that are not supportive of 11,. -. redevelopment and private investment within the City's Finding of Necessity Report Area. ° "x'°F MtlFfl/S _ '3.. Some of the structures also reflect conditions ! C `> g relating from prior right -of -way acquisitions and '3 ,,, -,,ar . if z' 4' impacts from US1 widening that have rendered . ,. some of the properties functionally obsolete. } ,- g 18 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. - a. s ., w r e ckrz. { Furthermore, the consultant teams' review of 437 pages of Code Enforcement cases document an increase in property deterioration, lack of . . < m ," maintenance, nuisances, and other physical ' ' decay as documented code compliance issues by ' the City among structures in Edgewater and --- particularly within the proposed CRA. Additionally, the information shows that a number of large, substantial properties along I '3 , ...AWING' Ridgewood Avenue within the Finding of •. �0 A-4' Necessity study area were cited. The number of .. - °--- cases has consistently increased over the last 3 —"' years. The data is available by request from the City and incorporated herein by reference due to its size. The following provides a representative sample of summary code enforcement cases within the proposed CRA area. C 618 N. Ridgewood Ave. 7450 -01 -00 -0110 (Old Winn Dixie) D 511 N. Ridgewood Ave. 7450 -01 -00 -0040 (Old Hospital) C 420 N. Ridgewood Ave. 7450 -11 -02 -0050 (Old House) D 346 N. Ridgewood Ave. 7450 -01 -01 -0010 (Palms Hotel) D 340 N. Ridgewood Ave. 7451 -01 -05 -0010 (Ship Restaurant) D 322 S. Ridgewood Ave. 7452 -09 -02 -0120 (Keil House) D 403 5. Ridgewood Ave. 7433 -05 -00 -0020 (Old Motel) D 411 S. Ridgewood Ave. 7433 -10 -00 -2170 (Old Motel) A- CODE 805 S. Ridgewood Ave. 7433 -12 -00 -0300 (Trailer Park) A- CODE 103 Louisa Dr. 7433 -09 -00 -0020 (Rental House) A- CODE 1092 S. Ridgewood Ave. 7433 -01 -00 -0320 (Trailers) C 1711 S. Ridgewood Ave. 8402 -28 -02 -0039 (House) A- C 2001 S. Ridgewood Ave. 8402 -37 -03 -0220 (No Name Saloon) A- C 2025 5. Ridgewood Ave. 8402 -37 -03 -0160 (Old House) Notes: A = still have; C = code / demo; D = demo / condemned; CODE = code enf Source: City of Edgewater, 2010 19 LAWANDALES PLANNING AFFIUATES, KIMLEY-HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Community Redevelopment Area Finding of Necessity Lack of compliance with City regulatory and community design standards can also contribute to the need for a focused community redevelopment emphasis. Development of implementation programs and public capital projects can act to stimulate private reinvestment in the local community, consistent with the recommendations from the City's 2010 Economic Development Strategic Plan. ,r{ ::', ' 4 ' Y.I f I II tee' °` 4, it ii„ 1 . . ....,,........_, ...,,,,,....,..... 2 0 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. i City of Edgewater Community Redevelopment Area Finding of Necessity Community Redevelopment Area Qualifying Conditions: Lack of New Development and Investment Activity Another of the factors qualifying the proposed CRA under the statutory criteria is the lack of a robust commercial investment in the City. These qualifying conditions include that no commercial building permits were issued in 2009. Table 2 summarizes the total permitting activity in the City for 2009 and the lack of commercial building permits and reinvestment within the core areas of the community. Table 2 Building Permits CITY OF EDOEWATER OulkOng 11109M1 PERMITS ! VALUE - �PI.AM GS. ! 4iFR QUPLElr 'T ■ IA1 , rnr 4010M, li►- BtIIC4 C. • '8 is fmad i fME$ FEES -- T -- q .... 60000.000001 GOMM. 1 RNSP' ammo .10.141.1W 123 0II5 . • .00 1 as 0 400.00 000 , f 1 •.• ■ 1 I t 1 . 'T ; I," I . 0.00 200.983 0 -- MM - 121 1 ■ 5 ... 00 10 1, .00 '' 0.O0 0 ;3 0.00 - ' " T ', 9.00 10734.10 • ,,. • • 0.00 0 • • ., :.00 3 148 810.42 � "�'] E.00 0.00 0 • • 000 ,-�. • x ' , NUM 01 • 30900 IIIIM 1 11.111.11111 MIN IIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIMIH 114 TOTAL 392 :11,31 • • 38 1.400.00 101 • 000 000 0.00111117.:11 0.00 0.00 77500 1 MAY = T 11111111111111111111N1 NIIIIIIII , 1111111111111=11111 NMI •11111111111111111111111 114 TOTAL 0 400 0.00 0I+ •, 0.00 0'• 040 0•• • 0 _ MIII JUL Y av � E 1 Tom. — 0 0.00 0x00 • , 0.00 0.00 0 • • 0 400 0,00 0. ■ 900 • 1;:••;.;--' -ice 114 TOTAL. 0 0.60+ 0.90 IIIIIIMIIIIIIM 0 • • o iv.) 0.04} 4.00 0.90 0.+70 1 . p OAO� • OTA,1. 392 $.911,3S2,CC 111111 : a 1400 040 0 o 0 • � OM 0 tit 77600` 21 ! LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Community Redevelopment Area Finding of Necessity Community Redevelopment Area Qualifying Conditions: Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation a 4. } facilities r ' The consultant team also identified that there is ate"`" predominance of defective or inadequate street lay- out from years of FDOT widening of US 1, leaving smaller and smaller parcels on which to make a - substantial investment The early platting of the City also leaves lots which are generally undersized or lack the desired lot widths or depths to accommodate today's parking, storm water, setbacks, and other regulations. The consulting team identified concerns with existing traffic circut, ... \ driveway locations, adequacy of parking, interconnectivity, site access, la ionand is A pedestrian and bicycle routes within the ,,,opr ,,- proposed redevelopment area The independent analysis confirms that _ = >$ _ existing street layout, parking facilities, circulation patterns, mobility, and access management conditions are inadequate or defective. These are contributing factors to meeting the statutory indicators necessary for designation as a community redevelopment area. I s I 4S 22 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. . i' t f T ¢ i - 0 , a: - r t ... -. -w„s sa, `. A _ -6 r . ,„ . " ..: S ,-t- , Public transportation facilities along the USl corridor generally reflect deteriorating conditions, poor NORTH physical placement, or lack of appropriate facilities. These conditions tend to undermine reinvestment and °` development alternatives since alternative , transportation modes can provide viable supporting - 1 "°"' conditions for economic development. Community - �' -. based affordable housing grants through the State and - - " the U.S. Department of Housing and Urban ' Development often contain criteria and standards that require that these public transportation facilities clearly support housing alternatives in order to qualify for a funding. The presence of these conditions serves as . $`' ; another qualifying condition for designation as a CRA under Florida Statutes. Examination of accident data reported by the Edgewater Police Department also serves to strongly support the community's perception that the USl corridor area is a high frequency area for transportation- related accidents. The concentration of accidents along the segments of Ridgewood/US1 clearly supports a finding that the statutory conditions exist for meeting the criteria for creation of a redevelopment area. Multiple and successive driveway , �, ;' connections contribute to these conditions and are reflective of an ` �'° historical development pattern and lot � �a. configuration that pre -dates the c'' '''' expansion of the right -of -way for = rs additional lanes and turning areas. I� --or - Consideration of design changes and ' � _ -- redevelopment patterns that can -- -- .. .F create safer streets and pedestrian and 0 ,w . other user crossings will be an 5 important consideration for the future , , r °" redevelopment planning of the * ,..,, corridor. z j LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. An additional concern identified through his analysis included the lack of inter - connectivity between w =° existing developed sites. These .._ conditions are well documented, , III particularly along the US 1 , . corridor, and are reflected in the !• historical design of the existing commercial shopping areas as ,� , • well as newer commercial e:-- redevelopment that has been • ''� ' „,..,, t hindered from achieving vehicle I interconnections due to existing adjoining lot placement, driveways and other physical features. The predominance of these design conditions in the proposed redevelopment area clearly meets the statutory requirement for demonstrating faulty lot layout in relation to size, adequacy, accessibility, or usefulness. The lack of a viable, comprehensive system of accessible sidewalks, bicycle facilities and dedicated multi -modal facilities, creates additional support for finding that the statutory criteria for creation of a redevelopment area are supported for the proposed Edgewater Community Redevelopment Area. As an example, there are several links of existing sidewalks that are sub- standard in respect to current design and accessibility standards. . WON 4 -- 41 I 1 414 0 - l' 0.' 24 LAWANDAI.ES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. The consultant team completed a review of the proposed redevelopment area and identified a significant incidence of drive- way connections along Ridgewood (US 1), West Park Avenue, and within the historic '4' downtown core that do not meet current _. driveway separation or intersection separation criteria of the City Land . Development Regulations and accepted state right -of -way design standards. Multiple driveway connections within limited distances may contribute to poor traffic circulation by creating potential vehicle and pedestrian or bicycle conflicts, poor sight triangle visibility or difficulty in achieving accessible routes. I f 1. tFy � 77 1 25 LAWANDALES PLANNING AFFIUATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. ,_ t:: City of Edgewater Community Redevelopment Area Finding of Necessity Still remaining are the uncontrolled access points, lack of parking, poor signage, poor or non- existent drainage, faulty street lay -out, no curb and gutter in many places, and other factors which are detrimental to private a,,, reinvestment and a successful , economic development environment. l Utility poles and overhead lines i � placement with on- ground mobility conflicts, a dated system of , signalization, nonconforming access ., points, vacant property, aged buildings, - N - _' moti=g - �" , and facades that do not meet current community standards, together detract ty S - from potential development of the US 1 --M- corridor and the proposed CRA. or : Few of the interior sites have a pedestrian connection to the ' ,, commercial areas. There is no formal pedestrian connection to City's amenities, downtown, the schools, or City Hall. One of the major benefits of a pedestrian system internal to the residential area is that it brings people out and contributes to a natural surveillance and improved local economic conditions Pedestrian accessibility provides alternatives to vehicular transportation as well. On both sides of the corridor, commercial lands front the roadway and to the rear are residential and mixed -use areas. Many of the commercial sites have parking lots which are less than adequate, particularly those older sites along the US 1 (Ridgewood) corridor. Windshield surveys revealed that parking lots were deficient in one or more of the following areas: 1. Improper location of parking stalls 2. Insufficient number of parking stalls 3. Insufficient or non - existing pavement �+ 4. Inadequate number of handicap parking .- 1 ' t '"1'- ' spaces as well as a deficiency in width and a lack of access aisles. — Lack of drainage and retention 6. If paved, it is cracked and requires resurfacing 7. Needs striping or re- striping 26 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Es: . 8. Insufficient/no curbing 9. Insufficient/no lighting 10. Insufficient/no landscaping On -site parking, and its related problem of access management, within the Finding of Necessity study area is an element that requires considerable attention. The lack of coordination among the sites from small lots and small individual developments contributes to the overwhelming problem of access management and numerous driveways and curb cuts. The parking conditions as described have contributed to the overall underutilization of the area. The lack of parking and general accessibility problems may have also contributed to the lack of success of many of the businesses on the corridor. Each of these conditions contributes to meeting the qualifying conditions for designation of the area as a CRA under Florida Statutes. 27 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of E r Community Redevelopment Area Qualifying Conditions: Faulty Lot layout Lot location, size, and the ability to support tf a# development are key determining factors when - - considering the likelihood of redevelopment. If lots.` ' are irregular in shape or size, it is difficult to meet, current building and zoning codes. Many of the i 0 4 # - ; properties within the targeted redevelopment area have irregular dimensions that create lot sizes and shapes that make compliance with current building, zoning and other land development regulations difficult. .,"' °" The targeted redevelopment area has very few parcels groupings that are under the same ownership. The majority of block ownership patterns reflect a high proportion of diverse owners, with few adjoining parcels or aggregated parcels under single ownership. In terms of reinvestment, the properties in the area may be difficult to consolidate to support a larger, cohesive redevelopment program. The ownership fragmentation pattern of both public and private lands can serve to stunt redevelopment activity in the area. Faulty lot layout in relation to size, adequacy, accessibility, or usefulness is clearly one of the significant criteria demonstrated in the proposed redevelopment area that are contributing factors in meeting the statutory requirements for designation as a redevelopment area. 28 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. ,, ity of Edgewater Community Redevelopment Area Finding of N . "" '. • In the Finding of Necessity Study area, Figure 5 gives an indication of the variety of lot sizes and configurations present in the City. The heart of the City was platted in the early 1900's. Those plats, while useful at that time, pose an archaic framework for today's land development and market needs. Without some regulatory modifications, public sector incentives and intervention through a redevelopment agency, the conditions will worsen. The lands have also been bi- sected by changes in the roadway system. S F N av T 1 j \ 4. \ \is 110111.10. - 41 .. s.i.,4. '" -,:t, ',- , . : , 1 ,.. .4. - • i t „,„ , + i . 1 Al -'/� G 'x t . . - lloc ♦ .. 9 ''"may = \ 4 0 '' '-'" 4 r / A0 *. , . " r -,f- . .: vflik \ vtor' . 0 . * 0 * - ' . -, Ilk ' soli 0 -- -3 I t " - 1 ' '- ..- ' • „..• ` r 4 t % ---14*- tsc , r yrs cm f IS ilinNim . ; ' ■ t's -;-• . :. ', ‘, % - , ' l s , -r-----i`i 4 \ ,* ' '-;.. . -- ' . - ' '-.. . %, W, ' . ." - i= - ..- ' , \ , , , . -hC NI S- IIIIIMM■1■1•11■1110111M If 29 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Community Redevelopment Area Finding of °< Community Redevelopment Area Qualifying Conditions: Inadequate or Outdated Building Patterns The area contains a mix of land uses: commercial, industrial, mobile homes, single family and multi - family residential. Most of the residentially used lands have been zoned for other uses, such as commercial, professional, or office for many years, and a few conversions have occurred along US 1. One problem with the current system of lots is the number of county, City, institutional, and other lands that are off the tax rolls in this area. Florida Statutes recognize that inadequate or outdated building patterns affect development patterns and often impair the sound economic growth of a given area. The Finding of Necessity Study area was platted in the late 1800's and early 1900's. While this has not affected the residential uses as much, the area is affected by a lack of parking and stormwater, small buildable areas, insufficient land to expand, incompatible adjacent uses, and problematic access due to archaic rights -of -ways, canal systems, and dirt roads. Residences still occupy commercially zoned lands, creating non - conformities. Changing the land development I regulations will be needed to address these issues, creating a new plan and zoning and design system in the area will aid in attracting new development. i01 US 1 has served as the historical ,. „,,$0�� - downtown commercial center. . 4 * The nature of retail and business along this corridor has changed dramatically. Small -scale sites are sometimes at a i disadvantage. Today, the - - J - --- original platted lots have te r . ii..' ..” 1. a ry insufficient area to meet Nat , 11.11.111111 standard development r'" -� _ requirements desired for today's commerce, so through a ,$ redevelopment district special considerations can be given for waivers and changes to the strict requirements of the code, without sacrificing value and still demanding high quality development. In the residential areas, many of the structures appear to be are substandard and reflect conditions inconsistent with current zoning. This area is devoid of sidewalks and good drainage. Many code violations exist in this area. Some of the houses are small historic bungalows that if cared for, could revitalize the area into a quaint neighborhood. City or CRA investments of infrastructure, sidewalks, landscaping, stormwater management, paving, and the like, could re- energize this area. 1 30 1 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. t „ .. _ '..:....._,.___.a.s_ u+. ...'!- ate»- Y-Y.>. ge a er` o -na r l _ - ; Five b en ` *, rea . rn..,`_ a ' 1 eces3 i y - r , : Faulty lot sizes, shapes, location, and problematic title situations offer little if any value to a community. Lots and buildings may be left vacant, leaving them subject to physical deterioration. These conditions contribute to visual and physical blight. This may hamper new investment opportunities and may contribute to further deterioration area. Yj� :;:kit, 5* v, .. $ts N-, yrr ;. Old platted lands, dating from the early part of the City's development, remain in place, providing a parcel system that fosters outdated building patterns, inappropriate accessibility, contributes to poor drainage, and negates development of a sufficient size and type to produce overall community benefits. *114fit4iur : N...--row..... ' .► ; - .:.... II a LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. 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"' 10 — 14114f .... i clO,' -" , " - 2 1 - all - /' ` 'emu —aElit Vs- •q� IIa .' ;, ♦e /" " • City of Edgewater . i 1 , e. , , : , 1j ,, /_.-- Future Land Use Map ,+` .�+•' ' y �. -'�- -, ,, � - - N city Limits ( c - , - i M .� n � 1� $ E i— riculture + S: om S r� t ' a' --- .. �/ • n x y $ �5++' s -�� 6 Recreatio 6 Conservation �� ., C �f �` Mi , r Public/Semi- Public s sw s^ � }�. 5 � - � t - ` ` l^' R High Density Residential -' � $S+ EL*,• "� ,%s s � 4 t ' t � ( \.�! \�(� /f �, e+�W',. a ♦ M!' tLa •9¢�. ' , x '§ ice♦ Medium Density Residential ' t ♦♦ r v 4 , s + `i l ` p t Z �� Low Density Residential 1 }� „ 4 � " ♦ ♦ e* �r s ` y . 't - ° „r ' } ♦ ' +e. -. o_ Low Density Transition — : � 'es '1i° 6$o ° ; � ♦` . l ' �e� ` � 1 e �' ss G ds ♦+'�. ". s *ti "� �, c '�� y� � ' � ; � r \ \\ r I Mixed Use ,.... 4113VSlitt . t Vi ♦ �' It 4 t ` - -1--, atm Industrial , �► 't �� • Ste` Commercial ��'� � r � �F S = � 4t ' . =� � . 1,4•.. Conservation Overlay { �. �� `� - \ , woe Feet x - 3. ��''!s LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. ........, -a ,..., ,. ... .., ... -` pelt 96't:4 ..,- �, : ':'F�, . �" � -- p .•sp rye :`CJ; .' .,- :�' ` i '. :.<`, .. p' _'ri` ... Through a redevelopment program, the City can sponsor improvements and aid the market in support of economic development and community revitalization. This could include: creating incentives and grant/loan programs for existing business retention and recruitment; starting a business development assistance program; allowing for small lot developments to spur quality and value, implementing certain architectural /site design features; providing incentives for lot assembly; and identifying waivers of some regulatory requirements that inhibit new quality business or residential development. Community Redevelopment Area Qualifying Conditions: Unsanitary or Unsafe Conditions Deterioration of site or other improvements is prime indicator of conditions supporting the need for a CRA. When owners are absentee or fail for whatever the reason to either take care of their property or cannot afford to take care of property, site decay rises. This also may lead to unsafe or unsanitary conditions. During the windshield survey, it was determined that a substantial number of buildings were substandard, with many reaching toward a state of dilapidation and clear underutilization. With over 890 working cases, many for property maintenance, the table below documents property conditions contributing to the qualifying conditions for creation of a CRA. Table 3 Code Cases Spring 2010 Number of Code Jan- Open Cases Number of Number of Number of Contacts Total Number of r � from New Cases Notice of Cases Cases not lr 18r 010 Working Citations Previous this Month Violations Presented Resolved Requiring a Code Stats Month's) Cases Issued Issued to Board this Month Case Number Robin,Bell 177 151 328 64 10 11 _ 155 72 — DeSue, Angela 137 130 266 18 4 5 151 86 McGrath, Mike 137 159 296 62 22 19 123 59 Totals 451 440 890 144 36 35 429 217 According to the City's records, almost 300 properties have been liened as a result of code „ y ; enforcement action between 2007 and 2010. " ` Those records show that a majority are a residential properties, many of which are �f either included within or surrounding the Finding of Necessity study area. Regardless, the condition of the residential neighborhoods a major factor in business location -if the residential areas are in decay or declining, „ ""'°°"°' "" commercial investment will not occur. LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. Other conditions noted in support of designation of the redevelopment area include sanitary conditions, in particular siting and placement of refuse collection consistent with City of Edgewater design standards was noted as lacking in a majority of existing facilities and sites. Examples include placement of additional dumpster facilities ;7vi . within designated parking or landscape areas, placement of dumpsters that block potential emergency access routes, and damaged or deteriorating enclosures. It is clear from existing conditions that access for sanitation removal has not been consistently considered to ensure placement of collection areas is compatible with access and neighboring property owner uses. s , Community Redevelopment Area Qualifying Conditions: Vacancy and Lease Rates US 1 is the major arterial roadway running north and south through Edgewater. A roadway that once brought pioneers, tourists, and settlers, has consistently been widened leaving remaining lands incapable of supporting quality, new development. The property data shows 554 commercial parcels with 467 or 30% located on Ridgewood (US 1). Of those on Ridgewood, 151 are less than 1 acre; 28 are between 1 and 2 acres; and 12 are less than 12 acres. The property appraiser data did not contain acreage information for 277 parcels. Several of those are publicly owned, large mobile home parks, or vacant. 252 parcels have no building value, meaning they are vacant or the structures have deteriorated to such a condition as to have no value. Many of the land uses that once thrived with the traveling public have given way to uses that can be seen as underutilizing existing sites. Some businesses have relocated, and buildings remain empty. The gridded street pattern in the center of the City lends itself well for r-" redevelopment and improved parking and = ;� access. On- street parking is available on r' the side streets; however, parking ` -• 1 " 4 "" conditions may be a deterrent to future Igo — development until parcels are acquired, and the public or private sector provides - off-site centralized parking facilities. LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND C . _.n 35 S, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Community Redevelopment Area Finding of Necessity Community Redevelopment Area Qualifying Conditions: Aggregate assessed values of real property in the area for ad valorem tax purposes have failed to show any appreciable increase over the 5 years prior to the finding of such conditions; Property value is another clear -- indicator of conditions that can qualify an area under Florida Statutes as a redevelopment area. At this point in time, positive �� - " s, , . .. ` intervention is needed to mitigate - > . further de of the area Presently, A,... according to the Volusia County R _ - `a Property Appraiser's data, land 4 l( ter. values are exceeding building "� (improvement) values throughout much of the proposed redevelopment area. Under typical investment and redevelopment environments, building /improvement values tend to be a multiplier of land cost and values in order to support an active economic development environment. Within the proposed redevelopment area, however, the trend shows that the building values are either decreasing or not increasing at rates similar to other areas of the City. Only $4M separates the land from the building values. As the land values increase and the buildings values decrease, the opportunities and need for redevelopment strengthen. With building values not increasing, further decay may occur. Without City intervention through redevelopment, rehabilitation and restoration, the area is likely to continue to decline. 8� y N1 S p � M Hs ra vig'" Opt t1' GROOMING _,_4 f 36 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES INC. AND CANIN ASSOCIATES, INC. 1 City of Edgewater Community Redevelopment Area Finding of Necessity Table 4 below demonstrates that land values are higher than building values for 551 commercial properties. This demonstrates the deterioration and devaluation of the aging buildings versus the land value. Fifty five percent of the total value is that just of the land. Table 4 Commercial Values Building Years Built TOT_JUST_LAND TOT_BLDG_DEPR TOT_MISC_IMPR TOT_JUST TOT_ASSD TOT_EXEMPT TOT_TAXABLE 1980's 374 $ 29,584,368.00 $ 25,488,726.00 $ 2,314,047.00 $ 59,357,588.00 $ 58,677,962.00 $ 6,994,872.00 $ 51,786,182.00 1990's 59 $ 742,720.00 $ 1,225,352.00 $ 76,489.00 $ 2,083,339.00 $ 2,083,339.00 $ 2,056,615.00 2000's 116 $ 1,242,903.00 $ 826,100.00 $ 97,277.00 $ 4,002,615.00 $ 4,002,615.00 $ 3,425,287.00 $ 31,569,991.00 $ 27,540,178.00 $ 2,487,813.00 $ 65,443,542.00 $ 64,763,916.00 $ 6,994,872.00 $ 57,268,084.00 Similarly, industrial lands contain 424 total parcels, of which 209 of those are vacant. 187 of the total were built during 2000's; 78 during the 1990's; and 162 during the 1980's. The values for the vacant lands are $8.7 million, while the value for the land containing buildings is $12 million. '[ htt, '- - INS LAWAN DALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. r y o • gewa er ammum y • e •eve apm • n , rea i • mg a ! ecessr Community Redevelopment Area Qualifying Conditions: Defective or Inadequate Infrastructure Contributing to Unsafe or Unsanitary Conditions A substantial portion of the proposed redevelopment area exhibits poor drainage conditions as a result of historic construction techniques and lack of sufficient stormwater management facilities and conveyances. Many of the existing developed sites pre -date current state, regional and local I environmental and stormwater 1 IF- i II management codes and standards. t }��� �It Redevelopment of these sites will " 3 , 1 �1 k '. , 'a -.e _. likely trigger some level of " " ' "" " "- . ,_ compliance with new stormwater ; treatment standards. Redevelopment i ---- along the US1 corridor, in the historic downtown and in the areas surrounding the airport can benefit from a master stormwater management plan and system that can significantly aide in supporting new construction and rendering parcels more easily developable. Recent and proposed statewide stormwater management regulatory changes are likely to make this redevelopment constraint more critical in the future. : 4 The results of the independent analysis of the , iyre. ,*i ' . „ 1,, existing stormwater management conditions ' t ,; confirm that it contributes to the area's t ` r9 may.. conditions to such a degree as to demonstrate � \ , ,i,-0+ 5 that the following statutory criteria for ' u `� _ " � creation of a redevelopment area are met: a ' • The existence of conditions that endanger life or property by fire or other causes; • Predominance of defective or inadequate street layout, parking facilities, roadways, bridges, or public transportation facilities; • Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; • Unsanitary or unsafe conditions; • Inadequate provision for ventilation, light, air sanitation, or open spaces; • Deterioration of site or other improvements. '3' 8 I LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CA N ASSOCIATES, INC. i City of Edgewater Community Redevelopment Area Finding of Necessity In particular, physical conditions were noted on private property and in public rights -of -way along significant lengths of Ridgewood (US 1), East and West Park Avenue, the intersection of West ,, 4a, , - Indian Boulevard, Lamont Street and in the historic s". "c�,, , areas along Riverside Drive where many of the �'�K ', „, ' . , ,A, existing stormwater management facilities are not '` �' '`Y i under proper maintenance and exhibit conditions ,; All`s` # , �, that contribute to on- street and adjoining property :- ,, ”; '.4 ,:;: ponding or flooding. Examples include standing e'. , `�" ,,, a , ' p - N, ,- -. . water, damaged inlet structures, clogged piping and : a \%'" , = " , inappropriate use of facilities (parking, storage, '' ,, � - ` 3 " �� ' ' etc.). Establishment of the community k ?' ° , , .'' ,,, : ,- redevelopment area and evaluation of an area -wide, fi'1 k 71,„ R r:'::: : , � - r .. t comprehensive stormwater management strategy i, � � ,, s o- , . -, < '� ; are appropriate efforts in support of economic , . > , . ;; t ► F ; z ' ' 0 , LL :;`,, revitalization of the proposed redevelopment area. Community Redevelopment Area Qualifying Conditions: Law Enforcement and Crime Statistics Another contributing factor qualifying the proposed area as a CRA is the influence from the amount of crime, particularly the recent increase to the index of total crime and crime rate. This factor alone makes the area a prime candidate for creating a Community Redevelopment Area. Crime incidents have continued to increase over time, particularly auto accidents, criminal traffic, and disturbances. The reason that crime is a critical factor is that police service demands for the area burden the City's ability to provide adequate services elsewhere. It also burdens the taxpayer by causing increases in taxes to provide proper coverage and protection. As the need for police protection increases, a larger percentage of tax revenues are used to provide additional services and takes away from other services that an area could receive. High crime rates can discourage investment and a vicious cycle starts: real /perceived lack of safety for personal and tangible property; new investment decreases; property values decline; tax revenues decline; no one invests; crime increases; and it continues. 3 a . L AWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC City of Edgewater Community Redevelopment Area Finding of Necessity Community Redevelopment Area Qualifying Conditions: Gross Rents and Home values relative to other areas of the county The Edgewater population has an average age of 42, which is relatively young. However, out of 8000 Median Gross Rent, 2000 households, almost 3000 are owned by those over age 65. This can have an Place Median Rent ($) Rank by Median Rent effect on the future attrition of these units unless a CRA is created to help Ponce Inlet 1125 1 provide incentives, improve external Daytona Beach Shores 822 2 conditions, attract new residents through various eligible programs, and Ormond Beach 709 3 increase the overall density of Deltona 708 4 population within the CRA. The tables below provide a comparison, showing Port Orange 682 5 where Edgewater ranks among Volusia DeBary 621 6 and its cities. Edgewater 611 7 Elderly Households New Smyrna Beach 606 8 • 2889 households in Edgewater Volusia County 597 9 (31.8 %) are headed by a person age 65 Lake Helen 595 10 or older in 2008. In comparison, 27.5% of households statewide are headed by South Daytona 590 11 elderly persons. Holly Hill 586 12 • 2727 of elderly households in DeLand 557 13 Edgewater (94.4 %) own their homes. Daytona Beach 530 14 Orange City 495 15 • 672 elderly households (23 %) pay more than 30% of income for rent or Oak Hill 439 16 mortgage costs. Pierson 421 17 {.I LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. �l ty Of E • • f'e �' ' t .p, . is Average Single Family Home Just Value, 2009 Place Average Single Family Home Value ($), 2009 Rank by Average Value Daytona Beach Shores 361193 1 Ponce Inlet 344855 2 New Smyrna Beach 213642 3 Ormond Beach 203076 4 Unincorporated Area 164517 5 DeBary 155061 6 Port Orange 150756 7 Volusia County 145272 8 South Daytona 132775 9 DeLand 129674 10 Daytona Beach 121117 11 Lake Helen 118163 12 Edgewater 116805 13 Oak Hill 115593 14 Orange City 109150 15 Deltona 103245 16 Pierson 99638 17 Holly Hill 94690 18 Flagler Beach 0 19 Notes: [1] Does not include all units.Excludes mobile homes in mobile home parks. -100 means less than 25 observations * -200 means less than 2/3 of observations have valid year built entries * -300 means less than 2/3 of observations have valid square footage entries * -400 means no obsenstions Sources: County property appraiser tax rolls compiled by Shimberg CenteF Florida Housing Data Clearinghouse. t t LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. 4•.r� i i ." %_ i i P ,_ .v ,`::,�. ..�n_'.: .z+ �. -i li SUMMARY ""`" ,A r 7 The US 1 area has had little investment over the last few years. _ 4*?''° #i-.. The building condition and appearance on this corridor, the number of code enforcement problems, crime and other factors Illi _ '.i,"�' have deterred investors. This clearly indicates an area of disinvestment and economic disadvantage. While some of the +' '; buildings are in sound condition, many of the buildings and �`'2 . sites are underutilized and discourage reinvestment in the I•_a '� 4. a community. This analysis demonstrates that a variety of . - ..l . features from broken storm -water drainage systems, outmoded '� , k r solid waste handling, lack of maintenance, disconnected -*- l k ° ' properties, and general lack of maintenance contribute to _t" qualifying the proposed CRA under Florida Statutes. The ., 4 A, majority of the area is designated for commercial land uses, but - 14 ,, the parcels are of a size or contain problems that are a deterrent to improvement and investment. Lack of stormwater, poor r � � F road conditions, and very poor drainage also serve to suppress property values, keep investment options limited, and serve as „,, limiting factors for economic development in the area. m - :‘. ,ftit., Edgewater's major corridors may continue to deteriorate „(� without intervention through a community redevelopment # � 1 4t agency. Private sector assemblage of lands to re- orient the •i f • -.; : ", f buildings, control the numerous access points, and re- invest in the area with a mix of uses that will support economic vitality r{ 11 can be crucial to the future of the City and the quality of life for .4• its residents. Redevelopment Opportunities ~ " ` t " } Part II of this study will be to explore redevelopment air 4. opportunities and create a Redevelopment Plan for the �� Edgewater Community Redevelopment Area. While Edgewater has attracted quality, valuable single family homes Nr* and new residential subdivisions within other areas of the City, little development has occurred in the identified redevelopment .- 4.4 ' ' - area. _ 42 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. I City of Edgewater Community Redevelopment Area Finding of Necessity The targeted area is ripe for carefully planned, quality development and redevelopment due to several key factors: 1. Lack of new, raw land for development nearby or in such a good location, within the City's urban core area. 2. Increased demand to use and convert existing land uses to meet market trends and population demands. 3. Rising or disproportionate land costs, often exceeding building values. 4. Aging infrastructure inadequate to support current regulatory requirements and business needs. 5. Aging structures that contribute to underutilized sites. 6. The location of the extraordinary natural resources, parks and recreation areas, new industrial park, historic structures, good arterial roadway network, and the Indian River Lagoon. While there are many indicators in the area that reflect qualifying conditions for designation of the area as a CRA, there are also several assets: 1. The existing infrastructure base of water, roadway, sewer capacity 2. The proximity to 1 -95 3. The proximity to the Indian River Lagoon 4. The proximity to and location of historic resources and areas 5. The amount of land that can be assembled to achieve new development opportunity 6. The presence of the local airport and industrial lands 7. A solid internal roadway network that can be improved 8. A willing leadership committed to tackling the challenge and hard issues like redevelopment 9. A recent commitment to a Downtown Vision Plan and Economic Development Strategic Plan. 43 1 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. Preliminary Plan Recommendations The following represents initial observations and recommendations for prospective actions and projects. This list should be expanded as the community undertakes the development of the Community redevelopment Plan: 1. Amend the land development codes to promote mixed -use developments within the proposed CRA. 2. Focus /target efforts at creating a City Center at Park and US 1, down to Riverside Drive: a. This could include shops, restaurants, entertainment, eco- tourism centers, promotions, fishing, historic tours, using rails -to- trails etc. b. Establishing community policing paid for through tax increment financing c. Identify and consider incentives for development bonuses to capture market demands, eco- tourism opportunities, and aggregate parcels in the City Center area and on portions of US 1, particularly if eco- tourism, public access to the natural resource and natural landscapes are enhanced or included. d. Apply architectural and site design guidelines to promote a style or quality of new construction that would maintain the desired theme and scale of development in the City. 7 -, . c4,,, ' _ g„ .„ ,, , . , m ...... , , ,..,.., .,,., .. ,„,, , , . ..,, . A li I' 1 Y i i a $' * �\ j' _Ilk Y t ..,.s.w § m..,Y r' M .. 1 � t , ` ; t o R-` n „, A ' _:-.; g E ' i 3. Create a system of strategic, planned improvements of publicly owned lands and right -of- ways to maximize their usefulness for the residents of the City and surrounding community. These would be superb amenities and attractors to bring people to the area to support existing and new businesses. Using the lands that are off the tax rolls as "people generators" provides remuneration from the loss of tax revenue through sales taxes, fair -share contributions through leases, user fees, and /or rentals. W LAANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. 1 4. Provide protections for historic structures and historic neighborhoods where there are opportunities for market forces to improve and upgrade existing structures or features. Allow for smaller lots where neighborhoods can be preserved and rehabilitated. 5. Identify incentives to homeowners to improve residential facilities. 6. Amend the zoning maps to remove inconsistencies and conform to logical property boundaries and work with property owners to eliminate non - conforming uses. 7. Target and strengthen code enforcement efforts to handle initial "clean -up" of the areas. 8. Use Facade Grants /Loans to improve buildings, when funds are available. 9. Create a business development program to aid, expand or retain existing businesses and promote new business opportunities; consider a small business administration loan program to aid small business start -ups from the community. 10. Create incentives for business location and retention. 11. Identify areas for infrastructure and beautification improvements, including water /wastewater, drainage, parking, traffic lights, sidewalks, landscaping, and new signage. 12. Improve industrial and heavy commercial opportunities, where compatible with nearby residential (phasing out incompatible uses). 13. Create a system of waivers for parking, setbacks, or other elements, where owners can make site and building improvements that can upgrade existing properties and retain business. 14. Identify and support potential private project catalyst sites. 15. Prepare a phased streetscape program. 16. Use the gateways into the City to solidify and confirm Edgewater's image /theme. 17. Identify new parking areas, access management controls for existing locations, and other transportation solutions. 18. Expand opportunities for special events. 19. Vacant lands could become new housing opportunities or new mixed -use projects. 20. Reconnecting and re- invigorating the corridor with the residential, commercial, mixed -use, and entertainment, uses would create an unbreakable connection between all land uses and populations. 4 :) LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. • City of Edgewater Community Redevelopment Area Finding of Necessity „.::,,,.°::-,-',._' :I. , .,,:„..,.„, _.„._ 21. New housing opportunities could reach a diverse clientele. 22. Recreating commercial opportunities downtown and BSA would bring new life, economic development, and help the restore the two aging corridors. Conclusions and Recommendations The preceding analysis has demonstrated that the statutory requirements for establishing a Community Redevelopment Area have been met for the proposed Edgewater CRA. This study examined the qualifying conditions evident in the proposed redevelopment area, and clearly the need is established for adopting these findings of necessity and creating a strategic plan to capture a vision, address opportunities for public and private reinvestment, redevelopment and overall revitalization. The recommended boundaries for the proposed CRA are based on an evaluation of vacant lands, the mix of land use /zoning opportunities, infrastructure conditions, proximity to major roadways and other deteriorating conditions and natural features. The City and community recognize that sound infrastructure investments, access management, appropriate development codes and incentives for private investment, actions which stem from creating a CRA and adopting a Redevelopment Plan, will contribute to arresting blighting influences in this area. A Community Redevelopment Program provides opportunities for the community to design a new future for the targeted CRA and create opportunities for public and private investment, consistent with a consensus driven Redevelopment Plan. A Redevelopment Plan can provide some physical solutions to the crime problem as well. Use of Crime Prevention Through Environmental Design (CPTED) standards, new codes, programs or solutions that provide natural surveillance, crime watch programs, new lighting, expansion of community policing, re- use of existing buildings, demolition of dilapidated structures, new street patterns /designs, and other measures can have a positive impact on supporting economic development. By encouraging new public and private investment and other physical and social improvements, property values may increase and the overall community quality of life can improve. 46 I LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. t yr.. d , City of Edgewater Community Redevelopment Area Finding of Necessity Tax Increment Financing Tax increment financing (TIF) provides most of the funding for the FLORIDA DEPARTMENT OF CRA. This special funding tool provides all increases in taxes within the 1 I CRA beyond the year the CRA was established into a redevelopment ok fund. The year the CRA was established is the "base year." Any increases in taxes beyond the base year are provided to the redevelopment fund. Therefore, as the property taxes increase due to redevelopment projects, the redevelopment also increases. Tax 0 It s E.. increment financing is not an additional tax to the property owner. r+ Since all the monies used in financing CRA activities are locally Community generated, CRA's are not overseen by the state, but redevelopment plans Affairs must be consistent with local government comprehensive plans and funds derived from within the CRA must be used to benefit the targeted redevelopment area. It is important to note that property tax revenue collected by the School Board and any special district are not affected under the tax increment financing process. Funds are deposited to a CRA trust fund by the taxing entities (city and county), after monies are received from the tax collector. The tax increment revenues can be used immediately as they are received to undertake planning studies or capital projects or other programs that serve the CRA. In addition, these funds can be saved for a particular project, or can be bonded to maximize the funds available. All funds received from a tax increment financing area must be used for specific redevelopment purposes within the targeted area, and not for general government purposes. Funds deposited in the redevelopment trust fund may be expended only within the boundary of the redevelopment area and as described in the approved redevelopment plan. These requirements are articulated in Section 163.387(6), Fla. Stat., as follows: (a) Administrative and overhead expenses necessary or incidental to the implementation of a community redevelopment plan adopted by the agency. (b) Expenses of redevelopment planning, surveys, and financial analysis, including the reimbursement of the governing body or the community redevelopment agency for such expenses incurred before the redevelopment plan was approved and adopted. (c) The acquisition of real property in the redevelopment area. (d) The clearance and preparation of any redevelopment area for redevelopment and relocation of site occupants as provided in s. 163.370. 47 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Community Redevelopment Area Finding of Necessit (e) The repayment of principal and interest or any redemption premium for loans, advances, bonds, bond anticipation notes, and any other form of indebtedness. (f) All expenses incidental to or connected with the issuance, sale, redemption, retirement, or purchase of agency bonds, bond anticipation notes, or other form of indebtedness, including funding of any reserve, redemption, or other fund or account provided for in the ordinance or resolution authorizing such bonds, notes, or other form of indebtedness. (g) The development of affordable housing within the area. (h) The development of community policing innovations. Community Redevelopment Agency The activities and programs offered within a Community Redevelopment Area are administered by the Community Redevelopment Agency that is locally established when the CRA is designated. Typically a five- to seven - member CRA "Board" created by the local government directs the agency or serves as an advisory board to the elected officials serving as the CRA Board. The CRA Board can be comprised of local government officials and /or other individuals appointed by the city. The Edgewater City Council will need to determine the composition of the CRA Board and whether the City Council will serve as the CRA Board. Should the City Council elect to serve as the CRA Board, the City will need to develop specific policies and procedures to ensure that the CRA Board functions are appropriately and independently undertaken from the customary City Council responsibilities. Examples include special meeting notices, separate minutes of the CRA Board, and separate tracking of CRA expenditures and activities. Existing city staff may be assigned responsibilities to coordinate CRA actions as the program develops. The CRA has certain powers that the city or county by itself may not do, such as establish tax increment financing, and leverage local public funds with private dollars to make redevelopment happen. The CRA term is limited to 30 years, 40 years if extended. After that time, all revenues (presumably much increased from the start of the CRA) are retained by each taxing entity that contributed to the CRA trust fund. � 4 1..AWANDALES PLANNING AFFILIATES, KIMLEY RN - HO AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC NC. 48 4 ik t _ City of ! E / _! # T ! f -i ! `- ''' Community Redevelopment Plan The Community Redevelopment Agency is responsible for developing and implementing the I Community Redevelopment Plan that addresses the unique needs of the targeted area. The plan includes the overall goals for redevelopment in the area, as well as identifying the types of projects planned for the area within a long -term capital improvements program specific to the CRA. Projects may include a variety of elements or programs intended to spur private reinvestment in the CRA. Streetscapes and roadway improvements, building renovations, new building construction, flood control initiatives, water and sewer improvements, parking lots and garages, neighborhood parks, sidewalks and street tree plantings are typical of projects funded by community redevelopment agencies across the state. The plan can also include redevelopment incentives such as grants and loans to private owners and businesses within the CRA for such things as facade improvements, sprinkler system upgrades, signs, and structural improvements. The redevelopment plan is a living document that can be updated to meet the changing needs within the Community Redevelopment Area; however, the boundaries of the area cannot be changed without starting the process from the beginning. .. fr ^ 4444 , sot, ' ' , .f'., . , I dii" ° A ir A µVi. ,}•,v ,a. 1 j i " 4 ,� 1 49 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. . , Steps to Formally Create the CRA The City has commenced the process to create the Edgewater CRA through its actions to engage the community in public planning charrettes for the Downtown Vision Plan, the Economic Development Strategic Plan and the preliminary discussions held with County representatives. The following additional steps highlight next steps needed to formally establish the Edgewater CRA: A. Adopt the Finding of Necessity. This will formally identify the conditions within the targeted area and establish the area boundary. This report can serve as the basis for considering the necessary formal actions to begin the process to engage the County in its review. B. Seek delegation authority from Volusia County for creation of the Community Redevelopment Area and Tax Increment Finance District. C. Develop and adopt the Community Redevelopment Plan. The plan further defines the needs of the targeted area and includes a specific program for encouraging redevelopment in the area. D. Create a Redevelopment Trust Fund. Establishment of the Trust Fund enables the Community Redevelopment Agency to direct the increase in real property tax revenues back into the targeted area. • f: ›""4 , "' .Y 4 FAN ., i i "1". t {,.w" l' ? 1 , 4 , 41 '4 t! 4 t I a .� 2 ) f _ x• , +#+ -t ©ti Or. • 4.. ;e` 4 s si... .1 ', }+ !fi r. -...:. 4 i. 1 Z' ' 4..... # 0 ni.a Mr. - -. ® f.,,' irmA . f ®aa lo=w.., GA 9,0 (I) Oa Cr—I & Peer 1,4,, 'Al Mary CaormaarrOodeara i „ . "i• 0 : * . " /Wu, 8 tfimk Syaficace ° l+ VS I Tranmamaa NI 4 Pasenf craw. Yr * O . : w 1 ` �s An nm. "" '4 [a.aad Kim y r `!,.r�t�i++ IC tk .r' . Fn Jdo •. — ... , -fin �awaMwrMw. , .w. ' ... ffi c !sr. " it - ' B` L._.._ iR+1U 50 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. City of Edgewater Community Redevelopment Area Finding of Necessity Appendix A: Vision Plan Excerpt Vision Plan: "Edgewater residents want an attractive and vibrant place to work, shop, play and relax; a place that would signal to visitors that they have arrived in Edgewater, a great place to live. Throughout the Vision Workshop, many people spoke of how they long for an identifiable downtown, with shops, restaurants, offices and different types of housing. We also heard how important the waterfront is to the Edgewater community, being both a source of entertainment and industry, and many ideas were shared about how to use the water to draw in tourism and additional businesses. Given the prior studies, including the Strategic Visioning Workshop of 2007 discussed in the next chapter, the results of the Envision Edgewater Vision and Design Workshops, and the assets of Kennedy Park and the Indian River, it was appropriate to focus the Downtown Vision Plan on the Park Avenue and US -1 area. While not all of the concepts presented in the Vision Plan can be applied to other portions of the city, many can. The following pages identify the major components of the Downtown Vision Plan, followed by a number of recommendations for moving forward to implement this united vision." The map shown below is a composite of the five small group maps created during the workshop." '-ri • -. . iv,0 A • ! + +�► -.- • •, • • , • • • 4 , ,,, , „40 .0 i i„ '4 , • • i �. +M 51 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. i . . .... .... ...., ., -,,, ,, -- - - - -, ' . ,, , • ,, - - ' ' ' . . , ... ' ' - . ',.. " . ' , , , . . . . QUALIFYING CONDTIONS SAMPLE PHOTOGRAPHS .., , - .. . . -, ..- • , 1 . • . „ ..,,,, , . .. . , . „,,,.... ... „ '..!.N • .. . . , . .. . l' • „--------- ...- __.....,.. • -,„, , .,..,.... .., ,..., .. ,, , - . ---..-' ,.- .--- •, - ,1f. , - , ..„. , ) , '-.- - - - , . . .. , • • ,-.:-.„--...;-,,..„-- , . . . . . ..., ,, , . - . . . , . - • . ....- ..„. .. , • ... - . .. . 1„ .. • . - - .,„ ...„........„.„, ' . .„ . , ,--,- l it . . .. ..... 1 .... , _.... . . ,. , . ,,. „,..,.........,.....,.,....._„„,,,.._., ,......,„ „_,„ „. . ... _ . . . ,,,.. .... _, . w ',•,.1- ILA 11111 ik; I , ' 4 '1 ' ' : ''' • . • ,, „ I .',' ..: , ‘,. v , 4 - 1 _ ,„..,.. . . .--, . . •, - - . . ' 52 1 LAWANDALES PLANNING AFFIUATES, KIMLEY-HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC City of 7 . ! °� : e oilmen "� red - i . mgr o 1 ve ce ssri y QUALIFYING CONDTIONS SAMPLE PHOTOGRAPHS i ,,;;;A!', „ t ' , to # aill _.. • ;1 _ 3 i -..... y _...._ i _ • x .1 k a 1 e ,. a '- s ii ,, a ^' — .. ' - t A +. 53 LAWANDALES PLANNING AFFILIATES, KIMLEY -HORN AND ASSOCIATES, INC. AND CANIN ASSOCIATES, INC. s w ^V " a o :Ywti } na q is +a_ {! {` y t F << "7�! { C 11 ry •, :, ; a' k t r i y - -' } ; :, -• y J r. q y >. - c , } ' i , 4 a W , i "" "R' l 'tom^ `. 4 4 4 * t, , r ,,� i s yip :. . ....4) tF o- ' ,. f . _ „0 ' ' ' i.l. ' '''''.. . ‘,. -,1i,;.,‘,.'x. 1. y �', 4 .. ; �r ...,,....„‘,..40,_......1?, ci) it ,. % " , , . f' -"�`' • .,2_ .r W a .t .► s L 3 1-..- f y `' s `'s, 1y' } i . + A rbx .. (' E a• 9E x 1 �' a� ,*v . . 1.1,. '. r' f. r . a 4 P f r f ¢ �, �Ob! � ' Jam` ` ,r'" �, +„W �.:.�"'•. .'{r . ■ E W � 4] W r* !,: t \ 'i, T "' _•, t �. - _ ■ ; ' Las j ■ k . - • LI 1:I - .1 1 4 `-.v - .., = « . N .c. rte, &T -,,.)` r - • e WD ...5 A LA u tet i1kE w , . p 6 ,.,• � \_ r' � A ° : ''` as _."'r— �^ x-". C1) -� P . ' _ ti . J '. c E. i y 1 w v } T i. r � `../ t 3 4 i s' 5e l 1 h i, mss s � ? �' / 14. - } Niir , 9ew*a , : a ` s i: S , Q4 r g „,, .1.......... : , - , a.. , SJ. � ":' - i y e t ,,0 ,, S3 kit V 4 9 A. • 1 „..„„4„.„:,......,. , . ,... ,, 1 : ..,..-..., „.,...2. , , .. .... _ .‘,.,, ,... ....„.... ...- t - . . .„. _ . :. ,. \ V!,., , A r t � \ � f t .. t ...., a � a, l . P� ai - ,¢ r ` lj J jl .fir' _ f j ”` ‘4. i iit t" 4 , ' ” a " ' t cis ► �'S � #: � � � „AI: : i ). ' 1 .f ti ` .__s ± " t .+ - , bti, /, g4 W 1 t . , , ............ .0 AGENDA REQUEST C.A. #2011 -032 Date: April 4, 2011 PUBLIC HEARING April 18, 2011 RESOLUTION April 18, 2011 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution #2011 -R -09 Supporting the East Central Florida Regional Rail Trail. BACKGROUND: The East Central Florida Regional Rail Trail ( "Rails to Trails ") was previously land owned and utilized by Florida East Coast Railway (FEC) which is now considered abandoned rails. The East Central Florida Regional Rail Trail encompasses approximately 50.8 miles within Brevard and Volusia Counties and will provide non - motorized transportation, outdoor recreational activities that include walking, hiking, bicycling, inline skating, equestrian activities, bird watching, nature viewing and protection of natural resources for the future. Resolution #2011 -R -09 (attached hereto) supports the design, construction and implementation of the East Central Florida Rail Trail ( "Rails to Trails "). STAFF RECOMMENDATION: Staff recommends that the City Council adopt Resolution 2011 -R -09. ACTION REQUESTED: Motion to adopt Resolution 2011 -R -09. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Respectfully submitted, Concurrence: / u race . Barlow Robin L. Matusick Cit anager Paralegal RESOLUTION NO. 2011-R-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA SUPPORTING THE EAST CENTRAL FLORIDA REGIONAL RAIL TRAIL; PROVIDING FOR FILING WITH THE CITY CLERK; PROVIDING FOR CONFLICTING PROVISIONS, AN EFFECTIVE DATE AND ADOPTION. WHEREAS, the City of Edgewater considers bicycle and pedestrian transportation to be of utmost importance to the area by providing the region with recreation and transportation opportunities as well as the possibilities of economic and community development; and WHEREAS, studies from previous "rails to trails" projects have determined that converting an abandoned rail corridor to a trail deters crime by cleaning up the landscape and attracting trail users; and WHEREAS, trails have popular amenities that include uses of cycling, hiking, running, skating, wildlife viewing, and equestrian use in appropriate areas that draw tourists to the area and bring a positive economic impact to communities that have trails located within them; and WHEREAS, trails help communities by preserving and creating connected open spaces, along with protecting the environment and habitats of important wildlife and wetland ecosystems; and WHEREAS, studies have supported that trails are known to revitalize areas and are becoming a key amenity as many developments and businesses are leveraging the marketing power of trails by including their proximity to a trail. NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. The City of Edgewater supports the design, construction and implementation of the East Central Florida Regional Rail Trail as depicted on the map which is attached hereto an incorporated herein as Exhibit "A ". 2011 -R -09 1 Section 2. The City Council directs staffs to coordinate efforts with federal, state, county and other agencies to ensure appropriate planning and implementation occurs for trails for the City of Edgewater. Section 3. Direct the City Clerk to transmit a copy of this Resolution to the chair of Volusia County Council. Section 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed. Section 5. This resolution shall take effect upon adoption. After Motion to approve by with Second by , the vote on this resolution held on April 18, 2011, was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilwoman Mike Ignasiak Councilman Ted Cooper PASSED AND DULY ADOPTED this 18th day of April, 2011. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 18th day of April, 2011 under Carolyn S. Ansay, Esquire Agenda Item No. 8 . City Attorney Doran, Sims,Wolfe, Ansay & Kundid 2011 -R -09 2 EAST CENTRAL FLORIDA RAILROAD TRAIL PD &E STUDY FROM STATE ROAD 415 IN VOLUSIA COUNTY TO CANAVERAL AVENUE IN BREVARD COUNTY 44' PROJECT LIMIT$ MIRIAM CY 415 10 .1' 442 VOLUSIA \ • PROJECT LIMITS COUNTY .----\ W7 Ranch Conse, M,(,n Easement 0/ C < r n i!lflamm�xw sei ...�oii An-� MOSQUITO FARMTON LAGOON •Mitill G 2 MITIGATION BANK 51 f ,jam i , p a r ,•„, i 1BIN>t. •11•1.ut 111.11 t.11w11.r6StailAti a 7. at ; .. A.a • . . 1 • LAKE %. 4 ' I HARNEY = ,' ` r 7 1 Ilk, S i „'; JESUP 4 '.t 1 n■a J esop Co,uer ation Area 4 II ■ a r h 1 II INDIAN 1 ; RIVER ii LmIe Bk1E« ∎n Stma Fn�e�l 46 : Bk. Lake SEMINOLE it i COUNTY a N \ PROJECT LIMITS 4 A.na t M*awuon i . i ir t B REVA Rl / s. r , .*.1.l.....1.s.rl.n.�.a.�.s... °i,+„ COUNTY _ Rt COUNTY ! 405 406 i Inw01 0 Legend an.ny r• M TRAIL LIMITS PUBLIC LANDS CITY BOUNDARY . a COUNTY BOUNDARY l , i �- The St. Johns River -to -Sea Loop FeinA.. a..M...- ti - it . Ronda State Parks Florida Conservation Lands '� Muth -use Trail Network opportunities ` 7°—., ' • De Leon Springs to East Palatka Trail (future) Spring to Spring Trail (in development) .n V 3t \ s ue' V ° Palatka to Lake Butler State Trail (in development) ° ' b ' East Central Regional Rail Trail (in development) l., -r St Augustine to Palatka Trail (in development) A1ARiver -to-Sea Trail (ersting) e ,,,,,,, `�"".. -• South St. Johns County Trail (future) >> M... �.. Birthplace of Speed Trail (future) Palatka Connector (future) ao xo 1.4 ies \ \ ......................,..., C? rf. — ,. . \ I fir., . . i . k il l , ..., . 'C ■ MS I ONixat MOIL IXILLAIZY Aron 1 . .-. sa; L...;'; o k I n .; Yam a P . / i'l , ------\. t ( . - 4 )4 \-- 1 \ t, AGENDA REQUEST APT- SH2011 Date: March 7, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT April IS 2011 CONSENT BUSINESS ITEM DESCRIPTION: Request for appointment to the Economic Development Board to fill one vacant term. BACKGROUND: Bob Williams resigned from the Economic Development Board effective December 31, 2010. At the March 2, 2011 regular meeting, the Board discussed appointing Steven Harrell to fill Mr. Williams' vacant position. STAFF RECOMMENDATION: The Economic Development Board voted unanimously to recommend the appointment of Steven Harrell to fill the position vacated by Mr. Williams. Mr. Williams' term is due to expire on March 20, 2012. ACTION REQUESTED: Motion to appoint Steven Harrell to fill the position on the Economic Development Board vacated by Mr. Williams. FINANCIAL IMPACT:(Finance Director) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respectfully submitted, 4149VhAd-' aiceCU&-- Tabitha Russell Economic Development Board Coordinator CITY OF EDGEVY.F"TER'' � t RF(FIV MAR 07 2E' e( adgd' t ILEDGEWATER1 criy ca-Tlivz ADVISORY BOARD — VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name Address 7 r / /e_ 7XC� /t CJ C.Y Ae1 /1>cfi,r, 3 / Er Home Phone 5 = L / c) 7 O S .3 0 Business /Cell Phone 3 1? L/ / -5-12‘ 1 Occupation £/P,/ i /,4 4 7,/ /h/Are you a resident of Edgewater No how long Is your principal place of employment in Edgewater /Y(a At the present time, do you serve on any other City Boards or Commissions NO if yes, please list each Have you ever served on any Boards, agencies or committees tie5 if yes, please list each 'one f4 J 4-f14 Lel'it /5vfi -- cicrn' isJic�, �i -i („y7 (it C Lf�r�<�i� REFERENCES — Please List three business and /or personal g S c: ( c! / y , �>� r /� n,e S� / �/ 2 y - S Name, address and phone / ale/ A /77e7f :S /VS ,< -4) — / / Name, address and h �C9z° /2 hone Y d2 /7_77/ le, / /Ve/ S 1VS■64 1 /)V — S10 C3 Name, address and phone 11Page EDUCATION High School sc-. ,r f ��' /per/ 4 S 4 c College 47,4(01 ��tt /`y / ( H: <hmt.i>� C� ,5,5' �Ir Degree(s) !� ) 197e'/Crt� 7z " "(h /1c< /r �l?t /1) v , /1' t / /44/ 1)45 rt/� /"/ WORK EXPERIENCE _5 KC. < , J /mac 1- INTEREST /ACTIVITIES s /i,)/ / /4 ,Z M;1;5 COMMUNITY INVOLVEMENT Sr 9/ WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? 7 Sc "rot', / f) f - / (c � r/71//�'L i3 C, /7 / , e- /C`,s,� cJ /gee.; ee. j CP _ e.gl `'f /S L %l1a / "/C / ? 1 /c- 7 e - C/4 EXPERIENCE /QUALIFI TO BOARD(S) APPLYING FOR RJ / � V € (/ M7be- / 7 t: fur l / (e'2 ft' 2170,/ /Ue,Yfe / j /f Cyei?i , 7/O/73 G A0 5,/ /R-/ A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. -"Zara -?-•-ei-e-1/ 2 4/0 0/1 Applicant Signature Date / Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2'Page Steven W. Harrell, FACHE 2781 Letha Road, New Smyrna Beach, Florida 32168 (904) 427 -0530 home; 386- 427 -0530 cell; 386- 882 -1672 SUMMARY Healthcare Executive, with the majority of experience in healthcare administration of acute care facilities. A results - oriented, strategic thinker with proven ability to lead. Possesses strong business acumen and communication skills utilized in the development of highly functioning management and clinical teams. EMPLOYMENT Bert Fish Medical Center, New Smyrna Beach, Florida 2002 — Present VP /Chief Operating Officer (2002 — Present) Interim CEO (2004) Responsible for: • Daily operations of Hospital • Physician Recruitment — recruited 15 physicians to Southeast Volusia • Department oversight • Strategic Planning • Project management Halifax Medical Center, Daytona Beach, Florida 2000 — 2002 Manager, Specialty Center (2001 — 2002) • Administration and management of Cardiology and Non - Invasive Cardiac Services including Cardiac Cath Lab, Echocardiography, Respiratory Therapy, EKG, & EEG • Participated in Administrative call rotation for Halifax Medical Center Administrator - Atlantic Medical Center Outpatient Facility (2001) • Oversee the General Operation and Administration of a comprehensive outpatient center Vice President/Chief Operations Officer (2000 — 2001) • Oversee Operations and Management of Acute Care Facility under direct report to the Chief Executive Officer • Assisted in Consolidation of Services between HMC and AMC following purchase Columbia / HCA — Daytona Beach / Ormond Beach, Florida 1996 - 2000 Assistant Administrator for Ancillary and Surgical Services (1999 — 2000) • Responsible for operations of Ancillary and Surgical Services. • Assists in overall administration and operations of two hospital system Atlantic Medical Center — Daytona: Ethics and Compliance Officer Laboratory /Cardiopulmonary Director • Responsible for the operation and function of Laboratory and Cardiopulmonary services for two facilities. Scheduling, Budgeting, and maintaining compliance with accrediting agencies. CAP, JCAHO, State of Florida. Obtaining first time CAP accreditation of an Acute Care Hospital Laboratory / Ormond Campus Humana Hospital Daytona Beach /Daytona Medical Center, 1985 - 1996 Diagnostics Services Director, Daytona Beach, Florida (1995 — 1996) • Responsible for the operation and function of Laboratory, Radiology, and Cardiopulmonary Laboratory Manager (1994 — 1995) • Responsible for the delegation and coordination of the clinical, Managerial, and operational duties of the Laboratory Department in order to assure efficient, effective, and appropriate department services. Chemistry Supervisor (1985 — 1994) • Responsible for the general operation of the Chemistry Dept. Quality Control Supervision, Education and Training of Medical Technology students and staff. • Responsible for development and implementation of procedures to improve efficiency and assure compliance with accrediting agencies. Personnel evaluations and reviews Medical College of Virginia 1979 -1985 Department of Pathology - Medical Technologist - Hematology and Clinical Toxicology, Richmond Virginia • Quality Control Supervisor, Education of Medical Students, Pathology graduate students, and Medical Residents), Method Development, Routine Diagnostic Analysis. EDUCATION Bachelor of Science, Medical Technology 1979 • MEDICAL COLLEGE OF VIRGINIA, RICHMOND, VIRGINIA Master of Science In Health Services Administration 2006 • UNIVERSITY OF CENTRAL FLORIDA, ORLANDO, FLORIDA SKILLS • Cost Effective Consolidation of a Mulitifacility Healthcare Delivery System • Cost effectively staffing an Acute Care Hospital for 24 hour operation • Developing and meeting an operational budget in an Acute Healthcare Facility • Strategic Planning • Physician recruitment • Contract Management Training • 24 Hour HazMat training as first responder • Columbia /HCA Ethics and Compliance Officer Training for an Acute Care Hospital • HICS Hospital Incident Command System Training, (Volusia County Emergency Management) Community Involvement • Board of trustees and Sunday School Director (active) New Smyrna Bible Chapel, New Smyrna Beach, Florida • Executive Board (active) Horizons Unlimited Christian Camp and Retreat, Leesburg, Florida • Board of Counselors (inactive) Bethune Cookman College, Daytona Beach, Florida • Board of Directors (inactive) Port Orange YMCA, Port Orange, Florida • Member, Daytona Beach West Rotary Club (inactive) Daytona Beach, FL Professional Licensure and Certifications • Fellow — American College of Healthcare Executives • Clinical Laboratory Supervisor (State of Florida. HRS Lic# JC0025494) • Medical Technologist (ASCP) Lic # 128717 CITY (PEtDG WATER ILED DEC I i 2:10 ADVISORY BOARD — VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* \ „', RECREATION & CULTURAL SERVICES '1/4,,/ ,. ECONOMIC DEVELOPMENT PLANNING & ZONING* FIREFIGHTERS PENSION* \/ VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name _._ .mac. Address CA Home Phone— e L\ O Business/Ceti-14;e 75` 3 Occupation 4 , a Are you a resident of Edgewater 0 how long ,2( Is your principal place of employment in Edgewater t )° At the present time, do you serve on any other City Boards or Commissions Ao if yes, please list each - ''-s' Have you ever served on any Boards, agencies or committees `�if yes, please list each REFERENCES — Please list three business and /or personal ame, address andehone Name, address d phone / Am t, — >( \' Name, address and phone 11Pa`T,e EDUCATION c i� High School , (� -vS.; .(�- A, c,tj `'crr ...- \;AA.) . -A Fn 1 College li N. `2S> -\ j CE.,, - K .. ,:� ixv,‘DA 1N''(-- LI,mr S(, i 13 i .i:.r Ji AA tfsi: i Degree(s) C‘.< ct, [ r l zk,c,c4 AS , , , - , c 5c,cz, A ick — v ti ._,,,. WORK EXPERIENCE F)c) a,25 t»,nw;�„,,z -b. ',,D `-, Pg..„- A,--,1. ic-:), € I AN\p" - ‘ ( --\ 1- ' I: 1. i INTEREST /ACTIVITIES ---",� - 4 �� 2 \c .l::, k L v &' COMMUNITY INVOLVF -- �:�c \ cz�.� c5c- - �S C C A.- , .crt_ '�1 � c...� S \_,.z,.::_ - —c, > T;--,' \ti 1v MCC'::> f WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? ' F EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR � c \ c 2� �cS �1..�TCSvw._,A._ �G --‘,:.LL \r L\�/�Z "C--k-ilk 4- s ) � t�T1,2 J (-' �1/4_ ' 1 ) 1--- -- S"2 �C N ��ASS ,_ C.) C 7 P\ :-- \C: ->-- L\4' A resume or separate sheet with additional information may be included with your application. ` I understand the responsibilities associated with being a board member, and I have adequate time to serve if .ps.y s Airib/b. i D - \b, , c` (2) 3 Ap. . . `WillpillirF Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received ta\1Cokka Date Appointed to Board Board Appointed to Date Resigned from Board 2IPage AGENDA REQUEST Date: March 31, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT 4/18/11 CONSENT BUSINESS ITEM DESCRIPTION Request for reappointment to the Police Officers' Pension Board of Trustees due to the expired term of Ferd Heeb. BACKGROUND The Police Pension Board of Trustees has a resident representative appointed by City Council. Mr. Heeb's current term expires on May 21, 2011 and he is seeking reappointment. RECOMMENDATION At their regular meeting of March 14, 2011 the Board recommended that City Council reappoint Ferd Heeb. ACTION REQUESTED Motion to reappoint Ferd Heeb to the Police Officer's Pension Board of Trustees for a two -year term expiring on May 21, 2013. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: '& , 1),110 190 Bonnie Wenzel City Clerk City of Edgewater Police Officers' Retirement Plan 104 North Riverside Drive Edgewater, Florida 32132 To: Honorable Mayor and City Council Members of Edgewater From: Dan Blazi, Chairman '7," Edgewater Police Officers' Pension Board of Trustees Subject: Appointment to Pension Board - Mr. Ferd Heeb Date: March 14, 2011 The current two -year term of Police Pension Board of Trustees appointed member Ferd Heeb ends on May 21, 2011. The Pension Board, at its March 14, 2011 meeting, recommended Mr. Heeb's reappointment for a two -year term until May 21, 2013. Thank you for your consideration of this appointment. Ferd Heeb 115 N. Riverside Drive Edgewater, FL 32132 March 14, 2011 Honorable Mayor and City Council Members of Edgewater City of Edgewater 104 North Riverside Drive Edgewater, Florida 32132 Dear Mayor Thomas and City Council Members: This letter requests your consideration of my reappointment to a two -year term as a member of the City of Edgewater Police Officers' Pension Board of Trustees. My current term ends on May 21, 2011 and I respectfully request reappointment by the City Council. Thank you for your consideration. Sincerely, /7Z' F erd Heeb AGENDA REQUEST Date: March 7, 2011 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD OTHER APPOINTMENT 4/18/11 CONSENT BUSINESS ITEM DESCRIPTION: Gail Anderson of the Citizen Code Enforcement Board for re- appointment on the Citizen Code Enforcement Board. Gail Anderson term expires March 17, 2011. BACKGROUND: Gail Anderson has requested reappointment to the Citizen Code Enforcement Board. Gail Anderson currently holds a position on the Citizen Code Enforcement Board. Membership of the Citizen Code Enforcement Board consists of seven (7) members appointed by Council. STAFF RECOMMENDATION: Approval of Gail Anderson re- appointment by the Citizen Code Enforcement Board. ACTION REQUESTED: Motion to reaffirm appointment of Gail Anderson to the Citizen Code Enforcement Board. FINANCIAL IMPACT: (FINANCE DIRECTOR) NA (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: N/A AGENDA ITEM NO.: ' . • - ct, 1 t / ubmitted Sho' la Jackson, frd Coordinator Citizen Code Enforcement Board Agenda.request. form.rev.2/ 16/2000 01/03/2001 02:13 3864260102 ANDERSON PAGE 01 March 5, 2011 To: Edgewater City Council City of Edgewater, Florida Attn: Shontella Jackson Dear City Council Members, I have been a member of the Code Compliance Board for 1 year and have enjoyed working with Board Members and Staff to address issues in our city. I've found the work very interesting and rewarding. My term expires on March 17, 2011 and I hope to continue to serve the city in this position. Please accept this letter as my request to continue for another year on the Edgewater Code Compliance Board. Thank You. eazz Gail Anderson 2207 Willow Oak Dr. Edgewater, FL 32141 H) 386 - 426 -0102 C) 386- 689 -6986 (1:11 CLMIK ADVISORY BOARD — VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL s CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT (J PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Na Elliott N. Hagood Nose Address 2025 Orange Tree Dr Home Phone 386426 -o847 Business /Cell Phone 386-690 -6546 Occupation Real Estate Broker Are you a resident of Edgewater YES how long 1 year Is your principal place of employment in Edgewater yes At the present time, do you serve on any other City Boards or Commissions no if yes, please list each Have you ever served on any Boards, agencies or committees yes if yes, please list each New Beach Board of REALTORS Legislative candidate screening committee REFERENCES — Please list three business and/or personal Mr. James Vandergri ft 386 424 -4750 Confidential address provided upon request only Name, address and phone Mr. George Beaziey, Esq.. 386 690 -6709 COI ifide ,fidl address provided upon request only Name, address and phone Mr. John E. Hagood 386427-0381 Confidential address provided upon request only Name, address and phone 11 EDUCATION High School New Smyrna Beach High School 96 College University of Central Florida College of Business Degree(s) B.S.B.A. Management WORK EXPERIENCE Real Estate Sales, Leasing, Previously Licensed Mortgage Broker Boston Whaler Boat Manufacturing, Food Service, Satellite TV Sales, service & Installations Technician INTEREST /ACTIVITIES Fishing, Golf, Surfing COMMUNITY INVOLVEMENT desire for public service, to be continued... WHY DO YOU DESIRE TO SERVE ON THIS/ THESE BOARD(S)? To improve our current and future quality of life in the city of Edgewater. EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR My educational and professional experience have provided unique insight to all lifestyles present in our community, with this t am able to make informed decisions and serve the general public to improve our community's profile amongst others. A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. 7 2 //1 i l!t tOtG� O App cant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 -424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21 ELLIOTT 621 S PINE ST. • NEW SMYRNA BEACH, FL 32169 PHONE (386) 690 -6546, 386 - 426 -0847 • E -MAIL SUMMARY OF QUALIFICATIONS • Real Estate (Licensed); Broker • Manager with education & experience in planning, operations and management, staff supervision, budgeting, start-ups and managing highly diverse projects. - An ability & reputation for: o Excellence in professional consultative services and customer relations. o Coordination of work of internal and external management and project teams as well as supervision and development of new systems and processes. o Strong interpersonal skills. o Working in fast - paced, relatively unstructured environments. o Internet and related technologies Various computer skills (MS Word, Excel, Access, PowerPoint ect. o Quickly understand and adapt to new technologies. o Knowledge of many aspects of project, facility management and operations. • Potential for: strategic planning, operations, facility management and project management, with special interests to develop strategies and managing operations to increase efficiency. An all- around Results oriented professional with a reputation as a conscientious manager who provides excellence in service and customer relations. EDUCATION 2004 University of Central Florida, Orlando, Fl • Management Degree B.S.B.A. WORK EXPERIENCE 2004- Present Licensed Real Estate Sales: Realtor Formerly Associate Experience at Waverly Property Group, ERA Select Intl. & OceanBreeze Properties Currently - Broker Home & Family Real Estate & Property Management LLC New Smyrna Beach, FL Duties: • Showcased property to potential clientele; provided comparable market analysis to customers; utilized online MLS real estate services; preparation of sales contracts; collaboration with various industry professionals; familiarization with appraising real property; interpreting inspection reports, comparative market analysis, legal documents, zoning maps, construction plans, population and land sales projection reports, and title abstracts; marketing; participation in open market activities, attended numerous closings, and otherwise aided in the transfer of real property. Extensive marketing and social network development. _ 2 _ February 23, 2011 2006 — 2/2007 Flagship Mortgage Banc, Inc. Daytona Beach, FL Loan Officer (Licensed Mortgage Broker) • Reference Contact Monique Hilton 386 -299 -3712 Duties: • Responsible for soliciting residential mortgages from various sources including realtors, builders, financial professionals, past customers and other nontraditional sources; produces high quality loans which meet applicable program guidelines while providing excellent customer service. Extensive marketing and social network development. Flagship Mortgage Banc, Inc is a subsidiary of Olde Cypress Community Bank. 2001 — 2005 Mastec Advanced Technologies DIRECT TV Orlando, FL Installation & Service Technician ■ Reference Contact Richard Jones (386) 689 - 6481 Duties: • Installation, as well as testing and repair of Direct TV satellite for commercial customers, residential customers, and retail outlets by performing the following duties: Using problem - solving and technical skills to install satellite dishes and related equipment, Reviewing job site and communicating with customers to review the installation and operation process, Troubleshooting, providing customer education and managing the administrative processes including van inventory and appropriate documentation. Ensuring that the highest quality of service to promote superior customer satisfaction & Adhering to safety guidelines and requirements. Nod REFERENCES Personal References Mr. George Beazley, Esq. 386 690 -6709 Mr. James Vandergrifft. 386 4 CONTACT INFORMATION: Elliott Hagood 621 S. Pine Street, New Smyrna Beach, Fl 386 690 -6546 vold CITY OF E[1G,vVATF ED GEWATER RECEIVED ir slime OCT 2 201t1 ADVISORY BOARD - VOLUNTEER APPLICATION ein CLERK Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL .X CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure faun within 30 days of appointment. PERSONAL INFORMATION Name F/ / i / , 6 ZZ i✓ z Sore' Address o27 /e, Vie/4666 7/ 66 7 E 7/j V' Home Phone 2 Business /Cell Phone Occupation R / AeQ 5f JCS � � �s Are you a resident of Edgewater /PShow long 1 E '� 7 Is your principal place of employment in Edgewater Wig At the present time, do you serve on any other City Boards or Commissions lkJ/1 if yes, please list each Have you ever served on any Boards, agencies or committees No if yes, please list each REFERENCES - Please list three business and/or personal Eh-4" Q% az 02.7f t �� � ED6.; q�. - q a Name, addre s and phone /iv/L� C 4- z_A- sig , /6 /3L o i�� r3A) �� �� yc2g �b / Name address and phone gi Ze/ e/7 DOW/ 0 7 o NGE 7 C��P �a� �a7 7b3.S Name, address and phone 1 I Page: EDUCATION High School College '-..)'F - Ps :�� : ' Degree(s) WORK EXPERIENCE A . rn: ; oOA S � S '7N - 1? 5 yx- INTEREST /ACTIVITIES s<e _ a_c1.`�c \ hovnk � wk9vot;ew■evjC �vo je S 1c{►�tS Cc.�:n�, .J \--` ,'" . COMMUNITY INVOLVEMENT t \C- 4 1\, - � (2 - Q ► 2DG?j -2vv WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? C�I�QPCt1'�tNC� cz,vd eh I/ 0t (c;c c i 5 CMuv,. i corec. EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR 111 pPr;enJ%� b G tr l Actu'c No • r e Z %�5 S� y,nc —5 s • r ,n a. ,,gy ro,, C o Accu Aj o ' P 5pec i jti► - eresTS 04P a h oti9 apprdpr,'a` a kid a lIotued- A resume or separate sheet with additional infoiination may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. ° -// / . � ,q0/0 Appli t . t Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2IPage , AGENDA REQUEST Date: March 23, 2011 PUBLIC HEARING RESOLUTIONS ORDINANCE BOARD OTHER APPOINTMENT 4/18/11 CONSENT BUSINESS ITEM DESCRIPTION: Glenn Barnhill of the Citizen Code Enforcement Board for re- appointment on the Citizen Code Enforcement Board. Glenn Barnhill term expires April 21, 2011. BACKGROUND: Glenn Barnhill has requested reappointment to the Citizen Code Enforcement Board. Glenn Barnhill currently holds a position on the Citizen Code Enforcement Board. Membership of the Citizen Code Enforcement Board consists of seven (7) members appointed by Council. STAFF RECOMMENDATION: Approval of Glenn Barnhill re- appointment by the Citizen Code Enforcement Board. ACTION REQUESTED: Motion to reaffirm appointment of Glenn Barnhill to the Citizen Code Enforcement Board. FINANCIAL IMPACT: (FINANCE DIRECTOR) NA (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: N/A AGENDA ITEM NO.: Resp-c " lly submitt; 117 ��� �v Shontella Jackson : oard Coordinator Robin Matusick Citizen Code Enforcement Board Parale al Tracey rlow City anager Agenda. request. form.rev.2/ 16/2000 March 10, 2011 To: Mayor and City Council I am currently on the Code Enforcement Board and would like to be reappointed to continue another term. I enjoy serving on the Code Enforcement Board and would like to continue my duties. Thank you for your consideration in advance. Sincerely, Glenn Barnhill 602 S. Riverside Dr. Edgewater, FL 32132 CITY OF EDGEWATER RECEIVED • EDGEWATER OCT 2 6 2 ADVISORY BOARD — VOLUNTEER APPLICATION CrryCI ARK Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION R � Name V . 64Z7Z)CZ-L Address 027/6 Vie/14)6 T�EE DR/ tie Home Phone 2 q/ 7S Business /Cell Phone Occupation R-Pkged -5! C€ 19 gs Ar e you a resident of Edgewater yyShow long /� 2 X►ec . Is your principal place of employment in Edgewater /0 /4 At the present time, do you serve on any other City Boards or Commissions Alo if yes, please list each Have you ever served on any Boards, agencies or committees ND if yes, please list each REFERENCES — Please list three business and /or personal k� /i j, Cox �7t P ink nee� E 90 / me, addre s and phone !Nn/ (.00 i_A- sJ�5r�i , /6 L UC- %iL ,e()A) Die, P7) �1 �� f�� Name address and phone .B, ,qJ / e4 Tou.!N ,2fl'D 5' 6 NcE 77---E De cac Name, address and phone 11Pagc EDUCATION High School College l Degree(s) WORK EXPERIENCE 1n,rnA -uc @ o ; ot:c( S47- 5 \ ) rlu - 1w c \- (9Y ( IR: INTEREST /ACTIVITIES Yepizt.` 1 horn �Msocevne j ec t4e.I COMMUNITY INVOLVEMENT SVVAC- Ruh i\, ye i , 2D13 � 2D WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? _ m Q ( C� aYUivC kct Cist)S 12tJc���I� `PI cl c A -L1� � coreu -S 2 ti 10 ' ' c�c C x "Y�n , c �nC -e L C c vu.-- S cu \A c 50 ,t Q S EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR - No -Op rsenJce_ , hi, " A:II Kati; ND f1171-e— f P, . h -5 S hy ,9�o %y��� a�yr��r ac-i o tiB L Accu quo a P q o 6 °6_ / i is h do / JS Coi a± G.ppropr,'a` e Q kid a II awed A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. \-- ' )/ 1 � � 02 0 / 0 Appli nt Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2 I Page OF EDGEWATER 7 \ "'1 ('F 4 t! G Zip E 1..+'t : T � . . J 11K ADVISORY BOARD — VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL _- ' CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONS'T'RUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name Elliott N. Hagood Address 2025 Orange Tree Dr Home Phone 386- 426 -0847 Business /Cell Phone 386-690 -6546 Occupation Real Estate Broker Are you a resident of Edgewater YES how long f year Is your principal place of employment in Edgewater yes At the present time, do you serve on any other City Boards or Commissions no if yes, please list each Have you ever served on any Boards, agencies or committees Yes if yes, please list each New Beach Board of REALTORS Legislative candidate screening committee REFERENCES — Please list three business and /or personal Mr. James Vandergrifft 386424 -4750 Confidential address provided upon request only Name, address and phone Mr. George Beazley, Esq. 386 690 -6709 Confidential address provided upon request only Name, address and phone Mr. John E. Hagood 386427-0381 Confidential address provided upon request only Name, address and phone 11 EDUCATION High School New Smyrna Beach High School 96 College University of Central Florida College of Business Degree(s) B.S.B.A. Management WORK EXPERIENCE Real Estate Sales, Leasing, Previously Licensed Mortgage Broker Boston Whaler Boat Manufacturing, Food Service, Satellite TV Sales, service & Installations Technician INTEREST /ACTIVITIES Fishing, Golf, Surfing COMMUNITY INVOLVEMENT desire for public service, to be continued... WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? To improve our current and future quality of life in the city of Edgewater. EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR My educational and professional experience have provided unique insight to all lifestyles present in our community, with this I am able to make informed decisions and serve the general public to improve our community's profile amongst others. A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. � � / 2 3/ /1 lO�o App 'cant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21 ELLIOTT HAGOOD 621 S PINE ST. • NEW SMYRNA BEACH, FL 32169 PHONE (386) 690 -6546, 386-426 -0847 • E-MAIL SUMMARY OF QUALIFICATIONS • Real Estate (Licensed); Broker • Manager with education & experience in planning, operations and management, staff supervision, budgeting, start-ups and managing highly diverse projects. _ • An ability & reputation for: o Excellence in professional consultative services and customer relations. o Coordination of work of internal and external management and project teams as well as supervision and development of new systems and processes. o Strong interpersonal skills. o Working in fast- paced, relatively unstructured environments. o Internet and related technologies Various computer skills (MS Word, Excel, Access, PowerPoint ect. o Quickly understand and adapt to new technologies. o Knowledge of many aspects of project, facility management and operations. • Potential for: strategic planning, operations, facility management and project management, with special interests to develop strategies and managing operations to increase efficiency. An all- around Results oriented professional with a reputation as a conscientious manager who provides excellence in service and customer relations. EDUCATION 2004 University of Central Florida, Orlando, F1 • Management Degree B.S.B.A. WORK EXPERIENCE 2004- Present Licensed Real Estate Sales: Realtor Formerly Associate Experience at Waverly Property Group, ERA Select Intl. & OceanBreeze Properties Currently - Broker Home & Family Real Estate & Property Management LLC New Smyrna Beach, FL Duties: • Showcased property to potential clientele; provided comparable market analysis to customers; utilized online MLS real estate services; preparation of sales contracts; collaboration with various industry professionals; familiarization with appraising real property; interpreting inspection reports, comparative market analysis, legal documents, zoning maps, construction plans, population and land sales projection reports, and title abstracts; marketing; participation in open market activities, attended numerous closings, and otherwise aided in the transfer of real property. Extensive marketing and social network development. — 2 — February 23, 2011 2006 — 2/2007 Flagship Mortgage Banc, Inc. Daytona Beach, FL Loan Officer (Licensed Mortgage Broker) • Reference Contact Monique Hilton 386 -299 -3712 Duties: • Responsible for soliciting residential mortgages from various sources including realtors, builders, financial professionals, past customers and other nontraditional sources; produces high quality loans which meet applicable program guidelines while providing excellent customer service. Extensive marketing and social network development. Flagship Mortgage Banc, Inc is a subsidiary of Olde Cypress Community Bank. 2001 — 2005 MastecAdvanced Technologies DIRECT TV Orlando, FL Installation & Service Technician • Reference Contact Richard Jones (386) - 689 - 6481 Duties: • Installation, as well as testing and repair of Direct TV satellite for commercial customers, residential customers, and retail outlets by performing the following duties: Using problem - solving and technical skills to install satellite dishes and related equipment, Reviewing job site and communicating with customers to review the installation and operation process, Troubleshooting, providing customer education and managing the administrative processes including van inventory and appropriate documentation. Ensuring that the highest quality of service to promote superior customer satisfaction & Adhering to safety guidelines and requirements. REFERENCES Personal References Mr. George Beazley, Esq. 386 690 -6709 Mr. James Vandergrifft. 386 4 - 4750 CONTACT INFORMATION: Elliott Hagood 621 S. Pine Street, New Smyrna Beach, Fl 386 690 -6546 AGENDA REQUEST Date: March 31, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT 04/18/11 CONSENT BUSINESS ITEM DESCRIPTION: Request for appointment to the Edgewater Construction Board of Adjustment and Appeals due to resignation of Trey Hershaw. BACKGROUND: Trey Hershaw was appointed to the Edgewater Construction Board of Adjustment and Appeals December 13, 2010 as a Licensed Property or Casualty Agent. On January 10, 2011 a letter of resignation was received. His current term expires on December 13, 2012. STAFF RECOMMENDATION: Staff recommends appointing Diane Freeman to the Edgewater Construction Board of Adjustment and Appeals to fill the remaining term of Trey Hershaw, which expires on December 13, 2012. ACTION REQUESTED: Motion to appoint Diane Freeman for a two -year term to the the Edgewater Construction Board of Adjustment and Appeals for a term expiring on December 13, 2012. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO.: Respectfully Submitted By: Lynne Biickingham Board Coordinator 1 C17)1 .r. CF EpCEWAI`Et 1 , RECEIVEI EDGEWATER ir p.EI3 1 8 an ADVISORY BOARD - VOLUNTEER APPLICATION CRYC1.:Eri k Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name O- iiLert.,a • Address /6 / 1 // i/ . / . ,, e -f , 0I JO / d c Home Phone j3 %- 020 S., 711 a_6 Business /Cell Phone 6 dc V P -Q 9 r Occupation Autc..) , )d Are you a resident of Edgewater1ZOhow long ra_...) Is your principal place of employment in Edgewater At the present time, do you serve on any other City Boards or Commissions `7u) if yes, please list each Hav you ever served on any Boards, agencies or committees , if yes, please list each d 41 A Ai ./..,- (. ( a . z .,,e,D 2 &_ ,„,;_c, REFERENCES - Please List three business and /or personal C)�C'.44�J (10 Y o 7 1 �.cJ ate ,v c f , 254- cl x) - ,ca l7 9 Na e, addr nd phone Nan e, addrew and phone elLZ ,eeZ igi 4, rds,e6,1-2Z-i ,,n- 0C Name, address and p hone 1 1 P , yr "EDUCATION High School College . , , 4_ i _ .. /A Degree(s) „.3or WORK EXPERIENCE � • INTEREST /ACCTIVITIES Ain - COMMUNITY INVOLVEMENT / 1 WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? I EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR 4 0. AS A. - ' . i.i -4 fir A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. / — / / Applicant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386- 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 21Page AGENDA REQUEST Date: March 31, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT 04/18/11 CONSENT BUSINESS ITEM DESCRIPTION: Request for appointment to the Edgewater Construction Board of Adjustment and Appeals due to resignation of Mat Ratra. BACKGROUND: Mat Ratra was appointed to the Edgewater Construction Board of Adjustment and Appeals December 13, 2010 as a Citizen at Large. On ? a letter of resignation was received. His current term expires on December 13, 2011. STAFF RECOMMENDATION: Staff recommends City Council fill the remaining term of Mat Ratra, which expires on December 13, 2011. ACTION REQUESTED: Motion to fill the remaining term of Mat Ratra of the Edgewater Construction Board of Adjustment and Appeals for a term expiring on December 13, 2011. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED): PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO.: Respectfully Submitted By: LOA! Lynne Buckingham Board Coordinator 1 CITY OF EDGEWATER RE(EEVEr3 JUL 6 6 20139 APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMIT 1 EI r? N a m e (L 8 f R 7' t f i erisL_.E Address cI 9 � Ygi- -C THE i)f� t.DGt ttiATC' FL 3Zi�i — — Home Phone '3 � �q { cl i 1 4 Business Phone 3 Occupation C . ;� < < p r ��) C a ,� j �` ° L C Cj R �l <��OJ� C.C.; )P iC Are you a registered voter? (= Voting District EO 6- Are you a resident of Edgewater? y es How long? � _ Is your principle place of employment in Edgewater? / �� S �` d S -' If yes, how long ./1/VA Briefly state your interest in serving o a City board or committee; A5 A C'- t Tr E- i li, C5 S E iJ C L t t/ A T E R i, f t/ A k:' i l L t `� �Z 7 i T `s C.) goWr1' State your experience /qualifications Cc +Z i C t E D _s k , ,,y` i A E C &aZT1 ►t) 17 I /�, ti/ o jai = t /i S I�� G � cc �2 T' E I E� G y�L` L' �r ��' a` f Are you employed by the City?. ,41 Do you hold public office Al At the present time, do you serve on any other Boards or committees? Al b If so, list each: /f1 Have you served on any boards or committees? ,1 e� If so, list each: ,/Ulm. BOARD AND COMMITTEE MEMBERS MAY BE 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 ANIMAL CONTROL BOARD GENERAL EMPLOYEES PENSION BOARD CITIZEN CODE ENFORCEMENT BOARD LIBRARY BOARD Z CONSTRUCTION REGULATION BOARD ECONOMIC DEVELOPMENT BOARD RECREATION ZONING CULTURAL SERVICES FIREFIGHTERS PENSION BOARD P O L ICE E S ZON BOARD POLICE PENSION BOARD VETERANS PARK AVD. COMMITTEE Signature / /� ,. Date 4 / OFFICE USE ONLY Board Date of appointment Term * te r . CITY RE OF CEIVED' GEWATF - -_IVEf ' R IEDGuy,ATERI NOV 09 m ADVISORY BOARD - VOLUNTEER APPLICATION CITY CLE7RK Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION & CULTURAL SERVICES ECONOMIC DEVELOPMENT \,/ PLANNING & ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD. COMMITTEE Members of the Boards with an asterisk ( *) are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name r / "u/ . 7)74_,..yd Address ( cJ C'/ 54-64 Pikice? /2 ' /,�dgete.4-1-e1e Home Phone 3V2 % 4 /26 ,- yg5 Business /Cell Phone 3n, - ‘,15 '7j e2)6 Occupation / r /J Are you a resident of Edgewater Y how long -.J 0k'S Is your principal place of employment in Edgewater ki0 ( RO<i Qd. At the present time, do you serve on any other City Boards or Commissions NO if yes, please list each Have you ever served on any Boards, agencies or committees WO if yes, please list each REFERENCES - Please list three business and /or personal e.0. -e r 1 - � _� _ — /arzi e i. r ,a, 69e) c2/So � Nam , address and phone . r maith_L ev7p , 604 -1 rba , /�' 58 _95-'42) Name address and phone ` Name, address and phone 1 1 p age EDUCATION High School /-- / (9eo College OP aQ_, Degree(s) WORK EXPERIENCE /t G1 .L 2 -7T 0 1 q77 Zoo . i= /ne_ -- a oo — O / (4lr,111,. 19,02 INTEREST /ACTIVITIES 13 j ..Ley COMMUNITY INVOLVEMENT WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR l ( a O. ni, .l 6 ,QA t A ), 1 4 ' 160 Mt /At" /iYl J./I'LL V 1 1, ) , A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. C iatt i 8 ; 2 Applicant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386 - 424 -2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2IPage STUART BRUCE MANN 16 Glenn Terrace Newton, NJ 07860 973 -383 -1 937 mainman@ptdprok iwt: EXPERIENCE CSI International @ AT &T, Basking Ridge, NJ 8/98 - 3/03 Position: Watch Engineer • Provided cooling /heating for 1.7 million sq.ft. office complex • Operated Carrier centrifugal chillers, 1,350 tons • York absorbers in cooling /heating modes, 700 tons • Seasonal Plate & Frame system, 1,250 tons • Marley cooling towers, Patterson Kelly boilers for domestic hot water • Cleaver Brooks boilers for heating, 600 bhp • Caterpillar 1 500KW generator, emergency power • Performed PMs on all plant equipment • Sieman's Building Automated System • Responsible for after -hours emergency calls St. Clare's Hospital, Denville, NJ 2/92 - 8/98 Position: Maintenance Mechanic • Performed carpentry, electrical, plumbing, painting and mechanical repairs in a hospital setting Cushman Maintenance @ IBM, Franklin Lakes, NJ 7/90 - 2/92 Position: Watch Engineer, 3' shift • Responsible for A.M. start -up • Performed PMs and water testing Allied Maintenance @ AT &T Gateway II, Newark NJ 4/77 - 8/89 Position: Painter • Performed dry wall construction, taping, spackling and painting in 20- story office building EDUCATION & CREDENTIALS A.A. Degree, Miami Dade Junior College, Miami, FL Black Seal, low pressure license Blue Seal, refrigeration license CFC Universal certified BOMI - SMA designation I.U.O.E., Local 68, member since 1977 Homeland Security Program Certification, May 2003 AGENDA REQUEST Date: March 16 2011 PUBLIC HEARING RESOLUTIONS ORDINANCE OTHER CONSENT BUSINESS April 2011 CORRESPONDENCE ITEM DESCRIPTION: Authorization for the City Manger to execute the Volusia County Emergency Medical Services Contingency Transport Application. BACKGROUND: In 2008 the City of Edgewater and EVAC Ambulance had an Emergency Medical Services Contingency Transport agreement that was subsequently pulled in 2009. In January 2010 an Edgewater resident that was suffering from a serious medical condition received an extended response from EVAC Ambulance in excess of 30 minutes. In late 2010 the County Council approved the concept of Emergency Medical Services Contingency Transport and directed staff to implement the program. The amended application has been attached for review by council. STAFF RECOMMENDATION: Staff recommends the City Manger to execute the Volusia County Emergency Medical Services Contingency Transport Application. ACTION REQUESTED: Motion to authorize the City Manager to execute the Volusia County Emergency Medical Services Contingency Transport Agreement application. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A PREVIOUS AGENDA ITEM: YES NO XX DATE: N/A AGENDA ITEM NO. Respectfully submitted, Stephen Cousins Robin Matusick Fire Chief Paralegal , .4,1611 11 ! Trace :arlow City ∎ anger Volusia o my FLORIDA Application for Contingency Emergency Medical Transport NAME OF ORGANIZATION DATE City of Edgewater Fire Rescue April 4 2011 ADDRESS 104 N. Riverside Drive CITY STATE ZIP Edgewater Florida 32132 FIRE CHIEF NAME TELEPHONE NUMBER EMAIL Stephen Cousins (386) 424 -2445 scousins @cityofedgewater.org EMS MANAGER NAME TELEPHONE NUMBER EMAIL S /A/A S /A/A S /A/A As a condition of participation in contingency emergency medical transport, the applicant agrees to: 1. Operate under the Certificate of Public Convenience and Necessity, Advanced Life Support Transport issued to the County of Volusia or the Emergency Medical Foundation, Inc. d /b /a EVAC Ambulance. 2. Operate within the parameters recommended by the Volusia County EMS Medical Director and as adopted by the Volusia County Council (VC- 1290111136738 -A, December 9, 2010 agenda item and attachment, three pages) or as amended by the Volusia County Council. 3. Provide legible photocopies of the front and reverse side of each employee's credentials with this application. Photocopies of renewed credentials shall be submitted prior to the expiration date of the document on file. Credentials are defined on the reverse side of this application. 4. Provide a complete and un- redacted copy of the patient care report for each contingency emergency medical transport, including all appropriate attachments and identifying the paramedic -in- charge, to the Volusia County EMS division office at the address below within one business day. The emergency medical condition identified shall be clearly and comprehensibly documented within the report. 5. The Volusia County EMS medical director shall be responsible for determining the appropriateness of the transport. Inappropriate decision making will be addressed to the paramedic -in- charge and his or her agency chief by the medical director as set forth in protocol. 6. If contingency emergency medical transport is initiated, the provider will be responsible for patient care throughout transport, including transference of patient care to hospital staff. 7. As a condition of participation under contingency emergency medical transport, the applicant shall provide to an agency contracted by the County of Volusia privileged health information in accordance with federal and state law, for the purpose of billing for reimbursable expenses with the expectation of billable administrative expenses not to exceed 10% of receivables. 8. Indemnify and hold harmless, to the extent permitted by Section 768.28(19), Florida Statutes, the County of Volusia, for claims that may arise from the applicant's negligent provision or failure of provision of services under this program. Such indemnification shall include, damages; costs; attorney's fees; expense of defense and investigation; and any other cost or expense of whatsoever nature caused by the negligence of the applicant. Nothing contained herein shall be construed to create or provide any remedy, right, claim, liability or cause of action for any third parties. Additionally, nothing herein shall be deemed to affect the rights, privileges and immunities of the Applicant as set forth in Section 768.28, Florida Statutes. By the below signature on this application, the applicant affirms all of the above requirements have been met and will be maintained for the duration of the municipality's participation in the contingency emergency medical transport program. CHIEF ADMINISTRATIVE OFFICER (PRINT) CHIEF ADMINISTRATIVE OFFICER (SIGNATURE) DATE Tracey T. Barlow April 4 2011 Rolling Stock Apparatus Identification Physical address where vehicle is maintained Vehicle Type Make Model Year of Mfg. Vehicle Identification Number IN N Tag Number Mileage Rescue -55 2628 Hibiscus Drive, EW Rescue International 4300 1993 1 HTSLPHL7PH470404 226460 178111 Rescue -57 2628 Hibiscus Drive, EW Rescue International 2010 IHTMNAALXAH245377 XB9667 5127 * -- Credentials include the credentials itemized for emergency medical technicians and paramedics below and other documentation as may be determined by the Volusia County EMS Division. Emergency Medical Technician -Basic (EMT -B) Florida drivers' license. Driver history from Department of Motor Vehicles. Certificate of completion for an approved sixteen -hour Emergency Vehicle Operators Course. Florida Department of Health EMT -B certification. Basic Life Support for the Healthcare provider (CPR). Emergency Medical Technician - Paramedic (EMT -P) 1. Florida drivers' license. 2. Driver history from Department of Motor Vehicles. 3. Certificate of completion for an approved sixteen -hour Emergency Vehicle Operators Course. 4. Florida Department of Health EMT -P certification. 5. Basic Life Support for the Healthcare provider (CPR). 6. Advanced Cardiac Life Support provider. 7. Medical director - approved trauma credential (e.g., International Trauma Life Support, Prehospital Trauma Life Support). 8. Medical director - approved pediatric credential (e.g., Pediatric Advanced Life Support, Pediatric Education for Prehospital Professionals). AGENDA REQUEST C.A. #2011 - FMKT -01 Date: April 7, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS April 18, 2011 ITEM DESCRIPTION: The City staff is requesting approval for the use of banner signs to advertise the Edgewater Farmers Market, along fences of the baseball and soccer fields for sponsorships and any upcoming events for the amphitheater. APPLICANT /AGENT: City of Edgewater REQUESTED ACTION: Approve the use of banner signs to advertise the Edgewater Farmers Market, along fences of the baseball and soccer fields for sponsorships and any upcoming events for the amphitheater. BACKGROUND: Pursuant to Section 21- 63.02(0 of the City of Edgewater Land Development Code, City Council may approve banners that do not comply with the requirements of Section 21 -63.02 (Banner Signs) for citywide functions. The proposed banner signs will be located at the Farmers Market, amphitheater and on fences of both the baseball and soccer fields. STAFF RECOMMENDATION: Staff recommends approving the use of banner signs to advertise the Edgewater Farmers Market, along fences of the baseball and soccer fields for sponsorships and any upcoming events for the amphitheater. ACTION REQUESTED: Motion to approve the use of banner signs to advertise the Edgewater Farmers Market, along fences of the baseball and soccer fields for sponsorships and any upcoming events for the amphitheater. FINANCIAL IMPACT:(Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM # Respect rill ly submitted Concurrence: i Darr ° n Lear � � ' Robin L. Matusick Development Services Director Paralegal Trace T. Barlow Cit anager AGENDA REQUEST Date: April 6, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS April 18, 2011 ITEM DESCRIPTION: Request to Purchase a Kenworth T370 Garbage Truck from Kenworth of Central Florida in the amount of $134,047.00 BACKGROUND: The Refuse Division of the Environmental Services Department has budgeted $120,000 for the purchase of a replacement Garbage Truck. The new emissions requirements for 2011 have increased the costs of large vehicles tremendously. After a great deal of research, the Florida Sheriffs Bid remains the lowest price at $134,047. STAFF RECOMMENDATION: Approval to purchase a Kenworth T370 Garbage Truck from Kenworth of Central Florida in the amount of $134,047.00 piggybacking the Florida Sheriffs Bid 10 -18 -0907 and approving the required budget amendment. ACTION REQUESTED: A motion to approve the purchase of a Kenworth T370 Garbage Truck from Kenworth of Central Florida in the amount of $134,047.00, piggybacking the Florida Sheriffs Bid 10 -18 -0907 and approving the required budget amendment. FINANCIAL IMPACT: (Finance Director) $134,047.00 Line Item 447 - 5555 - 580.64 -20 & 447 - 5555 - 589.10 -01 (SPECIFY IF B DGET AMENDMENT IS REQUIRED) YES XX NO ir Jo ' McKinney, Finance Director PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM # Respectfully submitted, Concurrence: ttCJc_ renda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal f Tracey arlow City Manager MARCH 23, 2011 KENWORTH OF CENTRAL FLORIDA CITY OF EDGEWATER 1800 N.ORANGE BLOSSOM TRAIL 409 MANGO TREE DRIVE ORLANDO, FL. 32804 EDGEWATER, FLORIDA 32132 407 - 425 -3170 Ext 107 386 -424 -2479 PREPARED BY: RICH SGUEGLIA PREPARED FOR: BOB IASIMONE Florida Sheriffs Bid 10 -18 -0907 Spec # 47 - 30,000lb GVW TRUCK (1) UNIT — KENWORTH T370 — 18YD REAR LOADER Description Bid Specification Option Upgrade Price Extension Base Specification 2011 Kenworth T370 66,385.00 66,385.00 2010 Engine / Trans ISB -200/ 2500RDS PX8 -300 / 3500RDS 9,957.00 9,957.00 Steering Column Optional Tilt / Telescope 331.00 331.00 Air Horn Optional Include 101.00 101.00 Safety Kit Optional Fire Ext / Reflector Kit 106.00 106.00 Rear Stabilizer Optional Include 960.00 960.00 Aux Rear Springs Optional Include 405.00 405.00 Body Optional Neway Viper 20yd REL 50,507.00 50,507.00 Unpublished Discount to 18 yd REL - 1,139.00 - 1,139.00 GVW Upgrade 30,000 lb. 33,000 lb. GVW: PX6- 6,111.00 6,111.00 3500RDS Rear Corner Unpublished Include 323.00 323.00 Windows 0.00 0.00 Fl Sheriffs Admin Fee 0.00 0.00 Reference: Pages: 1020 -1022 KENWORTH Specs 0.00 0.00 Pages: 1047 -1056 Total Price $134,047.00 $134,047.00 Purchaser Date Salesman Date w KENWORTH Kenworth of Central Florida K680 CITY OF EDGEWATER 1800 North Orange Blossom Trai 409 MANGO TREE DR Orlando, Florida United States 32804 EDGEWATER, Florida United States 32132 Phone: (407) 425-3170 Phone: (386) 566 -1436 Fax: Fax: Email: rich.sgueglia @kwcf.net Contact Email: biasimone @cityofedgewater.org Prepared for: BOB IASIMONE Vehicle Summary Unit Chassis Model: T300 Series Conventional. Fr Axle Load (Ibs): 12000 Type: FULL TRUCK Rr Axle Load (Ibs) 23360 Description: T370 GARBAGE TRUCK G.C.W. (Ibs): 35360 Application Road Conditions: Intended Serv.: Refuse packer. Vehicles Class A (Highway) 15 which pick up refuse or Commodity: Refuse /recycled materia Class B (Hwy /Mtn) 85 Class C (Off -Hwy) 00 Body Class D (Off -Road) 00 Type: Refuse loader /packer Maximum Grade: 6 Length (ft): 20.0 Wheelbase (in): 189 Height (ft): 12.0 Fr Axle to BOC (in): 68 Max Laden Weight (Ibs): 14300 Cab to Axle (in): 121 Cab to EOF (in): 171 Trailer No. of Trailer Axles: 0 Type: Length (ft): 0.0 Special Req. Height (ft): 0.0 U.S. Domestic Registry, 50 -State Kingpin Inset (in): 0 Comer Radius (in): 0 Restrictions Length (ft): 120 Width (in): 102 Height (ft): 15.0 Approved by: Date: Note: All sales are F.O.B. designated plant of manufacture. Ask your dealer for a quote today, or visit our website @ www_paccarfinancial.com. NANO I L PACCAR Financial offers innovative finance, lease and insurance programs customized to meet your needs. Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR Printed: 3/22/2011 4 :24:53 PM Complete Model Number. T300 Series Conventional. Effective Date: Jan 1, 2011 Quote /DTPO /CO: Q32168298 Prepared by: Rich M Sgueglia Version Number: 26.03 35345 -8A11 -0424 Page 1 of 8 KENWORTH Kenworth of Central Florida K680 CITY OF EDGEWATER 1800 North Orange Blossom Trai 409 MANGO TREE DR Orlando, Florida United States 32804 EDGEWATER, Florida United States 32132 Phone: (407) 425 -3170 Phone: (386) 566 -1436 Fax: Fax: Email: rich.sgueglia @kwcf.net Contact Email: biasimone @cityofedgewater.org Prepared for: BOB IASIMONE Data Code Description $ List Weight Model 0000310 0 T300 Series Conventional. 70,299 9,759 Electric Door locks LH /RH; Ignition & doors keyed alike; Single electric horn; Single -piece windshield; Electric windshield wipers, 2 -speed plus intermittent; Electric windshield washers; Steering wheel 18in. 4- spoke; Glovebox door with locking latch; Dash - mounted cruise control with switches;Tum signal switch with column- mounted dimmer, Standard dash panels include gray w/ burl wood accents; Slate Gray interior primary color; Dark Slate Gray seat color; Floormat; Inside sunvisor, LH /RH; Door courtesy lights; Under-dash center console with 1 cup holder, 1 ashtray & 1 lighter. 0070006 0 T370 Class 7: medium -duty Conventional. 0 0 0080050 0 CARB Idle Emissions Reduction Feature for PX-6 & 100 0 PX - 8. 0090015 0 Medium -duty 4x2 automatic. 0 0 0091260 0 Refuse /recycled materia 0 0 0093095 0 Refuse packer. Vehicles which pick up refuse or 0 0 recycled material from curbside containers in residential areas. Operation typically includes very frequent stops & starts. Unloading can be at transfer station or at landfill. Road usage: some Class B required, with maximum of 5% Class D. 0095070 0 Refuse loader /packer 0 0 0098025 0 U.S. Domestic Registry, 50 -State 0 0 Engine & Equipment 0129300 0 PACCAR PX-8 300 2010 300 @2000 285@2200 860 @1400. 8,052 555 Includes turbo exhaust brake, no code is used. Diagnostic Plug for data link, Oil Cooler, Aluminum Flywheel Housing. N09020 P02 Yes...Cruise Control Auto Resume N09040 PO4 No....Auto Engine Brake in Cruise N09060 P06 Yes...Gear Down Protection N09100 P11 Yes...Engine Protection Shtdwn N09120 P14 59... -Max Vehicle Speed in Top Gea N09140 P19 59....Max Cruise Control Speed N09160 P26 1400..Max PTO Speed N09180 P10 Yes...Idle Shtdwn N09200 P32 8 Idle Shtdwn Time N09220 P33 No....Idle Shtdwn Override 1000158 0 Prospector version 26.0 supersedes version 0 0 25.1. Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: 3/22/2011 4:24:53 PM Complete Model Number: T300 Series Conventional. Effective Date: Jan 1, 2011 Quote/DTPO /CO: Q32168298 Prepared by: Rich M Sgueglia Version Number: 26.03 35345 -8A11 -0424 Page 2 of 8 '! K ORT H Data Code Description $ List Weight 1002060 S Air compressor: Cummins 18.7 CFM, ISC,ISL, ISM & 0 0 ISX, PX - 6, PX - 8 & Westport GX. 1031130 S Air Cleaner: Dry - type firewall mounted w /filter 0 0 restriction indicator. 1121200 S ___. Cooling module: 1000 square inches 0 0 T170/T270/T370/T470. 1247195 0 RH under cab SCR for PX w/ single vertical RH 115 101 SOC tailpipe. 1290136 0 Tailpipe: 5 In. single 36 in. 45 degree curved. 0 1 1323109 0 Fleetguard filter/Water separator FS1003 w/WIF 0 0 (water in fuel) sensor. For PACCAR PX - 8 or Cummins ISL engines. 1816160 0 Alternator: 160 amp brush type T3 & T4 193 0 1821220 S Batteries: 2 PACCAR GP31 threaded post (700) 1400 0 0 CCA dual purpose. 12 -VOLT LIGHT SYSTEM W /CIRCUIT PROTECTION 1836100 S Starter: PACCAR 12 volt electrical system. W/ centralized power distribution incorporating plug -in style relays. Circuit protection for serviceability, 12 -volt light system w /circuit protection circuits number & color coded. 1900082 0 Multi - function engine connector for body builder 43 0 interface for Cummins. 1900976 0 Body builder harness to end - of - frame for 50 0 customer - installed throttle control. Transmission & Clutch 2011122 0 Transmission: Allison 3500RDS 6 -speed 8,865 291 w /PTO drive gear. Limited to 860 lb. -ft. Includes heat exchanger & oil level sensor. Rugged Duty Series for vocational applications. Transynd transmission fluid is standard on all Allison 1000, 2000, 3000 & 4000 series transmissions. 2401405 0 Driveline: 2 standard -duty; 1 centerbearing. 503 77 2409916 0 One heavy -duty centerbearing crossmember. _ 78 11 This option upgrades an existing crossmember. The cost does not include the centerbearing and bracket. Crossmember location will be in accordance with Kenworth engineering standards, using the major components specified on the DTPO. 2410018 0 Torque converter included w /Allison 0 0 Transmission. 2410061 0 Auto neutral for Allison - single input. 10 0 Front Axle & Equipment 2502203 0 Dana Spicer E -12021 Front Axle rated 12K 0 0 3 -1 /2in. drop. �..._ 2603006 S Front brakes included w/ front hub package. __.__.___ . 0 ...__. _ __. 0 2659047 0 Front dustshield: for drum brakes: 52 6 all front axles_ Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR.__ Printed: 3/22/2011 4:24:53 PM Complete Model Number: T300 Series Conventional. Effective Date: Jan 1, 2011 Quote/DTPO /CO: Q32168298 Prepared by: Rich M Sgueglia Version Number. 26.03 35345 -8A11 -0424 Page 3 of 8 KENWORTH Data Code Description $ List Weight 2701000 S Air Brake: 14,600 Ib. package includes 0 0 16 -1/2 x5 brakes, cast drums, aluminum 10 -bolt hub pilot LMS hubs, hubcaps, oil seals & automatic slack adjusters. For use w/ 22- 1 /2in. wheels. 2863015 0 Front Springs: Taperleaf 12K w/ shock absorber — 60 12 for use on 2010+ chassis w/ 22.5in. wheels only. 2893071 S Single power steering gear: 13.2K TRW THP60 for 0 0 air brakes. Use only w/ 2010+ chassis. Rear Axle & Equipment 3061190 0 Single Dana Spicer S26 -190 rear axle; 26K 1,931 324 capacity rated at 26K. Single rear axle. 3200614 0 Rear Axle Ratio - 6.14. 0 0 3300000 S Single rear brakes included w /rear hub package. 0 0 3403003 0 26K air brake package includes 16 -1!2x7 in. 32 0 brakes, cast drums, iron 10 -bolt hub pilot hubs, slack adjusters and oil seals for use w/ 22.5 in. wheels. 3485009 S Spring Brake: 3030 high output single. 0 0 3490047 0 Dustshietds for drum brakes: all rear axles. 62 11 3495226 S Bendix 4S /4M anti -lock brake system. 0 0 Current generation ECU is Bendix ABS 6. 3646417 0 Rear suspension: single Reyco 79KB 26K. Multileaf 486 119 helper spring medium - duty. Unladen Height: 11.3 in. Laden Height: 8.2 in. 3836300 0 Rear axle stabilizer bar for Reyco 79KB. 1,098 66 3836315 0 Heavy -duty rear suspension crossmembers for Reyco 62 41 79KB. This replaces the T3 standard. Tires & Wheels 4079023 0 Front tires: Bridgestone R250F 11R22.5 14PR. - 69 4 41.3 in. diameter, all position. F =side wall protector bar. For P &D & construction vocations. 19.3 in. SLR. 4279023 0 Rear tires: Bridgestone R250F 11R22.5 14PR. - 86 8 41.3 in diameter, all position. F =side wall protector bar. For P &D & construction vocations. 19.3 in. SLR. Code is priced per pair of tires. 4900004 0 Rear Tire Quantity: 4 0 0 5042243 0 Front wheel: Accuride 50344PW 22.5x8.25 75 26 heavy -duty 5 hand -hole hub pilot mount, white e-coat, 80001b. maximum rating. 524224 Rear wheel: Accuride 50344PW 22.5x8.25 heavy - duty 150 52 5 hand -hole hub pilot mount, white e-coat, 8000 Ib. maximum rating. Code is priced per pair of wheels. 5900004 0 Rear Wheel /Rim Quantity: 4 0 0 Frame & Equipment Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: 3/22/2011 4:24:53 PM Complete Model Number: T300 Series Conventional. Effective Date: Jan 1, 2011 Quote /DTPO /CO: Q32168298 Prepared by: Rich M Sgueglia Version Number: 26.03 35345 -8A1 I -0424 Page 4 of 8 w , 1:: Data Code Description $ List — Weight 6054250 0 Frame Rails: 10 -5/8 x 3 -1/2 x 5/16 in. Steel to 0 114 308 in. Truck frame weight is 2.91 lb.-in. per pair of rails. Section modulus is 14.80 cu.in., RBM is 1,776,000 in -Ibs per rail. 120,000 PSI yield. Heat treated. Frame rail availability may be restricted based upon application, axle /suspension capacity, fifth wheel setting, or component/dimensional specifications. The results of the engineering review may result in a change to the requested frame rail. If a change is required Kenworth Application Engineering will advise the dealer of the appropriate material specification for a substitute rail. _ 6279005 0 Locate Partial Frame Inserts under cab to �� _ 0 _ 0 end - of - frame. _ 6289325 0 Partial Steel Insert: 10 - 5/8 in. or 10 in. _� 1,286 5 steel over 10 ft to 25 ft or partial 2nd insert for 11 -5/8 in. steel rail. Adds 1,149,000 in-lb to main rail RBM. Truck insert weight is 2.05 lb.-in. per pair of rails. _ 6308710 S Bumper: Aerodynamic, Painted. Requires a 0 0 bumper setting code. 6319409 S 40.9 in. Bumper setting. Requires a bumper code. 0 0 6321005 0 Removable Front Tow Hooks: 2. 125 15 6390103 S Front mudflaps. 0 0 u_ 6404406 S Battery box: Steel parallel under w/ aluminum 0 0 diamond plate cover w/ step w/ aluminum step brackets. _ _ T _ __ 6409901 0 Battery box location: LH Side. 0 0 6451059 0 T270/370 Non - polished 2010 DPF /SCR cover: w /cab ^ __ __ 0 0 access step assembly, RH under. 6490096 0 One bolted aluminum crossmember for center frame: 64 - 11 Replacing T3 standard. 6490098 0 One bolted aluminum crossmember for rear frame: 52 - 11 Replacing T3 standard. 6490430 0 One bolted rear cab crossmember: Replacing T3 90 17 standard. 6742009 S Square end -of -frame w/ o crossmember;non - towing. 0 0 Fuel Tanks & Equip 7014056 0 Fuel Tank: 56 US gallon 22in. aluminum BOC 373 - 45 replace. Class 8 fuel tank includes an anti - siphon device on the filler neck. 7722010 0 Small round DEF tank. 9 gallons of 88 0 useable volume. The tank will be located just rearward of the under cab component on the side you specified, but will not be displayed in the Prospector graphic. Required capacity is calculated by fuel capacity of the vehicle and is a minimum of 6% by volume. This capacity will accommodate two diesel re- fillings for every DEF re- filling. 7889604 0 DEF tank location is on the LH. 0 0 7940056 0 Location: 56 gal fuel tank LH behind cab 0 0 Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: 3/22/2011 4:24:53 PM Complete Model Number: T300 Series Conventional_ Effective Date: Jan 1, 2011 Quotte/DTPO /CO: 032168298 Prepared by: Rich M Sgueglia Version Number: 26.03 35345 -8A11 -0424 Page 5 of 8 { KENWORTH Data Code Description $ List Weight Cab & Equipment 8024310 S Cab: Curved Glass Conventional. 0 0 C500 includes heavy -duty reinforcements. Cab Includes aluminum & fiberglass fully hucked cab w/ all aluminum bulkhead doors & continuous stainless steel piano -style door hinges. Single electric hom. Incandescent exterior lights include diagnosable bulb detection and warning. Trailer cable on tractors includes integrity detection. Standard features include multiplex wiring for interior lights, automated pre -trip inspection, short and open check diagnostics, and programmable daytime running lights. Warning alarm will sound when lights are left on. 8090310 S Hood: Sloped aerodynamic hood includes 0 0 grill & separate bumper. 8108010 S Cab heater: Wlintegral defrosters & A/C 45,000 0 0 btu cab heater. No sleeper heater /AC. Includes 5 mode rotary control. T660 include filter media. 8201200 0 Adjustable telescoping tilt steering column. 378 8 8282009 S Instrument package: includes speedometer, 0 0 tachometer, fuel gauge, engine coolant temperature gauge, engine oil pressure, voltmeter. Class 8 also includes primary & secondary air reservoir gauges & an air application gauge. DEF level gauge and waming lamp are included with 2010 engines. Engine hour meter and outside air temperature readouts are standard. Primary read out will be MPH. Add 8240620 to switch primary scale to KPH in Canada. 8330003 S Cab interior: Pinnacle. includes vinyl headliner 0 0 & cab back panel, slate gray interior, dark slate gray seats, floormats, LH/RH inside sunvisor & door courtesy lights. 8410181 0 Driver seat: Kenworth Air cushion Plus Ili vinyl. 23 0 Standard features includes 7 in. fore and aft slide adjustment w /isolator, 6- 23 degree recline, air suspension with cover, dual armrests, and single chamber air lumbar support. Seat cushion is 20 inches wide w/ 2- position tilt and 2- position front cushion extension. Seat material has a horizontal stitch pattern and is 2 -tone in color. Seat back is carpeted. Seat is manufactured by National. Includes inside visor and retractable 3 -point matching seat belts. Black seat belts for T700, gray on all other models. 8478330 0 Rider seat: 2 man bench vinyl. 468 61 Standard features include 34.5 in. wide 2 -tone seat cushion w/ fixed base. Armrests are not available. Seat back is carpeted. Includes inside visor and retractable 3 -point matching seat belts. Black seat belts for 1700, gray on all other models. _ 8601406 0 Kenworth radio: AM /FM/weather band. W /LED 253 4 lighting. 8700154 0 Self cancelling tum signal: W /head light dimmer 15 0 switch . 8800200 S T Cab access contoured grabhandles, LH /RH. 0 0 8832112 S Daytite doors, Includes RH peeper window. 0 0 Ignition and doors are keyed alike. Electric locks are standard on both cab doors. Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR _ Printed: 3/22/2011 424:53 PM Complete Model Number: T300 Series Conventional_ Effective Date: Jan 1, 2011 Quote/DTPOICO: Q32168298 Prepared by: Rich M Sgueglia Version Number: 26.03 35345 -8A11 -0424 Page 6 of 8 KEN WORTH Data _ Code - Description $ List Weight 8841618 0 Dual rectangular air horn 23 in. LH & RH top of 193 11 roof. Includes air hom covers. 8850300 S Single convex mirror 8 - 1/2 in. x 4 - 7/16 in. 0 0 located on rider side. 8865001 0 Mirror: Dual Kenworth aerodynamic heated 309 26 mirrors 7 in. x 13 in. w/ chrome shell. LH /RH convex mirrors 5 in. x 7 in. heated. Mirror brackets set for 8 1/2 ft load width, switch located on door pad. __ 8879213 0 Electric powered LH & RH door window lifts. 87 4 Switch located on door. 8879911 0 Two corner & one rear cab stationary windows ._____ 323_ 24 17.5 in. x 16 in. (two) & 17 in. x 36 in. (one). Lights & Instruments 9010801 S Headlamps: Low beam dual complex reflector, 0 0 high beam halogen. 9022137 0 Marker Lights: Five, rectangular, LED 88 0 9030010 S Turn Signal Lights: Mounted on fender 0 0 9070138 S Combination Stop, Tail Turn & Backup Lights RH 0 0 & LH. 9090000 0 Daytime Running Lamps. 148 0 9090312 0 Body Builder Harness: Provides harness to extend 75 0 tail, turn, stop & marker light circuits from standard body builder connector BOC to the end -of- frame. There is a plug on the chassis end & the opposite end is just wires. 9090845 0 Circuit Breakers: Replacing fuses. Does not 33 0 apply to any 5 -amp fuse box position. Breakers include stop /brake /tum, tail Tamp, high & low beams, marker /clearance lamps, hom, fuel heat, gauges, wipers, air dryer, HVAC controls, panel lamps. Air Equipment 9101210 S Air Dryer: Bendix AD -IS heated. 0 0 Extended Warranty 9200113 0 Severe Service Medium -duty Warranty: 1 -year/ 0 0 unlimited miles. 9210211 0 2010 EPA medium duty Surcharge $7000. 7,000 0 Miscellaneous 9490003 0 Additional lead time required for off highway & 0 0 /or speciality component truck. 9490206 0 Triangle reflector kit. Kit consists of 3 25 4 triangles in plastic carrying case. 9490404 O y One 5 Ib. dry chemical type fire extinguisher 96 11 mounted outboard of driver seat. Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: 3/22/2011 4:24:53 PM Complete Model Number: T300 Series Conventional. Effective Date: Jan 1, 2011 Quote /DTPO /CO: 032168298 Prepared by: Rich M Sgueglia Version Number: 26.03 35345 -8A11 -0424 Page 7 of 8 } KENWORTH Data Code Description $ List Weight Paint 9700000 0 Paint color number. 0 0 N97020 A - N0006EA WHITE N97200 FRAME N0001 EA BLACK 9943119 S Imron solid 1 color non -steeper Spec A. 0 0 9960011 0 Single Stage Paint replaces standard. - 98 0 The Kenworth Color Selector contains additional instructions, as well as information on Kenworth paint guidelines and surface finish applications. Kenworth is standard with Dupont Imron Elite paint. Total Adjusted Price (W /O Freight & Warranty & Surcharges) $96,655 Freight Charge $1,825 Options Not Subject to Discount $0 2010 EPA Engine Surcharge Not subject to Discount $7,000 Total Weight 12266 Prices and Specifications Subject to Change Without Notice. • Unpublished options may require reviewlapprovai. _ ~ ... ._- ._.w.. -- . _ --- Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: 3/22/2011 4:24:53 PM Complete Model Number: T300 Series Conventional. Effective Date: Jan 1, 2011 Quote /DTPO /CO: Q32168298 Prepared by: Rich M Sgueglia Version Number: 26.03 35345 -8A11 -0424 Page 8 of 8 AGENDA REQUEST Date: April 6, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS April 18, 2011 ITEM DESCRIPTION: Request to Purchase a Kenworth T370 Grapple Truck from Kenworth of Central Florida in the amount of $138,945.00 BACKGROUND: The Refuse Division of the Environmental Services Department has budgeted $135,000 for the purchase of a replacement Grapple Truck. The new emissions requirements for 2011 have increased the costs of large vehicles tremendously. After a great deal of research, the Florida Sheriffs Bid remains the lowest price at $138,945. STAFF RECOMMENDATION: Approval to purchase a Kenworth T370 Grapple Truck from Kenworth of Central Florida in the amount of $138,945.00 piggybacking the Florida Sheriffs Bid 10 -18 -0907 and approving the required budget amendment. ACTION REQUESTED: A motion to approve the purchase of a Kenworth T370 Grapple Truck from Kenworth of Central Florida in the amount of $138,945.00, piggybacking the Florida Sheriffs Bid 10 -18 -0907 and approving the required budget amendment. FINANCIAL IMPACT: (Finance Director) $138,945.00 Line Item 447 - 5555 - 580.64 -20 & 447 - 5555 - 589.10 -01 (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES XX NO In t Jo McKinney, Finance Director PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM # Respectfully s Concurrence: IzrriZt renda L. Dewees Robin L. Matusick Director of Environmental Services Paralegal Via. Ja Tracey Aarlow City Manager MARCH 23, 2011 KENWORTH OF CENTRAL FLORIDA CITY OF EDGEWATER 1800 N.ORANGE BLOSSOM TRAIL 409 MANGO TREE DRIVE ORLANDO, FL. 32804 EDGEWATER, FLORIDA 32132 407 -425 -3170 Ext 107 386 - 424 -2479 PREPARED BY: RICH SGUEGLIA PREPARED FOR: BOB IASIMONE Florida Sheriffs Bid 10 -18 -0907 Spec # 47 - 30,000lb GVW TRUCK (1) UNIT — KENWORTH T370 — 24 Yard Grapple Description Bid Specification Option Upgrade Price Extension Base Specification 2011 Kenworth T370 66,385.00 66,385.00 2010 Engine / Trans ISB -200/ 2500RDS PX8 -300 / 3500RDS 9,957.00 9,957.00 Steering Column Optional Tilt / Telescope 331.00 331.00 Double Frame Optional Include 1,780.00 1,780.00 Air Horn Optional Include 101.00 101.00 Safety Kit Optional Fire Ext / Reflector Kit 106.00 106.00 Rear Stabilizer Optional Include 960.00 960.00 Aux Rear Springs Optional Include 405.00 405.00 Backup Alarm Optional Include 86.00 86.00 Body Optional Grapple Pac Mac KB- 51,193.00 51,193.00 20H TB -1824 Wheel Base Optional 180" cab to axle 244" 1,207.00 1,207.00 wheel base GVW Upgrade 30,000 lb. 33,0001b. GVW: PX6- 6,111.00 6,111.00 3 500RDS Rear Corner Unpublished Include 323.00 323.00 Windows 0.00 0.00 Note: All Options Include 1 /2% Fl Sheriffs Admin Fee 0.00 0.00 Reference: Pages: 1020 -1022 KENWORTH Specs 0.00 0.00 Pages: 1047 -1056 Total Price $138,945.00 $138,945.00 Purchaser Date Salesman Date till KENWORTH W __ Kenworth of Central Florida K680 CITY OF EDGEWATER 1800 North Orange Blossom Trai 409 MANGO TREE DR Orlando, Florida United States 32804 EDGEWATER, Florida United States 32132 Phone: (407) 425 -3170 Phone: (386) 566 -1436 Fax: Fax: Email: rich.sgueglia @kwcf.net Contact Email: biasimone @cityofedgewater.org Prepared for: BOB IASIMONE Vehicle Summary Unit Chassis Model: T300 Series Conventional. Fr Axle Load (Ibs): 12000 Type: FULL TRUCK Rr Axle Load (Ibs) 23360 City of Edgewater T370 G.C.W. (lbs): 35360 Description: Grapple ( ) Application Road Conditions: Intended Serv.: Refuse packer. Vehicles Class A (Highway) 15 which pickup refuse or Commodity: Refuse /recycled materia Class B (Hwy /Mtn) 85 Class C (Off -Hwy) 00 Body Class D (Off -Road) 00 Type: Refuse loader /packer Maximum Grade: 6 Length (ft): 20.0 Wheelbase (in): 254 n): 68 12.0 Fr Axle to BOC i Height (ft): (� Max Laden Weight (lbs): 14300 Cab to Axle (in): 186 Cab to EOF (in): 282 Trailer No. of Trailer Axles: 0 Type: Length (ft): 0.0 Special Req. Height (ft): 0.0 U.S. Domestic Registry, 50 -State Kingpin Inset (in): 0 Comer Radius (in): 0 Restrictions Length (ft): 120 Width (in): 102 Height (ft): 15.0 Approved by: Date: Note: All sales are F.O.B. designated plant of manufacture. Ask your dealer for a quote today, or visit our website @ www.paccarfinanciai.com. PAR FINANCIAL PACCAR Financial offers innovative finance, lease and insurance programs customized to meet your needs. • Unpublished options may require review/approval. Dimensional and performance data for unpublished options may vary from that displayed In PROSPECTOR. Printed: 3/23/2011 3:17:49 PM Complete Model Number: T300 Series Conventional. Effective Date: Jan 1, 2011 Quote/DTPO /CO: Q85568108 Prepared by: Rich M Sgueglia Version Number: 26.03 410674- 64432 -0098 Page 1 of 8 KENWORTH Kenworth of Central Florida K680 CITY OF EDGEWATER 1800 North Orange Blossom Trai 409 MANGO TREE DR Orlando, Florida United States 32804 EDGEWATER, Florida United States 32132 Phone: (407) 425 -3170 Phone: (386) 566 -1436 Fax: Fax: Email: rich.sgueglia @kwcf.net Contact Email: biasimone @cityofedgewater.org Prepared for: BOB IASIMONE Data Code Description $ List Weight Model 0000310 0 T300 Series Conventional. 70,299 9,759 Electric Door locks LH /RH; Ignition & doors keyed alike; Single electric horn; Single -piece windshield; Electric windshield wipers, 2 -speed plus intermittent; Electric windshield washers; Steering wheel 18in. 4- spoke; Glovebox door with locking latch; Dash - mounted cruise control with switches;Tum signal switch with column- mounted dimmer, Standard dash panels include gray w/ burl wood accents; Slate Gray interior primary color; Dark Slate Gray seat color; Floormat; Inside sunvisor, LH /RH; Door courtesy lights; Under -dash center console with 1 cup holder, 1 ashtray & 1 lighter. 0070006 0 T370 Class 7: medium -duty Conventional. 0 0 0080050 0 CARB Idle Emissions Reduction Feature for PX -6 & 100 0 PX - 8. 0090015 0 Medium -duty 4x2 automatic. 0 0 0091260 0 Refuse /recycled materia 0 0 0093095 0 Refuse packer. Vehicles which pick up refuse or 0 0 recycled material from curbside containers in residential areas. Operation typically includes very frequent stops & starts. Unloading can be at transfer station or at landfill. Road usage: some Class B required, with maximum of 5% Class D. 0095070 0 Refuse loader /packer 0 0 0098025 0 U.S. Domestic Registry, 50 -State 0 0 Engine & Equipment 0129300 0 PACCAR PX -8 300 2010 300@2000 285@2200 860 @1400. 8,052 555 Includes turbo exhaust brake, no code is used. Diagnostic Plug for data link, Oil Cooler, Aluminum Flywheel Housing. N09020 P02 Yes...Cruise Control Auto Resume N09040 PO4 No....Auto Engine Brake in Cruise N09060 P06 Yes...Gear Down Protection N09100 P11 Yes...Engine Protection Shtdwn N09120 P14 59....Max Vehicle Speed in Top Gea N09140 P19 59....Max Cruise Control Speed N09160 P26 1400..Max PTO Speed N09180 P10 Yes...Idle Shtdwn N09200 P32 8 Idle Shtdwn Time N09220 P33 No....Idle Shtdwn Override 1000158 0 Prospector version 26.0 supersedes version 0 0 25.1. Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: 3/23 /2011 3:17:49 PM Complete Model Number: T300 Series Conventional_ Effective Date: Jan 1, 2011 Quote /DTPO /CO: 085568108 Prepared by: Rich M Sgueglia Version Number. 26.03 410674 -64432 -0098 Page 2 of 8 KENWORTH Data Code Description $ List Weight 1002060 S Air compressor: Cummins 18.7 CFM, ISC,ISL, ISM & 0 0 ISX, PX - 6, PX - 8 & Westport GX. 1031130 S Air Cleaner: Dry firewall mounted w /filter 0 0 restriction indicator. 1121200 S Cooling module: 1000 square inches — 0 0 T17011 1247140 0 Horizontal series SCR for PX w/ horizontal - 969 - 20 tailpipe below RH rail. 1323109 0 Fleetguard filter/Water separator FS1003 w/WIF 0 0 (water in fuel) sensor. For PACCAR PX - 8 or Cummins ISL engines. 1816160 0 Alternator: 160 amp brush type T3 & T4 193 0 1821220 S Batteries: 2 PACCAR GP31 threaded post (700) 1400 0 0 CCA dual purpose. 12 -VOLT LIGHT SYSTEM W /CIRCUIT PROTECTION 1836100 S Starter: PACCAR 12 volt electrical system. W/ 0 0 centralized power distribution incorporating plug -in style relays. Circuit protection for serviceability, 12 -volt light system w /circuit protection circuits number & color coded. 1900082 0 Multi function engine connector for body builder 43 0 interface for Cummins. 1900976 0 Body builder harness to end - of - frame for 50 0 customer - installed throttle control. Transmission & Clutch 2011122 0 Transmission: Allison 3500RDS 6 -speed 8,865 291 w /PTO drive gear. Limited to 860 lb. -ft. Includes heat exchanger & oil level sensor. Rugged Duty Series for vocational applications. Transynd transmission fluid is standard on all Allison 1000, 2000, 3000 & 4000 series transmissions. 2406802 0 Driveline: 3 SPL170XL 2 centerbearing 1,477 152 requires 3500057 interaxle driveline. 2409917 0 Two heavy - duty centerbearing crossmembers. 157 19 This option upgrades existing crossmembers. The cost does not include the centerbearing and bracket. Crossmember location will be in accordance with Kenworth engineering standards, using the major components specified on the DTPO. 2410018 0 Torque converter included w /Allison 0 0 Transmission. 2410061 0 Auto neutral for Allison - single input. 10 0 Front Axle & Equipment 2502203 0 Dana Spicer E -12021 Front Axle rated 12K 0 0 3 1/2in. drop. 2603006 S Front brakes included w/ front hub package. 0 0 2659047 0 Front dustshield: for drum brakes: 52 6 all front axles. _ _ _ �-__ Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. _w Printed: 3/23/2011 3:17:49 PM Complete Model Number: T300 Series Conventional. Effective Date: Jan 1, 2011 Quote/DTPO /CO: Q85568108 Prepared by: Rich M Sgueglia Version Number: 26.03 410674 -64432 -0098 Page 3 of 8 11 KENWORTH Data Code Description $ List Weight 2701000 S Air Brake: 14,600 lb. package includes 0 0 16-1/2 x5 brakes, cast drums, aluminum 10 -bolt hub pilot LMS hubs, hubcaps, oil seals & automatic slack adjusters. For use w/ 22- 1/2in. wheels. 2863015 0 Front Springs: Taperleaf 12K w/ shock absorber 60 12 for use on 2010+ chassis w/ 22.5in. wheels only. 2893071 S _� Single power steering gear: 13.2K TRW THP60 for 0 0 air brakes. Use only w/ 2010+ chassis. Rear Axle & Equipment 3061190 0 Single Dana Spicer S26 -190 rear axle; 26K 1,931 324 capacity rated at 26K. Single rear axle. 3200614 0 Rear Axle Ratio - 6.14. 0 0 3300000 S Single rear brakes included w /rear hub package. 0 0 3403003 0 26K air brake package includes 16 -112x7 in. 32 0 brakes, cast drums, iron 10 -bolt hub pilot hubs, slack adjusters and oil seals for use w/ 22.5 in. wheels. _ _ _ Y �__ 3485009 S Spring Brake: 3030 high output single. 0 0 3490047 0 Dustshieids for drum brakes: all rear axles. 62 11 3495226 S Bendix 4S /4M anti -lock brake system. 0 0 Current generation ECU is Bendix ABS 6. 3646417 0 Rear suspension: single Reyco 79KB 26K. Multileaf 486 119 helper spring medium - duty. Unladen Height: 11.3 in. Laden Height: 8.2 in. 3836300 0 Rear axle stabilizer bar for Reyco 79KB. 1,098 66 3836315 0 Heavy -duty rear suspension crossmembers for Reyco 62 41 79KB. This replaces the T3 standard. Tires & Wheels 4079023 0 Front tires: Bridgestone R250F 11R22.5 14PR. - 69 4 41.3 in. diameter, all position. F =side wall protector bar. For P &D & construction vocations. 19.3 in. SLR. 4279023 0 Rear tires: Bridgestone R250F 11R22.5 14PR. - 86 8 41.3 in diameter, all position. F =side wall protector bar. For P &D & construction vocations. 19.3 in. SLR. Code is priced per pair of tires. — 4900004 0 Rear Tire Quantity: 4 0 0 5042243 0 Front wheel: Accuride 50344PW 22.5x8.25 75 26 heavy -duty 5 hand -hole hub pilot mount, white e-coat, 80001b. maximum rating. 5242243 0 Rear wheel: Accuride 50344PW 22.5x8.25 heavy - duty 150 52 5 hand -hole hub pilot mount, white e-coat, 8000 Ib. maximum rating. Code is priced per pair of wheels. 5900004 0 Rear Wheel /Rim Quantity: 4 0 0 Frame & Equipment Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: 3/23/2011 3 :17:49 PM Complete Model Number: T300 Series Conventional. Effective Date: Jan 1, 2011 Quote /DTPO /CO: Q85568108 Prepared by: Rich M Sgueglia Version Number: 26.03 410674 -64432 -0098 Page 4 of 8 Y, KENWORTH Data Code Description $ List Weight 6054630 0 Frame Rails: 10-518 x 3 -1/2 x 5/16 in. Steel to 639 437 381 in. to 428 in. Truck frame weight is 2.91 lb.-in. per pair of rails. Section modulus is 14.80 cu.in., RBM is 1,776,000 in -Ibs per rail. 120,000 PSI yield. Heat treated. Frame rail availability may be restricted based upon application, axle /suspension capacity, fifth wheel setting, or component/dimensional specifications. The results of the engineering review may result in a change to the requested frame rail. If a change is required Kenworth Application Engineering will advise the dealer of the appropriate material specification for a substitute rail. 6279005 0 Locate Partial Frame Inserts under cab to 0 0 end -of- frame. 6289335 0 Partial Steel Insert: 10-518 in. or 10-3/4 in. 1,648 798 steel over 25 ft to 35 ft or partial 2nd insert for 11 -5/8 in steel rail. Adds 1,149,000 in-lb to main rail RBM. Truck insert weight is 2.05 lb.-in. per pair of rails. u 6308710 S Bumper: Aerodynamic, Painted. Requires a bumper setting code. 6319409 S 40.9 in. Bumper setting. Requires a bumper code. 0 0 6321005 0 Removable Front Tow Hooks: 2. 125 15 6390103 S Front mudflaps. 0 0 6404406 S Battery box: Steel parallel under w/ aluminum 0 0 diamond plate cover w/ step w/ aluminum step brackets. 6409901 0 Battery box location: LH Side. 0 0 6490096 0 One bolted aluminum crossmember for center frame: 64 - Replacing T3 standard. 6490098 0 One bolted aluminum crossmember for rear frame: 52 -11 Replacing T3 standard. 6490430 0 One bolted rear cab crossmember: Replacing T3 90 17 standard. 6497001 0 Clear frame space area: First - LH outside rail 25 0 only. Does not include fasteners or piping. Requires a supplemental length & location code. Sales tool graphics do not depict interference between requested location & other frame mounted components. The actual chassis layout will be determined at time of engineering. 6497010 0 Clear frame space area: Second - RH outside 25 0 only. Does not include BOC crossmember, fasteners or piping. Requires a supplemental length & location code. Sales tool graphics do not depict interference between requested location & other frame mounted components. The actual chassis layout will be determined at time of engineering. 6497360 0 Clear frame space length: First - 60 in. The 0 0 impact to other frame mounted components will be determined at time of engineering. 6497560 0 Clear frame space length: Second - 60 in. The 0 0 impact to other frame mounted components will be determined at time of engineering. w Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: 3/23/2011 3:17:49 PM Complete Model Number: T300 Series Conventional. Effective Date: Jan 1, 2011 Quote /DTPO /C0: Q85568108 Prepared by: Rich M Sgueglia Version Number. 26.03 410674- 64432 -0098 Page 5 of 8 KENWORTH Data Code Description $ List Weight 6498001 0 First clear space 1 in. behind cab 0 0 measured from rear cab face, regardless of sleeper presence 6499001 0 Second clear space 1 in. behind cab 0 0 measured from rear cab face, regardless of sleeper presence 6742009 S Square end -of -frame w/ o crossmember;non- towing. 0 0 Fuel Tanks & Equip 7210056 0 Fuel Tank: 56 US gallon 24.5in. aluminum under 933 -45 replace. 7722010 0 Small round DEF tank. 9 gallons of 88 0 useable volume. The tank will be located just rearward of the under cab component on the side you specified, but will not be displayed in the Prospector graphic. Required capacity is calculated by fuel capacity of the vehicle and is a minimum of 6% by volume. This capacity will accommodate two diesel re- fillings for every DEF re- filling. 7889603 0 DEF tank location is on the RH. y 0 0 7910056 0 Location: 56 gal fuel tank RH under cab 0 0 Cab & Equipment 8024310 S Cab: Curved Glass Conventional. 0 0 C500 includes heavy -duty reinforcements. Cab Includes aluminum & fiberglass fully husked cab w/ all aluminum bulkhead doors & continuous stainless steel piano -style door hinges. Single electric hom. Incandescent exterior lights include diagnosable bulb detection and warning. Trailer cable on tractors includes integrity detection. Standard features include multiplex wiring for interior lights, automated pre -trip inspection, short and open check diagnostics, and programmable daytime running lights. Waming alarm will sound when lights are left on. 8090310 S Hood: Sloped aerodynamic hood includes 0 0 grill & separate bumper. 8108010 S Cab heater: W /integral defrosters & A/C 45,000 0 0 btu cab heater. No sleeper heater /AC. Includes 5 mode rotary control_ T660 include fitter media. 8201200 0 Adjustable telescoping tilt steering column. 378 8 8282009 S Instrument package: Includes speedometer, 0 0 tachometer, fuel gauge, engine coolant temperature gauge, engine oil pressure, voltmeter. CIass 8 also includes primary & secondary air reservoir gauges & an air application gauge. DEF level gauge and warning lamp are included with 2010 engines. Engine hour meter and outside air temperature readouts are standard. Primary read out will be MPH. Add 8240620 to switch primary scale to KPH in Canada. 8330003 S Cab interior: Pinnacle. Includes vinyl headliner 0 0 & cab back panel, slate gray interior, dark slate gray seats, floormats, LH /RH inside sunvisor & door courtesy lights. Unpublished options may require review /approvals W M Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: 3/23/2011 3:17:49 PM Complete Model Number. T300 Series Conventional Effective Date: Jan 1, 2011 Quote /DTPO /CO: Q85568108 Prepared by: Rich M Sgueglia Version Number. 26.03 410674 -64432 -0098 Page 6 of 8 KENWORTH Data Code Description $ List Weight 8410181 0 Driver seat: Kenworth Air cushion Plus IB vinyl. 23 0 Standard features includes 7 in. fore and aft slide adjustment w/isolator, 6- 23 degree recline, air suspension with cover, dual armrests, and single chamber air lumbar support. Seat cushion is 20 inches wide w/ 2- position tilt and 2- position front cushion extension. Seat material has a horizontal stitch pattern and is 2 -tone in color. Seat back is carpeted. Seat is manufactured by National. Includes inside visor and retractable 3 -point matching seat belts. Black seat belts for T700, gray on all other models. 8480180 0 Rider seat: Kenworth Toolbox Plus IB vinyl. - 8 — - 4 W /dual armrests. 8601406 0 Kenworth radio: AM/FM/weather band. W /LED 253 4 lighting. 8700154 0 Self cancelling turn signal: W/head Tight dimmer 15 0 switch . _ 8800200 S Cab access contoured grabhandles, LH/RH. 0 0 8832112 S Daylite doors, includes RH peeper window. 0 0 Ignition and doors are keyed alike. Electric locks are standard on both cab doors. 8841618 0 Dual rectangular air horn 23 in. LH & RH top of 193 11 roof. Includes air horn covers. 8850300 S Single convex mirror 8 - 1/2 in. x 4 - 7/16 in. 0 0 located on rider side. 8865001 0 Mirror: Dual Kenworth aerodynamic heated 309 26 mirrors 7 in. x 13 in. w/ chrome shell. LH /RH convex mirrors 5 in. x 7 in. heated. Mirror brackets set for 8 1/2 ft load width. switch located on door pad. 8879213 0 Electric powered LH & RH door window lifts. 87 4 Switch located on door. 8879911 0 Two corner & one rear cab stationary windows 323 24 17.5 in. x 16 in. (two) & 17 in. x 36 in. (one). Lights & Instruments 9010801 S Headlamps: Low beam dual complex reflector, 0 0 high beam halogen. 9022137 0 Marker Lights: Five, rectangular, LED 88 0 9030010 S Turn Signal Lights: Mounted on fender 0 0 9070138 S Combination Stop, Tail, Turn & Backup Lights RH 0 0 & LH. 9090000 0 Daytime Running Lamps. 148 0 9090312 0 Body Builder Harness: Provides harness to extend 75 0 tail, turn, stop & marker light circuits from standard body builder connector BOC to the end -of- frame. There is a plug on the chassis end & the opposite end is just wires. Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: 3/23 /2011 3:17:49 PM Complete Model Number: T300 Series Conventional Effective Date: Jan 1, 2011 Quote /DTPO /CO: 085568108 Prepared by: Rich M Sgueglia Version Number: 26.03 410674- 64432 -0098 Page 7 of 8 KENWORTH Data Code Description $ List Weight 9090845 0 Circuit Breakers: Replacing fuses. Does not 33 0 apply to any 5 -amp fuse box position. Breakers include stop/brake/turn, tail lamp, high & low beams, marker /clearance lamps, horn, fuel heat, gauges, wipers, air dryer, HVAC controls, panel lamps. Air Equipment 9101210 S Air Dryer: Bendix AD -IS heated. 0 0 N9100 Please Mount Air Tank And N9101 Dryer In Between Frame Rails N9102 Passenger Side No Further N9103 Than 68" Forward of Rear Axle Extended Warranty 9200113 0 Severe Service Medium -duty Warranty: 1 -year/ 0 0 unlimited miles. 9210211 0 2010 EPA medium duty Surcharge $7000. 7,000 0 Miscellaneous 9490003 0 Additional lead time required for off highway & 0 0 for speciality component truck. 9490206 0 Triangle reflector kit. Kit consists of 3 25 4 triangles in plastic carrying case. 9490404 0 One 5 Ib. dry chemical type fire extinguisher 96 11 mounted outboard of driver seat. Paint 9700000 0 Paint color number. 0 0 N97020 A - N0006EA WHITE N97200 FRAME N0001 EA BLACK 9943119 S Imron solid 1 color non - sleeper Spec A. 0 0 9960011 0 Single Stage Paint replaces standard. -98 0 The Kenworth Color Selector contains additional instructions, as well as information on Kenworth paint guidelines and surface finish applications. Kenworth is standard with Dupont Imron Elite paint. Total Adjusted Price (W /O Freight & Warranty & Surcharges) $97,775 Freight Charge $1,825 Options Not Subject to Discount $0 2010 EPA Engine Surcharge Not subject to Discount $7,000 Total Weight 12713 Prices and Specifications Subject to Change Without Notice. Unpublished options may require reviewlapproval. and performance data for unpublished options may vary from that displayed in PROSPECTOR Printed: 3/23/2011 3:17:49 PM Complete Model Number T300 Series Conventional. Effective Date: Jan 1, 2011 Quote /DTPO /CO: Q85568108 Prepared by: Rich M Sgueglia Version Number: 26.03 410674 -64432 -0098 Page 8 of 8 . KENWORTH Kenworth of Central Florida K680 CITY OF EDGEWATER 1800 North Orange Blossom Trai 409 MANGO TREE DR Orlando, Florida United States 32804 EDGEWATER, Florida United States 32132 Phone: (407) 425 -3170 Phone: (386) 566 -1436 Fax: Fax: Email: rich.sgueglia @kwcf.net Contact Email: biasimone ©cityofedgewater.org Prepared for: BOB IASIMONE Fuel Tanks :: r. Wit .... sett ` • Un: Cab art / @a Of Cat l 4i B.Cf ab2 a, Eattoetn Rak ils•MMIll ..sass r?.ar» BOC a Del Tank. . T - 4 -- --41 4 1 _1 re Top View Right Side Available Space: 36.10 in. Current Wheelbase Space: 254 Material C Side View Left Side Available Space: 101.00 in. Required Wheelbase Space: 158 Position Description Price Weight `'•" "� RH Under Fuel Tank: 56 US galon 24.571. 4.5 aluminum under 933 -15 LH Under Battery box: Steel parallel under w/ aluminum 0 0 LH Clear frame space area: First - LH outside rail 0 0 LH Clear frame space length First - 60 in. The 0 0 RH Clear Frame space area Second - RH outside 0 0 RH Clear frame space length: Second - 60 in. The 0 0 Del Tank RH Small round DEF tank. 9 gallons of 88 0 • -- Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. Printed: 3/23/2011 3:20:09 PM Complete Model Number. T300 Series Conventional. Effective Date: Jan 1, 2011 Quote/DTPO /CO: Q85568108 Prepared by: Rich M Sgueglia Version Number: 26.03 Page 1 of 1 Li KENWORTH —_ Kenworth of Central Florida K680 CITY OF EDGEWATER 1800 North Orange Blossom Trai 409 MANGO TREE DR Orlando, Florida United States 32804 EDGEWATER, Florida United States 32132 Phone: (407) 425 -3170 Phone: (386) 566 -1436 Fax: Fax: Email: rich.sguegfia @kwcf.net Contact Email: biasimone @cityofedgewater.org Prepared for: BOB IASIMONE Horizontal Dimensions Model: T300 Series Conventional. Quote/DlPOJCO Number. Q8556B1013 • 108.9 282.0 - c:41 3 . n IIII .• k„F„, ) 4. I 36 2 40.9 68.0 186.0 96.0 ' 254.0 386.2 , t 390.9 " T Unpublished options may require review /approval. Dimensional and performance data for unpublished options may vary from that displayed in PROSPECTOR. _ _ Printed: 3/23/2011 3:19:23 PM Complete Model Number: T300 Series Conventional. Effective Date: Jan 1, 2011 Quote /DTPO /CO: Q85568108 Prepared by: Rich M Sgueglia Version Number: 26.03 Page 1 of 1 AGENDA REQUEST Date: April 8, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS April 18, 2011 ITEM DESCRIPTION: Change Order #2 Final Completion of Water Supply Wells for a Net Decrease in the Contract Price of $37,667.80 BACKGROUND: The City of Edgewater entered into a contract with McMahan Construction Company, Inc. on December 22, 2009, for construction of four water supply wells and related piping and infrastructure in the amount of $899,950.00. On June 21, 2010, Change Order #1 was executed authorizing additional work needed for increasing the well yield using aquifer stimulation techniques in the amount of $64,900. On April 7, 2011, a final inspection was conducted and final acceptance of the project was acknowledged. Change Order #2 revises the final contract price of $927,182.20 and contract time of an additional 76 days for completion date of April 11, 2011. This project was eligible for ARRA funding of 85% grant and 15% State Revolving Loan Fund. Original Contract Amount $ 899,950.00 Change Order #1 $ 64,900.00 Change Order #2 $ (37,667.80) Contract Price will all Change Orders $ 927,182.20 ARRA Grant Funding (85 %) $ 788,104.87 SRF Loan (2.71 %) $ 139,077.33 Total Construction Cost $ 927,182.20 STAFF RECOMMENDATION: Approval of Final Change Order #2 and close out of the contract with McMahan Construction Company, Inc. and approval for the budget amendment. ACTION REQUESTED: A motion to Approve Change Order #2 Final with McMahan Construction Company, Inc. for the construction of four water supply wells and authorize the City Manager and Mayor to execute the document and approval for the budget amendment. FINANCIAL IMPACT: (Finance Director) $927,182.20 Line Item 444 - 5555 - 580.64 -10 (SPECIFY BUDGET AMENDMENT IS REQUIRED) YES XX NO / IV l � Joh McKinney, Finance Directo PREVIOUS AGENDA ITEM: YES NO XX If so, DATE: AGENDA ITEM # Repectfully subbmitted, Concurrence: ' B renda L. Dewees Robin L. atusic Director of Environmental Services Paralegal 0\ _, Tracey T : rlow •� City Manager CHANGE ORDER FORM Project: City of Edgewater New Wafer Supply Wells SRFNo. DW64050 CHANGE ORDER NO. 2 Final DATE OF ISSUANCE: 4/7/11 • CONTRACTOR McMahan Construction Company, Inc. EFFECTIVE DATE: 41711 I ENGINEER: Quentin L. tiprnpton Assoc., Inc. 1` OWNER'S CONTRACT NO.: SRF No. DW64050 The following changes are hereby made to the Contract Documents: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price Original Contract Times $899,950.00 Substantial Completion: 11 /11/10 Ready for final paymenrt I2/11 /10 days or dates Net changes from previous Change Orders Net change from previous Change Orders �. 45 $ 64,900.00 Errs Contract Price prior to this Change Order Contract Times prior to this Change Order S u b s t a n t i a l C o m p l e t i o n : 1 1 $ 964.850.00 Ready for final payment: 1/26/11 daps or dates Net Increase (decrease) of this Change Order Net Increase (decrease) of this Change-Order 07.667.00). 76 Contract Price with all approved Change Orders Contract Times with all approved Change Orders Substantial Completion: 3/1211 $ 927.182/E) Ready for final payment 4/11/11 days or date, 1 EW47 CO 2 Final CHANGES ORDERED: I. GENERAL This change order is necessary to revise the scope of work, contract price and/or contract time. The General Conditions, Supplementary Conditions, Specifications and all parts of the Project Manual listed in Article 1, Definitions, of the General Conditions apply to and govern all work under this change order. The change in price and/or delivery date described, is considered to be fair and reasonable and has been mutually agreed upon in full agreement and final settlement of all .claims arising out of the modification including all claims for delays and disruptions resulting from caused by or incident to such modifications and change orders. 11. REQUIRED CHANGES: CONTRACT PRICE: $37,667.80 net decrease to the contract price. CONTRACT TIME: An additional 76 days are added to the contract duration. Ill. JUSTIFICATION/DESCRIPTION: CONTRACT PRICE: This change order is the final change order to close out the new water supply wells construction contract with McMahan Construction. The original contract was under budget by an amount of ($7,755.30), this was after additional work. The additional work included cleaning out existing monitoring well #2; additional sitework, fencing and rock at each wells site; concrete pad at the generator site; and survey work. These items were able to be paid by funds existing in the original award amount. Change Order #1 was a "not to exceed" amount of $64,900. Wells #18 and #19 were air blasted to improved well yield. The increase in yield did not justify moving forward with the remaining wells so this work was under.budget.by ($29,912.50). CONTRACT TIME: This change order includes a time extension of 76 days. Time extension is due to additional work requiredto adjust well sites, rocking,.and fencing. The City did not incur any hardship by the change in completion date; therefore, no liquidated damages were assessed. IV. PAYMENT: Additional costs associated with this change order were paid for by allowances built into the contract. V. APPROVAL AND CHANGE AUTHORIZATION: BW47 CO 2 Final Acknowledgments: The aforementioned change, and work affected thereby, is subject to all provisions of the original contract not specifically changed by this Change Order; and, It is expressly understood and agreed that the approval of the Change Order shall have no effect on the original contract other than matters expressly provided herein. RECOMMENDED BY: ACCEPTED BY: s uentin L. to • s Inc McMahan Construction Company, Inc_ 11: (Contractor) By: Y 8 / I 4-7 -11 (Au ./7.77 �. - -� (] to (Authorized Wisteria (Date) Brad T. • ais, P.B., President Robert Kellogg - President APPROVED BY: The City of Edgewater Owner) By: —_ (Authorized Signature) (Date) (Authorized Signature) (Date) Michael Thomas, Mayor Tracey Haxlow, at/ Manager EW47 CO 2 Final City of Edgewater New Water Supply Wells Purchase Order No, 7283 Edgewater, Florida Please Remit To : McMahan Construction Co., Inc. Period Beginning: 3/1/2011 P. 0. Box 223 Period Ending 3/31/2011 DeLand, FL 32721 -0223 Estimate No. Fourteen (14) & Final Page 1 of 5 MCCI Job #2135 TOTALS Analysis of Contract Amount to Date 1- Original Contract Amount $899,950.00 2- Addition or Deletions to Contract 64,900.00 3- Adjusted Contract Amount $964,850.00 Analysis of Work Performed 1- Cost of Original Contract Work to Date $877,373.65 2- Extra Work Performed to Date 49,808.55 3- Total Cost of Work to Date 927,182.20 4- Material Stored 0.00 5- Total of Work & Materials Stored 927,182.20 6- Less Retainage 0.00 7 Net Amount Paid on Contract to Date 927,182.20 8- Less: Amount Paid on Previous Estimates 821,165.44 Amount Owed on Previous Estimates 0.00 9- Balance Due This Request $106,016.76 Certification of Contractor I certify that all items and amounts shown on the face of this estimate Fourteen (14) & Fina are correct, that all work has been performed and /or material supplied in full accordance with with the terms and conditions of this contract between City of Edgewater and McMahan Construction Co. Inc. dated December 22, 2009, that the items for which payment is requested have not been paid and there are no vendor's, mechanics, or other liens or rights to liens or conditional sales contracts which should be satisfied or discharged before such payment is made. Sworn to and subscribed to this 01- Mar -11 Personally known to me (NOTARY PUBLIC) BY: Paul Larson V.P. DATE: 3/1/2011 Certification of Construction Engineer 1 certify that I have checked and verified this estimate number Fourteen (14) & Final and that to the best of my knowledge and belief, it is a true and correct statement of work performed and materials supplied by the contractor and that the contractor's certified statement of this account and the amount due him is correct. FOR: Quentin L. Hampton & Associates, Inc. FOR: City of Edgewater Kevin A. Lee, P.E. Project Engineer Approved: Approved: City of Edgewater Period Beginning: 3/1/2011 New Water Supply Wells Period Ending 3/31/2011 Estimate No. Fourteen (14) & Final Page 2 of 5 MCCI Job #2135 Item # Description Quan. Unit Unit Price Contract Amount Units Dollars Previous Current Total To Date Previous Current Total To Date & Install Raw Water Transmission Pipe & Fittings 10 "Pipe C -900), 1,120'shown LF 30.00 36,000.00 1,399 1,399 41,970.00 0.00 41,970.00 kdFurnish 8" Pipe C -900), (2,010 'shown) LF 25.00 55,000.00 1,971 1,971 49,275.00 0.00 49,275.00 Ti Pipe (C-900L, (360' shown EaE LF 20.00 8,000.00 252 252 5,040,00 0.00 604000 6" Pis DIP Above Ground) LF 300.00 15,000.00 62.6 62.6 18,780.00 0.00 18,780.00 2 Hydrostatic Test (150 PSIG) Disinfection & Bateriolo ical Clearance 1 LS 2,500.001 2,500.00 100% 100% 2,500.00 0.00 2,500.00 3 Furnish & Install Valves a 10" Gate Valve & Valve Boxes 1 EA 2,500.00 2,500.00 1 1 2,500.00 0.00 2,500.00 b18" Gate Valve & Valve Boxes 3 EA 2,000.00 6,000.00 3 3 6,000.00 0100 6,000.00 c 6" Gate Valve Above Ground 4 EA 1,500.00 6,000.00 4 4 6,000.00 0.00 6,000.00 4 Tie -Ins 1 EA 1,500.00 11500.00 1 1 1,500.00 0.00 1,500.00 5 Site Clearing as Shown on Plans 5 Acres 6,000.00 30,000.00 5.00 5.00 30,000.00 0.00 30,000.00 6 Sitework 1 LS 53,000.00 53,000.00 90% 10% 1 100% 47,700.00 5,300.00 53,000.00 7 Roadway Base & Crushed Shell Roadway 3,300 SY 1 12.50 41,250.00 3,300 3,300 41,250.00 0.00 41,250.00 8 Monitoring Wells 1 LS 12,000.00 12,000.00 100% 100% 12,000.00 0.00 12,000.00 9 Well Construction, 200' per well 800 LF 50.00 40,000.00 800 800 40,000.00 0.00 40,000.00 Provide & Install Steel Well Casing 12" production casing), 4 locations @110' each 440 LF 230.00 101,200.00 420 420 96,600.00 0.00 96,600.00 [12 Develop & Bacteriologically Clear Wells 4 EA 10,500.00 42,000.00 4 4 42,000.00 0.00 42,000.00 Furnish & Install labor, materials & e ui ment to conduct 24 hour consant rate tests & 8 hour step - drawdown tests. 4 EA 6,500.00 26,000.00 4 4 26,ODO.001 0.001 26,000.00 I Sub -Total 477,950-001 469,115.001 5,300.001 474,415.00 City of Edgewater Period Beginning: 31112011 New Water Supply Wells Period Ending 313112011 Estimate No. Fourteen (14) & Final Page 3 of 5 MCCI Job #2135 Item # Description Quan, Unit Unit Price Contract Amount Units Dollars Previous Current Total To Date Previous Current Total To Date 13 Furnish, Install & Outfit Well Pumps 4 EA 28,000.00 112,000.00 4 4 112,000.00 0.00 112,000.00 14 iFurnish, Install & Outfit Pad Mounted Generator 1 LS 65,000.00 65,000.00 100% 100% 65,000.00 0.00 65,000.00 15 Electrical & Fiber Optic 1 LS 135,000.00 135,000.00 100% 100% 135,000.001 0.00 135,000.00 76 Instrumentation 1 LS 57,000.00 57,000.00 100% 100 % 57,000.00 0.00 57,000.00 17 FP &L Allowances 1 LS 50,000.00 50,000.00 31,458.65 31,458.65 31,458.65 0.00 31,458.65 18 "As- Built" Plans 1 LS 1,500.00 1,500.00 0% 100 % 100% 1 0.00 1,500.00 1,500.00 19 Video Taping 1 LS 1,000.00 1,000.00 100% 100% 1,000.00 0.00 1,000.00 20 IMuck Excavation/Replacement 100 CY 5.00 500.00 0 0 0.001 0.00 0.00 Sub -Total 422,000.00 401,458.65 1,500.00 402,958.65 Grand Total Base Bid 899,950.00 870,573.65 6,800.00 877,373.65 21 Additional work. al Obstruction Drill Out MW -2 8.5 HRS 290.00 2,465.00 8.5 8.5 2,465.00 0.00 2466.0 23 jProvIde add'i fill for well sites 19 & 20 lace & compact. 1 LS 2,400.00 2,400.00 0 % 100% 100% 0.00 2,400.00 2,400.00 24 jProvide add'I fencing for w_ ell sites 17, 18, 19 & 20. 1 LS 564.42 564.42 0 % 100% 100% 0.00 564.42 564.42 25 Provide #57 stone to total rock well pad sites 17, 19 & 20 including weed barrier In lieu of grassing 3 EA 1,500.00 4,500.00 0 3 3 0.00 4,500.00 4,500.00 26 Provide #57 Stone to total rock well pad site no. 18 including weed barrier in lieu of grassing. 1 EA 3,500.00 3,500.00 0 1 1 0.00 3,500.00 3,500.00 27 Provide additional concrete pad for the generator stairs 7' x 7' x 6 ". 1 LS 400.00 400.00 1 1 400.00 0.00 400.00 28 Additional survey requirements for restaking of well sites for fencing. 1 LS 225.00 225.00 0% 100 % 100% 0.00 225.00 225.00 29 lFive percent markup on subcontractors. 1 LS 159.47 159.47 0% 100% 100% 0.00 159.47 159.47 30 jMcMahan Construction General Conditions 1 LS 607.16 607.16 0% 100% 100% 0.00 607.16 607.16 Sub -Total Additional Worl, 14,821.05 2,865.00, 112956.05 14,821.05 Sub -Total 914,771.051 1 873,438.651 18,756.051 892,194.70 City of Edgewater Period Beginning: 311/2011 New Water Supply Wells Period Ending 3/31/2011 Estimate No. Fourteen (14) & Final Page 4of5 MCCI Job #2135 Item # Description Quan. Unit Unit Price Contract Amount Units Dollars Previous Current Total To Date Previous Current Total To Date 22 Change Order No. 1 a. Air blast development of open hole 2 EA 7,500.00 16,000.00 1 1 7,500.00 _ 0.00 7,500.00 b. Set up drill rig to clean out open hole 4 EA 2,000.00 8,000.00 1 1 2,000.00 0.00 2,000.00 c. Drill out debris created by air blast 24 HR 250.00 6,000.00 31 1 31 7,750.00 0.00 7,750.00 d. Set up test pump 4 EA 1,500.00 6,000.00 1 1 1,500.00 0.00 1,500.00 e. Pumping time for development & step testing 40 HR 200.00 8,000.00 10 10 2,000.00 0.00 2,000.00 f. Overhead & profit for sub contractor work 5 %) 1 LS 2,900.00 2,900.00 37.6% 37.5% 1,087.60 0.00 1 087.60 9. Additional site work and equipment 4 EA 1,000.00 4,000.00 1 1 1,000.00 0.00 1,000.00 h. Air blast well #19 per mtg 12.21 -10 1 LS 15,000.00 15,000.00 0.810 0.810 0.00 12,150.00 12,150.00 Total Change Order N 64,900.00 22,837.60 12,160.00 34 987.50 GRAND TOTAL 979,671.05 1 896,276.15 30,906.051 927,182.20 Material Stored Period Beginning: 3/112011 Period Ending 3/3112011 Estimate No. Fourteen (14) Page 5 of 5 MCCI Job #2135 New Water Supply Wells Edgewater, Florida Invoice #- Vendor Description Beginning Rec'd this Installed Balance on Balance Period this Period Hand 84284 Federal Fence, Inc. Fencing 3,979.89 3,979.89 0.00 0.00 0.00 Totals 3,979.89 0.001 3,979.89 0.00 AGENDA REQUEST Date: April 7, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS April 18, 2011 ITEM DESCRIPTION: Ratification of Edgewater Professional Firefighters International Association of Fire Fighters (IAFF) Union Agreement. BACKGROUND: In July 2008, the Florida Public Employees Relations Commission certified the Edgewater Firefighters collective bargaining Union. From the initial negotiation meeting in August 2008 through the final meeting held January 2011, the "City" and "Union" have diligently met to develop the first Firefighters Agreement. The goal was to mirror as closely as possible the City Personnel Policies and Procedures, which they are currently covered under, along with the General and Police employee's union agreements. The results of hard work and comprises on both parties, concluded in a successfully finalized agreement. Labor counsel, David Young, has reviewed this agreement. The bargaining unit ratified the proposed agreement. STAFF RECOMMENDATION: Staff recommends the City Council approve the Edgewater Professional Firefighters IAFF Agreement as negotiated and presented, effective October 1, 2008, expiring September 30, 2011. ACTION REQUESTED: Motion to approve the October 1, 2008 — September 30, 2011 Edgewater Professional Firefighters IAFF Agreement for the fiscal year 2010 -11. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, Concurrence: Donna Looney Robin L. Matusick Personnel Director Paralegal race, " . Barlow Cit anager COLLECTIVE BARGAINING AGREEMENT CITY OF EDGEWATER AND EDGEWATER PROFESSIONAL FIREFIGHTERS IAFF LOCAL 4575 10/1/2008 through 9/30/2011 IAFF Agreement 10/1/2008 — 9/30/2011 1 TABLE OF CONTENTS Article 1 — Preamble 3 Article 2 — Recognition 4 Article 3 — Management Rights 5 Article 4 — Non - Discrimination 8 Article 5 — Prohibition of Strikes and Lockouts 9 Article 6 — Grievance and Arbitration Procedure 10 Article 7 — Dues Deduction 13 Article 8 — Employee Management Committee 14 Article 9 — Probation 15 Article 10 — Union Business 16 Article 11 — Personnel Records 17 Article 12 — Temporary Assignment to a Higher Position 18 Article 13 — Promotions 19 Article 14 — Shift Exchanges 22 Article 15 — Seniority, Layoffs, and Recall 23 Article 16 — Interrogation and Discipline 24 Article 17 — Bulletin Boards 25 Article 18 — Voting 26 Article 19 — Leave of Absence 27 Article 20 — Sick Leave 28 Article 21 — Hours of Work and Overtime 29 Article 22 — Holidays 31 Article 23 — Bereavement Leave 32 Article 24 — Vacation 33 Article 25 — Uniforms and Equipment 35 Article 26 — Insurance 36 Article 27 — Injuries /Light Duty Assignment 37 Article 28 — Physical Fitness/Health 38 Article 29 — Wages 40 Article 30 — Rules and Regulations 41 Article 31 — Alcohol and Drug Testing 42 Article 32 — Education Reimbursement and Incentives 43 Article 33 — Entire Agreement/Duration 46 Article 34 — Mileage... 47 Article 35 — Severability /Savings... 48 Signage Page 49 Appendix "A" 50 IAFF Agreement 10/1/2008 — 9/30/2011 2 ARTICLE 1 - PREAMBLE 1.1 This Agreement is entered into by the City of Edgewater, Florida, hereinafter referred to as the "City," and the Edgewater Professional Firefighters, IAFF, Local 4575, hereinafter referred to as the "Union." 1.2 The term "Designated City Representative" or "DCR" used herein shall mean the City Manager or the representative designed by the City Manager. IAFF Agreement 10/1/2008 — 9/30/2011 3 ARTICLE 2 - RECOGNITION 2.1 Pursuant to a certification issued by the Florida Public Employees Relations Commission (RC- 2007 -022), the City recognizes the Union as the exclusive collective bargaining representative for employees in the following classifications: INCLUDED: All employees in the classifications of driver engineer and firefighter. EXCLUDED: Fire Chief, Captain, Fire Marshall, Lieutenants, and all other employees of the City of Edgewater. I I IAFF Agreement 10/1/2008 — 9/30/2011 4 ARTICLE 3 — MANAGEMENT RIGHTS 3.1 The City reserves and retains all rights, powers, prerogatives and authority customarily exercised by management, except as expressly limited or modified by a specific provision of this Agreement. 3.2 The Union and the employees covered under this Agreement recognize and agree that the City has the sole and exclusive right, except as specifically provided for in this Agreement, to manage and direct any and all of its operations. Accordingly, the City specifically, but not by way of limitation, reserves the sole and exclusive right to: A. Determine the scope of the service, purpose and organizational structure of the Fire Department; B. Exercise control and discretion over the organization and efficiency of operations of the Fire Department; C. Set minimum performance standards for service to be offered to the public, including physical performance standards, and set procedures and standards to evaluate employees' performance; D. Change, modify or alter the composition and size of the work force, including the right to relieve employees from duties because of lack of work, funds, or other legitimate reasons that may arise; E. Determine the location, methods, means and personnel by which operations are to be conducted; determine whether and to what extent the work required in its operation shall be performed by employees covered by this Agreement; F. Change, formulate, or modify duties, tasks, responsibilities or job descriptions, so long as the duties, tasks, and/or responsibilities remain within the generic scope of fire /rescue services, and to formulate and/or amend job descriptions consistent therewith; G. Transfer, assign, schedule employees in positions within the organizational structure of the Fire Department; H. Change or modify the number, and types, and grades of positions assigned to an organization, unit, division, department, or project; increase, expand, reduce, alter, combine, assign, or cease any position or duties of a position; I. Hire, examine, classify and/or otherwise determine the criteria, qualifications and standards of selection for employment; IAFF Agreement 10/1/2008 — 9/30/2011 5 J. Lay off employees from duty due to lack of work or lack of funding or any other legitimate managerial reason that may arise not in conflict with a specific Article in this Agreement; K. Determine all training parameters for all City positions, including persons to be trained and the nature, extent and frequency of training; L. Merge, consolidate, expand, curtail, transfer, or discontinue any service existing now or in the future, temporarily or permanently, in whole or in part, in the sole discretion of the City; M. Fire, demote, suspend or otherwise discipline employees in accordance with this Agreement; N. Control the use of equipment and property of the City and determine the number and classifications of employees assigned to any shift, station or piece of equipment; 0. Determine the maintenance procedures, materials, facilities, and equipment to be used, and introduce new or improved services, maintenance procedures, materials, facilities and equipment; P. Take whatever action may be necessary to carry out the mission and responsibility of the City in unusual and/or emergency situations; Q. Exercise all management rights and prerogatives as determined by the Public Employees Relations Commission, and the state and federal courts of competent jurisdiction. 3.3 The above rights of the City are not all- inclusive, but indicate the type of matters or rights which belong to and are inherent in the City in its general capacity as management. Any of the rights, powers, and authority that the City had prior to entering into this collective bargaining agreement, except as expressly limited or modified by a specific provision of this Agreement, are retained by the City. 3.4 If the City fails to exercise any one or more of the above functions from time -to -time, this will not be deemed a waiver of the City's right to exercise any or all of such functions. 3.5 If, in the sole discretion of the City, it is determined that civil emergency conditions exist, including, but not limited to, riots, civil disorders, hurricane conditions, or any similar or dissimilar catastrophe, the provisions of this Agreement may be suspended by the City during the time of the declared emergency, provided that wage rates and monetary fringe benefits shall not be suspended. 3.6 The exercise of the management rights set forth above shall not preclude the Union or any employee covered hereunder from filing a grievance under the Grievance and Arbitration IAFF Agreement 10/1/2008 — 9/30/2011 6 Procedure herein should the Union or the employee feel that the action taken by management violated a specific provision of this Agreement. 3.7 Nothing contained in this Article shall be construed to waive the Union's right to engage in impact bargaining as to the exercise of any of the management rights enumerated above where Florida law requires such bargaining. 3.8 In the event that the City considers subcontracting, contracting out, merging, or ceasing to provide fire service in its entirety, the City agrees to provide notice to the Union of public meetings conducted by the City to address subcontracting, contracting out, merging, or ceasing to provide fire service in its entirety. In addition, the City shall give the Union notice that it may cease to provide fire service in its entirety at least 120 days in advance of the final date where it will formally cease to provide fire service in its entirety as a result of subcontracting, contracting out, or merger with another entity. The City agrees to engage in impact bargaining as required by law as to any negotiable impacts identified by the Union during said process. Nothing herein shall be construed to restrict the City's ability to implement such changes or exercise its management rights. IAFF Agreement 10/1/2008 — 9/30/2011 7 ARTICLE 4 — NON - DISCRIMINATION 4.1 Neither the Union nor the City shall discriminate against any employee on the basis of Union membership or non - membership or any other protected category. 4.2 All reference to employees in this Agreement designate both sexes and whenever the male gender is used it shall be construed to include male and female employees. 4.3 If, and in the event, an employee elects to seek remedy for alleged discrimination by the filing of a lawsuit in a County, Circuit or Federal Court, or a complaint with Equal Employment Opportunity Commission, Florida Commission Human Relations or any other outside agency, then in that event, the subject of such complaint may not also be grieved. If, and in the event, an employee elects to initiate a lawsuit in a County, Circuit or Federal Court, or proceeding to EEOC, FCHR or any other outside agency, during the pendency of a grievance, the grievance shall be summarily dismissed. IAFF Agreement 10/1/2008 — 9/30/2011 8 ARTICLE 5 — PROHIBITION OF STRIKES AND LOCKOUTS 5.1. The Union and the City agree that Sections 447.505 and 447.507, Florida Statutes, shall govern their actions. There shall be no strikes, lockouts, work stoppages, slowdowns, mass resignations, sick -outs, or other similar collective job actions or refusal to perform assigned work by the employees covered under this Agreement. 5.2. The parties agree that any employee who participates in or promotes any of the aforementioned activities may be discharged or otherwise disciplined by the City. Nothing herein shall restrict the City from levying different disciplinary actions against different employees based on their involvement in activities prohibited hereunder. IAFF Agreement 10/1/2008 — 9/30/2011 9 ARTICLE 6 — GRIEVANCE AND ARBITRATION PROCEDURE 6.1 The City and the Union agree that it is beneficial to encourage informal discussion between employees and the Fire Department concerning employment problems of employees covered by this Agreement. Such discussions should be held with a view towards reaching an understanding that will bring about resolution in a satisfactory manner without need for recourse under the formal grievance procedure. Grievances should be resolved as expeditiously as possible and at the lowest step possible. 6.2 With respect to bargaining unit members, the grievance process shall be exclusively to the Union. 6.3. The term "Grievance" as used in this Agreement means a formal, written complaint by the Union President or designee, an employee, or group of employees alleging a violation of a specific provision in this Agreement. 6.4 The term "business day" as used in this Article shall mean only Monday through Friday of each week regardless of the Grievant's work schedule. Saturdays, Sundays, and holidays shall not be considered business day's even if the Grievant is scheduled to work on that day. For the purpose of computing time, the day on which a grievance or reply is filed shall not be counted. Time limits specified herein may be extended by mutual agreement of the parties in writing. 6.5 If a grievance is not answered by the City or the Union within the prescribed time limit at any Step of the grievance process, such failure to respond shall be deemed a denial of the grievance, and the grievance may be advanced to the next Step within the prescribed time limit. All grievances not appealed to the next step within the time limits established by this Agreement shall be considered settled on the basis of the last response provided. 6.6 In the case of suspension or discharge, either party may unilaterally waive Step One (1) and proceed directly to Step Two (2). 6.7 The established formal grievance process does not preclude and is not intended to discourage a Grievant from first discussing the grievance with his/her immediate supervisor informally and verbally. Such informal efforts at resolution shall not relieve the Grievant of the obligation to timely file a formal grievance as set forth below. 6.8 Grievance Procedure: Grievances shall be presented in the following manner: IAFF Agreement 10/1/2008 — 9/30/2011 10 Step One (1): The employee or the Union shall first take up a grievance with the employee's immediate supervisor within ten (10) business days of the occurrence of the events which gave rise to the grievance. If the employee was on compensated leave during this time period, the ten (10) business day period shall commence upon the employee's return from such compensated leave. This Step One grievance may be submitted orally. The supervisor shall discuss the grievance with the employee and have ten (10) business days to respond to the grievance. Step Two (2): Any grievance that cannot be satisfactorily resolved with the immediate supervisor shall be reduced to writing on the form agreed to by the City and the Union and submitted to the Fire Chief by the Grievant or the Union within ten (10) business days of the completion of Step One. The grievance shall be signed by the employee and/or a representative of the Union and shall state: (a) the date of the alleged event that gave rise to the grievance; (b) the provisions of this Agreement allegedly violated; (c) statement of fact pertaining to or giving rise to the alleged grievance; and (d) the relief sought. The Fire Chief shall discuss the grievance with the employee and the Union and within ten (10) business days render his decision in writing. All facts and issues must be presented in the written Step Two grievance, and a grievance may not be expanded beyond the issues raised in the written Step Two grievance. Where a grievance applies to a group of employees, all employees seeking any monetary remedy must sign the grievance to be eligible for any such monetary relief. Step Three (3): Any grievance that cannot be satisfactorily resolved with the Fire Chief shall be submitted in writing by the Union to the City Manager within ten (10) business days after the completion of Step Two. Within ten (10) business days of receipt by the City Manager, the grievance shall be discussed by the City Manager with the employee and the Union. The City Manager shall within ten (10) business days after this discussion render his decision in writing with a copy to the employee and the Union. 6.9 Arbitration: In the event that the grievance cannot be satisfactorily resolved with the City Manager, the City or the Union may request arbitration by submitting by hand delivery or certified mail a letter to the City Manager and copied to the other party, within ten (10) business days, demanding arbitration of the grievance. Only the Union may advance a grievance to arbitration, unless the Union's refusal to advance the grievance to arbitration is because the employee is not a dues paying Union member. IAFF Agreement 10/1/2008 — 9/30/2011 11 The arbitration shall be confined to the articles and issues raised in the written Step Two grievance. The decision of the Arbitrator shall be final and binding. The Arbitrator shall not have the power to add to, subtract from, amend, modify, change or ignore this Agreement in reaching a decision. The parties may agree to mutually select an arbitrator. Otherwise, the party requesting arbitration shall request from the Federal Mediation and Conciliation Service (FMCS) a list of seven (7) names. Names shall be struck off alternately. A coin toss will decide who strikes first. The name remaining after both parties have struck shall be designated the Arbitrator. 6.10 The Union shall be responsible for all costs related to its witnesses and representatives, and the City shall be responsible for all costs related to its witnesses and representatives. The Union and the City shall share equally the Arbitrator fees and costs. 6.11 The Arbitrator shall issue a decision within thirty (30) calendar days of the close of the arbitration hearing, and copies shall be furnished to both parties. 6.12 No decision of any Arbitrator or of the City in any one case shall create a basis for retroactive adjustment in any other cases. All claims for back wages shall be reduced by any unemployment compensation and/or interim earnings that the grievant may or might have received during the period involved. The parties recognize that claims should be brought forward as soon as possible. The resolution of any grievance by the Arbitrator or by the parties resulting in retroactive adjustment, including back wages, shall be limited to a thirty (30) day period prior to the date of the filing of a grievance at Step 1 unless the grieving party shows that the grievant did not know and should not have known about the basis for the grievance until the thirty (30) day period prior to the filing of the grievance. IAFF Agreement 10/1/2008 — 9/30/2011 12 ARTICLE 7 — DUES DEDUCTION 7.1 Any member of the Union, who has submitted a properly executed dues deduction card or written statement to the City, may have membership dues, initiation fees, and uniform assessments for the Union deducted from wages each pay period. Dues, assessments, and initiation fees so deducted from each employee's wages shall be forwarded by the City to the Union. However, the City shall have no responsibility for any liability for any monies once sent to the Union, nor shall the City have any responsibility or a liability for the improper deduction of dues. The Union shall indemnify the City and hold it harmless against any and all suits, claims, demands, and liabilities which arise out of or by reason of any action taken or not taken by the City to comply or attempt to comply with the provisions of this Article. 7.2 It shall be the responsibility of the Union to provide the City written notification of any change in the amount of dues to be deducted in advance of said change. Under no circumstances shall the City be required to deduct Union fines, penalties, political action payments, or special assessments of any kind. Changes shall be applied in the first pay period which has not yet been processed by the City after receiving notice of such change. 7.3 An employee may revoke his authorization for deduction of dues provided the employee gives written notice to the City and the Union. Upon receipt of such notification, the City shall terminate dues deduction effective the first pay period which has not yet been processed by the City after receiving notice of such change. 7.4 No deduction shall be made from the pay of an employee for any pay period for which the employee's net earnings for that pay period are less than the amount of dues owed. Net earnings shall mean earnings after the required deductions for federal taxes, social security, pensions, credit unions, dental, health, and life insurance. IAFF Agreement 10/1/2008 — 9/30/2011 13 ARTICLE 8 — EMPLOYEE MANAGEMENT COMMITTEE 8.1 In accordance with City policy and procedure, there shall be an Employee- Management Committee with respect to the Fire Department. The Union shall have the right to appoint to the Employee- Management Committee the individuals in the classifications of driver engineer and firefighter. In addition to classifications designated in City policy and procedure, the Union may appoint up to two other members of the Fire Department to the Employee - Management Committee regardless of position or classification. 8.2 The City and the Union, recognize that cooperation between labor and management is indispensable to the accomplishment of sound and harmonious labor relations and agree to jointly maintain and support the Employee- Management Committee. 8.3 The Employee - Management Committee shall consider and may recommend changes in the working conditions of the employees, including, but not limited to, health and safety issues. Matters subject to grievance procedure contained in this agreement may be considered, but submission of a matter to the Employee - Management Committee shall not affect the right to grieve the matter. 8.4 Employees attending committee meetings outside of scheduled working hours shall not be compensated for the time spent in such meetings. However, if the meetings are held during committee members scheduled working hours, the employee shall be allowed to attend without loss of pay. An employee shall notify their supervisor of any meetings to be held during scheduled working hours. IAFF Agreement 10/1/2008 — 9/30/2011 14 ARTICLE 9 — PROBATION 9.1 All new -hire bargaining unit employees will remain on probationary status for a period of one (1) year from date of employment. The probationary period is an important part of the employee review process and shall be utilized for appraisal of an employee's performance, adaptability to the position, and for rejecting any employee who does not meet the desired standards of performance. 9.2 Upon successful completion of the initial one (1) year probationary time period, the Personnel Department will prepare a Personnel Action Form to be executed by the Department Director and a copy given to the employee when releasing the employee from probation and into regular employment. Until such document is executed, an employee shall not be deemed to have successfully completed probation. The probationary period may be extended one time for up to ninety (90) calendar days upon mutual consent between the Department Director, Personnel Director, and City Manager with the final decision to be made by the City Manager. Subsequent to any employee being released from probation a drug screen may be required. 9.3 A new -hire employee on probation is considered an "at will" employee. A new -hire probationary employee may be released from City service during the probationary period without cause, without notice and without appeal under City policy and procedure or the grievance and arbitration procedure in this Agreement. 9.4 An individual who does not successfully complete the probationary period will be required to reimburse the City for all physicals /drug tests and education/training expenses incurred. 9.5 Employees who are promoted, demoted or transferred will serve a six (6) month probationary period in the new position commencing with the first day in the new position. Failure to successfully complete this promotional probationary period will result in the employee being returned to the employee's prior position, if available. 9.6 Disciplinary probation may be imposed for a length of time to be determined by the Fire Chief or his designee as appropriate for the seriousness of the infraction. Employees on disciplinary probation are not eligible for overtime unless a regular employee in the same classification is not available to work, nor may they utilize shift swaps during this time. The maximum disciplinary probation period for a single offense may be up to but shall not exceed one year. IAFF Agreement 10/1/2008 — 9/30/2011 15 ARTICLE 10 — UNION BUSINESS 10.1 Unless provided otherwise herein, Union officers and Union representatives shall be paid by the City only when they perform assigned fire and rescue duties and/or work directed by the City. To the extent that these employees wish to perform Union duties (such as negotiations, attending Union conventions, participating in arbitrations, etc.) during their normal work schedules, they may utilize Union time pool hours, annual leave, or shift exchange; provided, however, that they comply with the rules otherwise applicable to Union time pool hours, annual leave, or shift exchanges. Union representatives who are on duty may represent bargaining unit members in Steps One through Three of the grievance procedure and any disciplinary interrogations without loss of pay so long as it does not cause a staffing shortage or incur the City any overtime. 10.2 The Fire Chief may authorize bargaining unit members who are on duty to attend approved Union functions, in the discretion of the Fire Chief, without loss of pay so long as it does not cause a staffing shortage or incur the City any overtime. 10.3 Upon request, the City will provide the Union with a complete roster of the bargaining unit including name, rank, seniority and current pay rate. 10.4 Each member of the bargaining unit shall have the right to contribute up to 24 hours of vacation, sick, floating holiday or compensatory time to the Union Time Pool twice a year (October and April). 10.5 Use of the Union Time Pool is subject to written approval by the Union President or his designee and with notification to the Fire Chief or his designee. The request of and use of the Union Time Pool shall be made by the Union President or his designee and shall only be used for Union business such as attending city meetings, the handling of grievances and the attending of IAFF seminars and other State IAFF meetings and conferences. The Fire Chief or his designee may deny use of pool time if the use of such time shall decrease or limit the conducting of department business or use would cause a staffing shortage. 10.6 The City shall maintain a list of available pool time and member usage. IAFF Agreement 10/1/2008 — 9/30/2011 16 ARTICLE 11 — PERSONNEL RECORDS 11.1 The City shall recognize only one official personnel file, which shall be maintained by the Personnel Director in City Hall. Each employee covered by this Agreement shall have the right to inspect his or her official personnel file, provided, however that such inspection shall take place at a reasonable time under the supervision of the records custodian in accordance with Chapter 119, Florida Statutes. 11.2 Employees shall have the right to submit a written response to any disciplinary or performance document to be included in the employee's official personnel file. Responses should be submitted when a disciplinary or performance document is presented to the employee. If the employee previously was provided an opportunity to file a response to such a document and either filed a response or failed to file a response, subsequent or additional responses do not have to be included in the official personnel file. 11.3 The City shall notify an employee when a public record request is made to review an employee's official personnel file. The City and the Union agree that any failure to provide notification or other issues relating to this provision shall not be grievable. IAFF Agreement 10/1/2008 — 9/30/2011 17 ARTICLE 12 — TEMPORARY ASSIGNMENT FOR WORKING OUT OF CLASS IN A POSITION OF HIGHER CLASSIFICATION 12.1 The Fire Chief may temporarily assign an employee to work out of class in a position of higher classification in accordance with the terms of this Article. Those employees, who are temporarily assigned by the Fire Chief to a position of higher classification for four (4) or more consecutive shifts for shift personnel or five (5) or more consecutive days for non -shift personnel, shall be compensated at a rate equivalent to the greater of the minimum salary for that classification or five (5) percent above current salary compensated on the fifth consecutive shift for shift personnel or the sixth consecutive day for non -shift personnel. Temporary assignment shall not occur where an employee is required to work out -of- classification for a shift or shifts due to sick leave, vacation, time -off, or any combination of these or similar situations which are not expected to last longer than four (4) or more consecutive shifts for shift personnel or five (5) or more consecutive days for non -shift personnel. 12.2 The selection of an employee for temporary assignment to work in a position of higher classification as set forth above shall be in the sole discretion of the Fire Chief subject to final approval of the City Manager. 12.3 The Fire Chief shall give priority in selection for temporary assignments to those employees that have successfully passed the most recent promotional exam for the position of assignment. 12.4 The Fire Chief shall make an effort to rotate employees selected for temporary assignments. 12.5 In the event that the Fire Chief selects an employee who has not passed the most recent promotional exam for the position of assignment, the Fire Chief may consider the following requirements for temporary assignments: Driver /Engineer: Must be a firefighter off probation Must have completed EVOC Must be state certified as a driver operator Must be cleared by the department Driver clearing process 12.6 While serving in a temporary assignment, the value of any monetary benefit received, such as paid sick accrual or the cashing in of vacation time, shall be based on the employee's regular rate of pay. IAFF Agreement 10/1/2008 — 9/30/2011 18 ARTICLE 13 — PROMOTIONS AND APPOINTMENTS 13.1 Promotions within the bargaining unit shall be based upon: 13.1.1 Meeting the minimum certification, any required time in grade, and education levels established for each applicable position. 13.1.2. Competencies, skills, knowledge, and abilities of each applicant as demonstrated through a competitive process, which may include, but not be limited to oral interviews, written tests, practical exams, assessments, task analysis, and research projects. 13.2 Employees who are promoted shall serve a six (6) month probationary period as set forth in Article 9. 13.3 Promotional testing may be used to fill positions covered by this Agreement. Before any test is administered, the City and Union shall agree upon the general test criteria and bonus points (if any) for education or other criteria. The City may utilize recognized experts to administer tests as agreed to by the Union. 13.4 Notification of testing for promotions shall be made and posted at least 30 days prior to the date that the process is scheduled to begin. 13.5 It shall be the sole responsibility of each applicant to provide their own text(s) for any exam. 13.6 When tests are given, the scores shall be good for two (2) years. Only candidates who meet the minimum acceptable scores established for any test shall be placed on an eligibility list. If the test scores have expired, a new test will be given within 6 months of the date of expiration or sooner if a vacancy exist. 13.7 The Fire Chief shall choose any one (1) candidate from the top three (3) total scores to fill any promotional vacancy. 13.8 After each individual promotion, the top three (3) remaining scoring candidates shall form another list and the Fire Chief shall again fill the promotional vacancy with any candidate from that list. The established list shall be valid for a period of two (2) calendar years. 13.9 If at any time, the number of eligible candidates is less than three (3), the Fire Chief may have the option to: 13.9.1 Fill the vacancy from any individuals who previously passed the most recent promotional exam. 13.9.2 Administer another test. 13.9.3 Waive any and all entry requirements, thereby increasing the pool of eligible candidates. Any individual promoted as a result of waiver of entry requirement shall be IAFF Agreement 10/1/2008 — 9/30/2011 19 required to satisfy the requirements for the position within a period of time established at the time of promotion. Failure to successfully complete all requirements for the position within the established time period will result in the employee being returned to the employee's prior position, if available. 13.10 Bonus points for education and longevity shall be added to the test scores with a maximum of 5 points. Education AA Degree 1/2 point AS Degree (Fire, EMS, Public Admin, Supervisory, Emergency 1 point Management, or equivalent) BA Degree BS Degree (Fire, EMS, Public Admin, Supervisory, Emergency 2 Points Management, or equivalent) MA Degree MS Degree (Fire, EMS, Public Admin, Supervisory, Emergency 3 points Management, or equivalent) (Bonus credit for only 1 degree and not applicable if the job description requires the degree) Longevity (max cumulative 2 points) Each year completed with the City 0.25 Points /yr of Edgewater Each year completed with a U.S. Military organization (max 5 years) 0.25 Points /yr 13.11 The Fire Chief may appoint employees to the position of Fire Marshall and other non -line personnel positions in the sole discretion of the Fire Chief subject to final approval of the City Manager. 13.12 Temporary Appointments shall be at the discretion of the Fire Chief, subject to final approval of the City Manager. 13.12.1 Temporary Appointments may be made without benefit of any formal testing. 13.12.2 Temporary appointments will be assigned from the members that have successfully passed the last test given for the vacant position. Members that score in the top three (3) will be given first consideration by the Fire Chief. IAFF Agreement 10/1/2008 — 9/30/2011 20 13.13 While serving in a temporary appointment, the value of any monetary benefit received, such as paid sick accrual, the cashing in vacation time shall be based on the employee's regular rate of pay. IAFF Agreement 10/1/2008 — 9/30/2011 21 ARTICLE 14 — SHIFT EXCHANGES 14.1 Shift exchanges are primarily intended, but not limited to education, training, and certification purposes. 14.2 Employees of equivalent rank, assignment or recognized qualifications wishing to participate in a shift exchange, shall obtain permission from their supervisors on the form provided for that purpose. Shift exchanges will be approved in the discretion of management, which will not unreasonably be withheld, and shift exchanges shall not adversely impact staffing or coverage. 14.3 The supervisors will forward to administrative offices for placement on the duty calendar. 14.4 The employee working the shift exchange will be covered by worker's compensation and other similar insurance benefits in case of injury while on duty. 14.5 The employee agreeing to work the duty period shall be accountable for the exchanged duty shift. Should the individual agreeing to work the shift exchange be absent, sick, injured, or tardy, then vacation, floating holiday, or sick time will be charged to the employee agreeing to work the exchange. Failure to work an agreed to shift exchange or abuse of shift exchange privileges may result in discipline to that individual including revocation of shift exchange privileges in the discretion of the Fire Chief. 14.6 When shift exchanges occur, those shift exchanges are to be voluntary between employees and not at the direction of the Department. 14.7 Shift exchanges will not be granted within the first three (3) months for any new -hire probationary personnel. IAFF Agreement 10/1/2008 — 9/30/2011 22 ARTICLE 15 — SENIORITY, LAYOFFS, AND RECALL 15.1 The City agrees that seniority shall consist of continuous accumulated paid service with the City and shall be computed from the date of full time employment with the City. For those bargaining unit employees hired prior to October 1, 2010, their seniority shall be consistent with Appendix A to this Agreement. In the event that employees hired after October 1, 2010 have the same date of full time employment with the City, the employee with the higher score on the prehire assessment test shall have greater seniority. Seniority shall accumulate during leaves of absence due to job related injury, illness, vacation, military assignment or other leave of absence authorized by the City. In the event that two or more employees have the same date of hire, the employee with greater length of time in a classification shall have seniority. 15.2 In the event of the need for a reduction in the work force, employees shall be laid off in inverse order of seniority within their classifications. An employee affected by a lay off shall be entitled to "bump" into a lower classification within the bargaining unit if the employee is senior to the employee in the lower classification. 15.3 Employees will be recalled in inverse order of lay off provided the employee has the qualifications to perform the job at the time of recall. The City further agrees that no new employees will be hired until all qualified employees who have been laid off for less than twelve (12) months have been given an opportunity to return to work. Employees shall be notified of their recall by letter sent certified mail, return receipt requested, to the address in their official personnel file and shall be given fourteen (14) calendar days from receipt of the letter to return to work. 15.4 In the event that the City determines that it needs to retain an employee to maintain special skills or certifications necessary for the operation of the Department such as paramedic certification, fire inspector certification, or other similar certifications and skills, the Fire Chief may elect to retain an employee in a reduction in force regardless of seniority. The Fire Chief must provide written notification to the Union and affected employees specifying the reasons for retaining an employee of lower seniority based upon this provision. 15.5 An employee on lay -off shall retain seniority for one (1) year following lay -off, but shall not accrue seniority while on lay -off. 15.6 An employee on lay -off shall not lose seniority or eligibility to be recalled due to any outside employment or subsidies received. IAFF Agreement 10/1/2008 — 9/30/2011 23 ARTICLE 16 — INTERROGATION AND DISCIPLINE 16.1 Disciplinary interrogations shall be conducted in accordance with the Firefighters' Bill of Rights, Section 112.80, et seq., Florida Statutes, as amended. 16.2 No employee shall be discharged or disciplined except for just cause. 16.3 In the event an employee is discharged, suspended, or demoted, the City will furnish the employee with written notification of the discharge, suspension or demotion. This notification shall be hand delivered to the employee prior to its effective date or sent by certified mail, return receipt requested, to the employee at the address in the employee's official personnel file 16.4 Any employee under formal investigation shall have the right to be represented at his own expense by a representative of the Union or its counsel who shall be present at all times while the employee is being questioned relative to the alleged misconduct 16.5 In the cases where the City chooses to relieve an employee from duty pending an investigation or other administrative determination, the employee may be placed on paid administrative leave and shall be given written notification of the reason for the suspension. An employee may be placed on unpaid administrative leave in cases involving allegations of criminal activity, moral turpitude, ethics violations, or other serious allegations that may result in termination if sustained. Should an investigation result in disciplinary action, any period of suspension without pay shall be considered in the disciplinary action. 16.7 Any discipline document which is over three (3) years old, except for a previous suspension or demotion, shall not be used as a basis to progressively raise the level of discipline for an employee for an offense. IAFF Agreement 10/1/2008 — 9/30/2011 24 ARTICLE 17 — BULLETIN BOARDS 17.1 Where City bulletin boards are available at individual fire stations and the Fire administration offices, the City agrees to provide a minimum of 2' x 3' or equivalent available space on such bulletin boards for Union use. Where bulletin boards are not available, the City agrees to allow the Union to place bulletin boards in locations within the Fire stations and /or administrative Department mutually acceptable to the Fire Chief and the Union. 17.2 The Union shall utilize the bulletin board only to post the following: A. Notice of Union meetings. B. Notice of Union elections and Union election results. C. Copies of the Union's Constitution and By -laws and Amendments thereto. D. Notice of recreational and social affairs of the Union. E. Copy of this Agreement. F. Notices of dues (changes). G. Names of Local Union officials (and changes thereto). H. Local Union and International Union newsletter (i.e., monthly, quarterly, annual, or special publication). I. Minutes of Union meetings. 17.3 All materials placed upon the bulletin board by the Union will be initialed by the Union President or his designee. The Fire Chief or his designee shall be furnished with a copy of any material to be posted. 17.4 Under no circumstances shall the Union post any notice containing material of a political nature or material tending to directly or indirectly disparage or demean the City or any of its elected or appointed officials or employees. 17.5 Postings in violation of this Article may be immediately removed from any bulletin board. IAFF Agreement 10/1/2008 — 9/30/2011 25 ARTICLE 18 — VOTING 18.1 During a primary, general, or special election, an employee who is registered to vote and whose hours of work do not allow sufficient time for voting may, upon the approval of the Fire Chief in his discretion, be allowed necessary time off with pay for this purpose so long as it does not cause a staffing shortage or incur the City any overtime. Employees shall attempt to use any other means to vote including early voting, absentee ballots, and shift exchange before requesting the Fire Chief approve time off with pay. IAFF Agreement 10/1/2008 — 9/30/2011 26 ARTICLE 19 — LEAVE OF ABSENCE 19.1 The Fire Chief is authorized and may grant an employee a leave of absence for a period not to exceed thirty (30) calendar days. The City Manager is authorized and may grant leaves of absence for periods in excess of thirty (30) calendar days. 19.2 Holidays, sick leave, vacation leave, and any other benefit based on time spent in the employ of the City shall not accrue during a leave of absence. 19.3 Any salary increases for which an employee would have become eligible based in whole, or in part, on length of service with the City shall not be credited during any period of leave of absence. 19.4 A leave of absence may only be granted after the employee has exhausted all of his sick, vacation, compensatory and floating holiday time accrual. 19.5 City policy and procedure shall govern the continuation (if any) of existing insurance coverage during any leave of absence, and the opportunity to elect continuation coverage shall be provided as required by law. 19.6 Military leave shall be provided to bargaining unit members in accordance with state and federal law. The parties agrees that the City may, in its sole discretion, approve additional benefits for bargaining unit members in connection with military leave above those required by law. IAFF Agreement 10/1/2008 — 9/30/2011 27 ARTICLE 20 — SICK LEAVE 20.1 Sick leave will be earned at the rate of eight (8) hours per month for forty (40) hour workweek employees and twelve (12) hours per month for fifty -six (56) hour workweek employees. 20.2 Sick time shall accumulate up to a maximum of three hundred twenty (320) hours for forty (40) hour workweek employees and four hundred and eighty (480) hours for fifty -six (56) hour workweek employees. After an employee accumulates the maximum sick leave (either 320 or 480 hours as applicable), the employee shall be paid additional pay each month for those sick leave hours accrued in excess of the maximum as long as the employee does not use any sick leave during such month. If, however, the employee uses any sick leave after accumulating the applicable maximum sick leave, the employee must restore the accumulated sick leave to the maximum again before the employee shall be eligible for any additional pay. 20.3 Upon separation of employment, except for the commission of a criminal act of moral turpitude, an employee with a minimum of five (5) years service with the City shall be entitled to a lump sum payment of 100% for any unused accrued sick leave. An employee with less than five (5) years service with the City shall be entitled to a lump sum payment at the rate of two (2) hours of sick leave for one (1) hour of pay. The payment shall be determined by using the rate of pay received by the employee at the time of termination. 20.4 Regardless of years of service with the City, in the event of death or permanent disability, the employee's beneficiary or employee shall be entitled to 100% of any unused portion of accrued sick leave. 20.5 Personnel calling in sick will call in at least twelve (12) hours before going on shift, if possible. 20.6 Employees may use their accrued sick leave for illness in the immediate family. Immediate family is defined as: spouse, co- habitant, parents, grandparents, children, grandchildren, brothers, sisters, stepchildren, and stepparents of either the employee or spouse. 20.7 Employees may donate accrued sick leave to any City employee who has an emergency or long -term illness. 20.8 Employees are entitled to use Family and Medical Leave to the extent provided by the Family and Medical Leave Act and City policy and procedure. IAFF Agreement 10/1/2008 — 9/30/2011 28 ARTICLE 21— HOURS OF WORK AND OVERTIME 21.1 Hours of Work: 21.1.1 It is understood that the normal hours of work for the shift members shall be twenty -four (24) continuous hours on duty starting at 0700, or the time as modified by the employee management committee, followed by forty -eight (48) continuous hours off duty. 21.1.2 It is understood that the normal hours of work for members not assigned to twenty -four (24) hour shift shall normally be forty (40) hours per week. Daily work schedules for those so assigned will normally be eight (8) or ten (10) hours in duration. For 40 hour employees, efforts will be made to provide lunch and breaks in accordance with city policy and two consecutive days off in the workweek. 21.1.3 No fifty -six (56) hour workweek shift member shall be authorized to work more than fifty (50) continuous hours without a minimum of ten (10) hours off -duty rest without prior authorization of the Fire Chief. 21.2 Overtime: 21.2.1 Employees shall be compensated for overtime hours worked in accordance with the Fair Labor Standards Act. Pursuant to Section 7(k) of the FLSA, the City and Union have agreed upon a fourteen (14) day work period for purposes of overtime calculation under the FLSA. Time shall be recorded in 15 minute increments rounded up or down to the nearest quarter hour. 21.2.2 Employees working outside of the shift system shall be paid in accordance with City practice based on a forty (40) hour workweek. 21.2.3 A list of overtime hours worked shall be maintained for use in selecting employees for overtime call -in opportunities. Overtime shall first be offered for a position to the qualified employee with the least amount of overtime hours. If an overtime opportunity is not accepted by an employee, then the qualified employee with the next lowest amount of overtime hours shall be offered the opportunity. The Department may offer overtime opportunities for a position to qualified employees of a lower -rank (i.e., offer a Driver opportunity to a qualified Firefighter) if it deems appropriate, but the Department will not offer overtime opportunities for a position to a qualified employee of a higher -rank unless not otherwise able to fill the position or unusual circumstances exist. 21.2.4 In lieu of overtime compensation, a bargaining unit member may request and receive "compensatory time" equal to one and one -half (11/2) times actual hours worked. IAFF Agreement 10/1/2008 — 9/30/2011 29 21.2.5 Compensatory time shall be scheduled in the same manner as a "Floating Holiday." 21.3 If an employee is called -back for assignment after being released from duty, the employee will receive a minimum of three (3) hours overtime starting at the time of reporting to the worksite and ending upon release by supervisor. 21.4 Off -duty assignments shall be made in an equitable manner. 21.5 Sick leave will not count towards hours worked for overtime purposes. 21.6 Employees who are deployed in connection with a State or Federal disaster shall be entitled to receive "per diem" payments in accordance with amounts established by City policy. The parties agree that the City may, in its sole discretion, approve additional benefits and payments for bargaining unit members deployed in connection with a State or Federal disaster. 21.7 Meetings 21.7.1 Department meetings will be held on duty time, if possible, for the purpose of conveying policy changes, operating procedures, or discussion of operational or administrative procedures. 21.7.2 If Department meetings are held during off -duty hours and an off -duty employee is required to attend, the employee shall receive a minimum of two (2) hours pay. 21.8 Volunteer or part-time employees shall not be used to meet the minimum staffing level then established by the City, except in cases when a bargaining unit employee is approved for leave of any kind expected to be longer than 30 days. No volunteer or part-time employee shall perform fire fighting duties unless the individual meets the qualifications and standards established by the Employee Management Committee and is approved by the Fire Chief, in his sole discretion, to perform fire fighting duties. 21.9 Employees who are scheduled to work a recognized holiday will not be required to participate in or attend any scheduled training sessions. 21.10 Except as required to ensure the normal operating requirements of a fire station, including two (2) annual night trainings, and customer service needs, every effort will be made to permit down -time for all shift employees starting no later than 2100 hours until 0630 hours. IAFF Agreement 10/1/2008 — 9/30/2011 30 ARTICLE 22 — HOLIDAYS 22.1 The City will recognize the nine (9) paid holidays as set forth in City policies and procedures. 22.2 For non -shift employees, if a holiday falls on a Saturday, the holiday will be observed on the Friday before the holiday. If the holiday falls on a Sunday, the holiday will be observed on the Monday following the holiday. 22.3 For shift employees, if the actual holiday falls on an employee's off duty day, the employee shall either receive an additional twelve (12) hours compensation paid at the regular rate of pay or may request twelve (12) hours off to be scheduled with the Fire Chief. The day off must be taken within a twelve (12) month period. 22.4 For shift employees, if the actual holiday falls on an employee's duty day, the employee shall be compensated at the rate of time and one -half the regular rate of pay for all hours worked on the holiday in addition to twelve (12) hours holiday pay. In lieu of receiving holiday pay, the employee may request twelve (12) hours off, to be administered as a "floating holiday ", to occur within a twelve (12) month period. 22.5 In order to be eligible for holiday pay an employee must work both the last scheduled work day before the holiday and the first scheduled work day after the holiday unless the absence is due to compensated leave. 22.6 Each employee shall be entitled to three (3) floating holidays in addition to the scheduled holidays with pay per year, which must be taken within their anniversary year. Floating holidays shall be equivalent to the employee's normally scheduled workday whether eight (8), twenty - four (24), or any other normally scheduled number of hours. Floating holidays shall be scheduled with the approval of the Fire Chief, and employees shall not receive pay in lieu thereof. 22.7 In the event that the City provides an additional City -wide employee appreciation day, bargaining unit employees shall receive eight (8) hours of compensatory time for each appreciation day approved. IAFF Agreement 10/1/2008 — 9/30/2011 31 ARTICLE 23 — BEREAVEMENT LEAVE 23.1 When a death occurs in the immediate family of an employee, that employee shall be granted bereavement leave without loss of pay up to 4 work shifts. Additional time may be taken by the employee as vacation leave, personal days, sick leave, a leave of absence without pay or a day off without pay as approved by the Fire Chief. 23.2 Immediate family shall mean: spouse, co- habitant, parents, mother -in -law, father -in -law, grandparents, children, grandchildren, brothers, stepbrother, sisters, stepsister, stepchildren, stepparents of either the employee or spouse; or any person in care of the employee or permanently residing with the employee. 23.3 The City has the right to request a verification of the death. IAFF Agreement 10/1/2008 — 9/30/2011 32 ARTICLE 24 — VACATION 24.1 Employees covered by this Agreement shall be entitled to annual vacation leave with pay, based on the number of years of service with the City, as follows: Employees working forty -hour (40) workweek Less than 1 year 0 hours 1 -4 years 96 hours 5 -10 years 144 hours 11 years 192 hours 12 years 200 hours 13 years 208 hours 14 years 216 hours 15 years 224 hours 16 years 232 hours 17 years and over 240 hours Employees working fifty -six (56) hour workweek Less than 1 year 0 hours 1 to 4 years 144 hours 5 to 10 years 216 hours 11 years 288 hours 12 years 300 hours 13 years 312 hours 14 years 324 hours 15 years 336 hours 16 years 348 hours 17 years and over 360 hours 24.2 No employee shall be entitled to vacation leave without having first completed a full year of employment. Upon completion of one (1) year of employment with the City, an employee who works a forty (40) hour week shall be credited with ninety -six (96) hours of vacation leave; an employee who works a fifty -six (56) hour week shall be credited with one hundred forty -four (144) hours of vacation leave. 24.3 Subsequent to the completion of one year of employment, the employee shall accrue vacation leave on a bi- weekly basis. 24.4 Vacation leave accrued, but not used, within any given anniversary period may be carried over and accumulated. Employees who work a forty (40) hour week may accumulate vacation leave up to a maximum of five hundred (500) hours; an employee who works a fifty -six (56) IAFF Agreement 10/1/2008 — 9/30/2011 33 hour week may accumulate vacation leave up to a maximum of seven hundred twenty (720) hours. 24.5 In lieu of taking vacation leave, vacation leave may be cashed in an amount equal to one- half (1/2) of that accrued within the current anniversary period, at the employee's discretion throughout the fiscal year as long as the employee submits the appropriate form to the City no later than June 1 for payment in the forthcoming fiscal year. The exchange of vacation leave for cash cannot exceed the amount submitted. Exchange will not be allowed if the employee fails to submit this form prior to June 1. The amount of compensation shall be determined by using the employee's hourly rate at the time the vacation leave is cashed in. 24.6 Upon separation of employment, except for the commission of a criminal act of moral turpitude, an employee is entitled to a lump sum payment for any unused portion of accrued vacation leave. The payment shall be determined by using the rate of pay received by the employee at the time of separation. 24.7 Vacation leave may only be utilized by prior approval by immediate supervisor, Fire Chief or designated representative. Request for annual leave should be submitted fourteen (14) calendar days prior to starting leave to assure adequate time for coverage. 24.8 While every effort will be made to accommodate vacation time request, approval and duration may be determined on availability of personnel with equal rank, assignment or recognized certifications to cover the employee's requested leave. No more than two (2) personnel per shift may be granted scheduled leave without prior approval of the Fire Chief or designated representative. 24.9 Vacation leave may only be used to the extent of the employee's available accumulation. 24.10 All vacation will count towards hours worked for overtime purposes. IAFF Agreement 10/1/2008 — 9/30/2011 34 I I I I ARTICLE 25 — UNIFORMS AND EQUIPMENT 25.1 The City agrees to provide the clothing /equipment without cost to bargaining unit members upon employment in accordance with then established policy. Upon hire, the City shall provide bargaining unit members the following clothing/equipment: Uniform trousers ..4 pair Duty T -Shirts 4 Duty Boots 1 pair Duty Belt 1 POLO -style Shirts 4 Collared Sweat Shirt 1 25.2 Members that are assigned to staff positions shall be provided appropriate attire for meetings, inspections or public speaking events in accordance with then established policy. 25.3 The City agrees to replace /repair issued clothing and equipment damaged due to normal wear and tear or resulting from the performance of assigned duties. 25.4 Personal property required to be used in the line of duty which is damaged or destroyed during the performance of duty shall be replaced by the City up to a limit of $200 with proof of cost. (Greater amounts for replacement of personal property may be approved prior to damage by the Fire Chief.) All replacements must be approved by the Fire Chief and will be furnished to the bargaining unit member within thirty (30) business days of approval. 25.5 Bargaining unit members shall be required to maintain the clothing and equipment provided by the City in an acceptable condition. All assigned uniforms and equipment shall be returned to the City in the event of separation of employment. IAFF Agreement 10/1/2008 — 9/30/2011 35 ARTICLE 26 — INSURANCE 26.1 The Union shall have the opportunity to discuss and provide input on any proposed changes to insurance through the employee- management committee prior to implementation by the City. 26.2 The City agrees to furnish Bargaining Unit members a health and dental group insurance plan. For employees hired prior to October 1, 2004, the City agrees to pay the entire amount of the health insurance premium for the Bargaining Unit member and fifty percent (50 %) of the health insurance premium for their dependents. Employees hired after October 1, 2004 will have the opportunity to purchase dependent health insurance coverage. 26.3 The City shall provide life insurance for all employees covered by this agreement in an amount equivalent to one (1) year's base salary rounded up the next thousand dollars: however no employee's life insurance coverage shall be less than fifteen thousand ($15,000) dollars. 26.4 The City shall provide a maximum $155,000 accidental death and dismemberment policy for all bargaining unit members. 26.5 The City agrees to pay 50% of all dental coverage. IAFF Agreement 10/1/2008 — 9/30/2011 36 ARTICLE 27 — INJURIES /LIGHT DUTY ASSIGNMENT 27.1 All light duty for injuries occurring in the line of duty shall be offered and applied consistent with the Fire Department practices as of the date of this Agreement. Assignment of light duty may vary depending on the availability of other assignments and the employee's ability to assist with other assignments based upon education, knowledge, experience, special skills (e.g., computer software experience), and prior work on special projects. Nothing herein requires the City to provide light duty where there are no available assignments or the employee lacks the ability to perform other available assignments. 27.2 For non -duty related injuries, the City, in consultation with the Fire Chief, may permit the employee to continue with his normal duties, reassign the employee to other duties with the Fire Department, or temporarily remove the employee from duty. Nothing herein shall require the City to create a position for the employee. 27.3 Should the employee be temporarily removed from duty during the period of time specified for correction of disability, the employee may utilize sick leave, vacation leave or request a leave of absence without pay for the correction period. 27.4 If the disability cannot be corrected and becomes permanent, the City in consultation with the Fire Chief, will attempt to place the employee in another City position, which in City's discretion, the employee can perform satisfactorily. IAFF Agreement 10/1/2008 — 9/30/2011 37 ARTICLE 28 — PHYSICAL FITNESS /HEALTH 28.1 The parties agree that employees covered hereunder must maintain a level of fitness necessary to perform their firefighting and related duties. To achieve /maintain such level of fitness, employees will be required to participate in such physical fitness sessions as are mandated by the Department or in any Department Fitness Initiative. To determine whether employees covered hereunder have a level of fitness necessary to perform their firefighting and related duties, the Department may administer physical fitness tests that are utilized by any other department in the State of Florida or has been approved by any national organization such as the Fire Chiefs' Association, the IAFF, etc. for use in evaluating the fitness level of firefighting personnel. If an employee fails to achieve the minimum required score on a physical fitness test, a fitness improvement plan for the employee will be developed. Thereafter, the employee will be retested every three (3) months until the employee successfully achieves a passing score. Should the employee not achieve a passing score within one year, the employee may be subject to disciplinary action up to and including termination. Nothing herein shall prevent or restrict the City from removing an employee from duty or separating an employee from employment upon a determination that the employee is not physically capable of performing the essential functions of the position. 28.2 To ensure that each member has the ability to achieve and continue a healthy lifestyle the City agrees to the following: 28.2.1 Each member shall be permitted daily, workload permitting, a maximum of sixty (60) minutes of physical exercise (including warm up and cool down.) 28.2.2 The Employee Management Committee shall determine the appropriate yearly fitness assessment tests, passing scores and benefits thereof, and training rehabilitation programs for those who fail to achieve passing scores. 28.3 Each employee may be subject to an annual physical examination, which may include but is not limited to the following tests: Urinalysis Vision Test Audio Screen Test Height and Weight Record Blood Pressure Blood Chemical Profile EKG at rest EKG stress test if cardiac risk profile deems necessary Pulmonary function test Complete hepatitis screening Tuberculosis test and chest x -ray if indicated IAFF Agreement 10/1/2008 — 9/30/2011 38 The City shall ensure that the results of all medical evaluations and physical performance test shall remain confidential as required by law. In the event that any medical evaluations and physical performance test indicates that an employee has any potential restrictions or need for further testing and/or evaluation, all such activities and records related to any restrictions, testing, or evaluations shall be coordinated through Personnel and remain confidential as required by law. The Fire chief shall be notified by the physician only as to whether each firefighter is fit for duty. 28.4 The Union recognizes that the Surgeon General of the United States has determined that tobacco contributes to the development of a number of heart and lung diseases. All members of the bargaining unit shall be required, as a condition of continued employment, to refrain from using any tobacco products at any time. IAFF Agreement 10/1/2008 — 9/30/2011 39 ARTICLE 29 — WAGES 29.1 The parties acknowledge that for fiscal year 2010 -2011 only, the City paid to all bargaining unit members a five hundred dollar ($500) one -time stipend (before taxes). For fiscal year 2010 -2011 only, the parties acknowledge that the City has implemented the FY 10 /11 hourly rates set forth in Exhibit B. Although the City agrees to make reasonable efforts to implement the rate changes set forth in Exhibit B in subsequent years, any increases or implementation in subsequent years must be mutually bargained for by the parties, and there is no guarantee requiring the City to fund or implement hourly rates for any additional years beyond fiscal year 2010 -2011. 29.2 The parties agree that no other wage increases shall be provided in fiscal year 2010 -2011. Wage increases, if any, after September 30, 2011 shall be established solely through the collective bargaining process. 29.3 All bargaining unit employees employed as a firefighter as of the date of ratification of this Agreement shall be entitled to receive paramedic incentive pay equal to $2.00 per hour. For any bargaining unit employees hired after ratification of this Agreement, who are cleared to function as a paramedic under both City and County protocols and assigned by the Fire Chief to perform paramedic duties, instead of hourly paramedic incentive pay shall be entitled to receive an annual stipend in the amount of $6000.00. Such stipend shall be paid in monthly installments and prorated for any partial months or weeks of work. Stipends shall not be paid for any unpaid periods unpaid leaves of absence or periods whereas employee was not permitted to operate as a cleared paramedic. IAFF Agreement 10/1/2008 — 9/30/2011 40 ARTICLE 30 — RULES AND REGULATIONS 30.1 The employees covered hereunder shall comply with all rules, regulations, policies, procedures and operating bulletins of the City, the Department, and any amendments thereto, except as superceded or modified herein. The Union shall be provided with one copy of any rule, regulations, policies, or standing operating procedures, which replace or add to the City's and/or Fire Departments present rules, regulations, policies, or procedures. 30.2 Should the City or the Department amend or modify any of the aforesaid rules, regulations, policies, or procedures, a courtesy copy of any such new (or amended) rule, regulation, policy, procedure, or operating bulletin shall be mailed or delivered to the Union (or the Union's employee representative within the Fire Department) at least ten (10) business days prior to implementation. Nothing herein shall restrict the City or the Department from implementing any new (or amended) rule, regulation, policy, procedure, or operating bulletin prior to the expiration of ten (10) business days if operational necessity requires such earlier implementation. Prior to implementing any changes in rules, regulations, policies or standard operating procedures the union shall be provided with a copy of the proposed change and given an opportunity to submit written comments. Any written comments submitted by the union within ten (10) calendar days shall be considered by the City. Nothing herein be construed to restrict the City's right to implement any such changes or revisions. 30.3 The Union shall be furnished a copy of all current and subsequently amended written rules, regulations, policies, procedures, and operating bulletins pertaining to employer - employee relations and distributed to members of the bargaining unit. 30.4 No disciplinary action will be taken for a violation of a new (or amended) rule, regulation, policy, procedure, or operating bulletin until the employee has actual knowledge or the passage of at least six (6) calendar days after dissemination to the employees, whichever is earlier. For the purpose of this Article, dissemination of such new (or amended) rule, regulation, policy, procedure, or operating bulletin shall be via electronic mail, telecommunication, station briefing, bulletin board posting, personal distribution, or any other appropriate means. IAFF Agreement 10/1/2008 — 9/30/2011 41 ARTICLE 31 — ALCOHOL AND DRUG TESTING 31.1 Bargaining unit employees shall be subject to the City's Drug Free Workplace Policy and may be required to submit to drug and alcohol testing as set forth in City policy and procedure as of the date of this Agreement. Failure to submit to testing is grounds for termination of employment. Employees covered hereunder may be required to take a drug /alcohol test pursuant to any random testing program not prohibited by applicable law and as established by City policy and procedure. IAFF Agreement 10/1/2008 — 9/30/2011 42 ARTICLE 32 — EDUCATION REIMBURSEMENT AND INCENTIVES 32.1 Education Reimbursement: 32.1.1The City agrees to make a good faith effort to promote on-the-job training for the purpose of improving the performance of employees, improving the quality of service rendered to the public and aiding employees to equip themselves for greater responsibilities and advancement to higher positions when available. 32.1.2 If an employee requests to take an enrichment course, upon prior approval by the Fire Chief and the City, the employee will receive reimbursement for 50% of the tuition. If the City recommends that an employee take an enrichment course, upon prior approval by the Fire Chief and the City, the employee will receive reimbursement for 75% of the tuition. All reimbursements will be subject to satisfactory completion of courses and any conditions established set forth in a course agreement with an employee. The Fire Chief shall determine attendance and approval after considering the needs of the department. 32.1.3 If an employee remains in the City's employment for two (2) years after satisfactory completion of an enrichment course, they will not be obligated to reimburse the City for any amounts paid by the City for satisfactory completion of an enrichment course. 32.1.4 Employees who do not remain employed by the City for two (2) years after satisfactory completion of an enrichment course will be obligated to reimburse the City for amounts paid toward course expenses as follows: 6 months or less after satisfactory completion of course =100% 6 -12 months after satisfactory completion of course = 75% 12 -18 months after satisfactory completion of course = 50% 18 -24 months after satisfactory completion of course = 25% 32.1.5 The Fire Chief may rearrange scheduling of shifts so as to allow an employee to attend approved enrichment courses. 32.1.6 An employee may be granted given educational leave for the purpose of taking courses or attending conferences and /or seminars directly related to the employee's work as determined and approved by the Fire Chief and the City in their sole discretion. An employee granted educational leave with full pay shall be entitled to receive all City benefits in the same manner as if he were on active duty during the period of the leave, excluding overtime provisions. 32.1.7The City shall assume financial responsibility for tuition, books and transportation for a course or certification required as a condition of continued employment. If the employee does not satisfactorily complete the course, he may re- enroll at own expense, and take such course on personal time. IAFF Agreement 10/1/2008 — 9/30/2011 43 32.2 Employees who receive certification or completion of specific courses shall be eligible to receive monthly educational incentive pay in the amount of twenty -five (25) dollars. The appropriate and/or adjusted educational incentive pay shall commence on the first pay period of the month following notification to the Personnel Department that the employee has successfully completed the course. Proper notification shall be a copy of the transcript and the certificate of completion of degree. 32.3 An employee can only receive monies for classes or certifications that are not required for the employee's current job description. An employee can receive a maximum eligibility of one - hundred (100) dollars a month for incentives. 32.4 The Fire Department assigned personnel will be responsible for maintaining employee achievement records and providing the incentives due each employee to the Personnel Department, based upon the certifications /degrees received as identified in the chart below. Category 1 Category 2 Category 3 Category 4 Category 5 Level 1 Level 2 Advanced Instructor Category 4 Certifications Certifications Achievements Ratings Classes (1 required) (1 required) (1 required) (2 required) (2 required) :Driver operator :Fire officer 2 : Fire Officer :CPR :BTLS /EMT's :Fire Instructor :Fire Instructor 2/3 :Secondary :ACLS : EMT IV's :Fire Inspector :Fire Inspector 2 Degrees :PALS /PEPP :Red Card :Arson :Arson 2 :TRT tech level :BTLS :NFA 2 weeks :CERT :Education :First Aid Mentor :EVOC :Car Seat :SCBA Tech : EM PDS 32.4.1 It is agreed that each member accepting incentive pay shall perform duties commensurate to the level of certification or training that established eligibility for the category. 32.4.2 The member will forfeit category pay if at any time the certification or training that established category eligibility becomes unusable. The member will not be prevented from obtaining additional eligibility based on alternate certifications or trainings required for the category. If a member is receiving State funding for a college degree, they can only utilize additional college degrees from accredited institutions that are equal to or greater than the State funded degree; e.g. a member receiving a 4 -year degree may not receive additional educational credit for a 2 -year degree. 32.5 Special project Lead program as assigned by the Fire Chief is compensated at Fifty dollars ($50.00) a month. Assistants for special projects assigned by the Fire Chief will be IAFF Agreement 10/1/2008 — 9/30/2011 44 compensated at twenty -five ($25) dollars a month. Examples of special projects may be, but not limited to: vehicle maintenance, building maintenance, training coordinator, EMS equipment, purchasing, etc. A special project is a designated additional activity or duty, outside the scope of the employee's job description, assigned by the Fire Chief that increases the employee's daily work load or responsibilities. The categories for both incentive eligibility and special project stipend may be altered as needed by the Fire Chief and as approved through the Employee Management Committee. 32.6 At no time shall incentive or educational monies received from the State or Federal Government be considered part of the total allowable incentives a bargaining unit member can obtain. 32.7 Categories for both incentive eligibility pay and special project stipend may be altered as needed based on the decision of the Employee Management Committee. IAFF Agreement 10/1/2008 — 9/30/2011 45 ARTICLE 33 — ENTIRE AGREEMENT /DURATION 33.1 This Agreement contains the entire agreement of the parties on all matters relative to wages, hours, working conditions and all other matters which have been, or could have been negotiated by and between the parties prior to the execution of this Agreement. 33.2 Appendices and Amendments (if any) to this Agreement shall be lettered or numbered, dated, and signed by the parties, and shall constitute part of this Agreement. 33.3 This Agreement shall be effective upon approval and execution of the parties and shall remain in full force and effect until and including September 30, 2013. 33.4 Neither party shall be permitted to reopen or renegotiate this Agreement for fiscal year 2010 -2011; provided, however, that for fiscal years 2011 -2012 and 2012 -2013 either party may reopen the Agreement for the limited purpose of negotiating Wages and three (3) other Articles. If a party reopens this Agreement for said limited purposes in fiscal year 2011 -2012 and 2012- 2013, the other party shall be entitled to present three (3) Articles for negotiations. 33.5 Upon mutual consent anytime during the term of this Agreement, the parties may agree to reconsider any provision of this Agreement. IAFF Agreement 10/1/2008 — 9/30/2011 46 ARTICLE 34 — MILEAGE 34.1 Any employees who has received prior authorization to use the employee's private automobile in the performance of official City duties will be compensated by the City at the rate authorized by current City policy. 34.2 Employees shall not accept compensation and/or fees from another entity in connection with travel unless expressly authorized by the City. If an employee receives compensation and/or fees from another entity which is not expressly authorized, the employee shall turn such over to the City. IAFF Agreement 10/1/2008 — 9/30/2011 47 ARTICLE 35 - SEVERABILITY /SAVINGS 35.1 Should any provision of this collective bargaining agreement or any part thereof be rendered or declared invalid by reason of any existing or subsequently enacted state or federal legislation or by a decree of a court of competent jurisdiction, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. The parties agree that they shall meet within thirty (30) calendar days of the date when the contract provision was determined invalid, in order to negotiate a replacement provision. IAFF Agreement 10/1/2008 — 9/30/2011 48 SIGNATURE PAGE IN WITNESS THEREOF, the parties attach their hands and seals the below - written dates: CITY OF EDGEWATER EDGEWATER PROFESSIONAL FIREFIGHTERS IAFF LOCAL 4575 By: By: Attest: Attest: Date: Date: IAFF Agreement 10/1/2008 — 9/30/2011 49 APPENDIX A Seniority List for Bargaining Unit Employees Hired Before October 1, 2010 Name Date of Hire Barlow, Trevor B. 07/11/86 Coates, Bruce J. 03/08/91 Ruth Jr., Daniel 08/20/93 Jollie, James 11/27/95 Hayward, Ronald J. 12/04/98 Lariscy, Jeffrey 12/04/98 Lewis, Shellie A. 12/04/98 Haynes, Jason 12/04/98 Halcomb, John P. 09/27/99 Everidge, Bryan E. 03/29/02 Lewis, Reese 06/21/02 Meeske, Dennis 06/21/02 Swets, Gregory A. 04/25/03 Hudson, Brandon 04/25/03 Spencer, David S. 11/10/03 Hayward, Kory J. 01/30/04 White, James J. 10/08/04 Fede, Dominick T. 10/08/04 Ward Jr., David D. 11/26/04 Thomas, Jeffrey S. 07/22/05 De Rosier, John R. 07/22/05 Pantuso, Ashley N. 07/17/06 Blair, David W. 12/17/07 Morgan, Andrew I. 03/12/08 Nickels, Justin T. 01/05/09 Bridges, Brian 12/13/09 Holland, Brett 12/14/09 IAFF Agreement 10/1/2008 — 9/30/2011 50 • MEDIATION SETTLEMENT AGREEMENT T he undersigned parties agree to the settlement of all claims by and on behalf of N\ against CA-4 1 v`C' c Ly e_.� �A e✓' t J t ( r--� for injuries and damages sustained by N1 c cc 1.4-5 �v'c,J tA/1 in and accident /incident occurring on ^ 1 i ° ( t) and to the dismissal of the pending lawsuit with prejudice upon the following terms: shall pay the sum of $ 3 f 1 O0 in full and final settlement of all claims by and on behalf of ' y tC t. 45 t,, . V --li...C,U..4 s, L�(.) t, shall execute a complete release of a E e,t - -. and shall hold th harmless from any and all outstanding bills and /or liens. 2. The cost of mediation shall be paid by CL- 1 b � c�w�� ee. 3. - lii z_. _ li tS C.� - - A. a .V . -- A,...‘ tAx IK ----. h. ..5 ‘.4 WAR-- /L'C-r\ " C l/ A - M .0 4 / 4 - ' .,2 /) Executed this 3 t day •f 1 '` 6,.. , 2011 morw...... ,- 1i-c. i-'. is - f' r /f4 . ; 7 . 4,- ci Comprehensive Plan City of Edgewater City of Edgewater 2030 Comprehensive Plan List of Chapters Chapter 1 Future Land Use Element (Restoration SCD Sub-Element) Chapter 2 Transportation Element Chapter 3 Housing Element Chapter 4 Utilities Element (Natural Groundwater & Aquifer Recharge Sub-Element, Potable Water Sub-Element incl. Water Supply Facilities Work Plan, Sanitary Sewer Sub-Element, Solid Waste Sub-Element, and Stormwater Sub-Element) Chapter 5 Coastal Management Element Chapter 6 Conservation Element Chapter 7 Recreation and Open Space Element Chapter 8 Intergovernmental Coordination Element Chapter 9 Capital Improvements Element Chapter 10 Public School Facilities Element List of Maps Transportation Element (cont) Future Land Use Element Existing and Proposed Bicycle Existing Land Use Map Facilities Map Traffic Analysis Zones Map Flood Zones (100-Year Floodplain) Map Current Level of Service Map Wetlands Map Projected Level of Service Map Topography Map Future Transportation Map General Soils Map Utilities Element (Potable Water Sub- Element) Soil Suitability for Development Map Utility Service Area Map Public Water Wells Map Utilities Element (Sanitary Sewer Sub- Element) Future Land Use Map Wastewater Service Area Map Transportation Element Wastewater Facility Map Existing Major Thoroughfare and Functional Classification Map Utilities Element (Natural Groundwater Aquifer Sub- Element) Existing Road Jurisdiction and Aquifer Recharge Areas in Maintenance Responsibility Map Volusia County Map Existing Number of Lanes Map Utilities Element (Solid Waste Sub- Element) Signalized Intersections, Constrained Facilities, and Solid Waste Collection Area Map Accident Locations Map Transfer Station Map Evacuation Routes Map Tomoka Landfill Map Public Transit and Major Traffic Generators Coastal Element Primary Watershed Basins Map Coastal Element (cont) Conservation Element (cont) Coastal Planning Area MapGeneral Soils Map Land Uses in Coastal Planning Septic Soil Suitability Map Area Map Topography Map Water Dependent/Water Related Map Recreation and Open Space Element General Vegetative Cover Map Location of Existing Publicly Owned Recreation Facilities Map Coastal 100-Year Floodplain Map Park Service Area Map Hurricane Vulnerability Zones Map Location of Open Space Parks Map Public Facilities in the Coastal Planning Area Map Intergovernmental Coordination Element Evacuation Routes Map Location of Elementary Schools Traffic Circulation in the Coastal Map Planning Area Map FDOT Roadways within Conservation Element Edgewater Map Mosquito Lagoon OFW Public Schools Facilities Element Designated Area Map Indian River Water Quality Long Range Facilities by Classifications Map Planning Areas Map Shellfish Harvesting Restoration Sustainable Community Classifications Map Development District Sub-Element 100-Year Floodplain Map Restoration SCD – Conservation/Development Areas Aquifer Recharge Areas in Map Volusia County Map Proposed Redevelopment Area Wetlands Map Map CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT Text with strikethr = deletions) CITY OF EDGEWATER COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT GOALS, OBJECTIVES, AND POLICIES 2-0� CHAPTER I CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER I FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with strikethreugI = deletions) CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions — Text with strikethr = deletions) CHAPTER I FUTURE LAND USE ELEMENT GOALS, OBIECTIVES, AND POLICIES 4)-. GOALS, OBJECTIVES AND POLICIES GOAL 1: Fe u. oly tilt I&IN - 1 u3c P-a :f. fl. �: ;- t� aui� ��x tlx:. flu&'Rtr - efli€e fa lu c.i u v�itrr�ii:» n cblIc m Ensure that the character and location of land uses in Edgewater promote the conservation of resources. efficiency and concurrency in the provision of public facilities and services. maximization of economic benefits for existin and future citizens., compliance with adopted minimum levels of service standards. and concurrently minimize detrimental impacts to health. safety. and welfare which may be jeopardized by environmental degradation. nuisances. and incompatible land uses. Objective 1.1: Land Use Categories. The C=47 96 To maintain regulations for land use categories within the City and a Future Land Use Map (FLUM)to ensure the coordination of future land uses with existing and adjacent land uses. Policy 1.1.1: Future Land Use Categories. The adopted Future Land Use Map shall contain and identify appropriate locations for the following land use categories, as defined in this -eElement. [9J -5.006 (3)(c)1. and (3)(c)7., F.A.C.] Land Use Categories Agriculture Low Density Transition Low Density Residential Medium Density Residential High Density Residential Commercial Mixed Use Industrial Recreation and Open Space Adopted on Date Maximum Density /Intensity- I dwelling unit /2.5 acres I dwelling unit /acre 4 dwelling units /acre 8 dwelling units /acre 12 dwelling units /acre 0.5 floor area ratio 12 dwelling units per acre and 0.5 floor area ratio 0.5 floor area ratio 0.25 floor area ratio 141-1 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with s tr i kethreugI 4 = deletions) Conservation Not Applicable Conservation Overlay Not Applicable Public /Semi -Public 0.5 floor area ratio Sustainable Community See SCD Sub - Element Development Policy 1.1.2 Density /Intensity The City shall adopt maximum densities and intensities for each land use category which encourage economic development while protecting the natural environment as indicated in the above table. f9J -5.006 (3)(c)l.. F.A.C.] Policy 1.1.3 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. f9J -5.006 (3)(c)T. F.A.C.] Policy 1.1.4 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. The City shall encourage Low Impact Development (LID) to promote resource management and protection including water use management. Policy 1.1.5: Housing. The Future Land Use Map shall contain an adequate diversity of lands for residential uses to meet the future demand for residential densities identified in the Housing Element. Policy 1.1.6 Density Bonus The land development regulations may also provide for up to 25 % increase in permitted residential densities for Mixed -Use planned unit developments. Specific standards and procedures for allowing such increases shall be included in the land development regulations. L9J -5.006 (3)(c)5.. F.A.C.] The ILand 4Development i-Regulations may provide for up to a 25% increase in the maximum permitted intensity of commercial or industrial development where exceptional provisions are made for buffers, 0:79o26 000001 SGD q LVA�I'T 7Tl 444 P M �G�T Adoyted on Date 441-2 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with s tr i kethreugJ 4 = deletions) landscaping, open space, and protection of existing native trees. Provision of such additional amenities shall be in addition to minimum requirements. Policy 1.1.7 Recreation and Open Space Public or private lands may be designated as Recreation and Open Space. If the facility is not resourced- based, a maximum of 25% impervious area shall be allowed in areas designated as Recreation and Open Space to ensure their protection, proper development and future public use and benefit. Urban infill areas may have development exceptions. Development in this land use category should be in the public interest. f9J -5.006 (3)((1A, F.A.C.] Policy 1.1.8 Conservation Overlay Properties that are designated as Conservation Overlay areas may potentially contain wildlife habitat areas including habitat for rare, endangered and threatened species, hydric soils /wetlands (as defined in the Conservation Element), mangrove swamps, cypress swamp, mixed hardwood swamp, hydric hardwood hammock and sand pine /xeric oak scrub, estuarine marsh ecotone, freshwater marshes, special vegetative communities, areas within a public water well radii of 500 -feet, 100 -year floodplain areas, and other areas subject to environmental or topographic constraints. f9J -5.006 (3)(c)1.. F.A.C.] • A final determination of the suitability for development of any individual parcel, as it relates to a Conservation Overlay area on the FLUM , shall be determined prior to issuance of any development approval. • The Conservation Overlay area on the Future Land Use Mai is not to be considered the exact boundary of the conservation area, but to act as an indicator of a potential conservation area. The exact boundary shall be determined by a qualified professional on a case -by -case basis at the expense of the Developer. • The Conservation Overlay area is not all inclusive and other areas that do not fall within the boundaries that meet the definition of conservation areas are also subject to the regulations affecting them. n�0o�c 000001 SGD q LVA�I'T 7Tl 444 P M �G�T Adoyted on Date 441-3 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with s tr i kethreugI 4 = deletions) • Development approval will be subject to an Environmental Impact Study as to the extent of the impact of development or redevelopment for any lands within Conservation Overlay areas. • If an area within the Conservation Overlay area is determined to be developable and all mitigation requirements have been met, then the underlying land use on the Future Land Use Map will apply. • Any property in a Conservation Overlay area is required to undergo the planned unit development procedure which includes site specific plan approval and the clustering of density to protect these areas. • Principal permitted structures may not be located in any mangrove swamp, estuarine marsh ecotone, or freshwater marsh. Access for recreation will be permitted by the City on a limited basis. • Efforts should be made to protect wetlands, if feasible. Otherwise, appropriate mitigation is required. • Natural resources that are discovered as a result of a required environmental study will be protected. The environmental impact study will require that a qualified professional analyze the natural functions of eco- systems and connectivity of resource corridors. A Conservation land use designation or a conservation easement will be required to protect the functions of natural resources. Mitigation may be allowed on a case -by -case basis through the appropriate reviewing agencies. • Land use categories that have Conservation Overlay areas may be allowed to transfer development densities /intensities (up to 1 unit per 10 acres for residential or the gross floor area density for non - residential development) to other areas of the site that are determined not to have natural resources. • Sites that are determined to be comprised of more than 30% natural resources will be required to provide additional performance standards to allow the transfer of developments densities /intensities, such as increased landscaping, stormwater LVAI'T 7T .4 /09 A�4 UAA Adoyted on Date 1411-4 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with s tr i kethreugI 4 = deletions) design amenities, reclaimed water usage, conservation devices, etc. • All applicable land development regulations must be met to transfer development rights, including 2025% open space and minimum pervious surface requirements. • Upon completion of an environmental assessment, the area(s) determined to be ecologically sensitive by a professional ecological expert will be placed in a conservation easement to be preserved or mitigated through the appropriate reviewing /regulatory agency. At a minimum, the following areas shall be placed in a conservation easement; habitat for rare, endangered, or threatened species; wetlands of 1 /2 acre or more; mangrove swamps; cypress swamp; mixed hardwood swamps; hydric hardwood hammock; sand pine /xeric oak scrub; and areas within a public water well radii of 500 -feet. If a conservation easement is more than five (5) acres, the City will designate it as Conservation of the Future Land Use Map during the next comprehensive plan amendment cycle. 19J -5.006 (3) (c)1. and (3)(c)6._ F.A.C.], Policy 1.1.9: Mixed Use. The Mixed -Use land use category permits low, medium and high density residential development; commercial uses (retail and office); light industrial; educational facilities; recreation facilities; and, compatible public facilities. The following restrictions are applicable to all Mixed - Use developments: f9J -5.006 (3)(c)5.. F.A.C.] • A minimum of fifteen acres is required for the Mixed -Use land use category designation. • The only zoning districts permitted in the Mixed -Use land use categories are planned developments, including community center and employment center districts. • The City currently has an abundance of single- family residential land and limited commercial and light industrial uses. To encourage a variety of uses within the mixed use district, the 0:79o26 000001 im^rcccsl C�71 q LVA�I'T 7Tl 444 P M � Adoyted on Date 441-5 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with s tr i kethreugI 4 = deletions) community center and employment center districts will limit the percentage of any one type of use in the district, as follows: Community Center — The maximum amount of residential will be 60% of the site. The maximum amount of commercial uses (office and retail) will be 75% of the site. The maximum amount of light industrial will be 75% of the site. The maximum amount of educational and public facilities will be 60% of the site. Employment Center — The maximum amount of residential will be 30% of the site. The maximum amount of commercial uses (office and retail) will be 80% of the site. The maximum amount of light industrial will be 70% of the site. The maximum amount of educational and public facilities will be 40% of the site. • Mixed use land use categories that have Conservation Overlay areas may be allowed to transfer development densities /intensifies (up to 1 unit per 10 acres for residential or the gross floor area density for non - residential development) from sensitive natural resource locations to upland areas of the site that are determined not to have natural resources. • Sites that are determined to be comprised of more than 30% natural resources will require additional performance standards to allow the transfer of development densities /intensities, such as increased landscaping, stormwater design amenities, reclaimed water usage, conservation devices, and transition uses for compatibility with adjacent land uses. • The transference of development rights to upland portions of the site will not negate the City's 4-and JDevelopment i-Regulations. All regulations must still be met to transfer development rights, including 2Q5% open space and minimum pervious surface requirements. Employment Center Zoning District LVAI'T 7T .4 /09 A�4 UAA Adopted on Date -1-H I -6 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT Text with strikethr = deletions) Types of Uses Allowed Residential Commercial Industrial Public /Semi -Public Recreation /Open Space Allowable Range of Development 0%-30% 0% 0%-70% 0%-40% 2-925% iVlinimum Community Center Zoning District Types of Uses Allowed Residential Commercial Industrial Public /Semi -Public Recreation /Open Space Allowable Range of Development 0% 0%-75% 0%-75% 0% 25% Minimum Policy 1.1.10: Residential Density and the Future Land Use Map. The Citv shall ensure that residential densitv on the Future Land Mat, is based on the following considerations: • Past and anticipated future population and housing trends and characteristics: • Provision and maintenance of quality residential neighborhoods and preservation of cohesive neighborhoods, • Protection of environmentally sensitive lands: and • Transition of densitv between low. medium and hkTh residential districts. f9J- 5.006(3)(67. F.A.C.] Pahey 1.1.10-Policy 1.1.11: Group Home and Foster Care Facilities. The City shall continue to allow the location of group homes and foster care facilities in residential areas. These facilities shall serve as alternatives to institutionalization. Objective 1.2: Natural Resource Protection. _aintain land development regulations that protect natural resources { ra3, g , 0:79826 Qww C�71 q LVA�I' T 7T .4/09 /09 444 P M �C�T Adoyted on Date 141-7 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with tr gI = deletions) h ___..4,. "a ft nd vrlicc vc from the impact of development. A3�K* P revent development in areas that have inadequate soils, topography or other constraints to protect public health and welfare. P rotect manatees in the Indian River through the continued implementation of the Volusia County Manatee Protection Plan. f91 -5.006 (3)(b)1. and (3)(b)4.. F.A.C.] Policy 1.2.1: Septic Tanks and the Central Sewer Service. A-s-- € Since the year 2000, the City will no longer permit the use of septic tanks within the City to prevent potential soil and groundwater contamination. When financially feasible, the City shall extend central sanitary sewer service to all developed properties within the current City limits. The City will also coordinate with the County to limit septic tank permits. Policy 1.2.2: Requirement to Connect to the Sewer System. All previously developed properties must connect to central sanitary sewer when it becomes available within 500 -feet of the property and /or structure—w- 5.006 (3)(c)3.. F.A.C.] Policy 1.2.3: Retrofitting Development and Septic Tanks The City shall continue to pursue funding to retrofit all development that is utilizing septic systems on unsuitable soils. Policy 1.2.4 Wellhead Protection The City shall provide for wellhead protection in accordance with Florida Department of Environmental Protection (FDEP) standards, Rule #62 -521, effective as of the date of the initial adoption of the City's 1Vater Supply Facilities Fork Plan, and the Volusia County Wellhead Protection Ordinance. f9J -5.006 (3) (c)6.. F.A.C.] Policy 1.2.5 Floodplain Management The City shall continue to maintain a floodplain management ordinance, which includes the development standards required for participation in the National Flood Insurance Program. Furthermore, the ordinance shall require that new construction or substantial improvement of any structure have the lowest floor elevated to one foot (1') above the established 100 -year flood elevation without the use of fill. f9) -5.006 (3)(()1.. F.A.C.] 0:79826 000001 SGB T q I'VAUT Tl ninn 4.43 nn,rn A �G� Adopted on Date 441-8 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with s tr i kethreugI 4 = deletions) Policy 1.2.6 Environmental Impact Study and Floodplains The City shall use the Conservation Overlay on the Future Land Use Map and required Environmental Impact Study's to protect the natural functions of the floodplains in the City and adjacent jurisdictions. [ 9J -5.006 (3) (61.. F.A.C.] Policy 1.2.7: Performance Standards and Environmental Impact Study. Additional performance standards will be required for development sites that are determined through the Environmental Impact Study to have floodplains, such as vegetative buffers, additional setbacks, and clustered development away from the floodplains areas. [9J -5.006 (3)(c)1._ F.A.C.] Policy 1.2.8 Prohibiting Development on Mangrove and Spoil Islands The City shall support the prohibition of development on the mangrove and spoil islands located within the Indian River/ Mosquito Lagoon estuary. 4-- 5.006 (3) (c)1.. F.A.C.] Policy 1.2.9: Stormwater Management. The City shall continue to ffiftiftfftiftenforcc the stormwater management requirements in the Land Development Code, which provide specific standards for the design of on -site stormwater systems, as well as strategies and measures to minimize runoff into the Indian River Lagoon. [91 -5.006 (3)(c)4.. F.A.C.] Policy 1.2.10: Development Orders and the Stormwater Master Plan. No development orders shall be issued unless the proposed development is determined to be in compliance with the City's Stoiwwater Master Plan. 5.006 (3)(0. and (3)(c)4._ F.A.C.] Policy 1.2.11: Identifying Properties with Potential Development Constraints. The City shall utilize the natural vegetative map, USGS, Soil Conservation Service and the Hydric Soils of Florida Handbook to identify properties which have potential development constraints based upon hydric soils, wetland vegetation, flood hazard potential or other topographic constraints, and, if necessary, require an Environmental Impact Study. [9J -5.006 (3)(c)l._ F.A.C.] 0:79826 nnnnni 102:7565 1 SGD T q I'VAUT T1 _,'nn n n3 IPA �G� Adopted on Date 441-9 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) Policy 1.2.12_ Regulating Boating Impacts. The City shall regulate boating impacts on the Indian River pursuant to Phase II, the Boat Facility Siting component, of the Manatee Protection Plan for Volusia County as adopted by the City on August 1, 2005. Policy 1.2.13_ Aggregated Number of Boat Slips. The City shall implement the "slip aggregation" option referenced in the Volusia County Manatee Protection Plan. The aggregated number of motorized boat slips to be constructed within the City is 418 and is based upon data and research contained in the Manatee Protection Plan for Volusia County. Policy 1.2.14_ Boat Slips and Single - #Family Lots. Single- Family residential lots with Indian River frontage shall not be denied their riparian rights to construct a minimum of atte (4) two (2) motorized boat slips per lot. f9J -5.006 (3) (c)1.. F.A.C.] Policy 1.2.15_ Encouraging Shared, Multi -slip Facilities. The City shall encourage shared, multi -slip facilities and aggregation of slips during development and redevelopment, including single - family lots of record. Policy 1.2.16_ Marina Development /Redevelopment. Any marina development/ redevelopment shall be consistent with the Manatee Protection Plan for Volusia County. Policy 1.2.17_ Manatee Protection. The City shall monitor the manatee protection policies pursuant to the Manatee Protection Plan for Volusia County. Policy 1.2.18: Floodplain Miti -aation. Development within the 100 Year Floodplain shall provide necessary mitigation to maintain the natural stormwater flow re The 100 Year Floodplain Zone shall be delineated within the Future Land Use Map Series. The boundary of the 100 Year Floodplain Zone shall be determined by the most recent Flood Insurance Maps prepared by the Federal Emergency Management Agencv. Mitigation shall occur through the following activities: v v Adopted on Date 144 1-10 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with str = deletions) a. Prohibited Land Uses and Activities. Storing or processing materials that would. in the event of a 100 Year Storm. be buoyant. flammable. explosive. or potentially miurious to human, animal or plant life is prohibited. Material or equipment immune to substantial dama by flooding may be stored if securely anchored to prevent flotation or if readily removable from the area upon receipt of a flood warning. Manufacturing land uses shall be discouraged from encroaching into the 100 Year Floodplain Zone. v v b. Minimum Floor Height Elevation. All new construction and substantial improvements of existing construction must have the first floor elevation for all enclosed areas at twelve inches above the 100 year flood elevation. C. Construction Materials and Methods. All new construction and substantial improvements of existing construction shall be constructed with materials and utility equipment resistant to flood damage. and using methods and practices that will minimize flood damage and prevent the pollution of surface waters during a 100 vear flood event. d. Service Facilities and Utilities. Electrical heating, ventilation, plumbing. air conditioning. and other service facilities shall be designed or located to prevent water from entering or accumulating within the components during a base flood. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate both infiltration of flood water into the systems and discharges for the systems into flood waters. e. Residential Subdivision Plans and Desizn. Plans and desi -ns for subdivisions shall minimize potential flood damage by locating recreation and conservation uses. if included in the plans, to areas within the Flood Zone. reserving as much land as Adopted on Date 1441-11 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with s tr i kethreugJ 4 = deletions) possible outside the flood zone for other land uses. Flood zones shall be identified on all final development plans submitted to the C� £ Stormwater Facilities. The Citv shall require development to have drainage facilities in place and functioning concurrent with the impacts of development. as stipulated by deadlines established within the Concurrency Management System. Such draina facilities shall be desi to comply with the City's established level of service standard. Developers shall be required to install all necessary drainage facilities necessary to maintain the natural flow regime of the 100 year floodplain. consistent with level of service standards. Objective 1.3: Concurrency. The Gify shaR e Ensure that future development i-S provides essential services and facilities at acceptable standards by incorporating the following policies into the site plan review process and the City's Concurrency Management System. 19J - 5.006 (3)(J )9._ F.A.C.]. Policy 1.3.1: Impacts on Current LOS Services and Facilities. The City shall review all development and redevelopment proposals to determine their specific impacts on current Levels of Service (LOS) for all services and facilities addressed in this Comprehensive Plan. [91 -5.006 (3)(c)3.. F.A.C.] Policy 1.3.2: Denial of Development Orders and LOS. 4— When a proposed development would result in a degradation of the adopted LOS, then a development order will be denied unless it can be demonstrated that sufficient improvements will be in place concurrent with the impacts of such development to maintain the adopted minimum LOS standard. 5.006 (3)(c)3._ F.A.C.1 Policy 1.3.3: Seeking Fiscal Resources to Expand Services and Facilities. The City will continue to seek fiscal resources to expand water and wastewater collection zones within established service areas, improve City roadways, and make other improvements necessary to accommodate growth and maintain services and facilities at adopted standards. Adopted on Date 1441-12 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with tr gI = deletions) Policy 1.3.4: Adoption of the City's Water Supply Plan. The City hereby adopts by reference the Vater Suppy Facilities Vork Plan (W`SF]T dated April 2009 as prepared by the City of Edgewater (see Attachment A of the Potable WLlater Element). The City will maintain the WISFWIP for a planning period of not less than ten years. The Wlater Supply Facilities Wlork Plan addresses issues that pertain to water supply facilities and requirements needed to serve current and future development within the City's water service area. The City shall review and update the WISF" at least every five years. Any changes to occur within the first five years of the WISFWP shall be included in the annual Capital Improvements Plan update to ensure consistency between the Potable Vater Sub- element and the Capital Improvements Element. Policy 1.3.5 Concurrency Requirement In accordance with Section 163.31 80(2)(a), F. S., the City shall, prior to approval of a building permit or its functional equivalent, determine that there will be adequate water supplies and facilities available no later than the date at which the City anticipates issuing a certificate of occupancy, to serve the new development. All development is subject to the City's Concurrency Management system. Policy 1.3.6 Tracking Water Demand The City shall track current water demand and outstanding commitments in order to determine the availability of an adequate water supply for proposed developments. Policy 1.3.7: Inventory of Water Supply Facilities. The City shall maintain an ongoing inventory of the water supply facilities and a plan for improvements needed to support existing and future demands. These shall be included in the IYISF". Objective 1.4: Discourage Urban Sprawl and Encourage Redevelopment. 4�he Maintain regulations and procedures in the Land Development Code to limit the proliferation of urban sprawl and encourage redevelopment and revitalization of blighted areas. (9J -5.006 (3)(b)2. and (3)(b)8._ F.A.C.] 0:79826 nnnnni 102:7565 1 SGD T q I'VAUT T1 _,'nn 4.43 nn,rn A �G� Adopted on Date 1441-13 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) Policy 1.4.1: Limiting Development and the Utility Service Area. The City will limit land development activities outside of the adopted Utility Service Area boundary to encourage infill and ensure the availability of services and facilities to accommodate development. [9J -5.006 (3)(c)3.. F.A.C.] Policy 1.4.2: Development Outside of the Utility Service Area. Intensive development proposed for areas outside the established utility service area shall be discouraged unless it can be demonstrated that such development will be adequately served by alternative service delivery systems. (9J -5.006 (3)(c)3.. F.A.C.] Policy 1.4.3: Reducing Limitations on Inf ll and Redevelopment. If necessary, the City may reduce limitations on infill and redevelopment activities consistent with the land uses and densities indicated in this p2lan in situations that will not jeopardize public health, safety or welfare. Policy 1.4.4: Revitalizing US Highway 1 and Park Avenue Corridors. By 2042 December 2014. the City shall re- evaluate the U.S_ Highway 1 corridor and the Park Avenue corridor to develop a plan for revitalization. The plan shall identify land uses and densities to be permitted, including density bonuses, and will address traffic circulation (both on -site and off - site), landscaping and open spaces, sign controls, and buffers for contiguous residential areas. Policy 1.4.5: Addressing Blighted or Deteriorated Areas. If blighted or otherwise deteriorated areas develop within the City, the areas shall be targeted for special consideration through theft redevelopment plan and or the community redevelopment plan as contained in Policies 3.1.1 and 3.1.2 of the Capital Inzbroveivents Element of this Plan. In such a case. the City shall pursue available Federal, State, County and Local funds for redevelopment. Objective 1.5: Future Land Use Compatibility. Ensure f- Future development must be consistent with the adopted Future Land Use Map and existing incompatible uses shall not be allowed to expand and shall be eliminated, when feasible. [9J -5.006 (3)(P)3.. F.A.C.] 1'VAFT Tl ninn 4.43 nn,rn A Adopted on Date -H4 I -14 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with s tr i kethreugI 4 = deletions) Policy 1.5.1: Inconsistent Land Uses. Proposed land use amendments, which are inconsistent with the character of the community or inconsistent with adjacent future land uses shall not be approved by the City, unless the adjacent future land uses can be shown to be inconsistent with the Comh ehensivePlaa, [9J -5.006 (3)(c)2.. F.A.C.] Policy 1.5.2: Repair or Rehabilitation of Structures. The City's ILand dDevelopment -rRegulations shall contain provisions that prohibit the repair or rehabilitation of an inconsistent structure that is abandoned or damaged beyond 50% of its appraised value and require demolition of the structure. Redevelopment of the property will only be allowed if it is consistent with the Future Land Use Map. Policy 1.5.3: Intensive Commercial Uses and Established Residential Areas. Intensive commercial land uses over 100,000 gross square feet shall be prohibited within established residential areas. Such uses shall be located at intersections of arterial roads or at intersections of an arterial and a major collector road. Such uses may also be considered as appropriate along U S. 14irkw #1 where the use is part of a Mixed -Use development appropriately buffered from adjacent older residential areas. Smaller commercial retail uses (including convenience stores) shall be located along arterial or major collector roads, but must be integrated in terms of traffic flow with adjacent development and buffered from single family uses. [9J -5.006 (3) (c) 1. and (3) (c)2._ F.A.C.] Policy 1.5.4: Buffer Requirement and Intensive Commercial and Industrial Uses. Intensive commercial and industrial land uses shall be buffered from low - density residential areas. This will be accomplished by locating less intensive transitional uses in between, or by visual buffering with berms, trees, or other methods to be included in the Land Development Code as deemed appropriate by the City. [9J -5.006 (3)(c01. and (3)(c)2.. F.A.C.] Policy 1.5.5: Higber Density Residential Areas. Higher density residential development shall be designated for areas adjacent to more intensive land uses such as Commercial and Light Industrial. Where feasible, visual 0:79826 000001 SGD T q IVAFT Tl ninn 4.43 nn,rn A �G� Adopted on Date IHI I -15 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) buffering shall be utilized to reduce any negative effects on the residents of such development. f9J -5.006 (3)(c)1. and (3)(c)2._ F.A.C.] Policy 1.5.6: Maintaining a Landscape Ordinance. The City shall maintain a Landscape Ordinance that requires adequate buffering between transitional uses. [9J -5.006 (3)(c)2._ F.A.C.] Policy 1.5.7: Maintaining Site Design Requirements and Subdivision Regulations. The City shall maintain site design requirements and subdivision regulations in the Land Development Code, which adequately address the impacts of new development on adjacent properties in all land use categories and zoning districts. f9J -5.006 (3)(c11. and (3)(c)2- F.A.C.] Policy 1.5.8: Signage Limitation and Location. The City's lLand dDevelopment tRegulations shall limit signage which can be viewed from residential property and restrict the location of signs which interfere with traffic flow and sight distance. (9J -5.006 (3) (c)1.. F.A.C.] Policy 1.5.9: Conversion of Residential Structures and SR 442. Due to the widening of S.R. 442, the City shall permit conversion of existing residential structures to professional office uses only when the following conditions shall apply: (9J -5.006 (3)(c)2._ E.A.C.] • The property is located on S.R. 442, east of Pinedale Road and west of U.S. Highway 1, and has a minimum of 100 -feet frontage along S.R. 442.. -; • A Conditional Use Permit is applied for and granted by the Planning and Zoning Board -; • Adequate access and parking to redeveloped parcels is provided..; • Land Development Code standards for buffers and site visibility triangle can be provided to effectively maintain the viability of adjacent residential uses-. m9826 nnnnni 102;565s SGD q I'VAUT Tl ninn 4.43 nn,rn A Adopted on Date -H4 I -16 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with s tr i kethreugJ 4 = deletions) • A site plan is approved by City staff. Professional office uses permitted are restrictive and shall be designed to serve primarily the residents of the immediate neighborhood. The usage of these properties shall not be detrimental to, nor incompatible with, the current nature of the area. Specific guidelines and requirements for conversion of those properties are provided in the City's Land Development Code. Policy 1.5.10: Ensuring Adequate Water Supplies. In accordance with Section 163.3180(2)(x), F.S., the City shall determine whether there will be adequate water supplies to serve the new development prior to approval of a building permit or its functional equivalent. All development is subject to the City's Concurrency Management system. The City shall track current water demand and outstanding commitments in order to determine the availability of an adequate water supply for proposed developments. f9J -5.006 (3)(c)3.. F.A.C.] Objective 1.6: TransportationlLand Use Compatibility. Ensure that population densities, housing types, employment patterns, and land uses in the City are consistent with the City's transportation network. [9J -5.006 F.A.C.] Policy 1.6.1: Minimizing Curb Cuts and Access Points. Curb cuts and points of access to the traffic circulation system shall be minimized on major roads„ f9J -5.006 (3)(c)4.. F.A.C.] Policy 1.6.2: Requiring Shared Driveways and Cross Access. Shared driveways and cross access between adjacent properties shall be e in all new development or redevelopment proiects. as determined by the City's Development Services Department_ to improve the traffic flow along major roads„ f9J -5.006 (3)(c)4.. F.A.C.] Policy 1.6.3: Proposed Transportation Improvements. Proposed transportation improvements shall be consistent with the land use patterns on the Future Land Use Map. f9J -5.006 (3) (c)2.. F.A.C.I. LVAI'T 7T .4 /09 A�4 UAA Adoyted on Date IHI I -17 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with tr gI = deletions) Policy 1.6.4: Land Uses with High Traffic Counts. Land uses that may generate high traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems. Policy 1.6.5 On - site Parking The City shall require an adequate quantity of on -site parking to accommodate land uses. f9J -5.006 (3) (c)4.. F.A.C.] Policy 1.6.6: Guidelines for the SR 442 Corridor. The City shall continue to use 1+1 Apr4 -2994 44 X 11 r. S.R. 442 fcon do7 Plan_ adopted in April 2004. t� S. R. 112, in_�as a guide to implement regulations i the hatid C f ef ati ovei di t, wh1 ,- h 1ipr-e for specific street landscape, architectural design standards and all other applicable rea_uirements: for properties developed along the S.R 442 corridor. Objective 1.7: Adjacent Jurisdictions. P romote the compatibility of adjacent land uses with Volusia County and the neighboring cities of New Smyrna Beach and Oak Hill. f9J -5.006 (3)(J )3.. F.A.C.] Policy 1.7.1: Considering Adjacent Existing and Proposed Land Uses. When reviewing land use amendments, the City shall consider the existing and proposed land uses in any jurisdictions that are adjacent to the proposed amendment. f9J -5.006 (3)(c)2._ F.A.C.] Policy 1.7.2: joint Planning Agreement with Volusia County. The City shall continue efforts to enter into a joint Planning Area agreement with Volusia County to control the timing of urban expansion. L9J -5.006 (3)(c)3.. F.A.C.] Policy 1.7.3: Intergovernmental Coordination Continue intergovernmental coordination through associated technical committees with neighboring jurisdictions, such as the Transportation Planning Organization (MTPO), the Volusia Council of Governments (VCOG) and the Volusia Growth Management Commission (VGMC). LVAI'T 7T .4 /09 A�� UAA Adopted on Date 1441-18 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with s tr i kethreugI 4 = deletions) Objective 1.8: Annexation. P ursue a policy of annexation, which will provide for the most efficient use of public facilities and services, eliminate areas of jurisdictional problems, and provide for sound growth and development of the City and surrounding area. 5.006 (3) (b)1. and (3) (J)9.. F.A.C.] Policy 1.8.1: Interlocal Agreement with Volusia County. The City will continue its efforts to enter into an Interlocal agreement with Volusia County 2 f,.ot.�h o f the e ff a..+. & E3 uYYi ettdffiett+ regarding a future joint planning area, future annexation boundaries, urban service boundaries, and a matrix of compatible County and City land uses. -9L 5.006 (3)(c)2. and (3)(c)4- F.A.C.] Policy 1.8.2 Reducing Land Use Conflicts. In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible. f9J -5.006 (3)(c)2.., F.A.C.] Policy 1.8.3: Annexation of New Development. 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. f9J -5.006 (3)(c)3.. F.A.C.] Policy 1.8.4: Availability of Water Supply and Facilities. The City will prepare data and analysis to address the availability of the water supply and facilities needed for all lands annexed into the City. Policv 1.8.5: Establishin, Incentives to Annex into the City. By December 2014, the Citv shall conduct an analvsis demonstrating the benefits of unincorporated areas. includin those within existing enclaves_ annexing into the City. At minimum. the analysis shall include: incentives to property owners who annex in the Citv and compare public safety response times and services that are available to Citv residents. The Citv shall gresent the residents of above mentioned grogerties with the findings of the analysis through the form of an educational brochure and /or the Citv's website. 0;no26 000001 S 4 LVA�I'T 7Tl A�4 UAA � GB t Adoyted on Date 144 1-19 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with tr gJ = deletions) Objective 1.9: Historic and Archeological Sites. _ } Identify, designate, and protect historically significant housing and significant archeological sites. f9J -5.006 (3)()4., F.A.C.] Policy 1.9.1: Protecting and Preserving Historic Sites and Properties. The City will protect and preserve its historic sites and properties, buildings, artifacts, treasure troves and objects of antiquity, which have scientific or historic value, or are of interest to the public. f91-5.006 (3)(c)8.. F.A.C.] Policy 1.9.2: Prohibiting Development and Historically Significant Properties. Development shall be prohibited which alters or damages any site or building determined to be historically significant that is designated on the register of historically significant property maintained by the State of Florida. f91-5.006 (3)(c)8.. F.A.C.] Policy 1.9.3: Historic Preservation Standards. By 2- 0"December 2014, the City shall reevaluate the current esfablisk ffiere standards for historic preservation in the Code of Ordinances to ensure the protection of historically significant cultural sites and historic structures from development or redevelopment. The City shall coordinate with Edgewater's Recreation /Cultural Services Board to determine if new historic preservation standards shall be implemented. f9T -5.006 (((c)8.. F.A.C.] - - Policy 1.9.4: Working with the Historical Museum. By 209 December 2014. the City shall work with the historical museum to identify historic and archeological sites in Edgewater. If any are identified, the City shall maintain a database that identifies the location of potential archeological and historic sites and review all future development and redevelopment to prevent any negative impact to these sites. f9J -5.006 (3)(c)&. F.A.C.] Policy 1.9.5: Identifying and Protecting of Archeological Resources and Historical Significant Buildings. The Citv shall identify and protect buildings and improvements that have historical or architectural significance. The Cite= shall use the Florida Master Site File as a resource Adopted on Date 144 1-20 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with str = deletions) to identif , archeological resources and historicallv significant structures. All historically significant sites or structures listed on the Florida Master File or the National Register of Historic Places shall be identified in the Futui °e Land Use Mat Series. In addition. the City shall also distin buildings as historic if the following criteria are met [9j-5.006(3)(c)(8), F.A.C.]: • The age of the subject site exceeds fifty years. • Whether the building. structure. or object represents the last remaining example of its kind in the neighborhood or City: or • Whether documented proof indicates that the site played a significant role in the history of Edgewater. Volusia County or the State of Florida. • If type. density and intensity of adjacent land use shown on the Future Land Use Mat) is not compatible to the preservation of the historic site then appro buffering a nd screening techniques shall be requirements imposed on encroaching adjacent new development. Such requirements shall be stipulated within the Land Development Regulations. Policv 1.9.6: Rebabilitatinz Relocating, or Demolition of Historic Sites. Criteria established in the Land Development Regulations pertaining to the rehabilitation or relocation of a designated historic structure shall follow the U.S. Secretary of the Interior's "Illustrated Guidelines for Rehabilitating Historic Buildings ". Additional criteria for approving the relocation. demolition. or rehabilitation of a historic structure shall include the following factors M- 5.006(3)(()8. F.A.C.]: a. The historic character and aesthetic interes the building structure, or object and how it contributes to its present setting b. Whether there are definite plans for the area to be vacated and the effect of those plans on the character of the surrounding neighborhood: C. Whether the building. structure. or object can be moved without significant and irreversible damage to its physical integri ty: Adopted on Date 1441-21 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with s tr i kethreugI 4 = deletions) d. Whether the building. structure. or object represents the last remaining example of its kind in the neighborhood or City: e. Whether definite plans exist to reuse the subject property if a proposed demolition is carried out. and the effect of those plans on the character of the surroundings: and £ Whether reasonable measures can be taken to save the building, structure. or object to a level safe for occupation. Objective 1.10 Public Utilities. T'-� Wik' i. Maintain 1Land dDevelopment -Regulations and procedures which will require provision of land for utility facilities necessary to support development and will limit land development activities when such land for utility facilities is not available_, ai - poci ff � S�ka , Tn2ig peheies: f9T -5.006 (3)(P)1. and (3) (b)9.. F.A.C.] Policy 1.10.1 Proposed Development and Public Utilities Proposed development shall be reviewed in relation to existing and projected utility systems and any land needs of these systems; such as, water and sewer plants; transmission corridors for electric and other utilities; easements for maintenance; and, other requirements. f9J -5.006 (3)(,)3.. F.A.C.] Policv 1.10.2 Development Orders and Utilities No development orders shall be issued unless it can be demonstrated that the land required by utility systems serving the City will be preserved. f9T -5.006 (3)(c)3.. F.A.C.I Objective 1.11 Public Schools The City sh _ ilmplement standards for the siting of public schools and to increase the quality of life and local educational opportunities for its Edgewater's citizens. Policy 1.11.1 Permitting Public Schools Public schools shall be allowed in all future land use designations except Conservation atad lviL�� Ca1cr�� Ovc�ic:y &ivr 3. In addition. 189 public schools shall continue to be listed e end D- allowed in all zoning districts with the exception of the Conservation (CN), Residential Professional (RP), Mobile Home Park (NM-1) and Heavy Industrial (I -2) zoning districts. f9J -5.006 (3)(c)1. and (3)(()7.. F.A.C.] Adopted on Date IRI I -22 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with s tr i kethreugI 4 = deletions) Policy 1.11.2 New School Site Locations New school sites shattid shall not adjoin an active railroad or airport; and must not be adjacent to any noxious industrial uses or other property from which noise, vibration, odors, dust, toxic materials or other disturbances would have a negative impact 5.006 (3) (c)1.. F.A.C.] Policy 1.11.3: Minimizing Detrimental Impacts and New Schools. New schools sliettid shall minimize detrimental impacts on residential neighborhoods, hospitals, nursing homes and similar uses through proper site location, configuration, design layout, access, parking, traffic controls and buffers. [9J -5.006 (3)(c)1. and (3)(c)7.. F.A.C.] Policy 1.11.4 Size of New School facilities and Land Area The size of new school facilities and land areas shall satisfy the minimum standards established by the School Board of Volusia County, whenever possible. Policy 1.11.5 New School Sites Guidelines New school sites shottid shall be well drained and education buildings shattid shall be located away from floodplains, wetlands, and other environmentally sensitive lands. Education facilities shall not have an adverse impact on historic or archeological resources. Policy 1.11.6 New School Sites and Concurrency Public utilities, as well as police and fire protection, shall be available concurrently with the construction of new school sites. [9J -5.006 (3)(c)3.. F.A.C.] Policy 1.11.7: New School Sites and Road Frontage. New school sites sliatild shall have frontage on or direct access to a collector or arterial road and shall have suitable ingress and egress for pedestrians, bicycles, cars, buses, service vehicles, and emergency vehicles. [91 -5.006 (3)(c)4.., F.A.C.] Policy 1.11.8: Collation of Public Facilities. To the extent possible, during pre - development program planning and school site selection activities, the City shall coordinate with the School Board of Volusia County to m9826 nnnnni 102:7565 1 SGD T q 1'VAFT Tl ninn 4.43 nn,rn A �G� Adopted on Date 1441-23 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) collocate public facilities, such as parks, libraries, and community centers, with schools. 19J -5.006 (3)(c)4- F.A.C.] Policy 1.11.9: New Schools and Emergency Shelters. Portions of new schools, in accordance with the recommendations of the Volusia County Emergency Management Department, should be constructed to serve adequately as emergency shelters in case of natural disasters. Policy 1.11.10: Public Elementary, Middle, and High Schools. Public elementary, middle, and high schools shall be considered essential infrastructure for the support of residential development. Objective 1.12: Hurricane Evacuation. Control future density and intensity in areas subject to coastal flooding to protect the safety, health and welfare of the citizens of Edgewater. In addition_ the City shall continue to coordinate coastal population densities with appropriate hurricane evacuation plans. f9J -5.006 (3)(b)5- F.A.C.] Policy 1.12.1: Coordinating Land Use Density and Intensity and Coastal Flooding. Coordinate land use density and intensity in areas subject to coastal flooding with the East Central Florida Regional Planning Council and the Volusia County Comprehensive Emergency Management Plan (CEMP). (9J -5.006 (3)(c)7._ F.A.C.] Policy 1.12.2: Maintaining a Disaster Preparation, Response and Recovery Plan. The City will continue to maintain a Disaster Preparation, Response and Recoveg Plan that sets forth the planning and procedures for evacuation and coordinates with County, State and Federal efforts. Policy 1.12.3: Submit Proof of Acceptable Hurricane Evacuation Time. Land use amendments and zoning changes that will increase the density or intensity of uses in areas subject to coastal flooding are required to submit proof of acceptable hurricane evacuation time. f91-5.006 (3)(c)7.., F.A.C.] - 1'VAFT TV /0P 4.44 nn,rnn, Adopted on Date 1441-24 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) Policy 1.12.4: Prohibiting Development and Hurricane Evacuation Time. Increased development will not be allowed in areas that do not meet standards for hurricane evacuation time. f9J -5.006 (3)(()7.. F.A.C.] Policy 1.12.5: Maintaining Post Disaster Recovery Procedures. The City of —_ will continue to maintain post disaster recovery procedures in the Disaster Preparation, Response and Recovery Plan. Objective 1.13: Dredge Spoil Locations. Ensure the desigitatedesignation of adequate sites for dredge spoil disposal since Edgewater is located within the coastal area. „ 0J -5.006 (3) 0111.. F.A.C.I. Policy 1.13.1: Supporting the Florida Inland Navigation District. The City will continue to support the efforts of the Florida Inland Navigation District to develop a spoil site on a large tract of land north of Park Avenue. 5.006 (3)(c)9.. F.A.C.] Policy 1.13.2: Reserving Adequate Sites for Soil Disposal. Coordination with the navigation and inlet districts and other applicable agencies will continue to ensure that adequate sites have been reserved for dredge spoil disposal to meet the future needs of the State. (9J -5.006 (3)(c)9.. F.A.C.] Policy 1.13.3: Environmental Impact Study Requirement. The City shall require an Environmental Impact Study for all sites proposed for dredge spoil disposal. 19J -5.006 (3)(()9.. F.A.C.] Policy 1.13.4: Criteria for Sites Selected for Dredge Spoil Disposal. Sites selected for dredge spoil disposal must be financially feasible, provide adequate access, and have adequate utilities and buffers. 19J -5.006 (3)(c)9.. F.A.C.] Obiective 1.14: Innovative Land Development Re ,-ulations. Maintain and promote innovative land development regulations. f9J- 5.006(3)0)10.. F.A.C.] Policy 1.14.1: Encouraging Innovative Land Use Development Techniques. The City shall continue to encourage the use of innovative land use development techniques such as planned development projects. cluster Adopted on Date 1441-25 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions — Text with strikethroug = deletions) housing techniques and mixed use developments. [9J- 5.006(3)(c)5.., F.A.C.] Policv 1.14.2: Identifying and Prioritizing Inf ll Development Sites. Utilize existinv. inventories of land use information to identify and prioritize infill development sites: then coordinate with the Volusia County Office of Economic Development to make this information available to the private sector. Policy 1.14.3: Economic Development Incentives for Inf ll and Redevelopment. By December 2014. the City shall establish initiatives to provide economic development incentives to infill and redevelopment development projects that are currently served by the City's utilities. Policv 1.14.4: Maintaining the City's Historical Built Environment. Thron4h the land development and permitting processes. the City shall cooperate with the private sector to recognize and maintain the integrity of the City's historical built environment. [9J -5.006 (3)(c)8.. F.A.C.] Policy 1.14.5: Attracting High Technology and Other Industrial Development. Ensure that appropriate land. infrastructure and amenities are available to attract high technology and other industrial development that is compatible with the local labor force. raw materials and landform /environmental constraints. [9J -5.006 (3)(c)3.. F.A.C.] Policy 1.14.6: Incentives for Developers and Variety Housing Types. By December 2014. the Citv shall amend the Land Development Code to provide incentives for developers providing for a variety of housing types. Policv 1.14.7: Larier Lots for Rural Homesteads. The Citv shall encouraLye a certain percentage of planned unit developments to include larger lots than currently in the City. Priority shall be given to those lots adjoining conservation areas. Additionally. quasi - commercial ventures. such as selling products that are grown on the land. providing horseback riding lessons. Bed & Breakfast establishments. and other suitable uses. shall be an overall component of the rural homestead guidelines. Adopted on Date 1441-26 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with s tr i kethreugI 4 = deletions) Policv 1.14.8 Reemirinm Underzround Utilities The City shall require all new subdivisions. residential and commercial developments. approved after the adoption of this Combrehensive Plan. to have underground telephone, cable and electrical utility lines to provide a more attractive. efficient. and safer development. when feasible. Obiective 1.15: Hazard Mitization Reports. C ft si e f the s 1 \ d�=:i ziEliminate or reduce e&future land uses that are inconsistent with the Volusia County Local Hazard Mitigation Strategy and other existing and future interagency hazard mitigation reports. 19j- 5-006(3)(b)6.. F.A.C.] v v v Policv 1.15.1: Reviewinm Interagency Hazard Mitikation Reports. The Citv shall review interagenc�v hazard mitigation reports as they become available to determine if actions are appropriate to eliminate or reduce future land uses that are inconsistent with the report. Obiective 1.16: Electric Infrastructure 4:ft-Mfaintain, encourage, and ensure adequate and reliable electric infrastructure is readily available in the City. Policv 1.16.1: Permittin,- New Electric Distribution Substations. The Citv shall allow new electric distribution substations in all land use categories except Conservation. The City= shall. if possible. avoid locating substations where they would be incompatible with adjacent land uses [chapter 163.3208 (4). F.S.I.. Policy 1.16.2 Compatibility of New Electric Distribution Substations. The City shall require the compatibility of new electric distribution substations with surrounding land uses Including heightened setback landscaping, buffering. screening. lighting. etc.) as part of a joint public /private site planning effort. [91- 5.006(3)(c)2. F.A.C.] Policv 1.16.3 New Electric Distribution Substation Standards By December 2014, the City shall amend the Land Development Regulations to ensure that the following standards apply to new distribution electric substations (to the extent of State's requirement.�): Adopted on Date 1441-27 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) In nonresidential areas. the substation must comply with the setback and landscaped buffer area criteria applicable to other similar uses in that district. if any. Unless the City Council approves a lesser setback or landscape re uirement. in residential areas. a setback of up to 100 feet between the substation property boundary and permanent equipment structures shall be maintained as follows: 1. For setbacks between 100 feet and 50 feet. an open green space shall be formed by installing native landscaping. including trees and shrub material. consistent with the relevant local government's land development regulations. Substation equipment shall be protected by a security fence consistent with the City's Land Development Regulations. 2. For setbacks of less than 50 feet. a buffer wall 8 feet high or a fence 8 feet high with native landscaping consistent with the relevant local government's regulations shall be installed around the substation. Policy 1.16.4: New Electric Distribution Substation Compliance. All new distribution electric substations in the Citv shall comply with the euidelines and standards established in Chapter 163.3208. F.S. Obiective 1.17: Renewable Enerev Resources. T-&-e Encouraee the development and use of renewable energy resources. efficient land use patterns. and reducing greenhouse gas emissions in order to conserve and protect the value of land. buildings. and resources. and to promote the good health of the City's residents. [9)-5.006(3)(b)(12). (3)0-1) (13). and (3)(b)(14)- F.A.C.] Policy 1.17.1: Energv Efficient Land Use Pattern. The Citv shall maintain an energy efficient land use pattern and shall continue to promote the use of transit and alternative methods of transportation that decrease reliance on the automobile. [9j-5.006(3)(c)(11)-F.A.C.] Adopted on Date 144 1-28 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with str = deletions) Policv 1.17.2: Promotinjz Walkinjz and Bicvclin2. The Citv shall continue to encourage and develop the "walk - ability and bike - ability' of the City as a means to promote the physical health of the City's residents. access to recreational and natural resources, and as a means to reduce greenhouse gas emissions. [9]- 5.006(3)(c)(12). F.A.C.I. Policv 1.17.3: Establisbinz an Enerav Manazement Plan. By December 2014, the City shall develop and implement an Energv Management Plan to minimiz electric. fuel and water resources in City buildings. fleet vehicles and on public properties. f9J- 5.006(3)(c)(13). F.A.C.] Policv_ 1.17.4: Solar Collectors. No action of the City shall prohibit or have the effect of prohibiting solar collectors. or other energy devices based on renewable resources from being installed on a building and as further set forth within Section 163.04. Florida Statutes. 19T-5.006(3)(c)(13)- F.A.C.] Policv 1.17.5: Construction of Public Facilities and Buildings. Public buildings and facilities shall be constructed, and adapted where reasonably feasible to incorporate energy efficient designs and appropriate "_green" building standards. Green Building standards that should be observed are contained in the Green Commercial Buildings Designation Standard, Version 1.0, published by the Florida Green Building Coalition. Inc. f_9T- 5.006 (3) (c) (11) . F.A.C.I. Policv 1.17.6: Enemy Efficient Design and Construction Standards. The Citv shall continue to promote and enforce energy efficient design and construction standards as these become adopted as part of the State Building Codes. The City shall also promote commercial and residential standards that are promulgated from time to time by the Florida Green Building Coalition. Inc. [91- 5.006(3)(c)(11). F.A.C.] Policv 1.17.7: Promotinm Mixed Use Developments. The Citv shall continue to promote mixed -use developments in areas planning for urban development or redevelopment as a mean to produce energy efficient land use patterns and reduce greenhouse gas emissions. (9T- 5.006 (3) (c) (11) and (3) (c) (12). F.A. C.l Adopted on Date 144 1-29 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with s tr i kethreugI 4 = deletions) Policv 1.17.8: Development Incentives for Smart Growth Development. By December 2014, the City shall offer incentives and flexibility for development projects that will make development application. review and approval processes easier. faster and more cost effective for projects that are consistent with the Smart Growth Principles of the Comt) ehensive Plan and that can be demonstrated to reduce infrastructure costs. promote the preservation of open space and habitat lands_ provide energy efficient land use patterns. and reduce greenhouse gas emissions. Other incentives shall also be evaluated for projects that participate in energy- efficient development programs such as: • U.S. Environmental Protection Avencv's Energy Star Buildings and Green Li Program to increase energy efficienc�v through lighting upgrades in buildings: v v • Rebuild America. v • Building for the 21 st Century: • Energy Smart Schools. • National Industrial Competitiveness through Energy: • U.S. Department of Environmental Protection's Pollution Prevention (P2) Program; • U.S. Green Building Council (LEED): or • Florida Green Building Coalition (FGBC)_ including pursuing certification as a Green Government. Obiective 1.18: Low Impact Development. Establish guidelines for and promote the use of Low Impact Development (LID) techniques to allow developers more flexibility in the site design and development. Policv_ 1.18.1 Definin Low Impact Development Low Impact Development is an ecologically friendly approach to site development and storm water management that aims to mitigate development impacts to land_ water., and air. The approach emphasizes the integration of site design and planning techniques that conserve the natural. cVstems and, hydre!Qgkc functions of a site. Adopted on Date 144 1-30 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER I FUTURE LAND USE ELEMENT -- Text with str = deletions) Policy 1.18.2: Low Impact Development and Stormwater Management Techniaues. The City shall encourage all new development and redevelopment projects to implement permeable surfaces. bioretention areas. grassed swales. vegretated roof tops. or rain barrels in the development. when feasible. as a Low Impact Development stormwater manqgment technique(s) to: • Reduce stormwater runoff: • Minimize bollutant discharges: • Decrease soil erosion: • Maintain aquifer recharge: and • Maintain base flows of receiving streams. Policy 1.18.3: Incorporating Natural Site Elements in the Design Process. As a Low Impact Development technique. the City shall ensure that all development and redevelopment projects. when feasible. incorporate natural site elements such as wetlands. river or stream corridors. drainage ways. or mature forests as a design element to further protect the Citv's natural resources. Policy 1.18.4: Promoting the Benefits of Low Impact Development Techniques. Prior to the approval of a final site plan. the City shall promote the benefits of implementing Low Impact Development techniques to all applicants of developments. Adopted on Date 1441-31 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with s tr i kethreugI 4 = deletions) - �fajp I 1i ;t:sn�g-, L&msd U3e ?Nlap I'VAUT Tl ninn 4.43 nn,rn A Adopted on Date 144 1-32 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) -W*tcr Bcdic and Flood Zones Adopted on Date 144 1-33 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) 1'VAFT Tl ninn 4.43 nn,rn A Adopted on Date 144 1-34 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) A4x I 11 '"mss upZ.y 1'VAFT Tl ninn 4.43 nn,rn A Adopted on Date 144 1-35 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) 1'VAFT Tl ninn 4.43 nn,rn A Adopted on Date 144 1-36 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) Map 1 6 Soil u:tGh'LKt; I'VAUT Tl ninn 4.43 IPA Adopted on Date 144 1-37 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) I'VAUT Tl ninn 4.43 nn,rn A Adopted on Date 144 1-38 Ordinance No. CITY OF EDGEWATER CHAPTER I COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT (Text with underline = additions -- Text with str = deletions) I P. 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I.........................../15 Mal, II 11: Futur. ram: p.r T\Iar ....................................................................... ..............................1 Map 11 wic be nY „ d ................................... .............................17 Adopted on Date II -1 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions -- Text with tril(et r ough = deletions) CHAPTER II TRANSPORTATION ELEMENT GOALS, OBJECTIVES, AND POLICIES GOALS, OBJECTIVES AND POLICIES GOAL 1: To develop a safe, convenient, efficient and coordinated system of motorized and non- motorized transportation facilities which to ensures adequate movement of people and goods through and within the City. Objective 1.1: Roadway Network. Te- Erovide an attractive, safe, convenient, and ener" efficient arterial, collector and local roadway system that serves travel demands within and through the City. f9J -5.019 (4)(b)1. F.A.C.] Policy 1.1.1: Design of Arterial Road System. The arterial roadway system shall be designed through cooperation with the FDOT and Volusla County to provide high- volume, multi -lane facilities with access controls, as needed, to preserve the through traffic carrying capacity of the facility. The City will require joint use access, cross access easements, and access prohibitions wherever traffic patterns and physical features make it possible in the development approval process. Policy 1.1.2: LOS Standard. The minimum Level -of- service (LOS) standard, to be adopted as part of this eElement and p2lan, shall be as follows: • Limited Access Roads C—,-B Peak Hour. or as otherwise prescribed by FDOTl • Arterials D Peak Hour: and • Collectors D Peak Hour. f9J -5.019 (4)(c)1. F.A.C.] Policy 1.1.3: Acceptable Lower LOS. A lower LOS may be acceptable immediately before and after special events where the impacts of such events on the roadway system are infrequent. Policy 1.1.4: Design of Major Roadways. All major roadways shall be designed as complete transportation corridors, incorporating bicycle, pedestrian and transit features to achieve a true multi -modal system. f91-5.019 (4)(c)5. F.A.C.] Adopted on Date II -1 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions -- Text with s triket r ou gh = deletions) Policy 1.1.5 Coastal Evacuation The City's roadway network must provide a safe and rapid means of coastal evacuation of its citizens, consistent with the Coastal Management Element of this pflan. Policy 1.1.6 Discouraging Local Traffic and I -95 The City, ii�, :,<- ✓pcna, � shall continue to coordinate with FDOT in developing - ex�locz, v:l and implementing policies to discourage local traffic from using I -95 in order to maintain its function as an intrastate transportation network. f9J- 5.019(4)(c)13. F.A.C.] Policy 1.1.7: Proiected Transportation System Demand and LOS. Projected tra€fie e4et4afio"transoortation system demand will be met and the LOS standards cited above will be maintained through the year -2020 - 2030 by undertaking the projects listed on Ta Table II- 10. The City will cooperate and extensively coordinate with the State, the County, and the MTPO to ensure that these improvements are implemented by the dates indicated, and as the need develops. Proposed developments within the City will be monitored to determine if roadway infrastructure will be adequate to service projected demand, and development approvals will be dependent upon these criteria. Policy 1.1.8: Designation of Riverside Drive as a Constrained Facility. The City shall, in cooperation with FDOT, the ECFRPC, the MP9TPO and the City of New Smyrna Beach, designate Riverside Drive as a constrained roadway. The City shall continue to work with the County and New Smyrna Beach to maintain the adopted level -of- service on this facility. Objective 1.2: Roadway Connectivity. 44te --Eit7i JW1, Ensure through the development review process, require the provision of an efficient traffic circulation pattern.-L9 j- 5.019 (4)(b)1. F.A.C.] Policy 1.2.1 Establishing Design Cross Sections. By December 2014, Tthe City shall establish design cross sections for local roads in the Land Development Code that accommodate narrower rights -of -way and roadway widths consistent with traditional neighborhood development. Policy 1.2.2: Dedicating Roadways to the Public. The City shall require that roadways be dedicated to the public when there is a compelling public interest for the roadways to connect with existing public roadways. 5.019 (4) (c)4. F.A.C.] Policy 1.2.3: Access Point Requirement for Subdivisions of 25 Units or More. The City shall require that subdivisions of 40-25 units or more have at least Adopted on Date II -2 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions -- Text with striket r ough = deletions) two (2) points of access open to motor vehicle traffic unl ess precluded from adiacent existing development. natural features and /or other code requirements,. [9J -5.019 (4)(c)2_ F.A.C.] Policy 1.2.4: "Stub -out" Requirement and New Subdivisions. New subdivisions shall be required to "stub -out" to adjoining undeveloped lands to promote road connectivity, and to connect to existing roadways that are "stubbed -out" at their boundaries. f9J -5.019 (4)(()2. F.A.C.] Policy 1.2.5: joint -use Driveways and /or Cross Access Easement Requirement. New development shall be required to The Gifr sh stablish-fteeess b . fa ftd .. - _-J5 is lkc Dzvz , , sc- `k,,, joint -use driveways and /or cross access easements to access sites when feasible and /or determined by the City's Development Services Department., f9J -5.019 (4)(c)2_ F.A.C.] Policy 1.2.6: Parallel Roads or Cross Access Easements. The City shall preserve the movement function of the major thoroughfare system by requiring development of parallel roads or cross access easements to connect developments as they are permitted along major roads. [9J -5.019 (4)(c)1., F.A.C.] Policy 1.2.7: Technical Review Committee. The City shall review through the Technical Review Committee process all proposed development for consistency with future transportation projects listed on Table II -6 and for the implementation of the City's Bicycle and Pedeshian Master Plan. Policy 1.2.8: Ofsstreet Parkinz. The Citv shall require new development to submit a site plan that provides for adequate offstreet sparking- and safe_ convenient on -site and off -site traffic flow for motorized and non - motorized vehicles. f9J- 5.019(4)(63 and (4)(()15_ F.A.C.I. Objective 1.3: Multi Modal System. Promote alternative modes of transportation to provide a safe and energy efficient multi -modal system. f91-5.019 (4)(b)l. F.A.C.] Policy 1.3.1: Public Transit, Bicycle, and Pedestrian System Standards. By 20 2December 2014, the City shall develop standards in the Land Development Code for access to public transit, bicycle, and pedestrian systems. The City shall conduct a public meeting with VOTRAN and residents of Edgewater in establishing these standards. Such standards shall apply to new developments, substantial improvements of existing developments, and to road improvements. (9J -5.019 (14)(c)5_ F.A.C.] Adopted on Date II -3 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with `'tr " r oug h = deletions) Policy 1.3.2: Maximum Number of Parking Spaces. By December 2014, Tthe City shall develop standards in the Land Development Code for maximum number of parking spaces to encourage walking, bicycling, ridesharing, transit use, and shared parking. [9J -5.019 (4)(c)1 and (4)(c)5. F.A.C.]. F.A.C.] Policy 1.3.3: Provision of Multi -modal Facilities. Bar December 2014, Tthe City shall review the Land Development Code to address the provision of bus stops, bike parking and circulation, pedestrian walkways, and handicap accessible facilities within new developments and existing developments undergoing substantial improvements. Site plan reviews will ensure that intermodal transfers are efficiently implemented. Policy 1.3.4: Encouraging Increased Land Use Densities and Mixed Uses. The City shall encourage increased land use densities and mixed uses, consistent with the Future Land Use Element (FLUE)to enhance the feasibility of transit and promote alternative transportation modes. 9 - 5.019 (4)(65. F.A.C.] Policy 1.3.5: New Development and Compatibility Requirements. By December 2014. Tthe City shall amend the Land Development Code to require that new development be compatible with and further the achievement of the Transportation Element. Requirements for compatibility may include but are not limited to: • Orienting pedestrian access to transit centers and existing and planned routes. [9J -5.019 (4)(c)5. F.A.C.] • Locating parking to the side or behind the development to provide pedestrian accessibility of building entrances and walkways to the street, rather than separating the building from the street by parking. (9J -5.019 (4)(03. F.A.C.] • Providing clearly delineated routes through parking lots to safely accommodate pedestrian and bicycle circulation. [9J -5.019 (4)(c)3., F.A.C.I Policy 1.3.6: Landscaping and Streetscaping. The City shall include landscaping and streetscaping as roadway design components in order to enhance the function of the road for all users. Policy 1.3.7: Bicycle /Pedestrian Master Plan. The CIA shall continue to maintain and update the - A--& cle Pedestrian "tw1rtA Master Plan_ shftg he rl: Y X11, &:�ped ftttd 4ttpleffteff, h - y 2` Priority for new pedestrian Adopted on Date II -4 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions -- Text with `'tr " r oug h = deletions) and bicycle facilities will be given to those walkways or bikeways €er whi� - whcre heavy recreational usage is projected, as well as those along roadways between residential areas and schools, which can be implemented concurrently with other roadway improvements. f9J -5.019 (4)(c)5_ F.A.C.] Policy 1.3.8: Adequate and Safe Pedestrian Circulation System. The City's roadway system management will require implementation and construction of an adequate and safe pedestrian circulation system. Policy 1.3.9: Sidewalk Concurrency and New Development. The City shall continue to require that sidewalks be constructed concurrently with new development, by the developer. Additional sidewalks will be constructed in existing developed areas when requested and funded by the abutting property owners.—[2j- 5.019 (4)(c F.A.C.] Policy 1.3.10: Sidewalk Requirement and New Residential Development. The City Litnd DcT-_-1epffieif Ce shall continue to he affien e (9 require that new residential developments with densities of one (1) or more dwelling units per acre provide sidewalks on both sides of every street. In lieu of sidewalk installation_ funds may be paid to the Pedestrian System (Sidewalk) Development Fund. f9J -5.019 (4)(c)5. F.A.C.] Policy 1.3.11 Bike Paths Requirement Bike paths shall be established on one side of every arterial and collector street with sidewalks established on the opposite side of all arterial streets. The City shall coordinate with the i11PO, the County and the State to expand the current bicycle system consistent with the improvements listed on Table II -4, especially the extension of the U.S. 1 bike path south of its current terminus. f9J -5.019 (4)(65. F.A.C.] Policy 1.3.12: Pedestrian Friendly Intersections. Whenever possible, intersections shall be made pedestrian - friendly by limiting the crossing width to 48- feet; use of adequate lighting; adequate timing for traffic signals; and the provision of facilities for the handicapped. The City shall coordinate with FDOT and the County to implement this policy. f9J -5.019 (4)(c)5., F.A.C.] Policy 1.3.13: Arterial and Collector Roadway Design and Mass Transit. In review of roadway improvement programs and land development projects_ the City shall address whether arterial and collector roadway Adopted on Date II -5 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions - Text with `'tr " r oug h = deletions) design should allow for later adaptation to mass transit. f9J- 5.019(4)(c)9 and (4) (c)12. F.A.C.] Objective 1.4 Rights - - 41,--Ciry :�xu!�-eCoordinate with the County and the State to protect. prioritize, and acquire future rights -of -way in accordance with the Ci 's future ffftf-fie transportation plan. f9J -5.019 (4)015_ F.A.C.] Policy 1.4.1: Adoption of the Future Transportation Map. The City shall adopt the Future Trans oration Map to ensure the protection of future rights -of -way. [91 -5.019 (4)(c)4. F.A.C.] Policy 1.4.2: Requiring Dedication of Needed Rights -of -way. The City shall continue requiring dedication of needed rights -of -way from new development, through subdivision regulations and applicable local ordinances. 19J -5.019 (4)(c)4. F.A.C.] Policy 1.4.3: Consistency of Setback Requirements, Zoning Restrictions, and Right- Protection Requirements. Bar December 2014, Tthe City shall amend the Land Development Code so that the setback requirements, zoning restrictions, and right -of -way protection requirements -� �� t:, m kc t , are consistent with this eElemeut. f9J -5.019 (4)(c)4. F.A.C.] Policy 1.4.4: Protection for Intersections, Interchanges, and Future Park and Ride Sites The City shall ensure adequate rights -of -way protection for intersections, interchanges, and future park and ride sites in order to retain flexibility for future growth and expansion. (9J -5.019 (4)(c)4., F.A.C.] Policy 1.4.5: Minimum Rights -of -way Requirements. The City shall re uire the minimum rights -of -way requirements 4i sic ! - A i�d-11 ;.l for new roadways specified below: • Arterial Roadways -150 -foot right -of -way; • Collector Roadways - 100 -foot right -of -way; and • Local Roads - 60 -foot right -of -way (open drainage) and 50 -foot right -of -way (curb and gutter). [9J -5.019 (4)(c)4. F.A.C.] Policy 1.4.6: Median Landscaping and Road Beautification. The City shall pursue grant opportunities for median landscaping and road beautification. Poliev 1.4.7 Protection of Ri -ahts- of -way The City- shall prohibit encroachment of development and required setbacks into established present and future Adopted on Date II -6 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions -- Text with striket r ough = deletions) rights -of -way and. within the law_ rea_uire dedication of rights -of -way through development orders issued by the Citv by withholding building permits or certificates of occiipanc4T. a.s appropriate, until the situation is ear-izeefe R resolved. f9J- 5.019(4)(()4. F.A.C.] Policy 1.4.8: Buildinje Encroachments. The City shall continue to provide for protection of rights -of -way from building encroachments as well as providing for the acquisition and preservation of anv existing and future rights -of -way. 19J- 5.019(4)(c)4._ F.A.C.] Objective 1.5: Public Transit. Tke -C.' -y :Aall Continue to work with VOTRAN to provide a safe and efficient public transit system. f9J -5.019 (4) (P)4_ F.A.C.] Policy 1.5.1: Promoting Public Transit. The City shall encourage land uses and site developments that promote public transit within designated public transportation corridors, with priority given to those projects that will bring the greatest increase in transit ridership. [9J- 5.019(4)(c)12_ F.A.C.], Policy 1.5.2: Space for Bus Stop Requirements. Residential development greater than 200 units or commercial developments over 50,000 square feet shall incorporate space for bus stops. Transit ridership to and from such developments shall be encouraged and further improved by including elements, such as: • Transit stops meeting ADA requirements; • Parking lots and intersections designed with minimum corner turning radii for buses; • Clearly delineated walkways from the building to the transit stop; and • Commercial and multi - family buildings and transit stops placed closer to the street f9J- 5.019(4)(c)8 and (4)(c)9_ F.A.C.] Policy 1.5.3: Bus Service and Sufficient Level of Service. The City shall ensure that all roads serviced by public transit routes function at a level -of- service sufficient to support the bus service. f9J- 5.019(4)(()8. F.A.C.] Policy 1.5.4: Proposed Traffic Generators /Attractors. The City shall notify VOTRAN of any proposed traffic generators /attractors submitted to the City for review. f9J- 5.019(4)(c)8. F.A.C.], Policy 1.5.5: Improving Existing and Designing New Bus Stops. The City shall work with VOTRAN to improve existing bus stops, and to design new Adopted on Date II -7 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with s triket r ou gh = deletions) ones to include benches, signage, lights, and protection from the elements. Bus stops shall also be convenient for the handicapped. Policv 1.5.6: Maintaining a Fixed Route Mass Transit System. The City shall coordinate with Volusia County_ the MTPO. and VOTRAN in maintaining a fixed route mass transit system to serve the City's industrial. commercial and service sectors. f9J- 5.019(4)(c)8. F.A.C.] Policy 1.5.7: Conveyance of all Necessary Rights -of way or Perpetual Easements. The City shall require dedication of rights -of -way or perpetual easements in new development and redevelopment for bus shelters. bus turning radii and bus loading zones (consistent with VOTRAN standards) by requiring conveyance of all necessary rights -of -way or perpetual easements before issuance of building permits for the development. [9J- 5.019(4)(c)16_ F.A.C.] Policy 1.5.8: Transportation Disadvantaged and the Design of Public Transit. The special needs of transportation disadvantaged persons shall be considered in the design of all public transit systems. Objective 1.6: Intergovernmental Coordination. T44 5ti ;: ulc flu v g v s eCoordinate transportation planning in the City with the glans and programs of the NR FDOT, Volusia County, ECFRPC, Volusia Transit Authority, neighboring jurisdictions and other transportation related agencies. [9J -5.019 (4)(j )3. F.A.C.] Policy 1.6.1: Review of FDOT's 5 -year Transportation Plan. The City's Development Services and Elie ` a — Environmental Services Departments shall review subsequent versions of the FDOT Five (5) Transpontation Plan, in order to update or modify this eElement, as necessary. [9J- 5.019(4)(c)11. F.A.C.] Policy 1.6.2: Review of the County's Transportation Element. The City's Development Services and Environmental Services : �isg u. -mil !\;LNe 3 9'er-les Departments shall review updates to the Transportation Element of the Volusia County Comprehensive Plan, in order to update or modify this eElement, as necessary. [9J- 5.019(4)(c)ll. F.A.C.] Policy 1.6.3: Promoting a Comprehensive Transportation Planning Process. The City shall promote a comprehensive transportation planning process that coordinates State, Regional, and Local transportation plans. f9 T- 5.019 (4) (c) l 1. F.A.C.] Adopted on Date II -8 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLAN TRANSPORTATION ELEMENT (Text with underline = additions — Text with str ethreug = deletions) Policy 1.6.4: Supporting Alternative Transportation Systems. The Cite will support the State and the County on the establishment of alternative transportation systems, including high speed and commuter rail line systems connecting Volusia County- with other areas in Florida and the nation Policy 1.6.5: TPO Coordination and Population Projections. The City= shall continue to coordinate with the A4 to adjust the population projections used in the model, to make them consistent with the CityT population projections. Policv 1.6.6: Transportation Demand Management Strategies. The Citv shall coordinate with the TPO on a Congestion /Mobility Management Program to identify Transportation Demand Management strategies to mitigate peak -hour congestion impacts. Strategies may include: growth management and activity center strategies. telecommuting. transit information systems. alternative work hours_ c arpooling. vanpooling, guaranteed ride home program. parking management. addition of general purpose lanes. channelization. computerized signal systems. intersection or midblock widenings. and Intelligent Transportation System. L9]- 5.019 (4) (cl6 and (4)(c)7. F.A.C.] Policv 1.6.7: Adoption of Transit Routes, Generators, and Hurricane Evacuation Routes. Transit routes. generators. attractors and hurricane evacuation routes as identified by the Volusia County AITPO and the Statewide Regional Evacuation Study are hereby adopted by reference as they apply to the incorporated City of Edgewater. Policv 1.6.8: TPO Coordination and Numerical Indicators. The Citv shall coordinate with the TPO in the establishment of numerical indicators against which the achievement of the mobility goals of the community can be measured. such as modal split. annual transit trips per capita. and automobile occupancy rates. f9J- 5.019(4)(c)10. F.A.C.] Policv 1.6.9: Formal and Informal Coordination Mechanisms. The CAN shall ensure that all assumptions and policies in the Tfian.1todation Element are consistent or coordinated with other Plan Elements. the TPO Long -Range Tran.1ton[Wtion Plan_ the FDOT adopted Five -year Vork Program. the long - range and short-range elements of the Florida Tranportation Plan. the East Central Florida Strategic Regional Polity Plan. and the Volusia County Comprehensive Plan through establishment of formal coordination mechanisms and other informal coordination mechanisms. f_9J- 5.019(4)(c)ll. F.A.C.] Adopted on Date II -9 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLAN TRANSPORTATION ELEMENT (Text with underline = additions — Text with `'tr = deletions) Policy 1.6.10: Utilizing the MTPO's Data and the City's Transportation Improvement Plans. The Citv shall utilize the TPO database, projections. modelinz . traffic counts and mapping as the primary source of information for the City's Tian.V)oi7ation Improvement Plans. f9J- 5.019(4)(c)11. F.A.C.] Policv 1.6.11: Identifying Future Road Conditions and Improvements. The City shall cooperate with the MTPO and FDOT to identify the future conditions and road improvements necessary to develop alternative road bypass route(s). f9J- 5.019(4)(c)11. F.A.C.] Objective 1.7: Tragic Management Systems. By 2 47iDecember 2014, the City shall evaluate the need and feasibility of implementing traffic management systems. Policy 1.7.1: A4TPO's Congestion Management System and FDOT's Mobility Management Plan The City shall support and where possible, participate in the MTPO's Congestion Management System (CMS) and FDOT's Mobility Management Plan (MMP). Policy 1.7.2: Transportation System Management or Transportation Demand Management Strategies. If needed, the City shall consider adopting and /or promoting Transportation System Management (TSM) or Transportation Demand Management (TDM) strategies to enhance traffic capacity, movement and safety. Objective 1.8: Concurrency Management System. _aintam a Concurrency Management System to ensure that transportation facilities and services needed to support development and redevelopment are available concurrent with the impacts of such development. Policy 1.8.1: Maintaining Level of Service Standards. The City shall continue requiring that adequate transportation facilities to maintain the City's level -of- service standards m are available to meet the traffic demands of all new development prior to the issuance of a final development order, in accordance with the Concurrency Management Provisions set forth in the Capitallmprovements Element of this Plan. Policy 1.8.2: New Development Requirement for a Transportation Impact Study. The -Ci�K- J »1 New developments , shall Adopted on Date II -10 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLAN TRANSPORTATION ELEMENT (Text with underline = additions -- Text with `'tr = deletions) be required to submit a Transportation Impact S+ttdy Analpursuant to the Tm .Oortation Is actAnalysis (M) Guidelines Methodolozy for Development At4Izcations requiring a TL4 in holusia County. Florida as adopted on November 24. 2009. as may be amended from time to time Policy 1.8.3: New Development Requirement and Providing Operational Movements. New developments, regardless of size, shall provide operational improvements to the City' transportation system to mitigate their impacts on the system, to ensure smooth traffic flow, and to aid in the elimination of hazards. Improvements may include the addition of turn lanes, deceleration lanes, signage, signals and pavement markings. Objective 1.9: Concurrency Exception Area. Evaluate. -Bbv December 2014. Tthe C4+y -Rhall cvaluc`ce-the need to create a Concurrency Exception Area on the U.S. 1 corridor. Policy 1.9.1: Conducting a Study of the U.S. 1 Corridor. By 2042 December 2014, the City shall conduct a study of the U.S. 1 corridor to study the potential for redevelopment and determine whether a Concurrency Exception Area is needed in this area. When deter the potential for redevelopment alolR the U.S. 1 corridor. the City shall coordinate with the County. neighboring cities. and the MTPO to determine the amount of increased traffic if redevelopment was to occur. Policy 1.9.2: Consistency with Transportation Modes and Services. The City shall ensure that existing and proposed population densities, housing and employment patterns, and land uses are consistent with the transportation modes and services proposed to serve those areas. Policy 1.9.3: Future Land Use Element and Map Amendments. As the Future Land Use Element and Maps are amended and adjusted to reflect changing trends and conditions, corresponding adjustments should be made in the Transportation Element and Plan. Policy 1.9.4: Review of Land Use and Development Proposals. Land use and development proposals shall be reviewed by the City as to their potential impacts on the traffic circulation system and the adopted LOS standards on affected roadways. Policy 1.9.5: Denial of Development and Level of Service. The City shall deny any proposed development which is determined to adversely impact the roadway system and reduce the LOS below adopted standards, unless roadway improvements necessary to maintain the LOS at its standard and Adopted on Date II -11 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLAN TRANSPORTATION ELEMENT (Text with underline = additions — Text with str ethreug = deletions) accommodate projected traffic growth will be in place concurrent with the impacts of the proposed development. Objective 1.10: U.S. 1 Traffic Flow. Establish mechanisms that will increase the traffic flow along the U.S. Highway 1 corridor. Policy 1.10.1: U.S. 1 Corridor and joint Use Driveways and /or Cross Access Easements. By December 2014. the Citv shall amend the Land Development Code to require redevelopment or new development projects along the U.S. 1 corridor to provide joint -use driveways and /or cross access easements to access sites when feasible. f9J -5.019 (4)(62. F.A.C.] Policy 1.10.2: Developing Reliever Routes along the U.S. 1 Corridor. The City shall continue to coordinate with the TPO and FDOT in developin reliever routes to reduce the north -south traffic flow along the U.S. 1 corridor. Policy 1.10.3: Proposed Reliever Routes and the Future Transportation Map. All proposed reliever routes along the U.S. 1 corridor shall be added to the Future Tsanpoi - tation Mab of this Element. Objective 1.11: Environmental Concern and Expansion of the Transportation System. Ensure that the environment with regards to preservation. conservation. and reducing greenhouse gas emissions. is a major concern in any expansion of the transportation system in Edgewater. f9J- 5.019(4)(b)1.. F.A.C.I. Policy 1.11.1: Natural Environment Sensitivity. Planni L , for future transportation improvements shall recognize the sensitivity of the natural environment so as to protect the quality of existing and future neighborhoods. Policy 1.11.2: Conservation Resource Areas. Transportation facilities shall not be Placed in conservation resource areas or impact those places unless an overriding public need can be clearly demonstrated. Policy Energy Efficiency. Enermr efficiency shall be a consideration in any Plans for improvements or expansion of the road network by the City. Policy 1.11.4: Automobile Emission Pollution. The Citv shall enforce the Ruidelines and standards established in the Land Development Regulations regarding bicycle paths and pedestrian walkways to reduce the potential for automobile emission pollution and promote increased use of public transportation. Adopted on Date II -12 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLAN TRANSPORTATION ELEMENT (Text with underline = additions — Text with s tr i -°* " r oug h = deletions) GOAL 2: Coordinate the transportation system with future land use to ensure that existing and proposed land uses are consistent with transportation corridors. capacity. modes. and services. [9J- 5.019(4)(b)2_, F.A.C.] Objective 2.1: Future Land Use Compatibility. The Transtortation Element shall be compatible with the Future Land Use Element (FLUE) and the Future Land Use Mab. [9J- 5.019(4)(4)2_, F.A..C.] Policv 2.1.1: Data Assumptions in City Transportation Models. The City shall utilize population. dwelling unit. and employment projections obtained in the P��*tt 1-�dffd b�0i FLUE as data assumptions in City transportation models. Policv 2.1.2: Transportation Improvements and Areas Designated for New Growth In areas designated for new growth. the City shall determine the transportation system improvements needed prior to development approvals. Policv 2.1.3: Impacts on the Transportation System and Consistency with the Future Land Use Element and Map. Decisions and actions the City initiates or implements that will have an impact on the transportation system shall be consistent with the adopted Future Land Use Mai and Future Land Use goals. ob)ectives and policies of this Plan. Objective 2.2 Transportation Costs. 4�&-Utrtilize the guidelines established in the City's Proportionate Fair Share Ordinance to allow new growth to proportionally contribute to the cost of new transportation capital facilities. Policv 2.2.1: Review of all Development Proposals. The Citv shall review all development proposals and require that they provide sufficient information to ascertain impacts on the City's transportation ffte ilifiessystems. Policv 2.2.2: Development Agreements and Project Impacts. Where feasible, the City shall enter into development agreements with proposed land developments to establish how project impacts may be addressed through mechanisms such as right -of -way dedication. roadway construction. multimodal design (�icycle. pedestrian. golf cart). and impact fee payments and credits. [9J- 5.019(4)(c)4 & (4)(c)5. F.A.C.] Adopted on Date II -13 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with str -°* " r ough = deletions) Policv 2.2.3: Proportionate Share of Costs. Land development shall bear a proportionate share of the cost of the provision of the new or expanded road capital facilities or si-analization required by such development. f9J- 5.019(4)(c)4. F.A..C.] Policv 2.2.4: Imposition of Impact Fees. The imposition of impact fees is a preferred method of reQulating land development in order to help ensure that it bears a proportionate share of the cost of road capital facilities necessary to accommodate that development. f9J- 5.019(4)(c)4. F.A.C.] Policv 2.2.5: Use of Remaining Funds Collected from Road Impact Fees. After compensation for administrative expense. all remaining funds collected from road impact fees shall be used for the purpose of capital improvements for the expansion of transportation facilities associated with the arterial and collector road networks in the City 4 Rd r-, ter or the adjacent County network. Policv 2.2.6: Transportation Capital Improvements and Impact Fees. Transportation capital improvements that may be funded by impact fees include transportation planning. preliminary engineering. engineering design studies. land surveys, rights- of -wav a,cgn isition, engineering, permitting. and construction of all the necessary features for arterial and collector road construction projects of the type made necessary by the new development. Policv 2.2.7: New Development Fair Share Payment. The Citv shall require all new developments to pay their fair share for the improvement or construction of needed transportation facilities to maintain adopted level of services standards. Fair share payments will be collected consistent with the adopted Proportionate Fair Share Ordinance. Adopted on Date II -14 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with ctriket r oug h = deletions) Map 1I 1: EY2� Tlr�- . and ztnial C,,. fi Adopted on Date II -15 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with ctriket r oug h = deletions) Map II Z: E 3dsting Read jtffisdiefien and l�:caq:er.�e ��Ya^iaSti�t� Adopted on Date II -16 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with ctriket r ough = deletions) Map II Z: Numb/cr acmes Adopted on Date II -17 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with ctriket r oug h = deletions) Map H 1T- l.vii ✓cr.iiifl�`& E ; ana h ze i ..:,.„„ and A eei dmt L o-oaf'r✓la Adopted on Date II -18 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with ctriket r ough = deletions) Map II Q: B vffomat or R Adopted on Date II -19 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with striket r ough = deletions) Map H 10: FUMie `FfaiSif Sy3tzM. xi_ Major- -- - - - - -- ------- - - - - -, ------ - - - - -- Adopted on Date II -20 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with ctriket r ough = deletions) Map II 12: Eni3eff. Adopted on Date II -21 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with ctriket r oug h = deletions) Map 1I 1 €Ro Arraly - &� Adopted on Date II -22 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with ctriket r ough = deletions) Map II 1fiC,wrant I -civic of Ser-viee (2000) Adopted on Date II -23 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with striket r ough = deletions) Map H 19-; Pr-ejeeted Levels of Sefviee Adopted on Date II -24 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with ctriket r ough = deletions) Map II 20: Futurc `"ram -p rctation Map Adopted on Date II -25 Ordinance No. CITY OF EDGEWATER CHAPTER II2- COMPREHENSIVE PLA TRAN SPORTATION ELEMENT (Text with underline = additions — Text with ctriket r ough = deletions) Map II 272: Futuil. `"ran -p rctatien Cer-r-id:-.m tc; Sri Presefvea Adopted on Date II -26 Ordinance No. X111 I s F uu a LL w Z3 J C 0 0 0 0 z m o N LLo o - a �a F j zzz z W Q JX F a LL w Z3 J C o� N z' o� �m Z T T r ? 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½±²¬·²«» ¬± «°°±®¬ ±®¹¿²·¦¿¬·±² ¬¸¿¬ ¿·¬ »´¼»®´§ ¿²¼ ¸¿²¼·½¿°°»¼ ½·¬·¦»² ·² º·²¼·²¹ ¼»½»²¬ô ¿½½»·¾´»ô ¿²¼ ¿ºº±®¼¿¾´» ¸±«·²¹ò Í«½¸ «°°±®¬ ³¿§ ·²½´«¼» ¬»½¸²·½¿´ ¿·¬¿²½» ¿²¼ ¿´¬»®²¿¬·ª» ¼»·¹² ¬¿²¼¿®¼ ¿²¼ ½±¼» ®»¯«·®»³»²¬ò ݱ³°´·¿²½» ©·¬¸ Ú»¼»®¿´ ¿²¼ ͬ¿¬» Ô¿© ¿²¼ Í°»½·¿´ Ò»»¼ б´·½§ íòïòìæ Ù®±«°ò ̸» Ý·¬§ ¸¿´´ ½±²¬·²«» ¬± »²«®» ½±³°´·¿²½» ©·¬¸ Ú»¼»®¿´ ¿²¼ ͬ¿¬» ´¿© ±² ¿½½»·¾·´·¬§ º±® °»½·¿´ ²»»¼ ¹®±«°ò ß¼±°¬»¼ ±² Ü¿¬» ×××óïï Ñ®¼·²¿²½» Ò±ò CITY OF EDGEWATER COMPREHENSIVE PLAN UTILITIES ELEMENT NATURAL GROUNDWATER & AQUIFER RECHARGE SUB - ELEMENT GOALS, OBJECTIVES, AND POLICIES CHAPTER IV CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER IV4 UTILITIES ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE (Text with underline = additions — Text with str'kethreu ]' = deletions) C 14AIYTL'D 1 T UT!L jES E EAiiL'NgP oUNDNX sRCE SUB A. R OT UCTION ........................................................................................... ..............................' -B. RECUKkT!OTNL ................................................................................... ..............................2 C. EXISTI C CO1`PDMOTjc 7 " lD POL!CIBS ....................................................... ............................... I M1' 1 .......................................................................................................................... ............................... ..................... Adopted on Date IV -i Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER IV4 UTILITIES ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE (Text with underline = additions -- Text with s triket hr oug h = deletions) CHAPTER IV - UTILITIES ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE SUB - ELEMENT GOALS. OBIECTIVES. AND POLICIES e. GOALS, OBJECTIVES AND POLICIES Goals, objectives and policies are crucial to the implementation of the Comprehensive Plan and each of the elements and sub - elements. They represent important official statements of public policy that will be used to manage the future growth of the City. Periodically, current City practices and the following natural groundwater aquifer recharge sub - element goals, objectives and policies will be reviewed for conformity. GOAL 1: The City will protect and maintain the functions of natural groundwater aquifer recharge areas within the City's existing and future service areas. Objective 1.1: Intergovernmental Coordination. 44e ti v cCoordinate with the St. John's Water Management District (SJRWMD� Volusia County, and State agencies to protect and enhance recharge capabilities of areas within the City's current and future service areas. Policy 1.1.1: Delineating Areas of Highest Recharge. The City will work in cooperation with the St. Jai:�i'3 nu -: r Wu t {SJRWMD} and Volusia County to delineate areas of highest recharge potential in the City's current and future service areas. Policy 1.1.2: Designating Recharge Areas as Conservation Areas. The City shall designate the areas of greatest recharge potential as conservation areas on the City's jEuture Jand *Use Mmap(FLUAV .- 19J -5.011 (2) (c)4._ F.A.C.] 1 .1. , T'hz ' - ZI * he �vT�a+ei. Att I a'ty c.` (WA \� t;; grvox:. a+e f ee h r c _ :i:t: -- Objective 1.2: Protection of Aquifer Recharge. The Thz i�Require the protection of aquifer recharge areas through development and implementation of appropriate regulations. [9J -5.011 (2)(�)5._ F.A.C.] Policy 1.2.1: Stormwater Runoff to Enhance Recharge. The City's Land Development Code provisions related to retaining stormwater runoff to enhance recharge shall be enforced and updated from time to time as data is obtained and under guidance and rules of the SJRWMD. [9J - 5.011 (2)(c)4.. F.A.C.] Adopted on Date N -1 Orrlino No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER IV4 UTILITIES ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE (Text with underline = additions — Text with str'kethroug = deletions) Policy 1.2.2: Promoting Stormwater Runoff Retention. The City will promote the use of stormwater runoff retention for the purpose of maximizing groundwater aquifer recharge by strictly enforcing the existing Land Development Code. Policy 1.2.3: Regional Aquifer Recharge Protection. The City will coordinate with the SJRWMD, Volusia County, and State agencies to achieve regional aquifer recharge protection objectives by enacting ordinances which are consistent with County and State standards. Policy 1.2.4: Aquifer Recharge Protection and Wellf field Protection. The City will continue to achieve regional aquifer recharge protection objectives by enforcing the Land Development Code provisions regarding wellfield protection and updating it from time to time as data is obtained and under guidance and rules of the SJRWMD and Florida Department of Environmental Protection (FDEP)„ f9J -5.011 (2)(c)4.. F.A.C.] Policy 1.2.5: Restricting the use of Septic Tank /Drain field Systems. The City will continue to achieve regional aquifer recharge protection objectives by restricting the use of septic tank /drainfield individual sewage treatment systems. Policy 1.2.6: Disposal of Hazardous Wastes. The City shall continue to enforce County, State, and Federal regulations regarding disposal of hazardous waste materials. Policy 1.2.7: Prime or High Recharge Areas. Prime (or high) aquifer recharge areas appropriate for development shall be developed so as to continue to maintain pre - development net retention and new stormwater management projects in existing developed areas should be designed in a fashion that enhances aquifer recharge. r9J -5.011 (2) (c)4.. F.A.C.] Pahey ePolicv 1.2.8: Eliminating Sources of Potential Sources of Groundwater Pollution. In an effort to eliminate potential sources of groundwater pollution. the City shall coordinate with the County Health Department to compile a listing of all known and suspected underground storage tanks. and to require abandoned or leaking tanks to be removed., repaired_ or otherwise neutralized by the land owner at the time of properq development. redevelopment. or remodeling. Objective 1.3: Protecting the Aquifer. Continue to protect the aquifer by reducing the growth in demands for aquifer water. Ado9ted on Date N -2 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER IV4 UTILITIES ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE (Text with underline = additions -- Text with str'kethroug = deletions) Policy 1.3.1: Providing Reclaimed Water. The City shall continue to provide for reclaimed water production at its wastewater treatment plants and the development of infrastructure to store and deliver it for non - potable uses such as irrigation. Policy 1.3.2: Seeking Alternative Water Supplies. The City shall continue to seek alternative water supplies such as stormwater reuse and brackish water. (91-5.011 (2)(c)3.. F.A.C.] Policv 1.3.3: Developing Additional Users. The City shall continue to develop additional users for nonpotable water supplies by converting existing users of potable water and private wells. Ado9ted on Date N -3 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER IV4 UTILITIES ELEMENT NATURAL GROUNDWATER AQUIFER RECHARGE (Text with underline = additions — Text with str ]' = deletions) Adogted on Date N -4 Ordinance No. Af ir CITY OF EDGEWATER COMPREHENSIVE PLAN UTILITIES ELEMENT POTABLE WATER SUB - ELEMENT GOALS, OBIECTIVES, AND POLICIES CHAPTER IV CITY OF EDGEWATER CHAPTER IV4 COMPREHENSIVE PLAN UTILITIES ELEMENT POTABLE WATER (Text with underline = additions — Text with striket = deletions) A!N T'D llDUC T I IN .................................................................................................. ............................... 2 B. OVERMIE W ............................................................................................................... ............................... C . OEF11'I ' ' IO' NE ......................................................................................................... ............................... D . DECUIT-- MONE ........................................................................................................ ..............................1 E. ]EX!9 niC CO1`TD1T!O1`TS .................................................................................. ............................... 2—. — E > i Y. i» +— , ................................................................................................. ............................... 3 . " �ef-g✓ arlv ........................................................................................................ ............................... 1 . Watcr' " rc atnra mt .................................................................................................. ..............................6 C . XY:� ri � ............................................................................................ ..............................7 F. EYIETINC L EVE L OF SERIT ICE ...................................................................... ..............................° ,C . FU' UR "�L� .................................................................................................... ............................... Q - No-ocl Water c._ T...oray m rr'ta 9 3. Needed Wat er- 'T_ mmtr_ -mt 1morevemento .................................................. ..............................1 C 4. Im ovem eiit3 ... ..............................1 C e N d 6. Natmml icj✓a -\-v-3 Zmu: t3 ............................................................................ ..............................1 C H. COALS. OBIEMITES . ",Y`M Po LiCffiE ......................................................... .............................12 TableI ........................................................................................................... ............................... I4 Tab'_o 3 ........................................................................................................... ............................... 14 o 2 ........................................................................................................... ............................... I4 0 1 ........................................................................................................... ............................... 15 Adopted on Date IV -ii Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER IV4 UTILITIES ELEMENT POTABLE WATER (Text with underline = additions -- Text with striket = deletions) TftbIe 4! Ci of Rd e „_r_„� ef W,.f c7 a,...a R c TAA 2. qff- of Rdv4 ,._r_,.#,,.. !c.,... ,,..._ .. __,. of cf,,... as ....................... .............................23 pl c 3: � o f Rdv _ mi ..................... .............................33 A4aehmeiit A WR z F/xpp1,-Pae44ia- NVoil I1�rr LI O MAPS '\IG, IV `�� G 1� 1/ �� A fx ...................................... .............................23 Map IV 3 — Qty of Ed _ tz Wcll f i e ld r eeft of „i. a O fliev W ftfef 2/i. Adopted on Date IV -iii Ordinance No. CITY OF EDGEWATER CHAPTER IV 4 COMPREHENSIVE PLAN UTILITIES ELEMENT POTABLE WATER (Text with underline = additions -- Text with s = deletions) CHAPTER IV - UTILITIES ELEMENT POTABLE WATER SUB - ELEMENT GOALS. OBJECTIVES. AND POLICIES H-. GOALS, OBJECTIVES AND POLICIES Goals objectives and policies are crucial to the implementation of the CoVrebensive Plan and each of the -eElements and zfSub- elements. They represent important official statements of public policy that will be used to manage the future growth of the City. Periodically, current City practices and the following j hPotable - hrVater sSub- element goals, policies and objectives will be reviewed for conformity. GOAL 1: The City will provide potable water supply and treatment facilities designed to protect the public health and tke--environment, will cause those facilities to be available concurrent with development and will construct and operate those facilities in an efficient manner. Objective 1.1: Potable Water Supply and Treatment Capacity. The G wi4� eEnsure that the sufficient potable water supply and treatment capacity exists prior to the issuance of new development approvals. f9J -5.011 (2) (b)4.. F.A.C.] Policy 1.1.1: Average Potable Water Demand Level of Service. An average potable water demand of 204 gallons per ERU per day is hereby established as the standard level of service for Edgewater's potable water system. f9J -5.011 (2)(62.. F.A.C.] Policy 1.1.2 Determining Capacity Demand The established level of service standard of 204 gallons per ERU per day will be used to determine the capacity demand generated by proposed development. [9J -5.011 (2)(c)2., F.A.C.] Policy 1.1.3: Proposed Improvements and Level of Service Standard. All proposed improvements to the potable water system, including capacity increase, system expansion, or facility replacement will be consistent with the established level of service standard. Policy 1.1.4: Concurrency Management System. Prior to approval of a building permit or its functional equivalent, the City shall determine that there will be adequate water supplies and facilities available no later than the date at which the City anticipates issuing a certificate of occupancy to serve the new development. All development is subject to the City's Concurrency Management sSystem. Policy 1.1.5 Inventory of Water Supply Facilities and a Plan for Improvements. The City shall maintain an ongoing inventory of water supply facilities Adopted on Date IV -1 Ordinance No. CITY OF EDGEWATER CHAPTER IV 4 COMPREHENSIVE PLAN UTILITIES ELEMENT POTABLE WATER (Text with underline = additions -- Text with tri = deletions) and a plan for improvements needed to support existing and future demands. These shall be included in the mater Sup # Facilities 1Vork Plan XSF"). Policy 1.1.6: Tracking Current Water Demand and Outstanding Commitments. The City shall track current water demand and outstanding commitments in order to detennine the availability of an adequate water supply for proposed developments. Objective 1.2: Potable Water Facility Concurrency. The e4y wil _ eEnsure that all potable water facilities required to support proposed development are available concurrent with such development. (9J -5.011 (2)(A)2. and (2)(b)3.. F.A.C.] Policy 1.2.1: Developers Purchasing Required Potable Water Capacity. The City will require developers to purchase required potable water capacity prior to obtaining a development permit. Policy 1.2.2: New Development Requirement and Potable Water Systems. The City will require each new development to construct the potable water systeffi facilities, i.e. transmission and distribution lines, needed to connect to the existing system. Policy 1.2.3: Adoption of the City's Water Supply Facilities Work Plan. The City hereby adopts by reference the Dater Supply Facilities 1Vork Plan (6VSFWIP) dated r,,.,. ffi er- 200 April 2009 as prepared by the City of Edgewater (see Attachment A of the Potable mater Element).The City will maintain a 1VSFIVP for a planning period of not less than ten years. The iK f Sff 1VSF" addresses issues that pertain to water supply facilities and requirements needed to serve current and future development within the City's water service area. The City shall review and update the 1VSFW P at least every five years. Any changes to occur within the first five years of the 1VSFWIP shall be in in the annual Capital Improvements Plan update to ensure consistency between the Potable Water Sub- element and the Capital Improvements Element. Policy 1.2.4: Restoration DRI Requirements. The City shall require the Restoration DRI developer to participate in the development of facilities (currently anticipated to be the addition of four Floridan aquifer wells, a storage tank and pump station, raw water transmission lines and additional treatment plant facility for brackish water, {an AWS source}, to be located at the City's existing water plant) as needed to provide adequate water supply to the future phases of Restoration consistent with the City's concurrency requirements and Consumptive Use pPermit. The cost sharing terms and other related details shall be set forth in an enforceable Adopted on Date IV -2 Ordinance No. CITY OF EDGEWATER CHAPTER IV 4 COMPREHENSIVE PLAN UTILITIES ELEMENT POTABLE WATER (Text with underline = additions -- Text with strikethroug = deletions) Developer Agreement to be executed prior to the issuance of a building permit that would create water demand exceeding the City's available capacity Policv 1.2.5: Requirement to Connect to Central Potable Water Systems. All future development and redevelopment projects shall be required to ha-a. upconnect to centralized potable water systems. Objective 1.3: Facility Operation and Maintenance. The City wil _ pProvide proper operation and maintenance of existing and future potable water system facilities to ensure optimum system performance. r9J -5.011 (2) () 1.. F.A.C.] Policy 1.3.1: Operation and Maintenance of the Potable Water System. The potable water system will be operated and maintained in compliance with applicable L-local, State and Federal regulations. Policy 1.3.2: Reporting Potable Water Facility Operating Rules Violations. The eCity will promptly report any violations of L-local, State or Federal potable water facility operating rules to the appropriate agency, and shall take immediate steps to correct any violations. Policy 1.3.3: Water Treatment Plant Operator Certification. The City will employ water treatment plant operators with appropriate and current state water treatment plant operator certification. Policy 1.3.4: Energy and Water Conservation. The City will continue to calibrate meters.. -, maintain the distribution system, and perform water audits and other maintenance activities as may be determined to be beneficial to energy and water conservation GOAL 2: The City shall plan for the expansion or increase in capacity of the potable water system to meet future needs. Objective 2.1: Cooperative Planning. Coordinate with other jurisdictions to avoid duplication of potable water facility construction and operating costs by cooperative planning for service provision to future development. Policy 2.1.1: Interlocal Agreements and the Provision of Potable Water. The City will continue to comply with the term of the latest revisions of the Interlocal agreement between the City of Edgewater, City of Oak Hill and Volusia County with regard to provision of potable water services to City of Edgewater, City of Oak Hill and Volusia County residents and will continue to coordinate with Volusia County and the City of Oak Hill to Adopted on Date IV -3 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER IV 4 UTILITIES ELEMENT POTABLE WATER Text with strikethrough = deletions) update and revise the agreements as needed to ensure its applicability to anticipated future conditions. Policy 2.1.2: Potable Water System Expansion Requirements. Priority of expansion of the potable water system shall be;; a) Ito protect public health and safety, and/or eliminate serious pollution problems.. -; b) Ito enable full use of existing facilities, by in -fill development in areas of current service availability,; C) Ito provide a logical extension of existing facilities and service within the City's service area.. - and d) Ito provide beneficial and sustainable potable water for new development. Objective 2.2: Cooperative Planning of Service Providers. The City wi Seek the participation of developers of proposed major developments for cooperative planning of service provisions to future developments. Policy 2.2.1: Promoting Development Agreements and Concurrency for New Developments. The City shall promote developer agreements that result in assured utility development programs that will support and establish concurrency for new development within the guidelines of the SJRWMD's District Vater Supp# Plan (D1ISP) and the City's WISF". GOAL 3: The City shall seek to reduce its dependence on Upper Floridan aquifer groundwater as its water supply source for new development. Objective 3.1: Alternative Water Supply Sources. The G4y will sSeek alternative water supply sources. Policy 3.1.1: Developing Alternative Water Sources. The City will continue it-R it t i tlic `V &tom A; - coordinating with the SJRWMD in developing alternative water sources pursuant to guidance of the SJRWMD's DWISP. Policy 3.1.2: Processing and Distributing Reclaimed Water. The City will continue to develop facilities for processing and distribution of reclaimed water. Policy 3.1.3: Studying Alternative Dater Supply Sources. The City shall study alternative water supply sources as needed to support existing and future demands. These alternative sources shall be included in the W/SFW/7'. Additional water supplies required to meet demands not satisfied by Adopted on Date IV -4 Ordinance No. CITY OF EDGEWATER CHAPTER IV 4 COMPREHENSIVE PLAN UTILITIES ELEMENT POTABLE WATER (Text with underline = additions -- Text with stril(et = deletions) traditional groundwater sources will be developed from brackish water sources. Reverse osmosis treatment systems and concentrate disposal facilities will be constructed at the existing water plant site. It is envisioned that up to 2 MGD of brackish water supply and treatment will need to be developed. Objective 3.2: Reduction of Current Consumption. The City ` "" Continue to pursue the reduction of current consumption of potable water in the City. Policy 3.2.1: IrrigationlWater Intensive Regulations. The City will continue to develop regulations for less irrigation /water intensive landscaping. Policy 3.2.2: Replacing Inefficient Landscapes, Plumbing Devices, and Appliances. The City will continue to promote programs to replace inefficient landscapes, plumbing devices and appliances. 1\3Zccy 3. Gifr t t� i����w �� A���& au�� fewft d cvctlu ix a l f ,.... fff i _ „f,,.. x'U1\13 prar 411c f MY- D" r 444 2nn ' - ��—z�T 1\3Z.c y 3.26.4- 3.2.3: Promoting Low Impact Development Techniques. The City will continue to promote and encourage the use of low impact development (LID) techniques. 1Lai-ol 3.2�Policv 3.2.4: Indoor Water Audits, Leak Detection, and Irrigation System Audits. The City- will study the possibility of implementing a program that provides indoor water audits, leak detection, and irrigation system audits. Adopted on Date IV -5 Ordinance No. CITY OF EDGEWATER CHAPTER IV 4 COMPREHENSIVE PLAN UTILITIES ELEMENT POTABLE WATER (Text with underline = additions — Text with striket = deletions) T a Wz-- 1: City of Edgewater Water Har-dness Standard Rating Seale (1) b (mg/L) i s i n 1:7 tin -v--�� c r —vv Medefatoly Han- 3.5 :7.0 60 120 4aFd 7. - icy 120 --180 ;40.5 ;�480 a`l- f m o d T Gapae 5. Fi4 G ff .4y - 5 -. ti r am 111 H igh S en , ie o Pur.-,pirr Capae4y 0 (1 ma c ptxspir.�t;k p u prn�u �� cnoi a„ �o Adopted on Date IV -6 Ordinance No. b � z m Q) /. L \ O . � LT -- �L -i / } \ ! / \ 2 \ \ \\ co E �ZZ/ CITY OF EDGEWATER COMPREHENSIVE PLAN UTILITIES ELEMENT SANITARY SEWER SUB - ELEMENT GOALS, OBJECTIVES, AND POLICIES CHAPTER IV CITY OF EDGEWATER CHAPTER IV4 COMPREHENSIVE PLAN UTILITIES ELEMENT SANITARY SEWER (Text with underline = additions — Text with str = deletions) !`T7AT)'T'L'D TTT U'T'�T y'T'� L'T L'TAL'T�T'T' A . 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C.OALS, OBJECqPIVES AND OLICVE ......................................... .............................18 Adopted on Date IV -1 Ordinance No. CITY OF EDGEWATER CHAPTER IV4 COMPREHENSIVE PLAN UTILITIES ELEMENT SANITARY SEWER (Text with underline = additions — Text with strikethrough = deletions) LIST OF -rye Table1 .................................................................................................................................. .............................11 Adopted on Date IV - ii Ordinance No. CITY OF EDGEWATER CHAPTER IV4 COMPREHENSIVE PLAN UTILITIES ELEMENT SANITARY SEWER (Text with underline = additions -- Text with str = deletions) CHAPTER IV- UTILITIES ELEMENT SANITARY SEWER SUB - ELEMENT GOALS, OBJECTIVES, AND POLICIES G A. GOALS, OBJECTIVES AND POLICIES Goals, objectives and policies are crucial to the implementation of the Comprehensive Plan and each of the elements and sub - elements. They represent important official statements of public policy that will be used to manage the future growth of the City. Periodically, current City practices and the following sSanitary sSeer fSub- element gGoals, pPolicies, and eObjectives will be reviewed for conformity. GOAL 1: The City will provide wastewater treatment facilities designed to protect public health and the environment, will cause those facilities to be available concurrent with development and will construct and operate those facilities in an efficient manner. Objective 1.1: Wastewater Treatment Capacity. 443e -C t; . -12',T, eEnsure that sufficient wastewater treatment capacity exists prior to the issuance of new development approvals. [9J - 5.011 (2)m)3.. F.A.C.] Policy 1.1.1: Average Wastewater Flow Level of Service. An average wastewater flow of 204 gallons per equivalent residential unit (ERU) per day is hereby established as the standard level of service for the City of Edgewater's wastewater treatment facility. f9J -5.011 (2)(c)2.. F.A.C.] Policy 1.1.2: Level of Service and Determining the Capacity Demand. The established level of service standards of 204 gallons per ERU per day will be used to determine the capacity demand generated by proposed development. Policy 1.1.3: Proposed Improvements to the Wastewater System. All proposed improvements to the wastewater system, including capacity increase, system expansion, or facility replacement will be consistent with the established level of service standard. Objective 1.2: Wastewater Facilities Concurrency. T4ie-- wRIT3 eEnsure that all wastewater facilities required to support proposed development are available concurrent with such development [9J -5.011 (2)(x)3.. F.A.C.] Policy 1.2.1: Developers Purchasing Required Wastewater Capacity. The City will require developers to purchase required wastewater capacity prior to obtaining a development permit f9J -5.011 (2) (c) L. F.A.C.] Adopted on Date IV - 1 Ordinance No. CITY OF EDGEWATER CHAPTER IV4 COMPREHENSIVE PLAN UTILITIES ELEMENT SANITARY SEWER (Text with underline = additions -- Text with str = deletions) Policy 1.2.2: New Development and Wastewater Collection Facilities. The City will require each new development to construct wastewater collection facilities and lift stations as needed to connect to the existing system. 5.011 (2) (c)1.. F.A.C.] Policy 1.2.3: New Development and Irrigation Distribution Systems. The City will require each new development or substantial redevelopment project to construct an irrigation water distribution system and whenever feasible to connect to the City's existing reclaim water supply system. However, the City may accept an alternative supply for reclaim water augmentation and alternative irrigation water subject to review and approval by the City, including private systems. Objective 1.3: Wastewater Facilities Operation and Maintenance. The Cit =tea pErovide proper operation and maintenance of existing and future wastewater system facilities to ensure optimum system performance. f9J -5.011 (2)()2.. F.A.C.] Policy 1.3.1: Operation and Maintenance of Wastewater Treatment Facility Systems. The wastewater treatment facility system will be operated and maintained in compliance with applicable local, tState and €Federal regulations. Policy 1.3.2: Reporting Violations of Wastewater Facility Operating Rules. The City will promptly report any violations of local, State or fFederal wastewater facility operating rules to the appropriate agency, and shall take immediate steps to correct any violations. Policy 1.3.3: Wastewater Treatment Plant Operator Certification. The City will employ wastewater treatment plant operators with appropriate and current state wastewater treatment plant operator certification. Policy 1.3.4: Maintaining the Wastewater Treatment Plant. The City will maintain the wastewater treatment plant to ensure production of unrestricted public access quality effluent, consistent with FDEP criteria for use as reclaimed water for irrigation and to continue to obtain effective recovery of reclaimed water from sewage. GOAL 2: The City shall plan for the expansion or increase in capacity of the wastewater system to meet future needs. Objective 2.1: Increasing Wastewater Facilities Capacity. T G: aI "-To pElan for the expansion or increase in capacity of the wastewater system to meet future needs. N -5.011 (2)()2._ F.A.C.] Adopted on Date N - 2 Ordinance No. CITY OF EDGEWATER CHAPTER IV4 COMPREHENSIVE PLAN UTILITIES ELEMENT SANITARY SEWER (Text with underline = additions -- Text with str = deletions) Policy 2.1.1: Coordination with Volusia County. The City will continue its efforts to coordinate with Volusia County to utilize available capacity in the eCounty's south plant to serve customers within the City's service area. Policy 2.1.2: Interlocal Agreement and Provision of Wastewater Treatment Services. The City will comply with the terms of the latest revision of the Interlocal agreement between the City of Edgewater and Volusia County with regard to provision of wastewater treatment service to City and eCounty residents. Policy 2.1.3: Expansion of the Wastewater System Priorities. Priority of the expansion of the wastewater system shall be: • Tto existing areas which present an immediate threat to public health or safety, �x xz�* , • Tto in -fill development in areas of current service availability • Tto areas providing a logical extension of existing facilities and service -. and • Tto promote the production and distribution of reclaimed water as an alternative to Upper Floridian aquifer water being utilized for uses not requiring potable water as irrigation. (9J -5.011 (2)(c)1.. F.A.C.1, Objective 2.2: Providing Reclaimed Water Service. Lf4e Gfr w4l To-pProvide reclaimed water service to customers in the Southeast Service Area and establish a beneficial reuse of effluent from the Volusia County Southeast Regional Treatment Plant pursuant to the St. Johns River Water Management District (SJWMD) mater Supply Plan. Policy 2.2.1: Monitoring Development Activity within Subject Area. The City will monitor development activity within the subject area and establish a target for delivery of the project commensurate with available users. Construction is currently anticipated to occur in FY 2010/2011, subject to demand. Policy 2.2.2: Interconnect Projects and the 5 -year CIP. The City will include the interconnect projects within the 5_ year Capital Improvements Program and address it within the mater Supply Facilities Work Plan (VSF"). Policy 2.2.3: Volusia County Southeast Service Area Interconnect Project. The City will complete the design plans for the Volusia County Southeast Service Area Interconnect project that are currently in progress. Adopted on Date IV - 3 Ordinance No. CITY OF EDGEWATER CHAPTER IV4 COMPREHENSIVE PLAN UTILITIES ELEMENT SANITARY SEWER (Text with underline = additions -- Text with strikethrough = deletions) Policy 2.2.4: Funding for the Interconnect Project. The City will pursue cooperative funding for the Interconnect project through the SB444 program. GOAL 3: The City will continue to optimize the use of reclaimed water and to operate its reclaimed water system efficiently in order to maximize effective use of reclaimed water to reduce demands on groundwater resources and to provide an alternative to using potable water for purposes not requiring potable water, such as irrigation. Objective 3.1: Reclaimed Water Disposal. The -Eiy vc k'T ffiMaximize reclaimed water disposal capacity, make use of available augmentation sources when feasible, and encourage careful use of reclaimed water by its customers. f9J -5.011 (2) (j )3.. F.A.C.] Policy 3.1.1: Expansion of the Reclaimed Water sSystem Priorities. Priority of the expansion of the reclaimed water system shall be: • Tto new development in areas recently annexed by the City; then • Tto existing, non - connected residences and businesses in areas of current service availability; then • Tto in -fill development in areas of current service availability; then • Tto areas providing a logical extension of existing facilities and service. [91-5.011 (2)(c)1._ F.A.C.] Policy 3.1.2: Augmentation Sites and Sources. The City will work closely with the St. jehfts -Ww-r Wa'r SJRWMD to develop the existing permitted augmentation site, and to identify and permit additional supply augmentation sites and sources. Policy 3.1.3: Reclaimed Water and Encouraging Conscientious Use of Reclaimed Water. The City will continue its effective recovery of 90% of wastewater to reclaimed water and encourage conscientious use of reclaimed water. Elements of the program may include: • - Ppublic education through printed media, the City's web site and other means.. -; • A-a series of fines for non - compliance: and • limplementation of metered rates, including tiered rates, if required, to reduce wasteful use. Policy 3.1.4: New Development and Substantial Redevelopment Requirement for Reclaimed Water Distribution Systems. The City will require new development and substantial redevelopment projects to install reclaimed Adopted on Date IV - 4 Ordinance No. CITY OF EDGEWATER CHAPTER IV4 COMPREHENSIVE PLAN UTILITIES ELEMENT SANITARY SEWER (Text with underline = additions -- Text with strikethrough = deletions) water distribution systems and whenever feasible to connect to the City's irrigation water supply system. All such newly installed systems shall be required to provide for future installation of individual meters. Objective 3.2: Innovative Alternative Irrigation Water Supply Systems. The- - _ Promote and consider proposals for innovative alternative irrigation water supply systems that are consistent with the City's objectives of not using potable water for irrigation and reducing irrigation water quantities in general. Policy 3.2.1: Promoting Reuse of Stormwater. The City will work with developers to promote reuse of stormwater from stormwater management areas on the developing property as an irrigation water source and supplement to reclaimed water. Adopted on Date IV - 5 Ordinance No. N � O W v a�s LLI V LL o w Z3 N � O W v a�s N � O v v LLI V LL J o w Z3 N � O v v CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions CHAPTER IV4 UTILITIES ELEMENT SOLID WASTE Text with strikethroug.14 = deletions) CITY OF EDGEWATER COMPREHENSIVE PLAN UTILITIES ELEMENT SOLID WASTE SUB - ELEMENT GOALS, OBJECTIVES, AND POLICIES CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER IV4 UTILITIES ELEMENT SOLID WASTE (Text with underline = additions — Text with s triket hrou gh = deletions) CHAPTER IV C HAPTE R TN UTR ITI ET EAjENgp SO W ASTE SUB ELEMENT TABLE OF-GOINTHNTS A . iNT ............................................................................................. ..............................1 -B. OEFIV-1I`"IOT'ls ................................................................................................... ..............................1 C . SCUT MONE ................................................................................................. ..............................3 O. EXlSTI 1C CONJIT IO NS ............................................................................ ..............................c E. = sTiNG LEVEL O F SE RV CE ............................................................... ..............................9 F . FUTUZME 1` EEDS .............................................................................................. ..............................9 G. GOALS, OBJECTIVES, AND POL rc n Tabllc .................................................................................................................................. ............................... 5 Tilk ................................................................................................................................. ............................... 6 Til - L III ............................................................................................................................... ............................... 9 '"A!7�lC I'\T ................................................................................................................................ ............................... L IS T O rR Anc 9 �Ir 1 ................................................................................................................................. ..............................1 2 1MfIF .................................................................................................................................. .............................11 11 CITY OF EDGEWATER CHAPTER IV4 COMPREHENSIVE PLAN UTILITIES ELEMENT SOLID WASTE (Text with underline = additions -- Text with str i kethroug -1 = deletions) CHAPTER IV- UTILITIES ELEMENT SOLID WASTE SUB - ELEMENT GOALS, OBJECTIVES, AND POLICIES G-. GOALS, OBJECTIVES, AND POLICIES GOAL 1: To protect the public health, safety, and welfare by ensuring that the collection of solid waste be properly managed, including a means of providing for future growth. Objective 1.1: Solid Waste and Recycling Services. Continue to provide solid waste and recycling services in an efficient and effective manner. Policy 1.1.1: Maintaining Services and Future Equipment Needs. Maintain current services and continue to provide for future equipment needs. Keep up with industry's best practices with regard to the collection system routes and resource recovery. Continue the City's capital improvements program to identify needs for solid waste facilities and equipment. [91 -5.011 (2)(c)1._ F.A.C.] Policy 1.1.2: Monitoring Solid Waste and Recycling Services. Monitor solid waste and recycling services provided by private contractors to ensure proper service delivery. Policy 1.1.3: Funding Solid Waste Services. Fund solid waste services with user fees and State and Federal grants, if available. Objective 1.2: Per Generation Rates. Ensure that provisions are made for growth and either maintain or reduce the current per generation rates. Policy 1.2.1: Ensuring Capacity in Landfill to Accommodate New Development. €dgewa The Citv shall coordinate with Volusia County to ensure that adequate capacity is available in the County landfill to accommodate new development before development permits are issued. Policy 1.2.2: Solid Waste Level of Service Standard. The level of service standard for solid waste shall be 2-4-5 pounds per capita per day. This includes household garbage and yard waste. [9J -5.011 (2)(c12._ F.A.C.] GOAL 2: To protect the public health, safety, and welfare by promoting safe, lawful, and environmentally -sound methods of disposing of hazardous waste. Adopted on Date IV- 1 Ordinance No. CITY OF EDGEWATER CHAPTER IV4 COMPREHENSIVE PLAN UTILITIES ELEMENT SOLID WASTE (Text with underline = additions -- Text with str = deletions) Objective 2.1: Safety Factors. T4i,& - C , .h - shall— eCooperate with the County to monitor the generation rates and disposal methods of hazardous waste by industrial and commercial establishments and residents within €dgewafer- the Citv to ensure safety factors. Policy 2.1.1: Disposal of Hazardous Waste Materials. Edgc� -✓� The City shall enforce County, State, and Federal regulations regarding disposal of hazardous waste materials. Objective 2.2: Disposal Methods. eCooperate with the County to monitor the generation rates and disposal methods of hazardous waste by industrial and commercial establishments and residents within Edgewater- the Cit_v to ensure environmentally -sound disposal methods are being utilized. Policy 2.2.1: Disposal of Hazardous Waste Materials. €dgewatei The City shall enforce County, State, and Federal regulations regarding disposal of hazardous waste materials. GOAL 3: Reduce solid waste generation rates by increasing the amount of recycling materials collected. Objective 3.1: Recycling. Promote recycling lrto residential and commercial customers. Policy 3.1.1 Distributing Educational Materials Distribute educational materials and develop other means to reach the customers with this message. Policy 3.1.2 Recycling Collection Monitor recycling collection to determine average per capita per day collected. l rw rv��y 'u a�Lnc 3f the City 4,i lc rF x\ -Tc figpfes Identify residential areas of the City that have low recycling figures. Target those areas for additional educational and promotional materials. [91 -5.011 (2)(c)1._ F.A.C.] Policy 3.1.3: Developing Promotional Materials. Take advantage of any funds available through County, State, or Federal grants to develop promotional materials for recycling. 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úÙÈÙÒÏÎÑÙÐÊË Ì¸» Ý·¬§ ©·´´ ©±®µ ©·¬¸ »¨·¬·²¹ ¼»ª»´±°³»²¬ ¬± °®±³±¬» ®»«» ±º ¬±®³©¿¬»® º®±³ ¬±®³©¿¬»® ³¿²¿¹»³»²¬ ¿®»¿ ¿ ¿² ·®®·¹¿¬·±² ©¿¬»® ±«®½» ¿²¼ «°°´»³»²¬ ¬± ®»½´¿·³»¼ ©¿¬»®ò ß¼±°¬»¼ ±² Ü¿¬» ×Êóí Ñ®¼·²¿²½» Ò±ò CITY OF EDGEWATER COMPREHENSIVE PLAN COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES, AND POLICIES CHAPTER V CITY OF EDGEWATER CHAPTER V-5 COMPREHENSIVE PLA COASTAL ELEMENT (Text with underline = additions -- Text with s triket hr eugI 4 = deletions) A . INTROOUCTIW- l ................................................................................ ..............................1 B. COA STA L MANAGEMENT DATA AND S..................... ............................... 1. 36ig; ;L.d� \ \d �Yl the Sri i a�Z» » -g A reft [ 9j 5.042 ( J a . 1-rr.id U:x- .................................................................................. ..............................1 to ✓��li� La.--� d L r ..3.-l'! � c tc c. `�'attir Dq7 ndmt /`Vatcr Rcla vd U.r c ................................................. . .............................1 .......................................................................................... ..............................� Z . ......................................................................................... ..............................` 2. Natur - al Reseur ir. the al Romrrrrr.- U [9 ....... ............................... � a. Vcg to uvc L. V "c�!u� x .................................................................................................... ............................... C C �ti!C &s �t F�l 1i�s ....................................................................... ..............................� d. `Vildli HaL. ..................................................... ............................... � ,.a Th- a c y r c~ „ t Geft .............. ............................... �i ~ ~ r �ti5�c _ i � � rti . S :: ........................................................................ ............................... C i 111 3ou.- c.,:*�iliA -x c Ail E3g ,,- 1, tc1 ........................... ..............................9 g . Aivu cfvfyocial Cc Iccim ........................................................................ ..............................9 3. Hi - Reseur - ees aiid c:.,, in tkc C3a3tal Nxirtrr Are [9j 5_012`2\ 9 4- us »r e�rCs ( d)] ......................................... ..............................9 u »l Ntxl mat C; -. .. ............................... .............................11 b, r;i y of Rdgewit 1-2 b ti/1T Ih gf�r» ................................ .............................12 ....................................................................................................... ..............................1 O P. c�lx�ul ................................................................................................ ..............................1 ( ui) al .............................................................................................._....... ..............................1 �. Natur -al Di [nJ e.012 (3) (= )] ............................................... ..............................1 ? 1 - I IurzK* u l�c: ............................................................................ ..............................1 L . . ............................................................... ..............................1 1 Adopted on Date V -i Ordinance No. CITY OF EDGEWATER CHAPTER V-5 COMPREHENSIVE PLA COASTAL ELEMENT (Text with underline = additions — Text with s triket hr eugI 4 = deletions) c . Er acuatsc'.1 Jncltcr3 ................................................................................. ...................._........11 d. ............................................................ ..............................1 z Ire: s, 3f rk. ........................................................... .............................16 5 1Vt D�✓a�t P_c�:l r��t ............................................................... ..............................1 G �. Coa,tral I- gli I Ia;:ard Arca ...................................................................... .............................17 H- 3. aen rnd D-mie- ,,- rcrna ................................................................................. .............................17 7 . ................................................................. .............................1° S. r- ...................................................................................................... ..............................1 IS n . Try f CuxnIz tik;� ................................................................................... .............................13 L. sc wcr ......................................................................................... ..............................1 ? c . 1l/ Lac W& ......................................................................................... .............................19 d . D a AaN. .................................................................................................... .............................19 c. Lil l crr FA, Ih; te zz-c� . ..................................... ............................1 GOALS, OBJECTIVES AND T T I�E 22 Adopted on Date V -ll Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with s triket hr eugI 4 = deletions) `"ablc V 1: .............................. T&b''c ✓ mete:l��a ✓u ofs Edv � tzr .................................. .............................22 c Fb �a 4 r\ ................................... .............................25 ...... ..................................... .............................2° xNc V 5: Dc4peffde�ftt 5 I1,u a :fi Rde 20 A 6 Table 4 �_ �__: 4: n, ,: v� �:,:4 ' :�0 —c �x h: z _ ............... ..............................I TftWc 7: Vol ......................................... ..............................� M&I, V 1: - Woszn lxl his= as ............................................................................ ............................. t ....................................................................................... 1-7 ,NIar V 5: ........................................................... .. ............................1 IS Mr Rcclrt3d U'5--3 ..................................................... ............................... 19 Mt y V 5: Nr. 1 1k:;oUre iff t h e G ,., ,�, � r c ........................................ .............................59 Mal, V 6: v C:3fi3ta1 100 Ycar �l�d�rlr� i� ....................................................................... .............................51 AIV V 7: Ii34,vd ✓hwi i tt the C ..4.., 1-fi 14 + d A-v a ........................................ .............................52 M&F V 0: S` 14�u�\7 Au ....... . ............................5i , , V 9: IT-- zmZ3 ...................................................................... ............................511 . A-�-a ......................................... ..............................f '\Iar V 11: zr acua � P.azr .......... .................... ... ... .......... . ............... . ............... .............. 56 { T �14F \T 1 - 2- � ............. � . T-r ffi G. .. _,4. 4,.. � td I�La »�1 111�� .. ............ ......................... ............ ' 7 Adopted on Date V -iii Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions -- Text with `'tr = deletions) CHAPTER V COASTAL MANAGEMENT ELEMENT GOALS, OBJECTIVES, AND POLICIES Q GOALS, OBJECTIVES, AND POLICIES GOAL 1: COASTAL RESOURCES. Conserve, protect, and manage the coastal resources of the City of Edgewater including the wetland and upland ecosystem so as to maintain and enhance native habitats, floral and faunal species diversity, water quality, and natural surface water characteristics. Objective 1.1: Habitat Preservation. Ea afar— -T ik4e ttUtilize development regulations and other management programs in conjunction with the County to ensure the long term protection and enhancement of selected natural upland and wetland habitats and water quality. The primary means of accomplishing this objective will be through the retention of interconnected hydrological systems where the wetlands and uplands function as a productive unit resembling the original landscape. [9J -5.012 (3)(b11._ F.A.C.] Policy 1.1.1: Management Plans and Standards. The City of Edg:v n`,e-r coordinate with the County's Environmental and Natural Resources Advisory Committee and the Volusia County Environmental Management Department to maintain, update, and implement management plans and standards that protect and conserve natural systems within the City. Policy 1 .1.2: Conservation Overlay Maintenance and Hydrological Corridors. The City will maintain a Conservation Overlay area on the Future Land Use Maki (FLUM)that identifies hydrological corridors in the City that require special review and potential conservation designations. Policy 1.1.3: Conservation Overlay Coordination and County Designated Environmental Corridors The City will continue to coordinate the Conservation Overlay designation with the County's designated environmental corridors to ensure the natural systems remain intact evet3 after annexation. [9J -5.012 (3)(c)1._ F.A.C.] Policy 1.1.4: Critical Wetland and Upland Habitats and Connecting Corridors. Areas of critical wetland and native upland habitats that are not connected to corridors that exhibit resource values shall be evaluated for inclusion as conservation or recreation areas within future development Plans. Secondary linkage to nearby corridors, e f by any artificial means, shall be considered and encouraged. Construction of new corridors, or restoration of existing disturbed corridors, shall be Of difia .iz: - Na 2906 0 1� Adopted on Date V -1 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) considered as a form of mitigation where appropriate. f9J -5.012 (3) (c)1.., F.� Policy 1.1.5: Minimizing Long -term and Cumulative Impacts. By 2043-,-+The City will continue to enforce the conservation, management, and development performance standards and criteria within the Land Development Code which will minimize long -term and cumulative impacts on coastal habitat by requiring site specific analysis during the review process. Policy 1.1.6 Habitat Mitigation Standards The City will coordinate with the St. Johns River Water Management District regarding standards for habitat mitigation. These standards will identify situations where mitigation may be acceptable (e.g., non- forested wetland or mangrove swamp creation), unacceptable (e.g., certain endangered species habitat such as an eagles nest), or problematic (e.g., experimental or unproven). In all cases, the proposed mitigation plan must be designed and the project monitored by a qualified professional. The mitigation plan should include the following: • A-a statement of mitigation goals and objectives. • W watershed and adjacent habitat evaluation. • Ggeohydrological analysis for review by the St. Johns RiverWater Management District. • 44detailed construction plans, planting materials and maintenance schedules. • A—a long term management plan for created habitat in the watershed in which it is located (inappropriate future land uses surrounding the created or enhanced habitat may alter the habitat's character or eliminate it completely). • Tthe removal or control of exotic or nuisance vegetation. • 4(�_quantifiable monitoring methodology to evaluate the degree of success obtained. • -?groper contracted supervision by a qualified expert. • A-a detailed budget and cost estimates. • Tthe entity responsible for undertaking maintenance and a long- term management plan with available funding required to ensure future success. f9J -5.012 (3)(c)3.. F.A.C.] Policy 1.1.7: Habitat Mitigation Plans, Programs, or Activities. For all habitat mitigation plans, programs, or activities, the City of F.dge_ft shall require quantifiable, realistic goals; maintain direct supervision through Of difia .iz: - Na 2906 0 1� Adopted on Date V -2 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions -- Text with `'tr = deletions) the construction and monitoring process; and if problems or failures result, be able to enforce permit conditions. [9J -5.012 (3)(c)3._ F.A.C.] Policy 1.1.8: Development in Habitat Areas and Impact to Listed Species. Development in habitat areas listed by the State of Florida and U.S. Fish and Wildlife Service as Endangered, Threatened, or Species of Special Concern shall not adversely impact the listed species. Policy 1.1.9: Development Proposals and Submitting a Mitigation Plan. Development proposals which propose to alter wetlands, or which cannot preserve the required portion of native vegetation on the site shall submit a mitigation plan (may include creation of new habitat of the same type destroyed, restoration of previous disturbances, and purchase of similar habitat for preservation). [9J -5.012 (3)(c)3._ F.A.C.] Policy 1.1.10: Maintaining Tree Protection Regulations. Maintain tree protection regulations to prohibit the removal of native vegetation, including mangroves, without a permit. Policy 1.1.11 Development Adiacent to Estuarine and Riverine Shoreline Areas. Development adiacent to estuarine and riverine shoreline areas shall maintain a habitat buffer zone to protect or conserve the canopy_, understory and ground cover of native utgland vegetation and wetlands. f91 -5.012 (3)(c)1._ F.A.C.] Objective 1.2: Shoreline Protection. Tite � � Maintain regulatory programs designed to enhance and protect the natural functions of the estuarine shoreline. f91 (3)(b)2.. F.A.C.] Policy 1.2.1: Hardening of the Estuarine Shoreline. Hardening of the estuarine shoreline shall be allowed only when erosion is causing a significant threat to life or property. When hardening of the shoreline is approved, stabilization methods other than vertical seawalls and bulkheads shall be used. 19J -5.012 (3)(c)1._ F.A.C.] Policy 1.2.2: Impervious Surface and the Mean High Water Line. No more than 30% impervious surface shall be allowed within 100 feet of the mean high water line. f9J -5.012 (3)(c)L. F.A.C.] Policy 1.2.3 Shoreline Protection Buffer. A shoreline protection buffer shall be maintained for a distance extending 50 -feet laterally upland from the mean high water line within the buffer zone and 25 -feet from wetland vegetation, except that reasonable access shall be permitted. [9J -5.012 (3)(c)1._ F.A.C.] Of difia .iz: - Na 2906 0 1� Adopted on Date V -3 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) Policy 1.2.4 Identifying Critical Habitats and the Estuaryine Shoreline The City will identify critical habitats along the estuary shoreline on the P�'* 1-wff d Use 4f FLUM in the Conservation Overlay area. GOAL 2: LAND USE. To conserve, protect, and restore coastal resources by managing growth and land uses :; &3 » ' to prevent damage or d&Atordestruction of those resources. Objective 2.1: Coastal Land Uses. Continue to enforce land use regulations that provide for the location, extent, and distribution of land uses consistent with the protection of coastal resources. (9J -5.012 (3) (b)1.. F.A.C.] Policy 2.1.1: Proposed Land Uses and Impact on Coastal Resources. Proposed land uses which may have significant adverse impact on coastal resources shall be appropriately regulated to mitigate such impacts. [9J -5.012 (3)(,11.. F.A.C.] Policy 2.1.2: Environmental Impact Assessment. An environmental impact assessment shall be prepared and reviewed for land uses proposed in potential critical habitat areas. Policy 2.1.3: Protection of Natural Resource, Environmental, Ecological, and Critical Wildlife Habitat Areas Designated natural resource areas, significant environmental or ecological features, critical wildlife habitat, environmental system corridors or conservation areas shall be protected through a variety of mechanisms including buffer zones, restoration, limiting density and intensity, conservation easements, acquisition, density transfers, transfer of development rights (TDR's), purchase of development rights or land exchanges. f9J -5.012 (3)(c)l.. F.A.C.] Policy 2.1.4: Requirement of Ecology Survey and Proposed Waterfront or Water - dependent Uses To limit the cumulative impacts of development on remaining coastal marine resources and wildlife habitats, an ecological survey shall be required for all proposed waterfront or water- dependent uses. f9J -5.012 (3)(c)1._ F.A.C.] Objective 2.2: Coastal Resource Protection. Continue to enforce performance standards for appropriate densities, intensities, buffer zones, resource protection, and location of development adjacent to aquatic and natural preserves, wildlife refuges, and environmental system corridors to protect the natural character, scenic values and public benefit of these areas. f9J -5.012 (3)(P)1. and (3)(b)2._ F.A.C.] Policy 2.2.1: Permitting Inconsistent or Incompatible Land Use Amendments or Rezonings The City of Rdge-T afeiz shall not allow land use amendments Of difia .iz: - Na 2906 0 1 Adopted on Date V -4 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) or rezonings which would be inconsistent or incompatible with the protection or conservation of coastal resources. Policy 2.2.2: Innovative or Alternative Techniques to Protect Coastal Resources. Utilize innovative or alterative techniques to protect coastal resources. Such techniques could include Conservation Overlay areas, buffer zones, restoration, conservation easements, quality development programs, acquisition, density transfers, transfer of development rights., or land exchanges. f9J -5.012 (3)(c)1.. F.A.C.] Policy 2.2.3: Developing Consistent Standards, Criteria, and Land Development Regulations. Cooperate and coordinate with local governments, State agencies, and special districts in developing consistent standards, criteria, and land development regulations for protection of coastal resources. Policy 2.2.4: Permitting New Point Sources and the Indian River Lagoon. No new point sources shall be permitted to discharge into the Indian River Lagoon. f9J -5.012 (3) (c) l .. F.A.C.] Policy 2.2.5: Manatee Habitat Areas, Marinas and Boating Speed Limits. In order to protect manatees, marinas shall not be built in designated manatee habitat areas. Boating speed limits shall be coordinated with the County in manatee - designated areas. [9J -5.012 (3)(c)1.. F.A.C.] Objective 2.3: Wat er epen - ew Priorities for Shoreline Water Dependent Uses. Ensure that p -Priorities for shoreline land use shall be given to water - dependent uses over water - related land uses and shall be based on the type of water- dependent use, adjacent land use, water quality, impact on critical habitat, and impact on coastal resources. Policy 2.3.1: Resource Management Plan for the Indian River Shoreline. By The City shall continue to work, with Volusia County to develop a Resource Management Plan for the Indian River shoreline. Ugon adoption of the Plan. the City= shall ado9t the L oals. objectives. and policies that reflect the Plan. f9J -5.012 (3) (c)15.., F.A.C.] l�tih 1rxUuVii: ;xllr��� »t t&i., � ul uX11 ide " ffes s f waf er deeeft eftf fttta w afef v , d u,��. ThC RC3�xl e Al , effien+ ni nes Mall j�c keg p6,- X.�e�rv X* 6ng D - rtcr u, f ix, Jicuf:i u�� e �ti:r:; c✓:� w a;�d �t arT' �: rya -i��,; pz t"� S; = wfffef - Of difia .iz: - Na 2906 0 1 Adopted on Date V -5 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) dcps 1s m ttfi4t4 a nd iiidt � w hi e k _de g�t &d v cr --afets or- 11,1xl ux 2. W afe.. enhaneed use :moil as eeft ft t i4t e a�xi i s a.,sf..:,.i . .. ?. Non wato� of relate .c� 'Vv.3 as L�t��rvr icca 4 0 lcrx c:t u:r3 whl ,- "-, ati non w ate prod Ws �l 1, Flu ear 0 eeas Policy 2.3.2 Developing Performance Standards for Water Dependent Uses. The City will coordinate with the resource management plans of other agencies, such as aquatic preserve management plans or Surface Water Improvement Management (SWIM) plans in developing performance standards for water dependent uses. [91 -5.012 (3)(c)15._ F.A.C.] Policy 2.3.3: Performance Criteria and the Resource Management Plan. By 2- 0"December 2014. any performance criteria identified in the Resource Management Plan for shoreline uses will be adopted into the Land Development Code. GOAL 3: WATER QUALITY. To protect, enhance, and improve the quality of the estuarine environment. Objective 3.1: Estuarine Quality. Coordinate and maintain records of estuarine water quality sampling through the Volusia County monitoring program to measure changes in water quality. Policy 3.1.1 Corrective Action The City will review the County's data and coordinate to determine where corrective action is needed. Corrective action shall be coordinated with SJRWMD and FDEP. Policy 3.1.2: Point Source Discharge Permits. Annually, the City of P a ___ fffe.. and the Department of Environmental Protection shall review and update all point source discharge permits, checking for accuracy and compliance. Policy 3.1.3: Non -point Source Discharge Permits. Annually, the City o L:d'mer and the SJRWMD shall review and update all non -point source discharge permits, checking for accuracy and completeness. Policy 3.1.4: Point and Non -point Source Discharges and Facilities. Provide the County with SJRWMD and FDEP data that includes point and non- Of difia .i:c - Na 2906 0 1 Adopted on Date V -6 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) point source discharges and facilities, which are identified as potential water quality problems annually. Policy 3.1.5: Coastal Planning Areas and Septic Tanks. The City will continue to prioritize Coastal Planning Areas that are currently using septic tanks to be incorporated into public sewage treatment systems. Criteria to be used in the ranking systems shall include: • A. areas known or suspected to be negatively impacting surface or groundwater quality..; • B. Ssoil type:; C—. - Wxvater table leveh; • �. Pproximity to Aquatic Preserves and Outstanding Florida Waters -; • Pproximity to open shellfish harvesting areas -; + F- ��roximity to other water bodies. -; ± G. 44density of septic tank systems - and • 14. Pproximity to existing or planned public wastewater treatment systems. Policy 3.1.6: Future Placement of Septic Tanks. The City will not allow the future placement of septic systems in those areas identified as unsuitable for septic tank use. The City will continue to coordinate with the Volusia County Department of Health regarding septic tank permits. (9J -5.012 (3)(c)1._ F.A.C.] Policy 3.1.7: Sewage Treatment Plants and Level of Treatment. As additional sewage treatment plants are constructed and /or existing plants are expanded within the City, a concerted effort and commitment shall be made to utilize the highest level of treatment possible. Policy 3.1.8: Alternative Methods of Effluent Disposal. The City will continue to use alternative methods of effluent disposal such as re -use and land spreading /spray irrigation to reduce nutrient loadings in the rivers and estuaries. Policy 3.1.9 Maintaining Best Management Practices Maintain best management practices in the Ci -'s lI and dDevelopment rRegulations that limit the amount of sediment reaching all surface waters. These practices shall be used in agriculture, silviculture, construction, dredge and fill operations, and stormwater management systems. The City= shall also continue to Of difia .iz: - Na 2906 0 1 Adopted on Date V -7 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions -- Text with `'tr = deletions) require erosion and sediment control provisions as part of the development review process. 19J -5.012 (3)(c)1._ F.A.C.] Policy 3.1.10: Construction of Future Stormwater Systems. The construction of future storm water management systems and the redesign of existing systems shall consider the timing of discharge of fresh water to the estuary, the hydroperiod of the wetlands, as well as the potential loadings. Storm water systems should be designed to gradually release water via sheet flow through natural or constructed wetlands. Policy 3.1.11: Estuarine Pollution and Controlling Surface Water Runoff. Utilize the City's 19 90 most recent Master StoTm2vater Management Plan to address estuarine pollution and control surface water runoff. RaLkcy 3.1.12. T ty's _N1a t t'-X n bi Ju 2004. :Policy 3.1.12: Preparation of Management Plans, Water Quality Studies, and Sampling Programs The preparation of management plans, water quality studies, and sampling programs will be coordinated with the County, the SJRWMD, and the FDEP. [9J -5.012 F� - (31(c115._, F . 3.1.14:Policv 3.1.13: Canal Water Quality Monitoring Results. The City will continue to implement its Quality Assurance Plan and submit canal water quality monitoring results to the SJRWMD. Maio•; 3.1.13:Policy 3.1.14: Improving and Enhancing Water Quality and eEstuarine Conditions. The City of Edgcw atef shall continue its commitment to improve and enhance water quality and estuarine conditions through intergovernmental cooperation by a variety of mechanisms such as: • -pp-articipation in ad -hoc or other special technical advisory committees. • Rexchange of data and information among and between the County and adjacent municipalities. • Pp-pp and discussions with the Volusia Council of Governments. • 13updating data in cooperation with FDEP and SJRWIVID. • -Nnotification of proposed programs, development regulations or activities that address water quality. • 6continue participation in the SWIM program. Of difia .iz: - Na 2906 0 1 Adopted on Date V -8 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) • limplement the policies or recommendations of the Mosquito Lagoon Aquatic Preserve Management Plan. • Pp-pp and assistance in maintaining and expanding the water quality sampling and monitoring program. f9J -5.012 (3)(c)15.. F.A.C.] GOAL 4: COASTAL HAZARDS. Lessen the impact of a destructive storm on human life, property, public facilities, and natural resources. The City shall also restrict public expenditure in areas subject to destruction by natural disaster. Objective 4.1: Evacuation of Population. The C fy 4 VAge - soft `" ~ taintain the clearance time for the evacuation of the population in six (6) hours based on a level -of- service standard "D ", as defined in the Transportation Element, during the time of hurricane in any category storm. N -5.012 (3)017.. F.A.C.] Policy 4.1.1: Land Use Plan Amendments and Increasing Clearance Times. Land use plan amendments shall not increase the clearance time for evacuation of the population above six (6) hours. The Level -of- Service "D" is established for the purpose of calculating the capacity of road facilities to clear evacuees within the hurricane evacuation time. f9J -5.012 (3)(c)4.., F.A.C.] Policy 4.1.2: Assessing Impact of New Development and Clearance Times. The City of 4-*ew f ° shall assess the impact of all new development on the hurricane evacuation network to ensure it will not increase clearance time for evacuation of the population above six (6) hours. 19J -5.012 (3)(c)4.. F.A.C.] Policy 4.1.3: Adequate Roadway Capacity and Evacuation of Residents. The City of F Age - - - :fef shall coordinate with the County and FDOT to ensure adequate roadway capacity to facilitate the evacuation of residents. 9 - 5.012 (3)(c)4.. F.A.C.] Policy 4.1.4: Minimizing Impact of Flooding and Storm Surge and Evacuation Routes. Future development and roadway improvements shall be designed to minimize the impact of flooding and storm damage on evacuation route facilities. (9J -5.012 (3)(c)4.. F.A.C.] Policy 4.1.5 Design of Evacuation Routes Evacuation routes shall be designated in such a way as to distribute traffic demand to provide optimum utilization of available roadway facilities. f9J -5.012 (3)(c)4.. F.A.C.] Policy 4.1.6: Comprehensive Emergency Management Plan. The City 4 shall maintain and update fits "Di,;e;z or Ai 0aii1 fi oe , Of difia .iz: - Na 2906 0 1� Adopted on Date V -9 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions -- Text with s triket hr eugI 4 = deletions) eft CoVrehensive Emeeeng Management Plan" in coordination with the County's "Comprehensive Emergency Management Plan" to ensure the orderly evacuation of the population. f9J -5.012 (3)(c14 F.A.C.] Policv 4.1.7: Peacetime Emergency Plan and Evacuation Plan. The City shall coordinate a Peacetime Emergency Plan and evacuation plan with the applicable Federal. State and Regional agencies and other local municipalities. This coordination will be accomplished by membership., cooperation and regular attendance at meetings held by the Volusia County Office of Civil Preparedness Advisory Board. This Board represents the lead agencv for disaster planning within the County. f9J - 5.012 (3)(c)3.. F.A.C.] Objective 4.2 Shelter for Population. Designate hurricane evacuation shelters to protect the population in the event of a hurricane_ i1n cooperation with the American Red Cross and Volusia County_, anc cvacu t the pcVa'fftian i the event of a httffieaffe— Policy 4.2.1: Hurricane Emergency Shelters. The City shall coordinate with Volusia County to ensure that there are hurricane emergency shelter facilities available in the County to accommodate at least 23% of the City's population, based upon a standard of 40- square feet of shelter space per person. Policy 4.2.2: Location of New Hurricane Emergency Shelter Facilities. New hurricane emergency shelter facilities shall not be located in the Hurricane Vulnerability Zone. Objective 4.3: Mitigation of Property Damage. — :�'ia11Te eEnsure that development in the coastal high hazard area and hurricane vulnerability zone minimizes danger to life and property. Policy 4.3.1: Public Facilities in the Coastal High Hazard Area Prior to the development of public facilities in the Coastal High Hazard Area, it shall be determined that there are no other feasible sites within the City outside of that area. f9J -5.012 (3)(c13- F.A.C.] Policy 4.3.2: Public Facilities in the Coastal High Hazard Area and Building Requirements If constructed or redeveloped, all public facilities in the coastal high hazard area shall be required to meet strict building code regulations for hurricane wind design and flood control to ensure minimum damages during storm events. 8fdia icc Na 29 8-48 Adopted on Date V -10 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions -- Text with tril( = deletions) Policy 4.3.3 Development in the Hurricane Vulnerability Zone All development in the Hurricane Vulnerability Zone shall be consistent with the federal flood hazard requirements. Policy 4.3.4: Participation in the National Flood Insurance Program. The City shall continue to participate in the National Flood Insurance Program (NFIP) Objective 4.4: Post Disaster Redevelopment. 44te Gify wiH _ fftMaintain a Combrehensive Ememeng Manaeement � Plan to ensure that the most effective practices are utilized to provide safety and relief to citizens during and after a natural disaster. 5.012 (3)(b)8.. F.A.C.] Policy 4.4.1: Comprehensive Emergency Management Plan Requirements. The Comprehensive Emergency Management , Reowff e, and Reoe6yy Plan shall include: an evacuation plan; disaster assistance; public information; damage assessment procedures; and recovery activities. 5.012 (3)(c)5.. F.A.C.] Policy 4.4.2: Comprehensive Emergency Management Plan Priorities. The Comprehensive Emer -eency Management &eotwq�-Plan shall maintain priorities for repairing, replacing, modifying, or relocating public facilities. [9J -5.012 (3)(c)5._ F.A.C.] Policy 4.4.3: Comprehensive Emergency Management Plan Procedures. The Combs ehensive Emergency Manaeement. , Plan procedures will be consistent with the County's evacuation and recovery procedures. f91 -5.012 (3)(c)5.. F.A.C.] Policy 4.4.4 Build -back Policies The City shall enforce the build -back policies contained in its Combrehensive Emer Management Plan after a hurricane. f9J -5.012 (3)(c)5._ F.A.C.], Policy 4.4.5: Public Infrastructure and the Coastal High Hazard Area. Public infrastructure receiving damage of more than fifty percent (50 %) of its value that is not necessary to support adopted levels of service shall be relocated away from the Coastal High Hazard Area. f91-5.012 (3)(c)5.. F.A.C.] Policy 4.4.6: Rebuilding Existing Residential Units and Disasters. Existing residential units destroved in a disaster may be rebuilt to the same densitv (limited to the pre - disaster number of units and square footage). f9J - 5.012 (3)(c)5.. F.A.C.] 8fdia icc Na 29 8-48 Adopted on Date V -11 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) Objective 4.5: Coastal High Hazard Area. Lf4e Gitt- s4a - 11-imit development in the Coastal High Hazard Area and sdirect population concentrations away from this area. (9J -5.012 (3)(x)6._ F.A.C.] Policv 4.5.1: Defininz the Coastal Hikh Hazard Area. The coastal high- hazard area is hereby defined as the area below the elevation of the Category 1 storm surge line as established by a Sea. Lake and Overland Surges from Hurricanes (SLOSH) computerized storm surge model. [9 -5.012 (3)(c)7.,, F.A.C.] _ 1lai�� 1.5�Policv 4.5.2: New Public facilities and Coastal High Hazard Areas. No new public facilities shall be located in the Coastal High Hazard Areas other than those necessary to support the levels of service identified in the Capital Improvement Element and for overriding health and safety reasons. [9J -5.012 (3) (c)7.. F.A.C.] 1lai�� 1.5-ZPolicv 4.5.3: Identifying Redevelopment Areas in the Coastal High Hazard Area By 2-GQ December 2014. the City shall identify areas in the Coastal High Hazard Area needing redevelopment, including eliminating unsafe conditions and inappropriate uses as opportunities arise. (9J -5.012 (3)(c)6.. F.A.C.] Pehey 4.5.3tPolicv 4.5.4: Coastal High Hazard Area and Clearance Times. Land use amendments for areas within the Coastal High Hazard Area shall not increase the clearance time for evacuation above six (6) hours. -Pehey 4.5.4Policv 4.5.5 Permitted Densities and the Coastal High Hazard Area No future land use amendments shall be approved within the Coastal High Hazard Area which will increase the previously permitted density. GOAL 5: PUBLIC ACCESS. Provide. mMaintain and improve public access to the sovereign lands of the coastal management areas through the provisions of coastal access facilities, fishing piers, boat ramps, and marinas. Objective 5.1: Public Shoreline Access Facilities. Provide and maintain physical public access to the shoreline of the Indian River_ consistent with the City's population_ aiei piy3ical Nb aeeess to Puy [91 - 5.012 (3)x)9.. F.A.C.] Policy 5.1.1 Physical Public Access Facilities Wherever feasible, the City shall ensure that all physical public access facilities to the shoreline shall be accessible by a public road with adequate public parking. [9J -5.012 (3) (c)10.. F.A.C.] Of difia .i:c - Na 2906 0 1 Adopted on Date V -12 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) Policy 5.1.2 New Pedestrian Access The priority for new pedestrian access shall be pedestrian walkovers or other alternatives that do not cause environmental degradation. Policy 5.1.3 Public Access to the River The City shall prohibit the vacation of public rights -of -way that provide or could provide public access to the river. (9J -5.012 (3) (c)10.. F.A.C.] Policy 5.1.4: Rehabilitation and Redevelopment of Public Access Facilities. The City shall pursue rehabilitation or redevelopment of any public access facilities that indicate deterioration or negative impacts to natural resources. 19J -5.012 (3)(c)10.. F.A.C.] Policy 5.1.5: Public Access Facilities Consistency Requirements. The City shall ensure that the tgublic access facilities are consistent with the requirements of the Coastal Zone Protection Act of 1985. f91-5.012 (3) (c) 10... F.� ✓ Objective 5.2: Fishing Piers. The Gify shs Coordinate with Volusia County to ensure that adequate allocation of fishing piers is provided to meet the demands of the current population. 19J -5.012 (3)(b)ll.. F.A.C.] Policy 5.2.1: Fishing Pier Provision. The City shall provide 0.0181 - linear feet of fishing pier for each resident of the Coastal Planning Area (181 linear feet/ 10,000 persons) consistent with Volusia County. Objective 5.3: Boat Ramps. P rovide an adequate number of boat ramps to meet the needs of the existing population. f9J -5.012 (3)O ) 11.. F.A.C.] Policy 5.3.1: Boat Ramp Provision. The City shall provide 0.0002 of boat ramp lane for each resident (1 ramp lane for every 7,500 residents) consistent with Volusia County. Policy 5.3.2: Future Boat Ramp Lanes. To the greatest extent possible, future boat ramp lanes shall be built as part of a Regional boat launching facility. Objective 5.4: Marina Slips. P rovide the private sector with the ability to accommodate the projected demand of additional boats slips in marinas. Policy 5.4.1: Marinas. Marinas shall be encouraged to include both wet slip and dry slip capacity. Policy 5.4.2: New Slips and the Expansion of Existing Marinas. Priority for new slips will be given to the expansion of existing marinas. Adopted on Date V -13 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) Objective 5.5: Scenic Routes. The Ghat- slt4l e e Establish scenic routes and roadways consistent with the County's Scenic Roadnmy Element, to preserve the natural beauty and vistas of the Coastal Planning Area. 19J -5.012 (3) (j )2._ F.A.C.] Policy 5.5.1 Riverside Drive Scenic Roadway Riverside Drive shall remain designated as a scenic roadway because of its significant aesthetic value. Policy 5.5.2: Riverside Drive as a Conservation Overlay. A Conservation Overlay will be indicated on the FLUM along Riverside Drive to protect the scenic quality. GOAL 6: PUBLIC SERVICES AND FACILITIES. Public services and facilities in the Coastal Planning Area shall be adequate and available to serve both current and future residents. Objective 6.1: Infrastructure Coordination. rid Dcv�lr : "o C v i Eensure through the Land Development Code that the provisions of roads, potable water, sanitary sewer, drainage, and solid waste, and recreation facilities and services required to maintain the adopted level -of- service standards throughout the Coastal Planning Area shall be consistent and phased with the level of development proposed in the Future Land Use Element. [9J -5.012 (3)(b)1L. F.A.C.] Policy 6.1.1: Development or Redevelopment within the Coastal Areas. Development or redevelopment within the coastal areas shall have public services and facilities available concurrent with the impacts of development. [9J -5.012 (3) (c) 13.. F.A.C.] Policy 6.1.2: Limiting Public Expenditures in the Coastal High Hazard Area. The Citv shall limit public expenditures in the coastal high hazard area to the restoration or enhancement of natural resources and the improvement of public parks and historic related facilities obtained from the City's Historic Resources Survey or the Florida Master Site File upon adoption of this Plan. f9J -5.012 (3)(c)11._ F.A.C.] Objective 6.2: —T ^nspe t^* ° ^N Concurrency. The City shH Eensure through 4s-the Land Development Code_ development review process, concurrency management system and capital improvements schedule that adopted level -of- service standards are sufficient and ffief provided for the existing and projected Coastal Planning Area population. f Policv 6.2.1: New Development and Redevelopment and the Adopted Level of Service Standards New development and redevelopment oroiects Of difia .iz: - Na 2906 0 1� Adopted on Date V -14 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions -- Text with `'tr = deletions) within the Coastal Planning Area shall be consistent with the adopted Level of Service Standards established in this Combreh_ ensh)e Plan. (9J -5.012 (3)(c)13._ F.A.C.] Objective 6.3 Potable Water. Ensure through the City's development review process, concurrency management system and capital improvements schedule that there are sufficient water resources to provide potable water to meet the needs of the Coastal Planning Area population. Policy 6.3.1: Future Development and Potable water System Hook Up Requirement Require future development to hook up to centralized potable water systems. Pehey Policy 6 .3.2: Planning for Facilities and the Demand of Growth and Development Plan for facilities including, but not limited to, potable water storage, treatment, and distribution facilities needed to meet the demand of projected growth and development and include them in the City's mater Supply Facilities York Plan (WISFWT). Policy 6.3.3: Maintaining Interlocal Agreements and Potable Water. Maintain interlocal agreements with the County and adjacent local governments to identify future potable water service areas and modify the WSF" when needed to accommodate added users. [ei'LPolicv_ 6.3.4: Wellfield Protection Standards. The City- shall continue to Mmaintain and update wellfield protection standards in the City's Land Development Code pursuant to FDEP regulations. Policy 6.3.5: Locating Future Wellfields and Saltwater Intrusion. Locate future wellfields away from the shoreline to protect against saltwater intrusion. Policy 6.3.6: Potable Water Withdrawal. Potable water withdrawal shall be pumped at an appropriate volume and rate to avoid saltwater intrusion and decreased aquifer levels. PeRey . f few p,/MU ,-ut __i4 4 G AffAl:f 112'�-c4 J1u'A pokey 6..3.&Policy 6.3.7: Water Transmission Facilities. Continue efforts to assess and upgrade water transmission facilities in areas experiencing low pressure conditions to ensure that an adequate water supply will exist during maximum daily demand periods to meet future growth. Adopted on Date V -15 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) Objective 6.4: Sanitary Sewer. Provide sufficient sanitary sewer treatment capacity affd effluent reuse and disposal methods to meet the demand projected by growth and development consistent with adopted water quality standards and the VSF" Policy 6.4.1: Future Development Connection Requirement and Wastewater Facilities and Reclaimed Water Require future development to connect to the public wastewater treatment r system and reclaimed water distribution systems. if available. (9J -5.012 (3) (c)13., F.A.C.] ':Policy 6.4.2: New Development or Substantial Redevelopment and Reclaimed Water Distribution System The City will require each new development or substantial redevelopment project to construct reclaimed water distribution system and whenever feasible to connect to the City's existing irrigation water supply system. However, the City may accept an alternative supply for irrigation water subject to review and approval by the City, including private systems. [9T -5.012 (3) 0-,113.. F.A.C.] Peliey 6.2.9iPolicy 6.4.3: Existing and Future Wastewater Treatment Facilities and Water Quality Standards The City- shall continue to Rrequire existing and future wastewater treatment facilities to meet or exceed adopted FDEP water quality standards. Policy 6.4.4: Maintaining Interlocal Agreements and Future Wastewater Service. Maintain interlocal agreements with the County and adjacent local governments to identify future wastewater service areas. Policy 6.4.5: Consistency of Wastewater Treatment Level -of- Service. The level -of- service for the provision of wastewater treatment in the coastal area shall be consistent with the -sSanitag sSewer :fSub-eElement of this Comprehensive Plan. roan ✓anty so as t3 mt —� cgrff Pehey 1C lcycl O� `_[ tCY" mtl 4 in fhe Ceas :,[Ll ai-,r " " a Area _ _ eotts vv ill: 'I fte :ii ll>c O..a:fi N -2006 n � n vi�arancczev���v -v- Adopted on Date V -16 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with ctrikethr = deletions) Pehey . d w rate h NT--,IL u FDEP, fRXX'i a � C b} Y�r��� li. ✓�� v��� ���.r :�c��c��� �a _a: I Q . r m&iiAgeffieftf sysfciv,3 ; hr.1 Lti da i 52 e��d Jam, pnef to di -.harms Obj etive 6 tvryA u »szr �c d3 t Pehey 6.6.4 - Policv 6.4.6: Hazardous Waste Evaluation. In cooperation with the County, a hazardous waste evaluation shall be undertaken for all known active and inactive solid waste disposal facilities and dump sites to determine possible contamination of ground and surface waters. Policy 6.4.7: Public Services and Facilities and Concurrency. The Citti- shall continue to make public services and facilities available concurrent with the impacts of development. In cases of phased development. the City shall determine when public facilities and services are necessary to maintain concurrencv. [91 -5.012 (3)(c)13._ F.A.C.] Pa�oy 6,6,2: lks he-,-el e f sei� -,4ee ` t,.iia,,..a f6 f s olid wft sfe s rk' s as ideft4ftcd w it��n toe Obiective 6.5: Stormwater Manaeement. `"'�w Will implement its Stomijivter Master Plana and coordinate stormwater management sv_ stems with Volusia County x6 L3 tc met Jq u3c to prevent degradation of coastal resources.. Policy 6.5.1: Untreated Direct Discbar ,-e of Stormwater Runoff. For new development_ the City shall prohibit the untreated direct discharge of stormwater runoff into Class II Waters. Policy 6.5.2: Discbarze from Stormwater Facilities and Water Quality Standards Discharge from Stormwater facilities shall not result in violation of adopted water auality standards. Policv 6.5.3: Desikn of Stormwater Management Systems. Stormwater management systems shall be designed to remove oil and suspended solids prior to discharge. Of difia .iz: - Na 2906 0 1� Adopted on Date V -17 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) Objeefive 6.7-Objective 6.6: Public Buildings. Ensure through capital improvement planning and site selection that public buildings meet the needs of population growth and are located, if possible, outside of areas susceptible to damage from storms or flooding. Peke6�Policy 6.6.1 Identifying Future School Sites in the Coastal Planning Area Cooperate with the Volusia County School Board in identifying future sites for school facilities within the Coastal Planning Area. Policy 6.6.2: Locating Future School Facilities. Locate future school facilities outside of areas susceptible to hurricane storm damage or areas prone to flooding. PekePolicv 6.6.3: Design of Future School Facilities. Future school facilities should be designed to be utilized as emergency and evacuation shelters. The City shall work with the Red Cross and the Volusia County School District in the identification and designation of school facilities as hurricane evacuation and emergency shelters. Policy 6.6.4: Law Enforcement and Law Enforcement Facilities. Provide for fire and law enforcement facilities commensurate with population growth and development in the Coastal Planning Area. Pehey 6..7.4:Policv_ 6.6.5: Locating New Fire and Law Enforcement Facilities. Locate new fire and law enforcement facilities outside of the areas susceptible to hurricane storm damage or flooding where feasible. Continue to update procedures as part of the Peacetime Emegenw Plan for emergenc fire and police protection and response. f9J -5.012 (3)(c)3.-. F.A.C.] PaHey Policy 6.6.6: Comprehensive Emergency Management Plan. Continue to update procedures as part of the Conp-ehensir�e Emergency Management pi Plan for emergency fire and police protection and response. 0 bj eefive 6..8!,R ec-reat en. The v-: th a iginti a ev fhaf „t: , x Zvi -.3 aiid &ei"es i 1; : -� � r 1 a4 Aa:x��"ag 11x&. P- e1iey-L.QJ:Th tG prcrz�dc Pehey . Rx: c :i:6 fl - nd : 1la " fie s+afed iii the we r - - r - Of difia .iz: -Na 2906 0 1 Adopted on Date V -18 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with `'tr = deletions) GOAL 7: INTERGOVERNMENTAL COORDINATION. Foster and encourage intergovernmental coordination in the Coastal Planning Area between Volusia County, the City of Edgewater, adjacent Local governments, Regional, State, and Federal government entities. Objective 7.1: Volusia County Coordination. 44ie- Cirw 3K:v 'C cCoordinate with Volusia County to maintain area -wide standards to protect coastal resources. Policy 7.1.1 Consistent Development Standards Ensure consistency between development standards adopted by Volusia County and the City. Policy 7.1.2: Identification and Protection of the Environmental System Corridors. The City= shall coordinate with Volusia County in the identification and protection of the environmental systems corridors to ensure the viability and continuation of the system. Policy 7.1.3: Florida Land Use Cover and Forms Classification System. The City shall cooperate with Volusia County in maintaining and updating the Florida Land Use Cover and Forms Classification System maps and database. Policy 7.1.4: Participating in Basin -wide Stormwater Management Programs and Studies The City shall coordinate and cooperate with Volusia County. FDEP. SJRWMD, and ECFRPC by participating in basin -wide stormwater management programs and studies. Objective 7.2: Land Use. Utilize Volusia County's Coastal Management Element land use plan as a guide in deciding issues of land use and zoning, the extension and provision of urban services, annexation, and the general location of environmental systems corridors in the Coastal Management Area. Policy 7.2.1: Impacts on Coastal Resources in Adjacent Local Governments. Applications for land use amendments, zoning, and development shall consider the impacts on coastal resources in adjacent local governments. Policy 7.2.2: Extension and Provision of Urban Services and Facilities. The extension and provision of urban services and facilities and the identification of future annexation areas shall be accomplished through the adoption of inter -local agreements or any other sufficient means as prescribed by law. Policy 7.2.3 Maintaining and Updating Land Use Information by Watershed. The City shall cooperate with the County in maintaining and updating land use information by watershed. Of difia .icc - Na 2906 0 1� Adopted on Date V -19 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions Text with ctrikethreug] = deletions) Of difia .iz:c -N o\ 29 0-1 Adopted on Date V -20 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with ctrikethreug] = deletions) #fat, V 1: "lun Water Water-shed B as i ns Of difia .iz: -Na 2906 0 1 Adopted on Date V -21 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with strikethreugI = deletions) 9 t:iz: _Na 2396 -0 1 Adopted on Date V -22 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with ctrikethreug] = deletions) Map V 2. L and Uses i Coastal nl,,... A re Of difia .iz: -Na 2906 0 1 Adopted on Date V -23 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with ctrikethreug] = deletions) Map \T 1: Watcr'Dzp-- cyn -it; Watzr R elated Us Of difia .iz: -Na 2906 0 1 Adopted on Date V -24 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with ctrikethreug] = deletions) Map V E: 'Natural iz ee3 ir: thZ !`..., n,.,....:n Are Of difia .iz: -Na 2906 0 1 Adopted on Date V -25 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with ctrikethreug] = deletions) Map V 6-; Coastal 100 Yc1 Fkxdplains Of difia .iz: -Na 2906 0 1 Adopted on Date V -26 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with ctrikethreug] = deletions) Alap V 72 Listed oic-3 ir. the- Eea3tal Hi i Hazard Are Of difia .iz: -Na 2906 0 1 Adopted on Date V -27 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with ctrikethr = deletions) Map V °: Strategic uraNt !`,....,.,.ryatio A r ca3 ir. th Coastal n,.,......in Area- Of difia :iz: -N \ 2906 0 1� Adopted on Date V -28 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with ctrikethreug] = deletions) AlapV : ui - rari 'ulrr7abiL ty -Z-effes Of difia .iz: -Na 2906 0 1 Adopted on Date V -29 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with ctrikethreug] = deletions) Alap V -10: PuW& Fa ea it the CQaatal Rhea Adopted on Date V -30 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions Map V 11: Evamatn-i R3ates Text with ctrikethr = deletions) Of difia .iz: - Na 2906 0 1� Adopted on Date V -31 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER V-5 COASTAL ELEMENT (Text with underline = additions — Text with ctrikethreug] = deletions) Map \' 12 T ffi Cir- ett o in the Ce atal Rxi riffgArea Of difia .iz: -Na 2906 0 1 Adopted on Date V -32 Ordinance No. Z3 z Q m 0 W - W - � a w w w 4 w LL d L � L 1 f�5 V u� 1 1 1. _> -� =a � � W a ZZ H X111 I s F uu LL d w L J C 0 0 0 0 z m o N w Q z ? z w < a w w ° z� wo —z 0 ¢ z LU j C Z W-, �� a _ J emu, o o w i w w z m ✓ • IL Y yJ Y d a — a, x Y a}py_ ti I S MM Y' t f1 xci C Q JX LL J = (� o r = w �w3 Z3 w - cQ y b � � m Q) 2 LL O � 2 16 A ll �c \ ! ) :}2 «§ e : \ \! \\jj (k� \ j ) % �2 )«: )}2: } }[a :mml »!2" 0 )§ / /§ ;$!l2m;»!!!m$W %t 2 ;! � \ / ! \fW -2,3 $ \) ):/ )! 2 ) ):tlm2:» \) ,:22§22 » : )/ \${3///::m!/ »!�2/§ W __- . < §() \ \\ /\\ . .. §\\\\�jjj\\\ //� \ > /�/ X111 I s OC W W W d L w = j >g o 0 0 x 0 � a 0 � � O N 0 LL o z n s z Q ) V LLI a$ a LL w� J C 0 0 0 0 z m o� N o a O � � N � y i s L Q� d, _ ZZM I� 1 LU uu F w LL a w Z3 J C �s w 3 F q N 11 O zG] O N z a w= a �a Q � N T N m `z X111 I s F uu a LL w L J C 0 0 0 0 z m o N cn LU 0 z a o 4 Q N ] U a W zzz X111 I s F uu a LL w Z3 J C 0 0 0 0 z m o N a w o - ~ zzz z CITY OF EDGEWATER COMPREHENSIVE PLAN CONSERVATION ELEMENT GOALS, OBJECTIVES, AND POLICIES CHAPTER VI CITY OF EDGEWATER CHAPTER VI§ COMPREHENSIVE PLA CONSERVATION ELEMENT (Text with underline = additions — Text with `'tr = deletions) A. 1NTROOUCTION ................................................................................ ..............................1 1 . 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Objective 1.1: Water Resources. T appropriately use, and protect the quality and quantity of the City's surface and groundwater resources. f9J -5.013 (2)(b)2._ F.A.C.] Policy 1.1.1: W ellf eld Protection Areas The City shall continue to enforce wellfield protection regulations around municipal wellfield sites pursuant to FDEP regulation and the Volusia County Wellhead Protection Ordinance. (9J- 5.013 (2)(c)1._ F.A.C.] Policy 1.1.2: Connecting to Wastewater Reuse System. <zY i� is -ffasfewate A—u3c lz g u» L-y &3 Ka S�xi3 L— �� The Citv will continue encouraging residents to connect to the wastewater reuse sv_ stem to utilize as much available reclaimed water as possible. Policy 1.1.3: Native Species and Xeriscape Technology. The City shall continue to 13 encourage the use of native species and xeriscape technology. Policy 1.1.4 Potable Water Supply Contamination The City shall ensure a potable water supply that is protected from contamination and of the highest quality available by continuing to utilize adequate water treatment which meets, at a minimum, all Federal and State drinking water criteria (Chapter 17 -22, F.A.C.) and through the maintenance of distribution systems. f9J -5.013 (2)(c)6.. F.A.C.] Policy 1.1.5: Collection and Disposal of Hazardous Wastes. The City will support any sState efforts to collect and dispose of small quantities of hazardous wastes through such programs as the Amnesty Days Program. f91-5.013 (2)(c)10.. F.A.C.] Policy 1.1.6: Water Conservation Practices. The City will continue its program to reduce per capita consumption through conservation measures to provide Adopted on Date V1 - 1 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions — Text with s triket hreu gI 4 = deletions) capacity to serve additional customers. The City's water conservation practices include the following: f9J -5.013 (2)(c)L_ F.A.C.] • Building code requirements for low water volume fixtures in new construction; • Continuation of City program and participation in the Water Authority of Volusia's (WAV) program for public outreach and education; • Continuation of an active program to encourage the use of low volume toilets; • Meter calibration program for master meters; • Maintenance of the distribution system; • Performing water audits to identify system losses; • Landscape water conservation regulations that provide landscape and irrigation standards; • Adoption of regulations that require installation of water- saving plumbing devices; • Consideration of regulations that override green lawn deed restrictions; • Implementation of incentive programs to replace inefficient landscapes, plumbing devices, and appliances; • Implementation of a program that provides indoor water audits and leak detection and irrigation system audits; • Promoting and encouraging the use of low impact development (LID) techniques and • Continue to implement and promote the City's current Vater Conservation Rate Structure Ordinance. Policv 1.1.7: Emergency Water Conservation Proilram. The City shall utilize its emergencv water conservation program should a water shortage develop as well as determine possible alternative water sources: enforcement shall be implemented in tandem with the St. Johns River Water Management District (SJRWMD). In coordination with Volusia County and the Sf. �iql-Ats P. vcr WGtzr T,:..' ief SJRWMD the Citv shall maintain minimum standards for water conservation during- normal times. f9J -5.013 (2)(c)4.. F.A.C.] Policv 1.1.8: Promoting Low Impact Development Techniques. The City shall promote the use of Lc; w I pact LID techniques which mimic a site's pre - development and hydrologic condition. These techniques will address infiltration_ attenuation. and treatment needs of each specific Adopted on Date VI - 2 Ordinance No. CITY OF EDGEWATER CHAPTER VI§ COMPREHENSIVE PLAN CONSERVATION ELEMENT (Text with underline = additions -- Text with s triket hreu gI 4 = deletions) site. Imow lffipftef Betmelopffiei-Al ID works with nature to manage stormwater as close to its source as possible. with an emphasis on cost - effective strategies at the lot level. Lew 1wgaet Develapffieft+ and employs principles such as preserving and recreatin natural landscape features, minimizing effective imperviousness to create functional and appealing site drainage that treat stormwater as a resource rather than a waste product. LID_,_r,� ltnpaef Develepffie practices include. but are not limited to, bioretention facilities. rain gardens. vegetated rooftops. grass swales. rain barrels. permeable pavements. or the replication of predevelopment hydrology. By implementing Low lffipaef Deve4opffieflAthese principles and practices. water can be managed in a way that reduces the impact of built areas and promotes the natural movement of water within an ecosystem or watershed. Policv 1.1.9 Promoting Green Buildinz Techniques The Citv shall promote "green building" techniques that reduce and ultimately eliminate the impacts of buildings on the environment and human health, take advantage of renewable resources. and 4te-reduce rainwater run -off to protect minerals, soils and vegetation. Policy 1.1.10: Water Supply Facilities Work Plan. Edvewater's Wlater SuOly Facilities Vork Plan 4 'aj )(VSFWIP )-shall assess existing and projected water sources and needs for at least a 10 -year planning period and consider the Regional WlaterSubbly Plan of the-R. JoL= SJRWMD. The T"'w WISTVIP will also identify traditional and alternative water supply sources. including water conservation efforts. which the Citv may use to reduce or satisfy existing and projected water demands. Policv 1.1.11 Water Conservation and WISFW P -W6 n . The Citv will continue to implement the water conserv efforts iden tified in the WSFWP P4yft .-These efforts will include concentrating on outreach and education as well as irrigation system modifications and indoor plumbing retrofits. Objective 1.2: Indian River /Mosquito Laiyoon. Ensure there is no degradation of the environmental quality of the Indian River /Mosquito Lagoon estuary. 41-,c crrvir)C/.irncrnt e�y z'iu 1 Ix, 3cg lee.[9J -5.013 (2) (A)2. and (2)(b)4.. F.A.C.] Policy 1.2.1: Enforcing Stormwater Management and Shoreline Protection Ordinances The City shall continue to enforce its existing stormwater management and shoreline protection ordinances. Policy 1.2.2: Reducing Excess Runoff and Potential Pollutants. B July 2992 The City shall continue to unplement athe public education program on the use Adopted on Date VI - 3 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions -- Text with `'tr = deletions) of proper fertilization, pesticide, and herbicide application to landscaping (especially for shoreline property owners) to reduce excess runoff of these potential pollutants. Policy 1.2.3: Protection o f Rare, Endangered, awd-Threatened Wildlife and Species of Special Concern. The City shall continue to require, as part of the Development Review Process, that prior to development approval, proposed development will be required to coordinate with all appropriate agencies and comply with the U.S. Fish and Wildlife Service and the Florida Fish and Wildlife Conservation Commission rules as well as other applicable Federal and State laws regarding protection of rare, endangered, and threatened wildlife. f9J -5.013 (2)(()5._ F.A.C.I. Policy 1.2.4: Septic Tank Leachate. The City will continue to encourage and coordinate efforts by the FDEP and Volusia County to vigorously monitor the health and environmental risks associated with septic tank leachate. Policy 1.2.5: Compliance with Effluent Standards. The City will ensure that its wastewater treatment plant and collection facilities are in good repair and will continue to monitor its wastewater treatment plant effluent to ensure compliance with effluent standards set by the State. Policy 1.2.6: Indian River /Mosquito Lagoon Protection. The City shall encourage and participate in intergovernmental management efforts to protect, enhance and improve the quality of the Indian River /Mosquito Lagoon. Policy 1.2.7: Preserving Natural Scenic Views. The City shall continue to enforce regulations within the Land Development Code to provide, enhance, and preserve natural scenic views of the estuary and its waters. [91-5.013 (2)(c)6._ F.A.C.] Policy 1.2.8: Mangrove and Spoil Islands and the Indian River /Mosquito Lagoon. The City shall support designation of the mangrove and spoil islands located within the Indian River /Mosquito Lagoon estuary as conservation areas, with development prohibited on these islands. f9J -5.013 (2) (c)3. and (2) (c)6._ F.A.C.] Objective 1.3: Protection o f Environmentally Sensitive Areas. Te- pErotect and manage all ecological communities, fisheries, and wildlife especially rare endangered-ftffl, threatened species and species of special concern„ r9J -5.013 (2)(b)3._ F.A.C.] Policy 1.3.1: Preserving the Turnbull Hammock. The City shall cooperate with adjoining jurisdictions and the SJRWMD to preserve the portion of the Adopted on Date VI - 4 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions — Text with `'tr = deletions) environmentally sensitive Turnbull Hammock immediately adjacent to the western City limit through coordination with the County's land acquisition program. Policy 1.3.2: Threatened, Endangered, and Rare Species. The City shall assist in the application of and compliance with all State and Federal regulations, which pertain to threatened, endangered, and rare species. f9J -5.013 (2)(c)5._, F.A.C.] Policy 1.3.3: Adverse Impact to any Endangered or Rare Species. The City shall consult with the Florida Fish and Wildlife Conservation Commission prior to the issuance of a development approval that would result in an adverse impact to any endangered or rare species. f9J -5.013 (2) (c) 5._ F.A.C.] Policy 1.3.4: Protecting Endangered and Rare Species and Environmentally Sensitive Lands. The City shall continue to protect endangered and rare species and environmentally sensitive lands through the implementation of its Sensitive Habitat Area regulations within the Land Development Code primarily by restrictions in development orders, as well as other measures. f91-5.013 (2)(c)5._ F.A.C.] Policy 1.3.5: Regulating Boating Impacts on the Indian River. The City shall regulate boating impacts on the Indian River pursuant to Phase II, the Boat Facility Siting, component of the Manatee Protection Plan for Volusia County as adopted by the City on August 1, 2005. (9J -5.013 (2)(c)5.. F.A.C.] Policy 1.3.6: Motorized Boat Slips. The City shall implement the "slip aggregation" option referenced in the Volusia County Manatee Protection Plan. The aggregated number of motorized boat slips to be constructed within the City is 418 and is based upon data and research contained in the Manatee Protection Plan for Volusia County. Policy 1.3.7: Motorized Boat Slip and Single family Residential Lots. Single - Family residential lots with Indian River frontage shall not be denied their riparian rights to construct a minimum of etie -(4) two (2) motorized boat slips per lot. Policy 1.3.8: Multi -slip Facilities and Aggregation of Slips. The City shall encourage shared, multi -slip facilities and aggregation of slips during development and redevelopment, including single - family lots of record. Adopted on Date VI - 5 Ordinance No. CITY OF EDGEWATER CHAPTER VI§ COMPREHENSIVE PLAN CONSERVATION ELEMENT (Text with underline = additions — Text with strikethreugI = deletions) Policy 1.3.9: Marina Development /Redevelopment and the Manatee Protection Plan. Any marina development /redevelopment shall be consistent with the Manatee Protection Plan for Volusia County. Policy 1.3.10: Manatee Protection. The City- shall monitor the protection policies pursuant to the Manatee Protection Plan for Volusia County. f91-5.013 (2) (c) 5., F.A.C.] Policv 1.3.11: Development in Habitat Areas. Development in habitat areas listed by the State of Florida and the U.S. Fish and Wildlife Service as Endangered, Threatened or Species of Special Concern shall not adversely impact the listed species. The Citv's Land Development Code shall also encourage secondary linkage to nearbv wildlife corridors. e bv any approved artificial means. if no natural means are available: construction of new corridors should be considered as a form of mitigation where appropriate. f91-5.013 (2)(c)5.. F.A.C.] Policv 1.3.12: Environmental Impact Study Requirement. The Citv's Land Development Code shall require an environmental impact study to be submitted and reviewed prior to the issuance of a development order for areas that contain listed species or native wetlands as identified by this Element._ and for any area within the Conservation Overlay District. The study shall be used to determine compliance with this Objective. The study_ must address the methodology used. [9] -5.013 (2)(c)5.. F.A.C.] Policv 1.3.13: Maintainini Existinz Natural Reservations. The Citv will cooperate with the State of Florida and the Federal Government to maintain the existing natural reservations in the State -owned preservation areas identified in the Recreation and Open SpaceEkmentof this Plan. f9J -5.013 (2) (c)7.. F.A.C.] Pehey :Policy 1.3.14: ManaZement of Unique Vegetative Communities. The management of unique vegetative communities that cross Ed borders will be coordinated with adjacent local governments including but not limited to. Volusia County. the Florida Department of Environmental Protection. the Florida Fish and Wildlife Conservation Commission. a1z1&the Citv of New Smyrna Beach and the City of Oak Hill when boundaries warrant. Coordination activities may include. but not necessarily be limited to. interlocal agreements. public meetings. staff interaction. written notifications. and joint committees. f9J -5.013 (2)(c)$.. F.A.C.] Objective 1.4: 100 -Year Floodplain Protection. _ pProtect the natural function and values of the 100 -year floodplain. [9] -5.013 (2) (b)3.. F.A.C.] Adopted on Date VI - 6 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions - Text with `'tr = deletions) Policy 1.4.1: Implementing Floodplain Management Regulations. The City shall continue to implement its floodplain management regulations contained within the Land Development Code. f9J - 5.013 (2) (c)6._ F.A.C.] Policy 1.4.2: 100 -year Floodplain and Priority of Conservation Areas. The 100 -year floodplain shall be given high priority in the selection of conservation areas within the City and for public acquisition of lands for conservation and recreational purposes. Objective 1.5: Air Oualitv. The r sh-- ' Maintain and enhance air quality. (9) - 5.013 (2) (b) L. F.A.C.] Policy 1.5.1 New Commercial and Mixed -use Development and Bicycle Storage Facilities. By J2002December 2014. the City shall determine whether or not to amend 4�the Land Development Code to require new commercial and mixed -use development to install bicycle storage facilities. �. 1 t 2002 th e r ', ) t - iaesideff6ffl ar�a3 edtteff+iottH Q Pehey 3-Policv 1.5.2: Enforcing the Tree Protection Ordinance. The City shall continue to enforce its tree protection ordinance to maintain natural vegetative filters for air pollution. f9J -5.013 (2)(c)3._ F.A.C.] Policv 1.5.3: Minimizing Blowing Dust and Construction Sites. The City- shall maintain in its Land Development Code reauirements that construction sites use techniques to minimize blowing dust. Policv 1.5.4 Automobile Emission Pollution The Citv shall continue to reduce the potential for automobile emission pollution by: • 4-. Rrequiring vegetative buffers strips. walls and /or berms between roadways and new developments: • 2. -hestablishing additional bikepaths /walkway_ s so as to promote the reduction in use of automobiles: and • -3. l?promoteing glanned unit development or mixed use tyge of land use. where feasible. Policy 1.5.5 Open Burnink. The City shall discourage open burning due to its adverse impacts on air quality. v e -,4 .:..ii 3 016 Adopted on Date VI - 7 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions — Text with `'tr = deletions) Policv 1.5.6: Alternative Eneriyv Resources. The Citv shall encouraLe the use of alternative energy resources that do not degrade air quality. Objective 1.6: Natural Functions of Wetlands. T _it, ____ _________ pProtectand conserve the natural functions of wetlands and direct incompatible uses away from wetland areas. 5.013 (2)(b)2.. F.A.C.] Policy 1.6.1: Protecting the Natural Function of Wetlands. The City will continue to protect the natural functions of wetlands through the Conservation Overlay on the Future Land Use Map (FLUM) and the Conservation Land Use Category, as defined in the Future Land Use Element. (FLUE) 19J-5.013 (2) (()3. and (2)(66._ F.A.C.] Policy 1.6.2: Upland Buffer Requirement. A minimum 25 -foot upland buffer will be required from the wetland boundaries in the City. [9J -5.013 (2)(c)3.. F.A.C.] Policy 1.6.3: Dedication of Conservation Easements. Wetlands and respective buffer areas must be dedicated to the City via a conservation easement. f9J -5.013 (2)(c)3.. F.A.C.] Policy 1.6.4: Incorporating Isolated Wetlands into Development Projects. Existing isolated wetlands may be incorporated into development projects provided the wetlands remain undisturbed and their natural functions are not impaired. f9J -5.013 (2)(c)3. and (2)(c)6.. F.A.C.] Policy 1.6.5: Wetlands Mitigation Measures. If direct impact upon wetlands by incompatible uses cannot be avoided, the following mitigations measures are applicable: • Mitigation will be allowed based upon no net loss of wetlands functions. • Comply with the wetland protection standards of Federal, State, Regional, and County agencies. Minimize impacts through innovative design layouts. • Compensate for the impact by enhancing other degraded wetlands on -site, restore natural functions of other wetlands on -site, create new wetlands on -site, preserve significant upland areas, or off -site mitigation. Adopted on Date VI - 8 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions — Text with s triket hreu gI 4 = deletions) • A Wetland Alteration Permit must be obtained from the City unless Federal, State, or County permits eliminate the need to obtain one from the City, as determined by the City. • Mitigation through restoration of degraded wetlands on -site or preservation of significant upland areas on -site will be encouraged rather than wetland creation. L9J -5.013 (2) (c)3.. F.A.C.] Policy 1.6.6: Incorporating Stormwater Management Systems as Detention Facilities. The City shall encourage the incorporation of natural drainage ways and isolated forested wetlands into stormwater management systems as detention facilities, to avoid the filling and excavation of wetlands. f91 -5.013 (2) (c) 3. and (2) (() 6.. F.A. C.] Objective 1.7: Hazardous Waste Manawment. ''"'�w continue to reduce its levels of hazardous wastes in accordance with the provisions stipulated by the State's Solid 1Vaste Management Act and will coordinate these activities on a Citv. Countv. and regionwide basis. Policv 1.7.1 Treatment and Disposal ofHazardous Wastes The Citv will continue to coordinate with the Volusia Count, Department of Solid Waste and the Volusia County Pollution Prevention Program concerning the proper storage. recycling. collection. and disposal of hazardous wastes. L9J -5.013 (2)(c) 10.. E.A.C.] Policv 1.7.2: Educatinz the Public and Hazardous Wastes. The City shall educate the general public in the planning area about hazardous waste through the use of mail outs in utility bills and public participation programs. I otio 1.6-.-7-Policv 1.7.3: Hazardous Waste Generators. Reauire all hazardous waste _generators within the Citv limits to participate in recycling and waste disposal programs. f91-5.013 (2)(c)10.- F.A.C.] Objective 1.8: Inventory of Natural Resources. Inventorv, and classifv, natural resources (including sinkholes. wetlands and floodplains) as properties are annexed to the Citv. Policy 1.8.1: Natural and Man - made Retention Ponds. The Citv will identifv natural and man -made retention ponds for possible use as urban ecological nature preserves. passive narks. or oven spaces. Policv 1.8.2: Conservation Lands and Volusia County. In cases where land has been designated on the County's 44twtv 1nd&4 6ye 44qp FLUM (series) as Conservation. the Citv will continue to apply development restrictions as the properties are annexed to the City. 19J -5.013 (2)(c)3. and (2)(c19.. F.A.C.] Adopted on Date VI - 9 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions — Text with ctrikethreugl! = deletions) Policy 1.8.3: Native Vegetative Communities and Conservation Land Use Designation. The Citv shall designate on the -gin FLUM as Conservation anv native vegetative communities that are identified or annexed into the Citv limits: and shall classify them as "environmentallv sensitive lands ". Development shall be restricted and minim setback criteria established and enforced. [9J -5.013 (2)(c)9.. F.A.C.] Objective 1.9: Reducing Energy Requirements. Enhancie conservation and efficiencv measures to reduce energy requirements. . [9J- 5.013(2)(h)(5). F.A.C.] Policv 1.9.1: Energy Conservation Measures. The Citv shall conduct energy audits, monitor enerQ use. and implement cost- effective energy conservation measures in all public buildings. [Chapter 163.3177(6)(4). F.S.] Policv 1.9.2: Promote the Use of Energy Saving. The Citv shall continue to reduce levels of all air - conditioning. heating and lighting systems during non - business hours. and promote the use of energy saving features in all government buildings. [Chapter 163,3177(6)(d). F.S.] FekePolicv 1.9.3: Energy Efficient Construction and Operation. Local codes and ordinances shall be reviewed and revised by December 2014 to prevent handicapping of se -fts fe "o h&ii1 - & p Implementation of energy efficient construction and ogeration. [Chapter 163.3177(6)(4). F.S.] Adopted on Date VI - 10 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions — Text with `'tr = deletions) Agajp � ! 12— Ale-aqu:t3 �.a �v: OF �a� ��ut es Adopted on Date VI - 11 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions — Text with `'tr = deletions) -Agap � ! a I.z�laii Gassifieations Adopted on Date V1 - 12 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions — Text with `'tr = deletions) -Agap ZW 1 4—Shelifi ylr NaZv ng G ✓edz is Adopted on Date V1 - 13 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions -AgaF - N , -! ! -;-4w yZar rat wjp! &»ti CHAPTER VI§ CONSERVATION ELEMENT Text with `'tr = deletions) Adopted on Date V1 - 14 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions — Text with `'tr = deletions) AZap VI '1 r- &harge- Areas in Volusia County Adopted on Date V1 - 15 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions Af,xF V! 17. Wetland Areas CHAPTER VI§ CONSERVATION ELEMENT Text with `'tr = deletions) Adopted on Date VI - 16 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions — Text with `'tr = deletions) -Agap ZW U/ Sol t-gr, Habitat Geft.....__,..ie Areas Adopted on Date VI - 17 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions Agajp � ! 1:�-�zwat:.z--SeRs A4p CHAPTER VI§ CONSERVATION ELEMENT Text with `'tr = deletions) Adopted on Date VI - 18 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VI§ CONSERVATION ELEMENT (Text with underline = additions — Text with `'tr = deletions) Agap � ! 2C/ ✓p«k Sails udtabUk� Adopted on Date VI - 19 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions gap V! 21:- }g: gut: r T✓ n pp .y CHAPTER VI§ CONSERVATION ELEMENT Text with `'tr = deletions) Adopted on Date VI - 20 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions -Agap � ! 2 -21 Mf�fl CHAPTER VI§ CONSERVATION ELEMENT Text with `'tr = deletions) Adopted on Date V1 - 21 Ordinance No. w LLI Q 0 0 � � � - � ) LO � �. i � b _ � - � m Q q .-7 z ID a ° W cli w d �? z W a� aw Q w o W Co ] F 0 t; �C7 O p M m y O p� Q N f L J / w O] W IC) co W 0� Q �co U U a pU��)} Q vJ � y i a J co Pa z m z z Q Q w E H .N E- a o w n w za x a zzzzz� ° o N� NN f 0 � Q 0 CD 0 o� ¢= q q E- .� �,� H, � w o M El. c Q Ft, 00 O O O W Q4 ¢¢ ¢ UN VN Uz w a w w a a v wN M1 S v _ z Q w W 0 N_ 0 0 b �i X111 I s OC W W LL. d Z3 4 J � a - o - O n OJ o a � - w T ° o �1 Af ir ry V W LL V nWl: a 1 tip r t a L U] O Q � J N � ° c L U C 3 m O i LLI w J (� JX o ar`�J W J W W +' Z Lu W z Z3 �C� i z l _ _ Q a p W W O O 2 O w W W _ y W `c o W w ¢ f W w m o p W W D p H H x p a p p U p o u, x p o o y x J p p p _ Q p o Q x ❑ p p x x p p x a p x x p Q ¢ x Y ~ W m m N y N z- x y. a f, 2N W NYp m u 7 [Y]a?w w W N e w w g x a S W -' N= x w? w w= m v= d" x x x LL LL xxNLL yx�w Nmmmx�w =��aJ$4 -LLaaz: zEE ma �� --- W xx x mmar r za <`-' a= 400== N Q J - aa ¢ o aw = w w o Jw W � o `rW W N rl,m J mm ==x 01000010011001011000000011000 - = H ¢ o z W Waw 0 o�amoa u, o Foo z o �o -awe+° d y p w W m ¢ d. w w ur �No m ;o '< w o _,p G ,u m p p O LL Q ° O p a¢. m z } pp¢ddz =i ¢yN¢�xxxa y y H a z v" w"" a o F 2 w w w" LL LL a w ? 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Futux Open p---x ......................................................................... ............................... n. J. ,.O. . , O,.J�.0 � I� �� T rrc �u u 10 POLI n r rc u� ......................................... ............................... 2 Adopted on Date VII -ii Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER VII-7 RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with s triket hreu gI 4 = deletions) L 4ST OF T ABLES -T l zVII 1: of L- Reer..,.f:e)"a F e t. 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Pu-k, .................................................................. .............................25 ,\Iaf, VII 1: TLzrc,Azcu; �x Ncv,-Puk - 3 ...................................................................... .............................2' Adopted on Date VII -iii Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER 7V I I RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with s triket hreu gI 4 = deletions) CHAPTER VII RECREATION AND OPEN SPACE ELEMENT GOAL, OBTECTIVES; AND POLICIES A. GOALS, OBJECTIVES AND POLICIES GOAL 1: Provide sufficient recreational parks, facilities, and open space areas to meet the needs of the community and its visitors that satisfies the health, safety, and welfare of all. This includes all groups such as handicapped, elderly, and pre- school age children. Objective 1.1: Level of Service. 4�&-e Ensure adequate lands are provided for public parks and recreational facilities, the City shall utilize level -of- service OS standards and other criteria specific to population, park size and location. Policy 1.1.1: Parks Level of Service Standard. The 'e - -e' of see = _ e. LOS standard for parks within Edgewater shall be as follows: • Overall Parkland: Five acres per 1,000 residents. This standard includes both passive open space and developed park areas. L1Ak - 3: T - ee aff rev 1 , 000 r - es i ffifs_ Policy 1.1.2 Location and Need for Parkk+nd-ss. The City o f E w . t—er shall utilize the following criteria for determining the location and need for parklands: • Regional Park — Large resource based area that serves two or more communities or counties and is usually located within a thirty (30) to sixty (60)- minute driving distance of the residents they serve. Suggested park size is 250 acres minimum, or 20 acres per 1,000 population served. • Community Park - A facility designed to serve the needs of more than one neighborhood. This facility type shall serve a minimum of 8,000 City residents and is located no greater than three (3) miles from those residents. The suggested minimum size of any new community parks is five (5) acres. • Neighborhood Park - A facility that serves an entire neighborhood or area with a minimum of 2,000 city residents and is located no greater than three -€ems quarters (3/4) of a mile from those residents. The suggested minimum size of a neighborhood park is two (2) acres. Adopted on Date VII -1 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER 7VII RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with s tF i ket hF eugI 4 = deletions) oAtini Park S� s vi 500 to 4,009 i5c d -mot A fftii4 .num :rzt --ef �xxc half (1/2) u;v- r1Nne pftr4t is reeeffim -c mod. �lzv; 1.1.✓ h oa f Fidgz� c ter »�11 n u::u aw l Y ��llc ��1� ` P'e1ijy 1.1.1:Policv 1.1.3: Recreational Facilities Population Guidelines. The City shall Rpt9ly utilize the following leve -4 o f tic standards as a guide for recreation facilities: Facility I Standard per 1,000 Population Activities Center 1/15,000 Baseball/ Softball 1/4,000 Basketball Courts 1/ 5,000 Bicycle /Pedestrian Path 1 mile /4,000 Boat Ramps 1/4,700 Bocci Ball 1/ 10,000 Community Center 1/30,000 Fitness Trails 1/14,000 Gymnasium N/A Multi- purpose /Soccer 1/4,000 Racquetball /Handball 1/4,000 Shuffleboard 1/1,500 Tennis Courts 1/3,500 Volleyball 1/ 5,000 Objective 1.2: Population Needs. T4te -Gitr-&f mac car JulM pProvide a system of parks and recreation facilities meeting the needs of the population by X32030 �1�:�►y 1.�.1i B D��x » >L����Cit - y :�u�ll ��it� ��.1.r�t� ��Y:.� `�1 �z:�i°�u�� is wli5� i x- 11�:�� 1.2�� BJ �1\1I�>�lr 2 .: ,� r.��l ti the z`€ees. -l�ti� �` ff ett rizettf ttseiz fees, teg " fees, fttt f to o l � ru��� Vie: &t y Zlk - 3 r- 7�d ptti and Adopted on Date VII -2 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER 7VII RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with crr @ugI = deletions) Pehey 4.2.3-Policv 1.2.1: Preserving and Maintaining Existing Park and Recreation Facilities. Preserve and maintain existing parks and recreation facilities through the use of adequate operating budgets and proper management techniques. 1lai�►y 1.2.1:Policv 1.2.2 Meeting the Adopted Level of Service Standard The City will meet the adopted level -a xllvti* LOS standards for recreational facilities of 5 acres of parks tier 1.000 residents. 1rt72IL 1.2.5 juA. - - -_, the --- . -'- -- a -.._tiZ �A(L law lr_ lZch cal �Xl T Lac VII 6, Objective 1.3: Protection of Open Spaces. Protect existing City lands designated as open space from incompatible land uses and pursue acquisition of additional needed open space based on level -of- service standards. Policy 1.3.1: Protecting Designated Open Spaces. BJ Dcrcownb r 2942— City e€ Egewff eiz-- shall continue to enforceadep the standards witkin 4- , establis hed in the Land Development Code e ardin the protection of designated open spaces. These standards shall be used to review proposed development in and adjacent to designated open space areas. Policy 1.3.2: Acquiring Open Space and the Indian River. B} Dec »ter 239 The City of Edgv.-a+efshall continue Ito acquire a minimum of 1 acre of open space area located on the Indian River and listed this project on the table of proposed open space acquisitions. Objective 1.4: Multi -modal Facilities. Ensure Aall public recreation facilities shall have operational automobile, bicycle, and pedestrian access facilities. Policy 1.4.1: Evaluating Needed Parking Spaces and Bicycle Racks. By December 2014. Tthe City of Edg v. atef shall evaluate the amount of pfe-,4de parking spaces needed at parks, where feasible, and bicycle racks needed at all recreational sites 17} July 2304 to determine the number of facilities needed to support the existing needs and future (2030) 9opulation„ This inventory shall be u9dated annually so developers of projects near recreational facilities are presented with opportunities to help the City provide these facilities. Policy 1.4.2: Design of New Public Parks and Facilities. New public parks and facilities shall be designed and constructed with access -ways which are Adopted on Date VII -3 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER 7VII RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with s tril( ethreu gI 4 = deletions) compatible with the character and quality of natural resources found on site. Peli 1.1.3:N w &1�td and ml rni p with sepaft-,v Kcycic &� &oc . Policv 1.4.3: Maintaining and Updating the Bicycle /Pedestrian Master Plan. B- D_\ The City o f Ea f shall eoffirle+e— continue to maintain and update the Cit 's a--bBicgcleL —mil pfedestrian -hw� Masterp2lan for the entire City. At a minimum, this 4 ttdy Plan shall identify the existing and proposed Gfy-ffaii- pedestrian and bicycle resources in. the City., - g a pl�Y rd mil sys+effis-r The City shall coordinate with the City of New Smyrna Beach, the City of Oak Hill and Volusia County -, to identify potential trailheads and destinations and provide a prioritized list of future improvements. Objective 1.5: Facility Accessibility. Ensure -Aall new public parks and recreational facilities shall be developed to provide full accessibility to the handicapped, elderly, and youth. Policy 1.5.1: Handicap Parking Spaces and New Parks and Recreational Facilities. The City of Ea afe shall provide handicapped parking spaces pursuant to the requirements provided in the Land Development Code and barrier -free access to all new public parks and recreation facilities that will contain parking. Policv 1.5.2: Design of Public Recreation Facilities. All public recreation facilities shall be designed as barrier -free as possible to accommodate accessibility by the elderly and handicapped. Policv 1.5.3: Rights - way or Easements and Access to Parks. The Citv shall acquire and develop rights -of -way or easements for access to parks and facilities which are determined to be needed. Policv 1.5.4: Design of Pedestrian Access Ways. Pedestrian access ways, to the maximum extent possible- shall be designed to accommodate people with disabilities. Objective 1.6: Public Waterways Accessibility. The Gify of Edgewafeia shal4 _ iIncrease the accessibility to public waterways, particularly the Indian River. Policy 1.6.1: Securing Access Points to an-&Lthe Intracoastal Waterway. The City of Edge -H +er shall attempt to secure additional access points along the Adopted on Date VII -4 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER 7VII RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with s = deletions) Intracoastal Waterway through the most economical methods; grants, impact fees, and general revenues. Policv 1.6.2: Access Points to the Indian River. Access points to the Indian River shall be featured on the Open Space Parks Map of this Element to ensure the grotection of these areas. Policv 1.6.3: Purchasing of Land for Water Access. The CitN shall coordinate with the Citv of New Smvrna Beach and /or Oak Hill to coordinate the purchasing of land for water access. Policy 1.6.4: Purchasing Property between Riverside Drive and U.S. Hi gbwa 1. By December 2014. the City shall coordinate efforts to gurchase property between Riverside Drive and U.S. 14ig4wfty 1 to increase downtown narking so that the residents and visitors of Edgewater can further access the Indian River. Policy 1.6.5: Informing the Public and Available Parking Areas and Access Points. The City shall continue to inform the public of the available parking areas and access goints with items such as mans and signs to increase the accessibility of the Indian River. 11�:�► 1.f �B D:�1» »'ter 39✓, , t 'City :1u3l c �� 1iY.l Lv t ru l L ..no --_ ft eeess (4 ,.aa. s-xxil eii the iii4aeo n5 0- al Waiefwa-e. t� krt - y c k r n d cim -0c went ti» t Objective 1.7: New Facility Safety. Ensure Nnew public parks and recreational facilities shall be developed to include safety provisions fitfff wi4l to reduce the risk of injure by accidents. Policy 1.7.1: Installation of Lighting, Rails, Fences, and Information Signage. Lighting, rails, fences, and information signage shall be installed at all new public parks and recreation facilities as needed. Policy 1.7.2: Design of New Public Parks and Recreation Facilities. All new parks and recreation facilities shall be designed so that children's play areas are at least 100 ft. from vehicular access points or are separated by a fence. Adopted on Date VII -5 Ordinance No. CITY OF EDGEWATER CHAPTER 7VII COMPREHENSIVE PLAN RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with crrikethr = deletions) Objective 1.8: Intergovernmental and Private Organizations Coordination. Coordinate and improve efforts with all levels of government, public agencies, and the private sector to provide recreational opportunities. Policy 1.8.1 Golf Course Facilities The City shall coordinate with any developers of a golf course within the City limits to provide golf facilities to the public. a.f, .,, ,,, L. L. 7 n Policy 1.8.2: Providing ���° °, r �e;e� °, er- Gemmunity Parks. By December 20022014 the City of Rd afe shall amend its Land Development Code to require all new residential subdivisions to provide u lrik3, ii; 1-;111 good pm 7h o� sparks based on the adepted s arza 3 ',ff�afds recommended guidelines established in Policy 1.1.4 of this Elevieyat for each park and the projected population and size of the proposed development. Policy 1.8.3: Maintaining Interlocal Relationships and Agreements. Maintain existing relationships and interlocal agreements between the City of Edgewater Leisure Services Volusia County School Board, Volusia County Recreation Department, and the New Smyrna Beach Recreation Department, Policy 1.8.4: Public Input on Parks and Recreation Issues. Continue to utilize public input on parks and recreation issues and help coordinate public and private efforts to provide recreational opportunities through the City of Edgewater Parks and Recreation Advisory Board. Policy 1.8.5 Acquiring Additional Land and the Turnbull Hammock Area. The City of Edge-- afer— shall support efforts of the SJRWMI? and other agencies to acquire additional lands within the Turnbull Hammock area. Policy 1.8.6: Incentives for Developers Providing Recreational Facilities The City shall research and tgrovide incentives for developers to y rovide recreation facilities for their projects such as in- lieu - of fees. and direct site transfers where applicable. Obiective 1.9: Maintaining Open Space. ` tic ycur Git sh?J Maintain a sufficient amount of open space to provide a harmonious balance between the requirements of continuing urbanization and spatial needs of an increasing population as identified in this Elemerat- throu the year 2030. Adopted on Date VII -6 Ordinance No. CITY OF EDGEWATER CHAPTER 7VII COMPREHENSIVE PLAN RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with str = deletions) Policy 1.9.1: Maintaining Land Development Regulations and Recreational Facilities. Consistent with the time frames delineated by Chapter 163, Florida Statutes. the City shall continue to provide 1Land JDevelopment rReQulations that provide specific open space standards and definitions, and address parameters of tree protection. landscape. and signage in relationship to utilization of such open space. v v Policv 1.9.2: Open Space and Impervious Surface Ratio. The Citv shall continue to utilize specific open space and impervious surface ratio criteria as part of its development review process. Policy 1.9.3: Encouraging Planned Unit Development Type Proiects. The Citv shall encourage the use of Planned Unit Development type proiects to promote the use of open space as buffers between various land uses. Policy 1.9.4: Funding Programs. The City staff will continually investigate and utilize State and Federal funding programs to enhance and expand recreation and open space facilities. Policy 1.9.5: Open Space and Neigbborbood and Vest Pocket /Tot Lot Parks. The City shall utilize the concept and use of open space as part of the satellite system of neighborhood and vest pocket /tot lot parks. i.e. an improved and equipped play area for small children. Obiective 1.10: Access Management Plan. W Peeeffibev 0 1. the C4w aAdoot an access mana plan to provide policy. plans. and regulations regarding the existing, proposed public access points. docks and boat slips along the Indian River by December 2014. Policv 1.10.1: Access Management Plan Requirements. The access manag_ ement plan shall include. at minimum: • guidelines for vehicular on -site circulation systems. docking slips, fishing piers and boat ramps: • incentives for developers that donate land along the Indian River to enhance the public access; v • strategies for the City to acquire various grants for purchasing land along the Indian River: v v • the existing and proposed locations of public access points. and • strategies to promote and educate the public regarding the existing and proposed public access points. v v Adopted on Date VII -7 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER 7VII RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with crr = deletions) -Y-Gp «Z 1i I. tu: f Futux 1'uN.KNl . ®wmod ecz".-Z& 6�. rual�t:�ti Adopted on Date VII -8 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER 7VII RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with s triketh reu gI 4 = deletions) r.jp «! I I'aAl- Scr�xx s Adopted on Date VII -9 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER 7VII RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with strikethreugI = deletions) Adopted on Date VII -10 Ordinance No. CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER 7VII RECREATION AND OPEN SPACE ELEMENT (Text with underline = additions -- Text with strikethreugI = deletions) Adopted on Date VII -11 Ordinance No. q N ' � u r Q V f x o o o o m a o o o o o A A A A C w A C w w w w u N N N O N a H H H H O o O o N r it u rH H H Z Z Z Z � Z r Z `w' r Z Z 7. p, 'Z H N q m m v u v u m m p p 7 F. 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P.ci :................................................................................ ..............................1 11--v. 2/2991 Adopted on Date VIII -iii Ordinance No. CITY OF EDGEWATER CHAPTER VIII-& COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT (Text with underline = additions -- Text with ctrikethreugl! = deletions) T ST OF Al "s -Map VIII ! r eea f i . n . c f do n Iivs ...................................... ............................... - MaF VIII 2: FDOT B3acf vay 3 !rra+ed E dgewft+ en .................................... ............................... 1-4 11--v. 2/3991 Adopted on Date VIII -iv Ordinance No. CITY OF EDGEWATER CHAPTER VIII-& COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT (Text with underline = additions -- Text with striket = deletions) CHAPTER VIII INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES, AND POLICIES D-. GOALS, OBJECTIVES, AND POLICIES GOAL 1: Promote coordination and cooperation between The Citv of Edgewater and those agencies and parties which have an interest in the future and growth of the area through increased awareness of the plans, interests and concerns of all parties. Objective 1.1: Volusia County and Volusia County School Board Coordination. eke C4+"Shall continue to coordinate with Volusia County and the Volusia County School Board on matters involving planning for services, facilities, adjacent land uses and the area's natural resources. f9J -5.015 (3)(b)1._ F.A.C.] Policy 1.1.1: Planning for Adjacent Areas. The City will continue efforts seele to enter into an interlocal agreement with Volusia County within 12 months of the effective date of this amendment regarding the planning for areas adjacent to and surrounding the City of Edgewater, including a future joint planning area, future annexation boundaries, urban service boundaries, and a matrix of compatible County and City land uses.—[2j- -5.015 (3)(c)1. and (3)(c)5._ F.A.C.] Policy 1.1.2: Coordination with Volusia County and Impacts of Development. The City will coordinate with Volusia County and the Volusia Growth Management Commission regarding the impacts of development in Edgewater on adjacent local governments. f9J -5.015 (3)(c)1. and (3)(c)5._, F.A.C.] Policy 1.1.3: Level of Service Issues and Capital Improvement Needs. Provide for on -going coordination with Volusia County, the Volusia County M4 and FDOT relative to level of service issues and capital improvement needs for areas within and adjacent to Edgewater. (9J -5.015 (3)(c)3._ F.A.C.] Policy 1.1.4: Locating Future School Sites. The City shall coordinate with the Volusia County School Board in locating future school sites during the development process. This coordination will be achieved through the policies regarding school siting criteria found in the Future Land Use Element. f9J -5.015 (3)(c)1.. F.A.C.] Ptf-�nb PLC N3. 2 4 Rw. 2/29" Adopted on Date VIII -1 Ordinance No. CITY OF EDGEWATER CHAPTER VIII COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT (Text with underline = additions -- Text with crrikethr = deletions) Policy 1.1.5: Existing Playground Facilities and Coordination with the School Board. The City shall maintain its existing interlocal agreement with the Volusia County School Board regarding the use of existing playground facilities and future facilities at Indian River Elementary. [91 -5.015 (3)(c)1.. F.A.C.] Policy 1.1.6: Collocating Community Facilities. The City shall coordinate with the Volusia County School Board when locating new schools in an attempt to collocate community facilities such as parks, libraries and community centers. (9J -5.015 (3) (c)1.. F.A.C.] Policy 1.1.7: Protection of Natural Resources. P -- Dti�ambr_r 294�—,+The City shall continue implementing fttfeffip t t3 dcv_ the interlocal agreement with Volusia County regarding the protection of natural resources, especially the Turnbull Hammock Area in the western part of the City. Policy 1.1.8: Defining Recharge Areas. The City will actively support and join County and State efforts to define recharge areas and to control the type and intensity of development in these areas so that the City's groundwater resources are protected. Policy 1.1.9: Monitoring Water Quality in the Estuary. The City will cooperate on County and State efforts to monitor water quality in the estuary. (9J -5.015 (3)(c)6.. F.A.C.] Policy 1.1.10: Protecting the Quality of Indian River /Mosquito Lagoon. The City shall encourage and participate in intergovernmental management efforts to protect the quality of the Indian River /Mosquito Lagoon. [91 -5.015 (3)(c)6.. F.A. Objective 1.2: Coordination of Planning Activities. Provide for on -going coordination of all planning activities mandated by the various elements of the City's Covrehensive Plan with the plans of appropriate agencies and commissions. [9J -5.015 (3)(P)L. F.A.C.] Policy 1.2.1: Acquiring Additional Land and the Turnbull Hammock Area. The City shall coordinate with and support the activities of the SJRWMD in pursuing opportunities to acquire additional lands within the environmentally sensitive Turnbull Hammock Area through coordination with the County's land acquisition program. Ptf-�Sb PLC N3. 2904 -0 4 4 Rcv. 2/29" Adopted on Date VIII -2 Ordinance No. CITY OF EDGEWATER CHAPTER VIII-9 COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT (Text with underline = additions -- Text with s tr i keth reu gI 4 = deletions) Policy 1.2.2: E nd a ngered a nd Rare are, Endangered, Threatened Species and Species of Special Concern During the development review process, the City shall assist in the application of and compliance with State and Federal regulations pertaining to endangered and rare species. f9J -5.015 (3) (c)1.. F.A.C.] Policy 1.2.3: Development Adverse Impact to Rare or Endangered Species. The City shall consult with the Florida Fish and Wildlife Conservation Commission prior to the issuance of a development approval which would adversely impact rare or endangered species. [9J -5.015 (3)(c)L. F.A.C.] Policy 1.2.4 Monitoring Air Quality. The City will participate in the sState's and Countv's efforts to monitor air quality in the Edgewater area. Policy 1.2.5: Conflict Resolution Management. If and when conflicts of purpose among jurisdictions cannot be resolved locally, seek mediation assistance from the East Central Florida Regional Planning Council and /or Volusia County Growth Management Commission. This Policy shall also pertain to the resolution of conflicts involving dredge spoils disposal sites. -[4- 5.015 (3)(62.. F.A.C.] Policy 1.2.6 Providing Services and Infor mation. Provide services and information as needed to any requesting agency to further intergovernmental coordination. f9J -5.015 (3)(61. F.A.C.] Objective 1.3: Proposed Development Impacts. 44e auk 'Continue to coordinate with Volusia County and FDOT in reviewing the impacts of proposed developments. [9J -5.015 (31()02.. F.A.C.] Policy 1.3.1 Drainage System Coordination Provide for on -going coordination with Volusia County and the Volusia County Growth Management Commission during the development review process to reduce potential negative impacts in areas of the County that may affect L'.d-'s Ci 's drainage system. f9J -5.015 (3) (c) 1 - F.A.C.] Policy 1.3.2: Impacts of Development on the LOS and TDOT Roadways. On an annual basis,�the City shall evaluate the extent of coordination efforts with FDOT and Volusia County regarding the impacts of development on the LOS of County and FDOT roadways. f9J -5.015 (3) ((1%. F.A.C.] Pef T 4 te 2 90 0 4n ]\�. �,�vr -r 11cv. 2/20N adopted on Date VIII -3 Ordinance No. CITY OF EDGEWATER CHAPTER VIII-& COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT (Text with underline = additions -- Text with crrikethr = deletions) Policv 1.3.3: Controlling Access Points and Connections. The Cit\- shall coordinate with FDOT to control the connections and access points along all segments of U.S. 1 per their respective a ccess classifications. consistent with the guidelines established by the FDOT in Rule 14 -97 "State Highway System Access Management Classification and Standards ". (9J- 5.015 (3) (c)1.. F.A.C.] Objective 1.4: Intergovernmental Coordination. _ wWork closely with the City of New Smyrna Beach and other governmental agencies to identify areas of common interest and to establish coordination between their plans for the provision of services and those of the City. [9J - 5.015 (3)(b)1. and (3)(b)3.. F.A.C.] Policy 1.4.1 Providing Information on Growth and Development Activities. By Dtiti��bcr 29 ,4The City of E-?a-wat ° shall continue to provide information on growth and development activities inside the City which may have implications on the facilities and operations of the government entities involved. f9J -5.015 (3)(c)3. and (3)(c)7.. F.A.C.] Policy 1.4.2 Providing Land Use Data to the City of New Smyrna Beach. On a continuing basis, the City of Fag.._f-,.f shall provide to the City of New Smyrna Beach and /or the Citv of Oak Hill copies of all development applications requiring City Council approval that involve property adjacent to New Smyrna Beach and /or Oak Hill in order to obtain comments. N -5.015 (3)(c)3. and (3)(c)7.. F.A.C.] Policv 1.4.3: Requesting Local Governments to Review Concurrency and Land Use Issues. The City- shall reouest that adiacent local governments provide the same coordination established in Policies 1.4.1 and 1.4.2 to review concurrency and land use issues with existing comprehensive plans. (9J -5.015 (3)(c)7.. F.A.C.] Objective 1.5: SJRWMD's Water Supply Facility Work Plan. _ Work closely with the SJRWMD to update LYlater Soppy Facility Vo k Plans and Comprehensive Plan amendments as required. Policv 1.5.1: Coordination with STRWMD's and Volusia County and Future Water Supply Needs. The SJRWMD District mater Supply Plan (D WISP) addresses the current and future water use, alternative water source projects, and other related issues in order to meet the future water supply needs. The City's of Edge-T- ;— lYlater Supply Facilities 111ok Plan (W'ST -VI71) coordinates with the 2005 DWISP with respect to Project # 26 Ptf-�n&iN-- N3. 2904 -x-14 Rcv. 2/29" Adopted on Date VIII -4 Ordinance No. CITY OF EDGEWATER CHAPTER VIII-& COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT (Text with underline = additions -- Text with s tF i k @t gl = deletions) the Volusia County Southeast Service Area Interconnect project. The City will continue to coordinate with the District and Volusia County regarding that project. The City will update its WYISFWP and Co )Vrehensive Plan as appropriate. PoUoy 1.5�Policv 1.5.2: Maintaining the City's Water Supp Facilities Work Plan. The City will maintain a W ate? °Supply Facilities fork Plan (VSF") for a planning period of not less than ten years. The Wtttzr Supfly Faei4itie Wcx h IIaiztWW SF1VP addresses issues that pertain to water supply facilities and requirements needed to serve current and future development within the City's water service area. The City shall review and update the WISFWIP at least every five years. Any changes to occur within the first five years of the WlSFIY'P shall be included in the annual Capitallmprovements Plan update. 'AoLc; 1.5 Policv 1.5.3: Updating the City's Water Supply Facilities Work Plan. The City will maintain a WVSFWVP that is coordinated with the SJRWMD's DWSP by updating the irW�ork pPlan and related tCot*rehensive pPlan policies within 18 months of an update to the SJRWMD's District lYlater Supply Plan (DWSP) that affects the City. -Pekey 1.5.3-Policv 1.5.4: Participating in the Development of STRWMD's District Water Supply Plan. The City will participate in the development of updates to SJRWMD's DWSP and other water supply development - related initiatives facilitated by SJRWMD that affect the City. PeRey 5.4-Policv 1.5.5: Developinz Alternative Water Sources. The City will continue its involvement in Wale° A titlhof oa f VJu:-* Ra County -wide water conservation coordination and evaluating and participating in developing alternative water sources pursuant to guidance of the SJRWMD's DWVSR Obiective 1.6: Joint- Planninz Areas. T-e,--e Coordinate with Volusia County, the Volusia Council of Governments. the Volusia Growth Management Commission and any other jurisdiction as appropriate to establish a more comprehensive and integrated annexation process_ Obiective 1.7 Campus Master Plans. V,4te� RecoLrnize a campus master plan prepared pursuant to Section 240.155. Florida Statutes. when such plan includes areas within the Citv or within the City's Unlit Service Area fh C;i ft , n L� .:cC ~u Lc ctnn a and fhe- shaU coordinate with any University- or College regarding the provisions of any campus master development agreement. Ptf-�s6 N No. 294 -8-14 Rcv. 2/29" Adopted on Date VIII -5 Ordinance No. CITY OF EDGEWATER CHAPTER VIII-& COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT (Text with underline = additions -- Text with stFikethF I = deletions) Policv 1.7.1: Procedures for a Campus Master Plan. For applicable campus master Plans prepared pursuant to Section 240.155. Florida Statutes. the City shall meet with the University or College to establish procedures to recognize a campus master plan and to coordinate regarding the provisions of the campus master development agreement. f9J -5.015 (3) (c) 10.. F.A.C.] Obiective 1.8 Siting Facilities of Countywide Signi Lf-he (''t-- shff4 e Coordinate with Volusia County reprding the siting of facilities with countywide significance. including locally unwanted land uses. V V v Policy 1.8.1: Description of Facilities of Countywide Significance and Locally Unwanted Land Uses Facilities of countywide significance include but are not limited to: hospitals. major school facilities. and governmental complexes. Locally unwanted land uses include but are not limited to: uses that produce enough traffic. noise. smoke. odor. dust fumes or vibrations to have an effect on the health and general welfare of the citizens of Edgewater. Policy 1 .8.2: The Siting of Facilities of Countywide Si g ni fi cance and Locally Unwanted Land Uses The Citv shall provide the County notice and opportunity to comment on the siting of facilities of countywide significance_ including locallv unwanted land uses. The City shall provide an opportunity for the comments to be addressed in the siting process. [9I -5.015 (3) (c)13.. F.A.C.] Obiective 1.9: School Board Collaborative Planning Coordinate with the Volusia County School Board for collaborative planning purposes. including public school concurrencv procedures. f9J -5.015 (3)(x)6.. F.A.C.] Policy 1.9.1 School Board Interlocal Agreement Review annually the interlocal agreement with the School District of Volusia County to ensure inclusion o£ • coordination of public school facilities element. • review of population projection figures: • corroboration on public school facilities siting, • infrastructure and safety needs of schools. • adoption of level of service standards: • preview and comment of athe public school capital facilities program: Per-Orllau.��x 1\L. 2$94 --8-14 Rcv. 2 Adopted on Date VIII -6 Ordinance No. CITY OF EDGEWATER CHAPTER VIII-& COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT (Text with underline = additions -- Text with s triket hrou gI 4 = deletions) • definition of the geographic application of school concurrencw; the use of schools by the public. including use as emergency shelters: and • for outlining public school concurrence requirements for future development. [9j -5.015(3)(c)12. and (3) (c)14.. F.A.C.] Policv 1.9.2 Identifying Deficient Levels of Service and Public School Facilities. The Cite shall coordinate with the School District of Volusia County to identify deficient Levels of Services for public school facilities, and to mitigate for those deficiencies through the development process when applicable. f9J- 5.015(3)(c)12. and (3)(c114.. F.A.C.I_ Policy 1.9.3: Participating in Regularly Scheduled Meetings. The City shall participate in regularly scheduled Joint meetings with all participants identified in the Interlocal Agreement for Coordinated Land Use and Public School Facility Planning. f9J- 5.015(3)(c)12. and (3)(c)14.. F.A.C.] Objective 1.10: Population Projections. To e Coordinate population projections with Volusia County. Volusia Countv School Board. Volusia County Transportation Planning Organization. and other units of local government providing public facilities and services but not having regulatory authority over the use of land. Policv 1.10.1 Scbool Board Coordination and Population Projections The Citv shall meet annually or ffiefe as ffeqtteftt4y if -needed with the Volusia County School Board to discuss population projections used in the City's Combrehen.rive Plan in order to allow the School Board to consider Citv growth and development projections and the City to consider School Board enrollment projections. The population projections shall address but not be limited to the location. timing and amount of school students. [91 -5.015 (3) (c)11.. F.A. C.] Policv 1.10.2: Volusia County TPO Coordination and Population Projections. The City shall meet annually or as needed with the Volusia County Transportation Planning Organization to discuss population projections and consider expected growth shown in the Cit_v's Comprehensive Plan. f9J -5.015 (3) (c)11.. F.A.C.] Pef -Of .»r 1\L. 2$94 --8-14 1�cv. 2,42ON Adopted on Date VIII - 7 Ordinance No. CITY OF EDGEWATER CHAPTER VIII-9 COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT (Text with underline = additions -- Text with crrikethr = deletions) Mr.] PAWN !i I. vt:�n ✓ L'wcmm Ptf-�n&iN N3. 2994 -0 4 4 Rcv. 2/29" Adopted on Date VIII -8 Ordinance No. CITY OF EDGEWATER CHAPTER VIII-& COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT (Text with underline = additions -- Text with s triketh reu gI 4 = deletions) MGp `U �4a JCad'1YY'Caya I.ocalcd . - - - - -- ' —a -- - - - - Ptf &�1LL Nom.. 2 Rw. 2/29N Adopted on Date VIII -9 Ordinance No. Q V W LL a Z3 JY F Pill J N � O O w w� Z x . x X111 I s F uu a LL w Z3 J C w ow 0 0 0 0 z m o N Q ❑ zzz Ý×ÌÇ ÑÚ ÛÜÙÛÉßÌÛÎ ÝÑÓÐÎÛØÛÒÍ×ÊÛ ÐÔßÒ ÝßÐ×ÌßÔ ×ÓÐÎÑÊÛÓÛÒÌÍ ÛÔÛÓÛÒÌ ÛÚÚÛÝÌ×ÊÛ ÌÞÜ ÝØßÐÌÛÎ ×È Ý×ÌÇ ÑÚ ÛÜÙÛÉßÌÛÎ ÝØßÐÌÛÎ ×È ç ÝÑÓÐÎÛØÛÒÍ×ÊÛ ÐÔßÒ ÝßÐ×ÌßÔ ×ÓÐÎÑÊÛÓÛÒÌÍ ÛÔÛÓÛÒÌ øÌ»¨¬ ©·¬¸ «²¼»®´·²» ã ¿¼¼·¬·±² ¢ Ì»¨¬ ©·¬¸ ¬®·µ»¬¸®±«¹¸ ã ¼»´»¬·±²÷ 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òòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòò è ÜòÙÑßÔÍô ÑÞÖÛÝÌ×ÊÛÍô ßÒÜ ÐÑÔ×Ý×ÛÍ òòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòòò ç Ô×ÍÌ ÑÚ ÌßÞÔÛÍ Table 1: City of Edgewater Capital Improvement Schedule Fiscal Years Ending 2009- 2013.............................................................................................................................43 Table 2: 2009-2013 Volusia County School District Five-Year Work Program ...................... 65 ß¼±°¬»¼ ±² Ü¿¬» ×Èóª Ñ®¼·²¿²½» Ò±ò Ý×ÌÇ ÑÚ ÛÜÙÛÉßÌÛÎ ÝØßÐÌÛÎ ×È ç ÝÑÓÐÎÛØÛÒÍ×ÊÛ ÐÔßÒ ÝßÐ×ÌßÔ ×ÓÐÎÑÊÛÓÛÒÌÍ ÛÔÛÓÛÒÌ øÌ»¨¬ ©·¬¸ «²¼»®´·²» ã ¿¼¼·¬·±² ¢ Ì»¨¬ ©·¬¸ ¬®·µ»¬¸®±«¹¸ ã ¼»´»¬·±²÷ Table 3: Adjusted Taxable Income Projections .................................................................... 2423 Table 4: Ad Valorem Tax Yield Projections ......................................................................... 2423 Table 5: Revenue Projections Affecting Capital Improvements ........................................... 2524 Table 6: Expenditure Projections for Scheduled Capital Improvements .............................. 2625 Table 7: Debt Service Expenditure Projections .................................................................... 2726 Table 8: Annual Operating Expenditures .............................................................................. 2827 Table 9: Fiscal Assessment No. 1 ......................................................................................... 2928 Table 10: Anticipated Increase in Ad Valorem Tax Revenue Projections ..............................3029 Table 11: City of Edgewater Five Year Schedule of Improvements Fiscal Years Ending 2010-2014 ............................................................................................................... 4543 Table 12: Long Term (10 year) Transportation Improvements .............................................. 4644 Table 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Pu lie Fad Rt effi iii Fi rat,,.. 2007 08 t11 ,\�z0-1 2011 13 ......................................................................................... ............................23 TtCl7T� 0: ` - Ptt Cclx3c;l F fte :t:4:. s L't...-.-. L':..........:.. F *bT Aila�vx* 3 ................................................................................................... ............................... 31 nn zv07 0 ice Adopted on Date X -iv Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER X4-9 PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with = deletions) CHAPTER X PUBLIC SCHOOLS FACILITIES ELEMENT GOALS. OBJECTIVES AND POLICIES A. GOALS, OBJECTIVES AND POLICIES GOAL 1: Collaborate and coordinate with the School Board of Volusia County to provide and maintain a public education system which meets the needs of Volusia County's current and future population. OBJECTIVE 1.1 Coordination and eConsistency. The City shall implement and maintain mechanisms designed to coordinate with the School Board to provide consistency between local government comprehensive plans and public school facilities and programs. Policy 1 .1.1: Growth and Development Trends, General Population, and Student Projections Coordination Pursuant to the procedures and requirements of the adopted interlocal agreement, the City shall coordinate with the School Board on growth and development trends, general population, and student projections to ensure that the plans of the School Board and City are based on consistent data. Policy 1.1 School Concurrency Report At the time of transmittal of the Public Schools Facilities Element, the City shall develop a report of projects not subject to school concurrency and submit the report to the School Board within thirty (30) days of transmittal. The report shall include the type, number and location of residential units that have received subdivision or site plan approval and provide a projected annual rate of growth for such projects. Policy 1.1 .3: Providing School Board with Agendas and Staff Reports The City shall provide the representative of the School Board with copies of all meeting agendas and staff reports. OBJECTIVE 1.2 School Facility Siting bland Availability The City shall coordinate with the School Board on the planning and siting of new public schools and ancillary facilities to ensure school facilities are coordinated with necessary services and infrastructure and are compatible and consistent with the comprehensive plan. Policy 1.2.1: Consistent Land Use Categories and Policies. The City shall coordinate with the School Board to assure that proposed public school facility sites are consistent with the applicable land use categories and policies of the comprehensive plan. Schools shall be permitted in all future land use 2 nn�8 Adopted on Date X -1 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER X4-9 PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with = deletions) classifications except for industrial land use classifications and environmentally restricted land use classifications. Policy 1.2.2: Future School Sites and Ancillary Facilities. Coordination of the location, acquisition, phasing, and development of future school sites and ancillary facilities shall be accomplished through the procedures adopted in the interlocal agreement. Policy 1.2.3: Onsite and Off site Improvements. The City and School Board will jointly determine the need for and timing of on -site and off -site improvements necessary to support each new school or the proposed renovation, expansion or closure of an existing school. If deemed necessary, the parties may enter into a written agreement as to the timing, location, and party or parties responsible for constructing, operating, and maintaining the required improvements. Policy 1.2.4: Land Bank Sites. The City shall encourage the School Board to land bank sites for future use as school facilities. The City shall coordinate with the School Board on the acquisition and use of land banked sites in the same manner as established for other sites in order to ensure adequate infrastructure is planned and constructed in advance of school construction. Policy 1.2.5: Incompatible Land Uses. The City shall protect schools and land banked school sites from the adverse impact of incompatible land uses by providing the School District with the opportunity to participate in the review process for all proposed development adjacent to schools. Policy 1.2.6: Capital Improvements Plans and Programs. In developing capital improvements plans and programs for public services, the City shall consider required infrastructure to service existing and proposed schools and any land banked school sites. OBJECTIVE 1.3 Enhance Community Design. The City shall enhance community and neighborhood design through effective school facility design and siting standards and encourage the siting of school facilities in order to serve as community focal points and are compatible with surrounding land uses. Policy 1.3.1: Expansion and Rehabilitation of Existing Schools. The City shall coordinate with the School Board on opportunities for the expansion and rehabilitation of existing schools so as to support neighborhoods and redevelopment. Adopted on Date X -2 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER X40 PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with s tF i ket hF ougI 4 = deletions) Policy 1.3.2: Collaboration on the Siting of Public Facilities. The City shall collaborate with the School Board on the siting of public facilities such as parks, libraries, and community centers near existing or planned public schools, to the extent feasible. Policy 1.3.3: Co- location and Sharing of Public Facilities. The City shall look for opportunities to co- locate and share the use of public facilities when preparing updates to the tComprehensive _pPlan's (Schedule of vCapital ilmprovements and when planning and designing new or renovating existing, community facilities. Co- located facilities shall be governed by a written agreement between the School Board and the City specifying operating procedures and maintenance and operating responsibilities. Policy 1.3.4: Reducing Hazardous Walking Conditions. The City shall reduce hazardous walking conditions consistent with Florida's safe ways to school program. In conjunction with the School Board, the City shall implement the following strategies: 1. New developments adjacent to schools shall be required to provide a right -of -way and direct safe access path for pedestrian travel to existing and planned schools and shall connect to the neighborhood's pedestrian network. 2. New development and redevelopment within two miles of a school shall be required to provide sidewalks within or adjacent to the property for the corridor that directly serves the school or qualifies as an acceptable designated walk or bicycle route to the school. 3. In order to ensure continuous pedestrian access to public schools, the City shall consider infill sidewalk and bicycle projects connecting networks serving schools as part of the annual capital budget process. Priority shall be given to hazardous walking conditions pursuant to Section 1006.23, Florida Statutes. 4. The City shall coordinate with the Metropolitan Planning Organization to maximize the funding from the Florida Department of Transportation and other sources that may be devoted to improving pedestrian networks serving schools. Policy 1.3.5: Coordination with Volusia County Emergency Services. The City and School Board shall coordinate with Volusia County Emergency Services on efforts to build new school facilities, and facility rehabilitation and expansion, 2 nn�8 Adopted on Date X -3 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER Xa-A PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with strlkethreLlgI = deletions) to be designed to serve as and provide emergency shelters as required by Section 1013.372, Florida Statutes. OBJECTIVE 1.4: Coordinate Comprehensive Plan Amendments An-d Development Orders 44tbwitb School Capacity. Manage the timing of new development to coordinate with adequate school capacity as determined by the Volusia County School District. Policy 1.4.1: Availability of Adequate School Capacity. The City shall take into consideration the School Board comments and findings on the availability of adequate school capacity in the evaluation of comprehensive plan amendments and other land use decisions including but not limited to developments of regional impact. School Board review shall follow the policies and procedures set forth in the interlocal agreement. Policy 1.4.2: Coordination with the Future Land Use Map. Amendments to the jLuture &-and tUselvlap shall be coordinated with the School Board and the Public School Facilities Planning Maps. Policy 1.4.3: Approving Proposed Land Uses. Where capacity will not be available to serve students from the property seeking a land use change or other land use determination that increases residential density, the City shall not approve the proposed land use change until such time as the School Board can find that adequate public schools can be timely planned and constructed to serve the student population or that the applicant has provided adequate mitigation to offset the inadequacies in anticipated school capacity. Policy 1.4.4: Meeting Annually with the School District. The City of Edgewater shall meet at least annually with representatives from the School District and the other local governments in Volusia County to review the Public Scbool Facilities Element including enrollment projects. The timing and content of these meetings shall be done according to the requirements and procedures set forth in the adopted interlocal agreement. GOAL 2: IMPLEMENT PUBLIC SCHOOL CONCURRENCY The City shall assure the future availability of public school facilities to serve new development consistent with the adopted level of service standards. This goal will be accomplished recognizing the School District's statutory and constitutional responsibility to provide a uniform system of free and adequate public schools and the City's authority for land use, including the authority to approve or deny comprehensive plan amendments, re- zonings or other development orders that generate students and impact the public school system. The City shall operate and maintain in a timely and Adopted on Date X -4 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER Xa-A PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with s trlketh reu gI 4 = deletions) efficient manner adequate public facilities for both existing and future populations consistent with the available financial resources. OBJECTIVE 2.1 Level Wof Service Standards The City through coordinated planning with the School District and implementation of its concurrency management system shall ensure that the capacity of schools is sufficient to support residential subdivisions and site plans at the adopted level of service standard within the period covered by the jFiveyear-sSchedule of, Capital Improvements. These standards and the concurrency management system shall be consistent with the interlocal agreement approved by the School Board and the local governments in Volusia County. Policy 2.1.1: Applying Level of Service Standards. The level of service standards for schools shall be applied consistently by all the local governments in Volusia County and by the School Board district -wide to all schools of the same type. Policy 2.1.2: Adopted District -wide Level of Service Standards. Consistent with the interlocal agreement, the uniform, district -wide level -of- service standards are set as follows using FISH capacity based on the traditional school calendar: 1. Elementary Schools: 115% of permanent FISH capacity for the concurrency service area. 2. K -8 Schools: 115% of permanent FISH capacity for the concurrency service area. 3. Middle Schools: 115% of permanent FISH capacity for the concurrency service area. 4. High Schools: 120% of permanent FISH capacity for the concurrency service area. 5. Special Purpose Schools: 100% of permanent FISH capacity. Policy 2.1.3: Level of Service Standards for Specific Schools. The following schools shall achieve the adoptedti level of service no later than the identified date. The level of service presented in the following table is the tiered level of service that shall apply to that school unit the dated noted in the table. School LOS DATE Orange City Elementary 117% July 1, 2012 Horizon Elementary 158% July 1, 2012 200 n 9Q �a Adopted on Date Ordinance No X -5 CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER Xa-A PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with strlkethreugI = deletions) School LOS DATE Freedom Elementary 126% July 1, 2012 Osceola Elementary 117% July 1, 2012 Ortona Elementary 150% July 1, 2012 Ormond Beach Elementary 116% July 1, 2012 Southwestern Middle 120% July 1. 2013 New Smyrna Beach Middle 122% July 1, 2014 (Note: This policy designates a tiered LOS for those schools that exceed the desired levels at the end of the five- year capital improvements program.) Policy 2.1.4: Constrained Schools. The following schools shall be considered constrained schools at the designated LOS due to the inability to add capacity at the site and the nature of the communities they serve. Concurrency will be reviewed in the adjacent concurrency service areas and requests to increase residential densities in the constrained concurrency service areas will need to be accompanied by a plan to address school capacity. School LOS Burns -Oak Hill Elementary 115% Coronado Elementary 115% Samsula Elementary 165% Source: Volusia County Interlocal Agreement Policy 2.1.5: Short -term Changes in Enrollment Unrelated to New Development Approvals. The City and School Board recognize and agree that short -term changes in enrollment unrelated to new development approvals can and do occur, and that students enrolling in their assigned school will be accepted consistent with the School District's constitutional obligations regardless of the utilization levels at the assigned school. Policy 2.1.6: Amending the Level of Service Standards. If there is a consensus to amend any level of service, the amendment shall be accomplished by execution of an amendment to the interlocal agreement by all parties and the adoption of amendments to each local government's comprehensive plan. The amended level of service shall not be effective until all plan amendments are effective and the amended interlocal agreement is fully executed. No level of service standard shall be amended without showing that the amended 2nn zv0 0 4 Adopted on Date X -6 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER X4-9 PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with strlkethreugI = deletions) level of service standard is financially feasible and can be achieved and maintained within the five years of the capital facilities plan. OBJECTIVE 2.2: School Concurrency Service Areas. The City shall establish School Concurrency Service Areas as the area within which an evaluation is made of whether adequate school capacity is available based on the adopted level of service standard. Maps of the School Concurrency Service Areas are adopted in the Volusia County Interlocal Agreement for Public School Facilities Planning. Policy 2.2.1: Elementary Schools Concurrency Service Area. The concurrency service area for elementary schools shall be the elementary school attendance boundary as represented on the map series "Public School Facilities Element Elementary School Concurrency Service Areas" adopted as part of the Volusia County Comprehensive Plan and which is incorporated herein by reference. Policy 2.2.2: Middle Schools Concurrency Service Area. The concurrency service area for middle schools shall be the middle school attendance boundary as represented on the map series "Public School Facilities Element Middle School Concurrency Service Areas" adopted as part of the Volusia County Comprehensive Plan and which is incorporated herein by reference. Policy 2.2.3: K -8 Schools Concurrency Service Area. The concurrency service area for K -8 schools shall be the attendance boundary as represented on the map :rr i,\l series "Public School Facilities Element K -8 Concurrency Service Areas" adopted as part of the Volusia County Comprehensive Plan and which is incorporated herein by reference. (Note: no K -8 schools have been established at this time.) Policy 2.2.4 High Schools Concurrency Service Area. The concurrency service area for high schools shall be as represented on the map series "Public School Facilities Element High School Concurrency Service Areas" adopted as part of the Volusia County Comprehensive Plan and which is incorporated herein by reference. Policy 2.2.5: Special Use Schools Concurrency Service Area. The concurrency service area for special use schools shall be district wide. Policy 2.2.6: Concurrency Service Area Maps. The concurrency service area maps designate three areas where school capacity is not anticipated for the planning period. nn zvv 7 0 4 8 Adopted on Date X -7 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER Xa-A PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with strlkethreugI = deletions) Policy 2.2.7: Amendments to Concurrency Service Areas. Amendments to the School Concurrency Service Areas shall be completed according to the procedures specified in the Volusia County Interlocal Agreement for School Facilities Planning. Amendments to concurrency service areas shall consider the following criteria: 1. Adopted level of service standards shall not exceed the level of service standard within the initial five -year planning period and 2. The utilization of school capacity is maximized to the greatest extent possible taking into account transportation costs, court approved desegregation plans, proximity to schools, ethnic and socio - economic diversity, subdivisions and neighborhoods, demographic changes, future land development patterns, crossing guard availability, and other relevant factors. Policy 2.2.8 Central Concurrency Service Areas. Within the central concurrency service areas all current and future students shall be assigned to schools designated for them as part of the School District's normal school assignment procedures. Requests for development orders for new development consistent with the future land use designations and existing residential zoning densities shall be evaluated for concurrency based on the assigned school and that school's concurrency service area. If adequate capacity is not available in the assigned concurrency service area, the proposed development shall be evaluated in comparison to the concurrency service areas adjacent to the assigned concurrency service area, subject to the limitations of Policy 2.3.7. The tiSchool dDistrict shall maintain a listing of assigned and adjacent concurrency service areas for each central school concurrency service area. Policy 2.2.9: Developing Properties within the Central School Concurrency Service Areas. Requests to develop properties within the central school concurrency service areas at residential densities and intensities greater than the current land use or zoning designations shall be done via a comprehensive plan amendment consistent with the Volusia County Charter provision 206 regarding school planning. The comprehensive plan amendment shall demonstrate how school capacity will be met consistent with the terms of the First Amendment to the Interlocal Agreement for Public School Facility Planning effective July 2007 and Section 206 of the Volusia County Charter. If the project area is to be annexed by a municipality, the comprehensive plan amendment shall include an amendment of the central concurrency service area boundary by Volusia County to exclude the subject parcel. Adopted on Date X -8 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER Xa-A PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with strlkethreugI = deletions) OBJECTIVE 2.3: Process Ffffor School Concurrency Implementation. In coordination with the School Board the City will establish a process for implementation of school concurrency which includes applicability and capacity determination, availability standards, and school capacity methods. The City shall manage the timing of residential subdivision approvals and site plans to ensure adequate school capacity is available consistent with the adopted level of service standards for public schools. Policy 2.3.1: School Concurrency and Residential Development. School concurrency applies to residential development not otherwise exempt as specified by Policy 2.3.3. Policy 2.3.2: Residential Development Orders. Development orders may be issued for residential development where: 1. Adequate school capacity, as determined by the School Board, exists or will be under construction for each level of school in the affected concurrency service area within three years after the issuance of the development order allowing the residential development. 2. Adequate school facilities, as determined by the School Board, are available within an adjacent concurrency service area subject to the limitations of Policy 2.3.7. Where capacity from an adjacent concurrency service area or areas is utilized, the impacts of development shall be shifted to that area. If capacity exists in more than one concurrency service area or school within a concurrency service area, the School District shall determine where the impacts of development shall be allocated based on the School District policies for student assignment. 3. The developer executes a legally binding commitment with the School Board and City to provide mitigation proportionate to the demand for public school facilities to be created by the actual development of the property as provided by Objective 2.4 and its supporting policies. Policy 2.3.3: Residential Development Exempt from School Concurrency. The following residential development shall be considered exempt from the school concurrency requirements: 1. Single family lots of record existing as such at the time School Concurrency implementing ordinance is adopted which otherwise would be entitled to build, shall be exempt from School Concurrency requirements. Adopted on Date X -9 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER Xa-A PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with strlkethreugI = deletions) 2. Any residential development or any other development with a residential component that received approval of a Final Development Order or Functional Equivalent or is otherwise vested prior to the implementation date of school concurrency is considered vested for that component which was previously approved for construction and shall not be considered as proposed new residential development for purposes of school concurrency. 3. Amendments to residential development approvals which do not increase the number of students generated by the development based on the student generation rates for each school type. 4. Age restricted developments that are subject to deed restrictions prohibiting the permanent occupancy by a resident under the age of fifty- five. Such deed restrictions must be recorded and be irrevocable for a period of at least thirty years. 5. Group quarters that do not generate students including residential facilities such as jails, prisons, hospitals, bed and breakfast, hotels and motels, temporary emergency shelters for the homeless, adult halfway houses, firehouse dorms, college dorms exclusive of married student housing, and religious non -youth facilities. Policy 2.3.4: School Concurrency and Single Family Lots and /or Subdivisions. The creation of subdivisions and /or single family lots equal to or less than ten units shall be subject to school concurrency as part of an annual concurrency management review. The City shall report such projects to the School Board as part of the annual planning coordination process established by the interlocal agreement and these units shall be included by the School Board in planning student allocations by school. Policy 2.3.5: Adoption of School Concurrency Ordinance. By February 1, 2008 the City shall adopt a school concurrency ordinance which establishes the application procedures and process for evaluating school capacity and making concurrency determinations consistent with the provisions of the interlocal agreement. Policy 2.3.6: Concurrency Review. The School Board shall conduct a concurrency review that includes findings and recommendations of whether there is adequate capacity to accommodate proposed development for each type of school within the affected concurrency service area consistent with the adopted level of service. The School Board may issue a certificate of school Adopted on Date X -10 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER Xa-A PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with strlkethreLlgI = deletions) concurrency if sufficient capacity exists for the proposed development or the School Board may set forth conditions required to satisfy the requirements of school concurrency including proportionate share mitigation. Policy 2.3.7: Concurrency Evaluation and Application for Development Approval. If the adopted level of service standard cannot be met within a particular concurrency service area as applied to an application for development order and if the needed capacity is available in one or more contiguous concurrency service areas, then this capacity shall be applied to the concurrency evaluation of the application for development approval subject to the following limitations: 1. Areas established for diversity at schools shall not be considered contiguous. 2. Concurrency service areas generating excessive transportation costs shall not be considered contiguous. Excessive transportation costs are defined as transporting students requiring a transport time of fifty minutes one way as determined by School District transportation routing staff. 3. Concurrency service areas shall not be considered contiguous when the concurrency service areas are separated by a natural or man -made barrier such as a river, water body, or interstate highway that requires indirect transport of students through a third concurrency service area. 4. When capacity in an adjacent concurrency service area is allocated to a development application, assignment of the students to the school with available capacity may be accomplished by applying any of the techniques used to establish school attendance zones including modification of existing attendance zone boundaries or creation of island zones. 5. Student transportation not in conformance with the conditions established in items 1 through 4 above shall be permitted to allow student assignments based on specific educational programming options; to comply with State and Federal mandatory transfer opportunities; or for other transfer opportunities that School Board shall deem appropriate for the specific circumstances of an individual student. Policy 2.3.8: Meeting Current and Future Demand. If the adopted level of service cannot be met within a particular concurrency service area the School Board may apply one or more of the following techniques to maximize use of Adopted on Date X -11 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER Xa-A PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with strlkethreugI = deletions) available capacity and provide for adequate numbers of student stations to meet current and future demand: 1. Construct new school facilities; 2. Construct additions to current facilities; 3. Adjust program assignments to schools with available capacity; 4. Modify attendance boundaries to assign students to schools with available capacity; or 5. Eliminate variances to overcrowded facilities that are not otherwise restricted by State or Federal requirements. OBJECTIVE 2.4: Proportionate Share Mitigation. The City shall provide for mitigation alternatives that are financially feasible and will achieve and maintain the adopted level of service standard consistent with the School Board's adopted financially feasible work program. Policy 2.4.1: Proportionate Share Mitigation. In the event that sufficient school capacity is not available in the affected concurrency service area, the developer shall have the option to propose proportionate share mitigation to address the impacts of the proposed development. Policy 2.4.2: Mitigation and Permanent Capacity Improvement. Mitigation shall be directed toward a permanent capacity improvement identified in the School Board's financially feasible work program, which satisfies the demands created by the proposed development consistent with the adopted level of service standards. Policy 2.4.3: Mitigation and the School Board's Work Program. Mitigation shall be directed to projects on the School Board's financially feasible work program that the School Board agrees will satisfy the demand created by the proposed development approval and shall be assured by a legally binding development agreement between the School Board, the City, and the applicant which shall be executed prior to the City issuance of the subdivision or site plan approval. If the School Board agrees to the mitigation, the School Board shall commit in the agreement to placing the improvement required for mitigation in its work plan. Policy 2.4.4: Applicant's Total Proportionate Share Obligation. The applicant's total proportionate share obligation shall be based on multiplying the number of Adopted on Date X -12 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER Xa-A PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with strlkethreugI = deletions) needed student stations generated from the proposed project times the School Board's current cost per student station plus land cost for each type of school. The applicant's proportionate share mitigation obligation shall be credited toward any impact fee or exaction fee imposed by local ordinance for the same need on a dollar for dollar basis. (For example, if the proportionate share mitigation provides only for land, the credit is applied only against that portion of the impact fee or other exaction devoted to land costs. Policy 2.4.5: Student Generation Rates. The student generation rates used to determine the impact of a particular development shall be the student generation rates adopted in the most recent school impact fee study. Policy 2.4.6: Costs per Student. The cost per student station shall be the most recent actual costs per student station, and capitalization costs if applicable, paid by the School Board for the equivalent school facility. Policy 2.4.7: Mitigation Options Guidelines. Mitigation options must consider the School Board's educational delivery methods and requirements and the State Requirements for Educational Facilities and may include, but not be limited to, the following: 1. Donation of buildings for use as a primary or alternative learning facility; 2. Renovation of existing buildings for use as learning facilities; 3. Funding dedicated to, or construction of permanent student stations or core capacity; 4. For schools contained in the School Board's adopted five -year capital facilities work program, upon agreement with the School Board, the applicant may build the school in advance of the time set forth in the five -year work program; 5. Dedication of a school site as approved by the School Board; 6. Up front lump sum payment of school impact fees; 7. Upfront payment of interest and other costs of borrowing; 8. Payment of off -site infrastructure expenses including but not limited to roads, water, and /or sewer improvements; 2nn zv0 v-ia Adopted on Date X -13 Ordinance No CITY OF EDGEWATER COMPREHENSIVE PLAN CHAPTER X4-9 PUBLIC SCHOOL FACILITIES ELEMENT (Text with underline = additions -- Text with = deletions) 9. Payment of transportation costs associated with the movement of students as a result of overcapacity school; 10. Funding assistance with acquisition of school site; 11. Phasing of construction or delay of construction in order to timely plan for the availability of school capacity,; 12. Establishment of an educational facilities benefit district and 13. Establishment of educational facilities mitigation banks OBJECTIVE 2.5: Capital Facilities Planning. The City shall ensure existing deficiencies and future needs are addressed consistent with the adopted level of service standards for schools. Policy 2.5.1: Locating School Sites. In accordance with the adopted interlocal agreement the City shall collaborate with the School Board in locating required school sites as identified in the School Board's five, ten and twenty year capital facilities plan. Policy 2.5.2: Future Development and Proportionate Share of Costs. The City shall ensure that future development pays a proportionate share of the costs of capital facilities capacity needed to accommodate new development and to assist in maintaining the adopted level of service standards via impact fees and other legally available and appropriate methods. Policy 2.5.3: Adoption of School Board's Five -year Work Program. The City adopts by reference the School Board's €Five -year wWork pProgram approved annually each September as part of the overall School District budget. The City shall review the annual work program to verify that it is financially feasible and will maintain the level of service standards by the end of the five -year period. -2007 0 48 Adopted on Date X -14 Ordinance No .. - MAP X-1 2011-2025 Long Range Planned Public School Facilities By School Planning Areas X 4 T 1 Elementary School ' 0 AO SR40W IS 4 I Halifax North Halifax Central Halifax South Southeast Northwest West Southwest 0 q 2 Elementary Schools 1 Elementary School 1 High School 2 Elementary Schools 1 Middle School au /11; 'VZ 1. 2 Elementary Schools 4 OR RE) ). 1 Middle School < 2 Elementary Schools 1 Middle School Ln SIR 44 10TH SS SR 442 EXT W Qb + 1 Elementary School 1 High School 0 17,50035,000 70,000 105,000 140,000 ; Feet VV W E S Created by Facilities Services June 2007 ( ** *This is a complete strikethrough of this Section) COMM EPHEN-SWE PLAN P-OPULA44ON PR JEC=— N €FFE cTr - VI-A J��E 1 �, 2003 CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions -- TAMIE 9F CONTENTS »mil 19 -2009 I llrralatin POPULATION PROJECTIONS Text with s tr i eth = deletions) d Iry ti etas 14 Pe)ptt!ft6E)tt 67 Age iicomc 1 1 Reeeffi, :-LSndc-d :-4 P- i CITY OF EDGEWATER COMPREHENSIVE PLAN (Text with underline = additions -- LIST OF T1�R� - €S POPULATION PROJECTIONS Text with s tr i eth = deletions) 'Tube P 1. 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TN3 alrYivach gr2vr- irt�ta- asr t✓ p3� .i.ticr sir The €o eeats ' , od Jxcz mtcs uzc� &pp ie�t3 dic - A�x`-'s f F tc�l l� ul errs uY i c d1z P -3 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROJECTIONS (Text with underline = additions -- Text with s triketh reu gI 4 = deletions) Rte ti�'3 p�alat� pirix.� », it w � a3° �i :�� the a- •. `"h_� fafe. 's :A e rthl y'� pc)pa'.atkvn 'was €e-fe • sred tisi+,g he hf,effr-, geeffie+fie--ft7 de-v;e 13pc_d Ly � 43__.. __ of R_ V31 - dyl'c t wc u:rd defi-ee Ed tiu�� �ti The T Of fx1 �a~� u ✓� &ppi ch &zz '1 T 1 ' + 1.1 G F 3 . VT 1 r C �--� �`��1 :e�xa�t; � �ei � �hQ��. „ �o�,��r- ee a:r a i popra. fttis-R MITT '3 i N Ixnm, the Gcma v 1'� Ar ai pe -la e�, v-h` +, i3 de fivec by ffiultiplying the tcd 5a1Ti5c ✓y +'� p� As Table 1' 2 Mk; :W:;, WC c + J�u uppr c, ch ;: _-.-- 1 +9 i tt 79.20 ro.... ftsf +>^,.+ _ r 0..,. clfth 1�c 4 , W u:iu'g-m 1c Knctr +eehtiiqtte, -ti 11,37: tech quca, tv_ l tivcly-.-44ies-e -- - - -- -- -- - iii ' 3cc.i�r ; ir. 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Tc�: c..0 maple f a �ul�dly d% �lr r�L1 'ns is i d ft p l aii 1 +i, i _:n e + ai - x�y zx the :rat nc , P -4 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROJECTIONS (Text with underline = additions -- Text with s tr i eth = deletions) r�th� Vs &6�,e6tc Alffiest always, d v --, r D n a ,.t e z l g&ra►r th, tA' "boom." Fir`4 -, , yunn : MMpl Si- did »r uY, stet - u-'C h . b t..t.e + . T cy i1 Te+a l p3p ehaiige 4ie 202 pc , Ia ieii f .~ ry cash +eelinniauc way »Y J) t3 thc� :hrsg LU1> >s r J'exiTiC [C mlQ� lip ffie as-ttfes ___ _��___ m„bi4'L:td_ of _____` - i i ..QSl f ,. TC7Tl: C1L'Sf. r Twe -290Q t3orttloifift eoiffiftfe aft-- r my , is 5.85 pefeetif. tliz 3s� s;si t, d eferfft fte + inn r aLls ,� � - Pq P -- h re..,.e ft 4. tlic at te st e f _ �� ,.:a„iitia l and 1s t llie Civt-. Gf-es3 F NrY—M Nr xpa , . 4e, wits --eftkau4q+ b�- jiv,disg tiic 2929 +,-t.. >;._+._re L',-- (F!--. 1 �mnNbc r ildisg per n is . ram w:t 4 990 ftNa 7000 -ff fts 1'Z Va \� 1 �1tz [ c igc� [ v��rl t Lr u P -5 z 0 F- u LLI ce a z � 0 o a �✓ ;5 cis a 7 1 c z � co a LL) a j F Q LLI C 3> a Lu N tt] tv t=L] c 0 .3 u uu C 0 0 0 N Q �� F- CL ¢� 3? �N uz o� �_ �� oa u O u I I :a C� I 0 0 0 N Q z O F- u LLI ce CL z O F- Z) O a �� F- CL ¢� 3? �N uz o� �_ �� oa u O u I I :a C� I 0 0 0 N Q CITY OF EDGEWATER COMPREHENSIVE PLAN 1 11 . r !., POPULATION PROIECTIONS Linear Model c 0 'R 40,000 30,000 CL 20,000 10,000 Year Linear — All — Actual Geometric Model c 120,000 R 100,000 C 0 80,000 a 60,000 40,000 20,000 0 Year Geometric +Actual Parabolic Model 50,000 °- 45,000 `—° 40,000 0 35,000 a 30,000 25,000 15,000 10,000 5,000 0: _ --o—Parabolic —w—Actual Year P -8 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROIECTIONS Linear Shift Share 0 40,000 35,000 'c.30,000 0 0-25,000 20,000 10,000 5,000 0 t Linear — FActual �ppp tip�p �prLpl( ear Geometric Shift Share a 50,000 0 R 40,000 C CL ( 030,000 10,000 0 �p �p� �p� �p (Ip ti p Year t Geometric —W— Actual Parabolic Shift Share 45,000 40,000 35,000 0 30,000 a 25,000 20,000 15,000 10,000 5,000 0 P r p Year Parabolic Actual P -9 CITY OF EDGEWATER COMPREHENSIVE PLAN E--O �xl P_C 3 u1+s POPULATION PROJECTIONS £ ati� o l i . et st f eh r ,.f acv- :rat-n i P 2, ice.'. 41 i�pu� -qtr E)tttpttf As Aii"ablc : Ac the r ith the k,,w -s` ea effi e i e fft of r elativ e vffrifffieft (J_ \� i3 - kiz al; - +tff� li3 -1 an ` CPI ' vis--s f r o m _jf xxl . p fo d CP_ \' --v l uat i oi sfat tee, that r -w high - z then xuyp , c alid 9 a 1tu�::=Nw ZC7� ti +he o4ief em"ape4ation teeh,-� The . 1, ,whi the �'\!APE r. +t,,... f r.. - --aos ---- � - r - - fan Total -Poptilatioii e s (2989 -- 2020) rri., , iodc v t� � ✓ Li.0 X11 -- u� u� tlyz i :; (6} 6. lx� - 1 As T tblz P 2 a1; .' = xi l r� - *t5kxl 3 ly °,9 f�efi+s (47 %� u ✓gig dl: l° eappi�. its ° �ti✓c�, rtiz� . ;: l ul Gi- eeii +h affiettli o f a cn -- 4evelapffieii and vas Rdg at-,�7, __i i+ f A-, axd a3 a -✓aXfl; -vovL� zn�ch gzcooef u 1 �� t m wh�z'i pvv:.a fe 4 cyw-- --r, duc t3 the ` ft h AA-�l Av -age, 'Growth ym&R 3- u.� u�. r = - tcd t3 Z � slewer- gr-&wth rats r ic a wk :;s aim .-., az- as ii effit3loyffie li: 3, :n �-N.ial a-- z c r czrsci�ra 5 1 ✓�i�.� ' ` dl, 3ucll &3 ;ire €4owi"g 2)Th a,.__.., opa ent yid Air PL;-ll; ' lz;: G.� - H f- City l In - vav n P.:ticr :�.i:,� 4be --Gi h&3 r..q &v u th Butz 3f i_..t__..e 4 - 9 - 6 9 quid 2988: The : ge&meAie a+ f pciv —z e av -zap P -10 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROJECTIONS elssel-y relpttti t3 s� thz P--X. Tll p e—e—t, s -tliz f�tth us aro_ f- ftfe 4 ftf . e a.. + e i � ��v�l� C�vzr ;fie last 40 yeaf�. A4 or + h e co h e .. foree....4, assttffi 411..4 � __ 1 t y G t , �iywg fret-,ft -. 0; upoii--�hc 3f ax: t tid 1ind . --ail �a xx:� tlx: Gam, :4 �; + Ed ,.4_ wr 11 cnper 2:97 °1 cr,-, the ncx720 yeftrs, v l�tizi iv�`dczs the liffe Vs� The n ..4:N nn : 1ei= a . eiis:4 � _:4-,i the Cit of Ta•dn..wafeF ftppm -ma 2- 446 -1.9 &z v-s, publ�c F/:z f erette th f 5 u r 4 feshel3 c/: ������ti pc/pu' 'f uLi.z P 2 zr Zt,, ll :,. alc :ru; (6) fereeas� see a=. A1i_r4h faf --- .4.. -- � °.42 py r N a a 23e p t a Z,nn cli h:gj�ler gross � y, tli e i � �a��la'� &s: u�l; :of. r ar -di g _ c.4__ - these a n - �.�e- any ^ a -- a �cw. r.r, these anamptia d� `.4 r.4 f ^p a y f'_4._ . fio o f ides s *R4 cs +ia 1pii m — had errly ,°/11.9 kycl J� c �nro-vtod itt+a addi+ieml � z� c11G.�� 3, ✓x:l zi te- e- ,646ag fr,-ltnd- u3c - rab1e9- As sh:�Y %' 1 T abl e P 3, th e ffib, of r-es idential l.. :1 d11g �.�'� t y bo-4,w 1994 Rnd 7000 - f ..f., 101 4 — 5 P -11 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROJECTIONS ` iii @' , jjjg SFR 5 94 4-94 8-; 4- 1 92 49 - S 9 4-4 Bttple-t 4-4 2 4 4§ 4 8 4 8 -2 -2 -2 84 9 8 9 9 9 9 9 9 9 9 9 I 40 44 -34 43 44 49 29 24 4 42 9 T-ofA 245. +4.4 +42 +43 4- 7 +4 444 4$2 4 z 9 2$4 + -74 PP14 234 234 234 234 234 2-. � 2-. � 2.-� 2.-� 2.-� 2.-� � Pef saiis 489 32-9 3-34 499 30-7 2--'�4 2-34 28-1- 47-9 498 a.. 4 t � 1 P4Hfe. Th e rP Vr� ra c=CCZC rz- +..: i1__ Tublc P 2 r,3 plc pc. The I ohtag i re fzom, 110 fePf t3 2,9Y- f j f%mfx :3 tllc SK -, 3e.+ +„ +h 1.: +...4e l.._ dv ,g PC15 - nxt Nmefl l.._+ 1: + +1 i a lee ry" 19 L 11u1 im"l Pit/ s Seasenal tk n du cr , 3ucl1 L lw�atcr �iu�:a�t�, tn'd :)lug e€ Tllc US congas ta6ttla+c3 s,--axanal 1i0 u ' t3 Wtdz "Taut 11M ✓ -- rw — �� 1 , ° tiziati gal, e� cot T11c c —onus ��NKc eg + er c - ,wu - , u l m .,cr.rrlul ro.. +h G:�_ er Fdgew 9 _ --. n ,..r.a 4 990 1re).., 4 90 +o 2 n + fiw __ _. ___ -- _ _ t�� aa 1:v _ ��t1:rc�,a =zu1 u�t�. T11c :,cu:�,»ul u � +. S ft e),.1 1iot is�g Typc 1195 p oi pry. al liaz .n�e 1 4 'k- 3 v type. As an t-/-- :,;= the fable r4 �f-+4e Tablc P 1- -Seaxv -,a1 H-- y' t l Typc � Utimi T Y c ✓ II�u u. U--Ls- c« 3...i, R ca: .u3. -.i u .a pereefif Aligraft NN hc: s S 9 269 478- (d etaeh-d� a+ =hca A – sL-ll- c3 -1- --ft-ts� 674 -34 = 62-2 84 I e49 P+ (egier : F r--1 - 1* - \��, 4 e a Sease) 2 a 1 lull +: >G',.t4 ffi t ,. P -12 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROJECTIONS Th� ZY- i »utovl L �i ; assttfft4T t4 tl] ll�� s 11&3 ;5C] ..t-_ eoftsf..ft+ s i f . 19 , 4 9; awl ILP ' , a 22A pcx-)n p. i a ago, C a ,n tliz xidzaf 4 Lic P 5. S &:rnd llri�Nlm',�x] r s' 11tiz�. "y ep: ha ni I a n i�� f ..ffi pczxvaL,. :Xx Lt,33.in h C._.. L'.la,.---,.+e , 5 Nom, dic (`:`` l z[ of ✓Z"cixting hz xc3 and qatisiew u u�. r id L �xse + 1C C/ t°" p: / &tX y age aJ fx: J ti'tcr rv r rre y cfff � uJ�Sg tlxc l - `" - - - - - - -- rr L I�s'3 - .inc ede}e y . "cLzc P > __ + t 44 7 ; o d ie 20n pupultiqft r.,n.. >,.. +i... ,.a..,. o f 25 C:��1 5/1 y: C«3 3f tag;., ::;,�] 3,cr 1-4' t3 11 &A- - c grazF ''� gip v 'I cxc-- 5f ya1 in -ago, Tlxs� fa i fie f � - 3 agc. g>v —up a1 lisauc M. 'h prejee6o 1 : &l e..,e._,.. +..a fx h6x h3lA4ffeetft Ly t�� , u rJ] >» TiLbl P z x p; hoz ✓. gh �znx -onn ra�lgz, at 11%. T lic hou w tl--�vZ ' 7 h e ffie e fitfe fib.. +> t a,. re) . o - � : -�: d & xl f ;xl h;. iu�g 111-C C. �t�ti�p t tea . p �5c : atC g:., c :rx :IC Wiz: - 5ic I-I,--u-X' b P -13 Seaseii T PL °' u PP44 3,TffeftjjeV R Seffseii I Djlz; pepulfttiefi 438 545 608 X34 9:8; X54 2-4w 44-6 Q� 5w-o X34 O-. ? 4&5 1 2405 4;5 -5� X34 9:9; 4-,O34 1 204-0 555 40,693 59 2-34 9.0; 44, " 1 20475 48.6 4 5416 234 4.44; 4,-4� 1202-0 -?Q 45,845 5V-0 X34 8:9; 4-,-7� :: C;, yalZVa i ft + �I h;. 2 900 . t t o f :»C y e- � to ll, :i c +t e f of +h ftf +lie 22/1 Iiaz niV a s c -Y„ --- a., ux\i. Gefteiap,kly, rna:1y r d etifs a f r—e6 J Iia�g r s' 11tiz�. "y ep: ha ni I a n i�� f ..ffi pczxvaL,. :Xx Lt,33.in h C._.. L'.la,.---,.+e , 5 Nom, dic (`:`` l z[ of ✓Z"cixting hz xc3 and qatisiew u u�. r id L �xse + 1C C/ t°" p: / &tX y age aJ fx: J ti'tcr rv r rre y cfff � uJ�Sg tlxc l - `" - - - - - - -- rr L I�s'3 - .inc ede}e y . "cLzc P > __ + t 44 7 ; o d ie 20n pupultiqft r.,n.. >,.. +i... ,.a..,. o f 25 C:��1 5/1 y: C«3 3f tag;., ::;,�] 3,cr 1-4' t3 11 &A- - c grazF ''� gip v 'I cxc-- 5f ya1 in -ago, Tlxs� fa i fie f � - 3 agc. g>v —up a1 lisauc M. 'h prejee6o 1 : &l e..,e._,.. +..a fx h6x h3lA4ffeetft Ly t�� , u rJ] >» TiLbl P z x p; hoz ✓. gh �znx -onn ra�lgz, at 11%. T lic hou w tl--�vZ ' 7 h e ffie e fitfe fib.. +> t a,. re) . o - � : -�: d & xl f ;xl h;. iu�g 111-C C. �t�ti�p t tea . p �5c : atC g:., c :rx :IC Wiz: - 5ic I-I,--u-X' b P -13 CITY OF EDGEWATER COMPREHENSIVE PLAN e 4 -6. '-- Age � ��99 X995 -Pefsens Age -Rang e I -Per 1 �erser�s j � �efse�}s ....... l 45 te 24 ??519 44-4 2,,74; 4- e 4 f 25 te 34 s � ................ � ' 3544 4$°� .., 4 3 4-,2� 483 4-7-5; -LO 324 354 394 55 64 - ; 9 5 :74 4- ,--* e 44-o4 441-4 2,44-9 Tem! 454= popt4fttieft POPULATION PROJECTIONS 45,757 4(40 1 48,86 499 1 29,5�3 409 1 24,249 499 1 27,585 499-7 e , r. cS ! t Fil-NIZIL-,3 ;r.3 Au , c:a T-ftbl P . .JII..\ -Pefsens 4,5 4-" � 4 4,44-4- 4 . ....... � +:74; 4,8F +8 . ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . + qq q � ',� ' LT� � ................ � ' 5 45,757 4(40 1 48,86 499 1 29,5�3 409 1 24,249 499 1 27,585 499-7 e , r. cS ! t Fil-NIZIL-,3 ;r.3 Au , c:a T-ftbl P . f:,3 � ERR --` P -14 .JII..\ _ EIN — 2M 4eEetne 2-999 3 204-9 5 2-ON 2999 5 249 X945 ?Q9 Rffftge 4-,2� 483 4-7-5; -LO 324 354 394 594 5:�5 429 4 8 ' 4 4588 439 599 5-� 469 444 Maderate 4358 4348 +455 -2-,6� 496 553 692 8: 5 AlAdl te High ''� 3 A 4,42 4 - 36 - 3 5� 4;3 532 588 q" 884 T ef S S ottfe:N 6 &,8M 4 4, 9 X494 �'J`S _ (',.. f f C_.. 4 CG_...7,.1_t,, �5�1:.,.._ � D � 4,9 4-,9Q '� X889 9, ✓ 2/ ' — \ iL :ram= dviTzi �'��. tL 7 ,7 �:J �1il.,.1 .vai f:,3 � ERR --` P -14 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROJECTIONS Tke St;:rly t3 cnpoot fegaf r__+._v„ &25rtli -g It fts5urn +>1,.+ Ra _„ + -,'c pc��zlatian mv �+ .` ��t iat� i�5at�w� t� V01__ : ( ; O__ff ty'3 " th rrtt: ---M . Ti.:-i ffte+li pro)cc` e - Cl[ - y wM ztdd appro- i' )1ritdy 14,46 zc Jid iin (bid 02% Icy 7(1(10 ftn - 9, ed p aii gr;rw tzy 3.23% per year, axnfafed �-; i hb 5. ✓% b -f_ 4 960 ,.t..7 200 9. 'T K-c 0 rlr l2ti" l ,ipu`l gt etrth c »mo t 3` clzu'd r . L :mil uY ��Y� >�z a lr > 1 u u� or_ l ati 7 ii th e C4: y. The l 9.f �)) :v t* ax-np eke othef fefeeas+s. 1+ also has it f g �'\IAPE ( , tom. It 1 iief i.,.__„ +i b +..__..1"_.. +:er : e t3 aizi cdicr ff1x&3t3, +: +4:a ._ +>^,.__ .:a.. fr G x&36Ni&!4 .. b , °_ �N� + n l 7 7017 C� s+ for- ! oC1=,d ,.+ a .. + � :�1:�"JC� �1� �'\� � p�% \11836"' ' �v -- a� - -- - - � l - -tea i -- f 2005 24 $ 15. by aic J- » »lbrrA- r eater- for n rre..d e ��, spat 49-fe -2 J -,Ztr h6Xi;3s3. A3 & +- Otte r-easo to.. +>^:,.: .3 +>^ f ftet f 4e -,w --f.+ t.:` +Rvi,= _ effi it i +-he 1 1 . l�titiaf hist ✓ dhc efeeasf 199 4#97--ir 11IS> eco?--1d Letts captwc Lti�. "eiids an d p - cr afe shef+ f ef-ffi r. ,. +, -aq - ..� S-1 »1 1 3v�Y—d— mxxit3, ��l 1 T-ftblz P 9. Rc tk, Rr a.u,� R n a a Shiffibe T�x��cr;� 200-5 22 23 241-8 26,;98 2�,776 X5 30 N744 X94 > Ttbll:i P 9, & -/m >,„+.__ +h 200 aiid 7 reY tiast wu l -r te. IVt alati ✓i Y � � ia r ei + +hft Lr us/" - ligNti3. Path--r, tlizy �*n tl zpcxt wzti r"_+ fe 1,.. 7 use delis:+._ of ti+ f e sidef i t ial 1....,7 ._la ailn The �:+._ ha ftnne. � l » Thy acv a6 A6 iii Nlii v ac [.Cl �-f P -15 CITY OF EDGEWATER COMPREHENSIVE PLAN POPULATION PROJECTIONS be y oCi1 A... f : d ett+ fi : , laic AOVLZ��zz1MNiOd j v � `,3ati Hr� ,iti3 i. gthc ou pply neecs�zcaiy ��� r�� kc ukmwr , l n ur1 u�: � zU The f qr- fiz A 3u f fiei et f , f & f k�l -nu�d ti 3,.,r tic �ti <:t 20 years. ca:�--3 �a the populatiai b,yori P -16 CITY OF EDGEWATER COMPREHENSIVE PLAN SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT COMPREHENSIVE PLAN FUTURE LAND USE 2 3 RESTORATION SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT SUB - ELEMENT F 5 Effective February 23, 2010 RSCD Adopted 02/23/2010 CITY OF EDGEWATER COMPREHENSIVE PLAN TABLE OF CONTENTS SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT Page 1 A. Irj, 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 INTRODUCTION.........._........_ .......................................................... ............................... 1 GOALS, OBJECTIVES, AND POLICIES .......................................... ............................... 3 GOAL 1: DEFINING THE RESTORATION SUSTAINABLE COMMUNITY DEVELOPMENT .......................................... ............................... 3 Objecrive LI: Develop SCD Effective Fiscal and Land Use Planning Technique .................... 4 Policy 1.1.1: Protection and Management of lands within Volusia County Natural Resource Management Area ( "NRMA ") and Environmental Systems Corridor ( "ESC ") ........................................................................ ............................... 4 Policy 1.1.2: Restoration SCD Implementation Specifics ....................... 5 Policy 1.1.3: Timing of Restoration SCD Implementation Specifics ....................................................................... ............................... 5 GOAL 2: DEFINING THE COMPONENTS OF SUSTAINABILITY IN RESTORATIONSCD: ........................................................................................... 6 Objective 2.1: Sustainability ..................................................................... ..............................6 Policy2.1.1: ........................................................................... ............................... 6 Policy2.1.2: ........................................................................... ............................... 6 Policy2.1.3: ........................................................................... ............................... 6 Policy2.1.4: ........................................................................... ............................... 7 Policy2.1.5: ........................................................................... ............................... 7 Policy2.1.6: ........................................................................... ............................... 7 Policy2.1.7: ........................................................................... ............................... 7 GOAL 3: MIXED -USE FACILITIES ................................................. ............................... 8 Objecrive 3.1: Provide for Land Use Designations which Promote a Mix of Uses .................... 8 Policy3.1.1: ........................................................................... ............................... 8 Policy3.1.2: ........................................................................... .............................11 Policy3.1.3: ........................................................................... .............................11 GOAL 4: OPEN SPACE /NATURAL RESOURCE MANAGEMENT AND PROTECTION STANDARDS: ............................................................................ 11 RSCD Adopted 02/23/2010 SCD -i CITY OF EDGEWATER COMPREHENSIVE PLAN TABLE OF CONTENTS SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT Page 1 Objecdve 4.1: Minimisation of the Impacts of Development on the Natu7al 2 Environment .................................................................................. .............................12 3 Policy 4.1.1: Requirement of Appropriate Environmental 4 Studies .......................................................................... .............................12 5 Policy 4.1.2: Protection of Environmental System Corridor 6 Lands ............................................................................ .............................12 7 Policy 4.1.3: Designation of Land as Resource Based Open 8 Space ............................................................................ .............................13 9 Policy 4.1.4: Minimum Open Space Requirements .. .............................13 10 Policy 4.1.5: Volusia County Environmental Core Overlay ..................13 11 Policy 4.1.6: Location of Development within Restoration 12 SCD . ........................................................................... .............................14 13 Policy 4.1.7: Resource Based Open Space/ Environmental 14 Resource Permit ........................................................ .............................14 15 Policy 4.1.8: Minimization of Wetland Impacts .......... .............................14 16 Policy 4.1.9: Defining Open Space .................................. .............................14 17 Policy 4.1.10: Protection Standards for Resource Based Open 18 Space ............................................................................ .............................15 19 Policy 4.1.11: SMMP Requirements and Minimum 20 Standards ..................................................................... .............................17 21 Policy 4.1.12: Ownership of Activity or Resource Based Open 22 Space ............................................................................ .............................19 23 GOAL 5: COMMUNITY DESIGN: PRINCIPLES OF TRADITIONAL, 24 NEIGHBORHOOD DESIGN AND NEW URBANISM: .................................. 19 25 Objecdve 5.1: Design Attli hutes .............................................................. .............................19 26 Policy 5.1.1: Walkability ..................................................... .............................20 27 Policy 5.1.2: Connectivity ................................................... .............................21 28 GOAL. 6: AFFORDABLE HOUSING /HOUSING CHOICE: ...................................... 22 29 Objecrive 6.1: Promote Diversity and Choice in Housing Options ............. .............................22 30 Policy 6.1.1: Provide Affordable Housing ..................... .............................22 31 Policy 6.1.2: Housing Choice ........................................... .............................22 32 GOAL 7: JOBS /HOUSING BALANCE: ........................................................................ 22 SCD -ii RSCD Adopted 02/23/2010 CITY OF EDGEWATER COMPREHENSIVE PLAN TABLE OF CONTENTS SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT Page 1 Objecdve 7.1: The Reduction of UMT through a fobs -to- Housing Balance ............................22 2 Policy 7.1.1 Community Mixed -Use Thresholds ....... .............................22 3 Policy 7.1.2: Interim Measuring of Jobs /Housing Ratios ....................23 4 Policy 7.1.3: Build Out jobs/ Housing Balance .......... .............................24 5 Policy 7.1.4: The Jobs Calculation .................................. .............................24 6 GOAL 8: REDUCTION IN GREENHOUSE GASES: .................................................. 25 7 Objective 8.1: Reduce UMT tha ough the Utilisation of Sound Planning Paradigms .............. 25 8 Policy 8.1.1: Compact Development Pattern ............... .............................25 9 Policy 8.1.2: Avoid Large Single Uses of Land and Provide 10 for a Mixture of Land Uses ................................... ............................... 25 11 Policy 8.1.3: Walkable, Bikeable Community Design ............................27 12 Policy 8.1.4: Transit- Oriented Development ............... .............................27 13 Policy 8.1.5: Williamson Boulevard as a Multi -Way, Transit 14 Ready Boulevard ........................................................ .............................28 15 GOAL 9: SCHOOLS: ....................................................................................................... 28 16 Objective 9.1: School Conciarencg ............................................................ .............................28 17 Policy 9.1.1: Capacity Enhancement Agreement ..... ............................... 28 18 GOAL 10: RESOURCE EFFICIENT DESIGN AND OPERATION: .......................... 29 19 Objecdve 10.1: The Utilisation of Defined Benchmarks and Memics to Measure 20 Success .......................................................................................... ............................... 29 21 Policy 10.1.1: Utilization of Innovative Sustainable Programs ..............29 22 GOAL 11: CONFORMANCE WITH THE GOALS, OBJECTIVES, 23 POLICIES: ............................................................................................................ 31 24 Objecdve 1 LI: Maintaining Conformity with Goals, Objectives and Policies ......................... 31 25 Policy 11.1.1: Creation of the Restoration Planned Unit 26 Development ............................................................. ............................... 31 27 Policy 11.1.2: Processing of Development Approvals ............................... 32 28 Policy 11.1.3: Coordination on Transportation 29 Improvements .......................................................... ............................... 33 30 Policy 11.1.4: Maximum Daily Trips at Build Out ....... .............................33 SCD -iii RSCD Adopted 02/23/2010 CITY OF EDGEWATER COMPREHENSIVE PLAN TABLE OF CONTENTS SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT Page 1 2 3 4 5 6 7 8 9 10 11 Policy 11.1.5: Funding of Public Facilities and Infrastructure .............. 33 GOAL 12: FLOOD PLAIN MANAGEMENT: .............................................................. 34 Objecdve 12.1: Revised Flood Plain Management Policies and Protocols. _._._.______........... 34 Policy 12.1.1: Floodplain Management ........................... .............................34 Policy12.1.2: ........................................................................... .............................34 Policy12.1.3: ........................................................................... .............................35 Policy12.1.4: ........................................................................... .............................35 Policy 12.1.5: ............ .........35 Policy 12.1.6: ............ ............. .. .............................35 Objecrive 13: Restoration Sustainable Community Development District ("SCD') ............... 36 Objecrive 14: Maximum Density and Intensity for Restoration SCD ..... ............................... 36 RSCD Adopted 02/23/2010 SCD -iv SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT A. INTRODUCTION The City of Edgewater ( "City ") desires to create a new land use category that will require new and enhanced transportation and land use planning strategies, including planning for alternative modes of travel, more compact mixed -use development, greater attention to jobs - housing balance, and higher densities of residential housing containing a mix of housing types and price points in order to address changing dynamics in the relationship between land development, transportation, energy and the environment. This new category of land use is called Restoration Sustainable Community Development ( "SCD "). It has been crafted from the data, inventory and analysis generated by the City and is described below with Goals, Objectives and Policies. It shall apply only to and is prepared specifically for a development within the City known as Restoration. Restoration is located in the City on the west side of Interstate 95 and contains 5,187.1 +/- acres. The Restoration SCD land -use category has been designed to meet and exceed the design and sustainability criteria found within the principles of Smart Growth, Traditional Neighborhood Design, New Urbanism and Transit Ready Development and Design. The Restoration SCD designation is designed to facilitate the expansion of the urban area of the City through the integration of a number of different land uses, including office, commercial, residential, recreational, governmental and housing components so that all work seamlessly in a New Urbanist framework. The residential portion of the Restoration SCD development must include housing units of various densities and types, at various price points and sizes. The housing inventory shall include, but not be limited to, single- family, multi- family and townhouse homes as well as some residential inventory to be located above retail or commercial uses where appropriate in the context of the overall planning for the Restoration SCD. The Restoration SCD shall require the innovative use of land planning that is consistent with and implements the keystone principles of Smart Growth as set forth by Volusia County's Smart Growth Implementation Committee and transect based planning as supported by the Congress of New Urbanism and set forth in Smart Code, Version 9.0 ©. These are to be the cornerstones of the Restoration SCD development in the City of Edgewater. The principles of Smart Growth that are to be employed are as follows: Environment. Smart Growth emphasizes the early identification and preservation of environmentally important areas and open space areas. These are conceived of as a connected network of multi - purpose lands that form the community's "green infrastructure." Communities. Smart Growth emphasizes compact, walkable, mixed -use communities that provide alternative modes of travel together with greater jobs /housing balance and higher densities. It seeks to use land and infrastructure efficiently to reduce the costs of servicing new development and shall provide for a range of housing choices and lifestyles. Such development emphasizes innovation in sustainable design in both the conservation of water resources and energy. Economy. Smart Growth communities place an emphasis on a mix of land uses including residential, office, commercial, recreational, and governmental that all work seamlessly in a New 079826, 000001, 103241005.1, SCD Redline to Original Urbanist framework with public investments that support the needs of sustainable economic development. Transect Based Planning. Transect based planning has its roots in the environmental transect, which is based on an analysis of the natural sequence of environments and their relationship to each other. Because "New Urbanist" planning recognizes that "one size does not fit all" and because humans desire to live in different kinds of places, transect based planning attempts to mirror the environmental transect and allow for an urban to rural pattern or " Transect Zones" which shall place a premium on a continuum of different market offerings. These are to be arranged harmoniously and appropriately in the natural landscape. Accordingly, the Restoration SCD shall have a variety of places and corresponding appropriate building typologies, including lower density residential, so that the over -all mixed -use characteristics of the Restoration SCD are maximized. The Restoration SCD is the result of a conscientious planning approach based on the most current New Urbanist research and advanced practices. The compact development pattern is designed to and shall provide for a diverse community with distinct place types and multiple experiences that are appealing to residents, employees, and visitors. It shall provide for walkability, a broad range of inclusive household demographics, the ability to connect the community directly to a natural experience, transit ready design, and a high level of environmental stewardship and planning. In order to facilitate the outcome described herein and to further demonstrate the City's support of the development represented by Restoration, the City makes the following representations and commitments. The City of Edgewater will process its next Evaluation and Appraisal Report (EAR) amendments in 2010/2011. Incident to that effort, the planning horizon EAR -based amendment to the comprehensive plan will be extended through 2030. Notwithstanding that the content of this plan amendment is intended to and does authorize the development of 8,500 residential units, until the City adopts the EAR -based amendments extending the planning horizon through 2030, no more than 5,000 residential units are authorized for the Restoration SCD. Once the EAR -based amendments are in effect and the planning horizon has been extended through 2030, then the total number of residential units (8,500) as set forth in this comprehensive plan amendment shall be authorized as set forth herein. As further indicia of the City's commitment to this undertaking, until the following EAR -based amendment cycle (anticipated in 2017), the City will not process: 1. any annexations increasing residential density and increasing the City's boundaries (with the exception of small scale enclaves); 2. any large scale comprehensive plan amendments increasing residential density not associated with a redevelopment project located in the City's proposed redevelopment area as set forth in the City's adopted 2008 Evaluation and Appraisal Report and graphically depicted on Exhibit "A ". To ensure that the Restoration project is commenced in a timely fashion, the Master Developer (which is the developer identified in and a party to the DRI Development Order of even date) shall commence development within four years from the effective date of this plan amendment 079826, 000001, 103241005.1, SCD Redline to Original (the "Commencement Date "). For purposes of this provision, the commencement of development means to begin performing on -site modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes and on -site modification, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. Land clearing and site preparation activities alone do not constitute commencement of development. The City Council may grant an extension of the Commencement Date if a request demonstrating good cause is filed in writing with the Clerk of the City Council at least sixty (60) days prior to the expiration of the Commencement Date; however, if the Commencement Date as set forth herein expires with no extension being requested or having been requested is not granted, then the City Council may, at its discretion, undertake an amendment to its comprehensive plan to remove the Restoration SCD designation from the property. Failure of the City Council to initiate a comprehensive plan amendment as herein provided shall leave the Restoration SCD land use designation in place but in no way shall serve as a waiver of the City's right to later undertake a comprehensive plan amendment to remove the Restoration SCD designation from the Restoration property if development as described herein has not yet commenced. Given the nature of the Restoration SCD, it is designed to be a collaborative planning process between the developer, public agencies, non - governmental organizations and citizens that collectively seek to holistically address varying community needs in a flexible, yet systematic manner consistent with the Goals, Objectives and Policies hereinafter set forth. Because this process is site specific and certain of the Objectives and Policies reflect the same, this Restoration SCD text amendment shall apply only to the Restoration development. All other projects seeking similar outcomes are subject to the creation of an applicable project specific land use category through the comprehensive plan text /map amendment process and shall comply with all other applicable regulatory processes. B. GOALS, OBJECTIVES, AND POLICIES GOAL 1: DEFINING THE RESTORATION SUSTAINABLE COMMUNITY DEVELOPMENT. The City of Edgewater shall utilize innovative land use planning techniques, creative urban design, environmental protection, and the judicious use of sustainable development principles and practices in order to meet the spirit and intent of the Restoration SCD. In order to facilitate this vision, the City shall recognize that density is important to the Restoration SCD outcome, but no more important than the mixing of uses, the development of a diverse population through the provision of housing choice and employment centers, the connection of streets and the design of structures and spaces on a human scale. These attributes are to be coupled with context sensitive solutions in planning for thoroughfares so as to make for a walkable community. All of this is accomplished within an overall framework of environmental protection and sustainable design within the built environment of the Restoration SCD. Objective 1.1: Develop SCD Effective Fiscal and Land Use Planning Technique. 079826, 000001, 103241005.1, SCD Redline to Original Edgewater shall use the Restoration SCD as an effective fiscal and land -use planning technique for managing growth, controlling sprawl, and ensuring that the built environment does not compromise the workings of the natural environment within the Restoration SCD. The Restoration SCD shall demonstrate its consistency with the policies set forth below. Policy 1.1.1: Protection and Management of Lands within Volusia County Natural Resource Management Area ( "NRMA ") and Environmental Systems Corridor (`ESC "). The Restoration SCD is located within an area currently designated by Volusia County as NRMA and includes both Environmental Core Overlay Lands ( "ECO" a.k.a Map "A ") and Environmental System Corridor (`ESC "). As a result, development will necessarily impact portions of the NRMA, but such development will not materially or adversely impact the natural resources or systems of the NRMA as a whole. Appropriate environmental studies have been performed to guide development to the approximate eastern one -third of the Restoration SCD so that development within NRMA is clustered in the most suitable location within the Restoration SCD thereby protecting the majority of the NRMA and the important natural resources lying within it (See Policy 4.1.1 below). Further, the environmental development and compliance standards within the Restoration SCD are equal to or exceed NRMA standards. Portions of the Restoration SCD are within an area designated as Environmental Core Overlay and are designated by Volusia County as Map "A" lands (See Policy 4.1.5 below). These lands shall be designated as Conservation lands on the Restoration SCD Conservation /Development Areas Map described below. In addition, portions of the Restoration SCD are within an area formerly designated on the Volusia County FLU Map as Environmental System Corridor ( "ESC "). The majority of the ESC lands are interconnected wetland strands within the Restoration SCD and substantially all ESC lands outside of the SCD Community Development Lands as described below shall be protected so as not to degrade their natural functions. Where impacts are authorized to these wetland strands, the Restoration SCD shall provide for all required mitigation as contemplated under both state and Federal law (See Policy 4.1.2 below). The restoration, enhancement and management of these lands shall be the responsibility of the developer or its successors and assigns, (See Policy 11.1.5 below). The ecological integrity and eco- diversity of the NRMA lands not otherwise impacted by the development contemplated herein shall be restored and maintained by the developer, its successors and assigns so that they contribute to an interconnected system of integrated habitat in a post- development setting (See Policy 11.1.5 below) . 079826, 000001, 103241005.1, SCD Redline to Original The Restoration SCD shall be developed consistent with the Restoration SCD Conservation /Development Areas Map ( "CDA Map ") which delineates three regions of the Restoration SCD as (1) Conservation, (2) SCD Conservation /Restoration, and (3) SCD Community Development lands. The lands designated as Conservation on the CDA Map are also lands designated by Volusia County as Environmental Core Overlay (Map "A "). The SCD Community Development Lands are also further described as the "Build Envelope." The CDA Map is incorporated by reference into and made a part of this Comprehensive Plan Amendment. The City recognizes that the exact configuration and territorial limits of the areas designated on the CDA Map shall be subject to final engineering, regulatory review and adjustment by one or the other or both of the State of Florida and the Federal government through the review and approval of the ERP permit administered by the St. Johns River Water Management District and the Section 404 Permit administered by the U.S. Army Corps of Engineers. The submission of applications for the referenced permits and the processing of the same by the developer shall be consistent with the designated regions shown on the CDA Map. Policy 1.1.2: Restoration SCD Implementation Specifics. The specific requirements for implementing the Restoration SCD shall be memorialized through (1) the processing and obtaining of a Chapter 380.06, Florida Statutes, DRI Development Order, (2) a Planned Unit Development ( "PUD ") approval including a Master Development Plan and a Regulating Book /Design Guidelines, and (3) a Site Mitigation and Management Plan ( "SMMP ") each of which are more particularly described below. Each of these instruments shall be crafted so that they individually and cumulatively implement the Goals, Objectives and Policies set forth herein. Policy 1.1.3: Timing of Restoration SCD Implementation Specifics. The DRI Development Order shall be processed and approved concurrently with the approval of the Restoration SCD land use amendment as contemplated by Subsection 380.06(6), Florida Statutes. A Planned Unit Development ( "PUD ") approval including a Master Development Plan and a Regulating Book /Design Guidelines shall be initiated and processed to completion and adoption by the City within eighteen (18) months following the effective date of this Restoration SCD land use amendment. For this purpose, the effective date shall be the date upon which this amendment is finally approved and not subject to further appeal or review. Policy 11.1.1 below details the content of the Regulating Book /Design Guidelines. The SMMP shall be prepared for processing and review consistent with the time constraints set forth herein and as set forth in the DRI 079826, 000001, 103241005.1, SCD Redline to Original Development Order adopted concurrently herewith. The SMMP shall contain minimally the information, protocols and procedures set forth in Policy 4.1.11 below. The PUD approval together with the Master Development Plan, Regulating Book /Design Guidelines and the SMMP shall be processed in accordance with the ordinary procedures of the City. In no event shall the City of Edgewater issue permits or development approvals, including the execution of any PUD Agreement or allow construction /work to commence on the Restoration project prior to the completion and adoption of each of the above - described documents. GOAL 2: DEFINING THE COMPONENTS OF SUSTAINABILITY IN RESTORATION SCD: The Restoration SCD is designed to and shall be developed with a mix of uses including, residential, commercial, recreational and governmental uses to be accompanied by both "active" and "passive" open space as those terms are hereinafter defined. Objective 2.1: Sustainability. To ensure that the Restoration SCD is sustainable, the following principles shall be implemented as comprehensive plan policies: Policy 2.1.1: Contain a mixture of uses within the Restoration SCD land use that provides for a balance of commercial, residential, recreational, open space (active and passive), resource protection, educational and other supporting uses. Policy 2.1.2: Preservation of open space and the management, restoration and preservation of important environmental systems. Policy 2.1.3: A design that is based on the principles of Smart Growth, Traditional Neighborhood Design ( "TND "), New Urbanism, Transit Oriented Design ( "TOD ") and the urban to rural transect as accepted by the Congress of New Urbanism and defined in the Smart Code, Version 9.0 ©. As such the Restoration SCD shall include walkability, compact development patterns, quality architecture and urban design, and a hierarchy of streets or street systems to foster connectivity and pedestrian mobility as well as alternate modes of travel, including transit. All are to be appropriately located in a transect -based community that includes a range of transects from T5 Urban Center to T1 Natural Zone as the same are described in the Congress of New Urbanism and Smart Code, Version 9.0 ©. Policy 2.1.4: A diversity and choice of housing types, settings and price points ranging from lower density more sub -urban type development to higher density, compact development patterns and variety will be required in order to limit sprawl. Housing types will include mid -rise stacked flat product both as stand -alone residential and 079826, 000001, 103241005.1, SCD Redline to Original residential above commercial. Single - family detached residential on varying lot sizes, Carriage homes, Village homes, Garden homes and Townhouses will be provided. Multifamily products will also include for rent product. Some for sale product may be offered as a condominium. The mix of product types will vary depending on the section of the community in which the housing is developed, but overall the Restoration SCD will have approximately forty -five percent (45 %) single family and fifty -five percent (55 %) multifamily. Policy 2.1.5: The provision of opportunities throughout all phases of the development for residents to work in the Restoration SCD, thereby reducing automobile dependence. Policy 2.1.6: The utilization of selected sustainable development techniques that promote the reduction of greenhouse gases, energy efficiency, water conservation and alternative transportation options. Policy 2.1.7: Promote the efficient and effective use of utility and transportation infrastructure. GOAL 3: MIXED -USE FACILITIES. The Restoration SCD development shall be required to provide a balanced mix of uses in order to facilitate meeting the goal of sustainable community development. Objective 3.1: Provide for Land Use Designations which Promote a Mix of Uses. In order to accomplish the Goal, the City of Edgewater shall require and facilitate the development of a transect -based urban mixed -use community that relates to and is an extension of the existing city, through the adoption of land use designations described herein through the Restoration SCD. Policy 3.1.1: The following land use designations shall be required within the Restoration SCD. These designations are not separate future land use categories, but are intended to further guide the form and design of the development that is permitted in the Restoration SCD. Specific uses, square footages and number of dwelling units shall be memorialized in the DRI Development Order. However, the total number of dwelling units within Restoration shall not exceed 8,500 and the total number of non - residential square feet shall not exceed 3 square feet. The acreage calculations set forth in the land use designations set forth below are net of and exclude acreage used for Williamson Boulevard, Indian River Boulevard, manmade lakes and storm water detention areas, overhead utility lines, and schools. Subject to the foregoing, the Land Use Designations within Restoration are as follows: 079826, 000001, 103241005.1, SCD Redline to Original a. Residential ( "SCD -R "). This designation supports a variety of housing types including single family, townhomes, coach homes, condominiums, multifamily rental apartments, together with appropriate civic, institutional and recreational uses along with accessory dwelling units associated with single- family residential units. The Residential designation is primarily characteristic of a T -4 and T -5 transect, with some outer portion being a T -3 transect. • Size: Approximately 598 Acres (+ or -) • Residential Units: 4,043 Maximum; 2,000 Minimum b. Mixed -Use Town Center ( "MUTC "). The Mixed -Use Town Center is designed to be the commercial core of the Restoration SCD. This designation shall require a vertically integrated mixture of higher density and intensity uses and development, providing multi - family housing, hospitality and lodging, commercial retail and service, office uses and civic, government, institutional, and recreational uses. "Big Box" retail development, defined as retail establishments in which one or more of the stand -alone facilities are equal to or larger than 75,000 square feet, shall only be permitted in the Mixed -Use Town Center, but the design of the same shall be consistent with the integration of the other uses required for this part of the Restoration development. • Size: Approximately 88 Acres (+ or -) • Residential Units: 1000 Maximum, 450 Minimum • Maximum Residential Density: 36 du /acre • Maximum Non - residential Intensity: 1,200,000 SF • Minimum Non - residential Intensity: 550,000 SF c. Work Place ( "WP "). The Work Place designation is designed to be the primary employment center for the Restoration SCD. Importantly, it is not the exclusive employment center as a significant number of jobs are anticipated within both the MUTC and TRC described elsewhere herein. Permitted Uses within the Work Place include office, institutional, light industrial, civic, lodging, multi- family residential, and convenience commercial uses serving the needs of businesses and workers employed within the Work Place. 079826, 000001, 103241005.1, SCD Redline to Original • Size: Approximately 79 Acres (+ or -) • Maximum Residential Density: 36 du /acre • Minimum Residential Density: 15 du /acre • Maximum Nonresidential Intensity: 1,003,547 SF • Minimum Non - residential Intensity: 500,000 SF • Residential Units: The number and placement of residential product in this area shall be market driven but to the extent used shall be developed as multi- family and deducted from allowable residential density in any other Land Use Designation herein so that the total of residential units does not exceed 8,500. d. Transit -Ready Corridor ( "TRC "). The TRC is specifically designed to accommodate residential densities and commercial intensities in a mixture of uses that shall support public transit. This designation is to be located along the major arterial corridor of the Restoration SCD which is to be designed as a multiway boulevard that can eventually support streetcars, buses, pedestrians, bicyclists and autos, while creating a walkable urban environment. Permitted uses within the TRC include commercial, office, institutional, civic, residential and lodging. • Size: Approximately 85 Acres (+ or -) • Residential Units: Maximum 3,457; Minimum 2,000. A minimum of 35% of the residential product in this portion of the Restoration SCD shall be developed as mixed use (i.e., residential above commercial.) • Maximum Residential Density: 36 du /acre • Minimum Residential Density: 15 du /acre • Minimum Non - residential Intensity: 200,000 SF • Maximum Non - residential Intensity: 1,305,000 SF. e. Utility Infrastructure Site. The area designated on Map "H" attached to the DRI Development Order and on the CDA Map attached hereto and labeled as Utility Infrastructure Site is to be developed with appropriate utility infrastructure to expand the city's capacity to deliver water, sewer and wastewater facilities. f Schools. In order to provide residents within the Restoration SCD access to schools, two school sites totaling 85 acres have been identified and shall be dedicated to the Volusia County School Board ("School Board ") in accordance with the terms 079826, 000001, 103241005.1, SCD Redline to Original and conditions of a Capacity Enhancement Agreement ( "CEA ") entered into between the School Board, the City and the developer, the same being recorded in the Public Records of Volusia County, Florida at O.R. Book 6313, Page 219, Public Records of Volusia County, Florida. See Policy 9.1.1 for administration of CEA. g. Open Space. The Open Space designation is designed to and shall protect and permanently preserve Activity and Resource Based Open Space areas throughout the Restoration SCD. Additionally, Resource Based Open Space may, subject to the terms of permits to be obtained from either or both of the St. Johns River Water Management District or the U. S. Army Corps of Engineers, provide for mitigation for impacts to wetlands that shall result from development activities within the SCD /Community Development area of the Restoration SCD as depicted on the CDA Map. These areas and the administration of them are further defined below. Policy 3.1.2: Within each of the land use designations identified above, it is recognized that to achieve the overall objective of the Restoration SCD, some or all of the following additional uses are authorized in all of the land uses described above, to -wit: conservation or mitigation areas and stormwater management areas. Within the built environment, ancillary uses that are supportive of the identified land use designations shall also be allowed on a case -by- case basis, and shall be reviewed as part of the building review process of the City. Policy 3.1.3: Development may only be permitted within the Restoration SCD if consistent with the land use designations set forth above. In order to maximize the attributes of the urban form, the City shall require that the Restoration SCD utilize density in concert with the mixing of uses, the development of population and employment centers, the interconnection of streets and the design of structures and spaces within the Restoration SCD so as to support a variety of lifestyles and needs. All uses may be mixed horizontally on a site or may be contained within multiple use buildings such that differing uses exist vertically in one building or structure. Where residential product is located above commercial, retail, office or institutional uses and located in the MUTC, the WP or the TRC land use designations, such product shall be considered as mixed - use and treated as "commercial' development under the Land Development Regulations of the City. GOAL 4: OPEN SPACE /NATURAL RESOURCE MANAGEMENT AND PROTECTION STANDARDS: The City shall require that development under the 079826, 000001, 103241005.1, SCD Redline to Original Restoration SCD designation does not adversely impact the function and value of natural resources located in either the "Conservation" or the " SCD / Conservation /Restoration" areas as noted on the CDA Map attached hereto. Development standards for land use activities in these areas will be more restrictive than other areas and will be limited as provided hereinafter in Objective 4.1. Because high- density and intensity development are a recognized part of the Restoration SCD planning protocol, impacts to natural resources and systems will occur but the vast majority of those are limited to the areas labeled as SCD /Community Development on the CDA Map. Impacts that do occur will be allowed only with appropriate mitigation for the loss of the function and value of those natural resources as provided for within the regulatory framework of the local, state and Federal government programs and consistent with the Objectives and Policies discussed below. Conformance to the Objectives and policies associated with this Goal shall be deemed to establish consistency with Policy FLUE 1.2.6. Objective 4.1: Minimization of the Impacts of Development on the Natural Environment. Within the Restoration SCD, development shall be directed only to those locations on the CDA Map labeled as SCD /Community Development, except that minimal intrusions into the Conservation and SCD Conservation /Restoration areas noted on the CDA Map shall be authorized for maintenance of utility infrastructure such as roads, storruwater management systems and to service and maintain the ecological restoration contemplated as part of this development and as authorized by the state and Federal government in permits issued by the same, limited recreational access shall be allowed and appropriate trails and bike paths constructed. Development within the Restoration SCD is to be designed so as to minimize the impact on natural resources and systems with the ultimate goal at build out to be that the built environment and the natural environment can coexist to the fullest extent practicable as a seamless undertaking. Policy 4.1.1: Requirement of Appropriate Environmental Studies. Because the Restoration SCD is located within NRMA, the developer and other stakeholders have completed appropriate environmental studies to guide development so that it is clustered in the most suitable locations on the site consistent with Objective 4.1 above. Policy 4.1.2: Protection of Environmental System Corridor Lands. A portion of the Restoration SCD is within an area formerly designated on the Volusia County FLU Map as Environmental System Corridor ( "ESC "). The portion of the ESC lands lying within the area designated as SCD Community Development Land on the CDA Map will be impacted by the proposed development. Notwithstanding those impacts, the City of Edgewater shall require that substantially all of the remaining ESC lands be protected so as not to degrade natural functions and values, and to maintain ecological integrity and eco- diversity within such lands. The goal is that the remaining ESC lands shall contribute to an interconnected system of integrated habitat. Minimal impacts to these remaining ESC lands will occur, but only at the edge of the SCD Community Development Lands and for road or bridge crossings connecting portions of the build envelope and for other uses authorized for Resource Based Open Space. Accordingly, the remaining ESC 079826, 000001, 103241005.1, SCD Redline to Original lands are to be placed in either the Conservation area or the SCD Conservation /Restoration areas of CDA Map and designated as Resource Based Open Space. Impacts to and the management of the ESC lands shall be accommodated through Policy 4.1.3 and 4.1.10 below. Policy 4.1.3: Designation of Land as Resource Based Open Space. The Restoration SCD shall designate lands to be set aside as Resource Based Open Space. In doing so, the Restoration SCD shall be guided by the Natural Resources of Regional Significance decision support model of the East Central Florida Regional Planning Council ( "ECFRPC "). Utilization of this model shall result in the protection of the majority of wetlands on site, and all wetlands within the areas to be designated as Resource Based Open Space shall be preserved and restored consistent with the protocols described below. Impacts to wetlands shall occur in the areas labeled SCD Community Development on the CDA Map and when they occur, appropriate mitigation through preservation and restoration within the areas labeled Conservation and SCD Conservation /Restoration on the CDA Map shall be provided to ensure that there is no overall net loss of wetland function and value. The determination of net loss of wetland function and value shall be undertaken using the approved methodology and protocols in use by the St. Johns River Water Management District and the U.S. Army Corps of Engineers. Policy 4.1.4: Minimum Open Space Requirements. Because the Restoration SCD is to be developed within an overall plan of natural resource management that minimizes adverse impact to existing natural resources, the plan of development shall conserve large areas of uninterrupted environmentally sensitive areas which shall need to be restored and managed as part of a system for habitat, wetlands, surface water protection and to provide recreational opportunities (both active and passive). Accordingly, not less than fifty percent (50 %) of the Restoration SCD shall be in permanent, protected open space consisting of a mix of Activity and Resource Based Open Space. The location of the Resource Based Open Space within the Restoration SCD has been determined and is shown on the CDA Map as Conservation and SCD Conservation /Restoration areas. Activity Based Open Space shall be located within the areas shown on the CDA Map as SCD Community Development. Policy 4.1.5: Volusia County Environmental Core Overlay. All lands designated by Volusia County as Environmental Core Overlay or ECO Lands (Map "A ") and located within the boundary of the Restoration SCD development shall be protected as integrated 079826, 000001, 103241005.1, SCD Redline to Original habitat and managed to protect its ecological function. Such lands are shown on the CDA Map as Conservation and shall additionally be designated as Resource Based Open Space lands and protected as such. Policy 4.1.6 Location of Development within Restoration SCD. Urban development within the Restoration SCD shall be clustered on the eastern one -third of the Restoration SCD towards the right -of -way of Interstate 95 and within the area labeled on the CDA Map as SCD Community Development. The built environment within this area shall encompass innovative land development practices which promote sustainability, as well as, conservation and conservation management. It is recognized that the clustering of development in this portion of the Restoration site and the development of the same in an urban form shall result in the loss of some wetlands, but the developer shall impact only those wetlands which have been determined through applicable regulatory review to be of less ecological significance to the overall integrity of the larger wetland regime that encompasses the Resource Based Open Space. Policy 4.1.7 Resource Based Open Space /Environmental Resource Permit. Where land development proposals of the Restoration SCD are subject to the St. Johns River Water Management District Environmental Resource Permit process, the secondary impact requirement (pursuant to Section 12.2.7 of the Management and Storage of Surface Waters Handbook) shall satisfy the intent of this goal. The protected Resource Based Open Space shall be designed as integrated habitat so to as enhance habitat protection and protect its ecological function as set forth below. Policy 4.1.8: Minimization of Wetland Impacts. As noted in Policy 4.1.6 above, the clustering of development in the urban form will result in the loss of wetlands. Which wetlands are to be lost to development is to be determined through applicable Federal and state regulatory review, but the goal is to avoid wetland impacts to the fullest extent practicable. Wetland impacts that cannot be avoided after regulatory review under applicable law shall be compensated for through appropriate mitigation so as to ensure that there is no overall net loss in wetland function and value. Policy 4.1.9: Defining Open Space. Open Space shall include (1) Activity Based Open Space and (2) Resource Based Open Space areas within the Restoration SCD. The Restoration SCD shall contain approximately 3,872 acres (+ or -) of Resource Based Open Space. a. Activity Based Open Space is open space that has generally been developed by the developer in order to provide areas for 079826, 000001, 103241005.1, SCD Redline to Original active recreation in a post - development setting. As such, it includes areas such as walkways, bikeways, trails, lakes, picnic areas, playgrounds, tot -lots, neighborhood parks, plazas and sports and active parks (baseball, tennis, swimming, soccer facilities, boardwalks, etc.). b. Resource Based Open Space is open space intended to protect and enhance environmental systems. Consistent with Policies 4.1.3, 4.1.4 and 4.1.7 above and 4.1.10 below, it may include in addition to areas set aside for ecological preservation, enhancement and restoration, nature trails, conservation education programs, observation decks and similar facilities including lakes used for detention or retention of surface water. Policy 4.1.10: Protection Standards for Resource Based Open Space. Resource protection standards for Resource Based Open Space is to be provided for in the Restoration SCD by the preparation and adoption of a Site Mitigation and Management Plan ( "SMMP ") as provided in Policy 1.1.3 above and the DRI Development Order. The purpose of the SMMP is to provide for the imposition of a set of site mitigation and management protocols designed to ensure the long -term maintenance by the developer, its successors and assigns, (See Policy 11.1.5 below) of the ecologic value of the Resource Based Open Space within the Restoration SCD and the effective integration of the same into the built environment. The following principles shall form the basis of the SMMP. a. Resource Based Open Space in the Restoration SCD shall, to the greatest extent practicable, be aligned and connected so that free and unencumbered movement from one section of the Resource Based Open Space to another is achieved within the boundaries of the Restoration project. To the extent practicable and in order to promote habitat connectivity external to the Restoration SCD, the Resource Based Open Space shall be aligned with and connected to like natural systems outside the boundaries of the Restoration project. Areas set aside for Resource Based Open Space may be accessed by walkways, boardwalks, trails and bikeways where such access is consistent with the maintenance of the ecological resource and its habitat values. Resource Based Open Space may include facilities for environmental education and research. b. Resource Based Open Space areas shall be designated, permanently protected, and maintained as undeveloped and /or restored or enhanced conservation areas that are accessible for 079826, 000001, 103241005.1, SCD Redline to Original passive recreational uses consistent with the protocols of the SMMP and permits issued by either the state or Federal government. Resource Based Open Space shall be selected and designed according to the following principles: (i) ECO Lands, Environmental System Corridors, wetlands, natural and historic resources shall receive top priority for and be a part of the designated Resource Based Open Space area. (ii) Resource Based Open Space shall be designed as a contiguous area to eliminate or minimize fragmentation and promote the formation of linked networks with existing or potential Resource Based Open Space areas on adjacent properties, or other developments. (iii) Resource Based Open Space areas may include storm water management facilities. (iv) To the extent that roads are necessary for access to the Conservation and SCD Conservation /Restoration areas as shown on the CDA Map, they shall, to the fullest extent practicable, avoid wetlands and other ecological resources that comprise the environmental integrity of these areas. (v) Resource Based Open Space, all of which is located within the areas shown on the CDA Map as either Conservation or SCD Conservation /Restoration shall be permanently protected by conservation easement so that such areas are and remain undeveloped in perpetuity by recording the Conservation Easement in the Public Records of Volusia County, no later than the date of the issuance by the City of the first building permit authorizing the construction of horizontal improvements or land clearing on the Restoration site or such earlier time as might be required by either the state or Federal government in their respective permits authorizing impacts to wetlands within the Restoration site. The Conservation Easement(s) providing for such protection shall run with the land and shall be written in such a manner 079826, 000001, 103241005.1, SCD Redline to Original so as to provide for enforcement rights by the Grantees, the City of Edgewater, the St. Johns River Water Management District and to the extent required, third party enforcement rights by the U.S. Army Corps of Engineers and any other party or person that the permits authorizing the wetland impacts might require. The Conservation Easement(s) shall be set forth in the Covenants, Conditions and Restrictions ( "CCRs ") of the Restoration SCD and recorded in the Public Records of Volusia County. The CCRs shall be provided to each subsequent land owner within the Restoration SCD. (vi) Resource Based Open Space shall be managed according to the SMMP and /or the terms and conditions set forth in any Conservation Easement encumbering the same or by any other entity or format authorized under Policy 4.1.12 below. Policy 4.1.11: SMMP Requirements and Minimum Standards. Resource Based Open Space protection standards are to be provided for in the Restoration SCD by the preparation and adoption of a Site Mitigation and Management Plan ( "SMMP ") which by its terms will incorporate by reference all terms and conditions imposed by both the SJRWMD and the ACOE in the issuance of their respective permits. The purpose of the SMMP is to provide for the imposition of a set of site mitigation and management protocols which shall ensure the long -term maintenance of the ecological values of the Resource Based Open Space and the effective integration of the same into the built environment. In addition, the SMMP will detail the protocols to be followed in the design, planning and implementation for the restoration of wetlands and uplands within the Resource Based Open Space. With respect to the wetlands restoration, the goal is to restore the landscape back to a "native Florida ecosystem" by reversing the effects of the silviculture operation that has characterized the use of the project site for the past fifty plus years. This will be accomplished by the developer of the Restoration SCD, its successors and assigns, by among other things (1) selectively timbering the existing pine plantation so as to return upland pine forest to native pine flatwoods; (2) creating a herbaceous layer understory; (3) removing planted pines from wetlands; (4) restoring natural hydroperiods in a manner that is consistent with the various wetland types found in the Resource Based Open Space; (5) removing and managing exotic infestation; (6) managing 079826, 000001, 103241005.1, SCD Redline to Original hydrology by plugging selected ditches and canals; (7) managing hydrologic conditions through its integration into the master stormwater system; and (8) restoring natural sheet flow through the Spruce Creek Swamp. Further, with respect to the wetlands restoration as described above, the restoration will be commenced prior to any impacts to wetlands unless an earlier start date is required by the terms of the ERP Permit to be obtained from the SJRWMD or the Section 404 Permit to be obtained from the U.S. Army Corps of Engineers and once started shall continue until completion of the wetlands restoration project, but in no event shall the completion of the wetlands restoration project exceed five (5) years after commencement. See Policy 11.1.5 relative to administration of cost for the wetland restoration. In addition to the foregoing, the SMMP shall set standards and management protocols for the following matters: (1) trees and tree removal, (2) habitat of protected species, (3) flood hazard management, (4) performance standards for development, (5) potable water and well field protection, (6) erosion control, (7) post - development land management protocols to include water conservation and landscape standards incorporating drought tolerant and native vegetation, (8) identification of ownership and management responsibilities and (9) fire management. The matters noted above are the minimum to be included in the SMMP, and are not necessarily exhaustive, it being the intention of the City and the developer of the Restoration SCD to prepare a SMMP that is site specific and addresses all issues essential to the maintenance of the ecological systems within the Resource Based Open Space. Notwithstanding the foregoing, the SMMP will defer to and incorporate by reference the terms and conditions of the Federal and /or state permits to be obtained and the same shall be controlling of the undertakings of the developer, its successors and assigns, as the same pertain to the restoration, enhancement and management of the Resource Based Open Space; (i.e., the St. Johns River Water Management District ERP Permit pursuant to Chapter 403, Florida Statutes, and the implementing regulation and rules of the District found at 40C -4001 and 40C- 42.011 et. seq. F.A.C., and the U.S. Army Corps of Engineers Section 404 Permit pursuant to 33 U.S.C. Section 1344 et. seq. and 16 U.S.C. Sections 1536 and 1539 et. seq.). Accordingly, the City shall defer to the requirements of the same, but the City shall reserve the right to review such regulatory outcomes and determine whether or not such outcomes are substantially consistent with the guidelines 079826, 000001, 103241005.1, SCD Redline to Original enumerated here. The SMMP must be reviewed and approved by the City and other stakeholder agencies with particular competency in the subject under review consistent with the requirements of the DRI Development Order and the SMMP shall be incorporated into the DRI Development Order by reference and made a part thereof through a Notice of Proposed Change (NOPC). Policy 4.1.12: Ownership of Activity or Resource Based Open Space. Ownership of either Activity or Resource Based Open Space shall be by one or a combination of the following: (1) a homeowner's association, (2) a land trust, (3) a qualified conservation organization, (4) a Chapter 190, Florida Statutes, Community Development District or (5) another public agency deemed acceptable to the City and the developer. Where Resource Based Open Space is subject to a conservation easement held by the city, county, state or Federal government or a qualified conservation organization, then the developer, or its assignee, may continue to hold underlying fee title to the identified Resource Based Open Space. GOAL 5: COMMUNITY DESIGN: PRINCIPLES OF TRADITIONAL NEIGHBORHOOD DESIGN AND NEW URBANISM: The City shall establish Restoration SCD Design Policies to ensure walkability and connectivity using design principles that are consistent with Traditional Neighborhood Design, Transit - Oriented Development and New Urbanism as these terms are understood in the literature of the Congress of New Urbanism, the Urban Land Institute and other like -kind organizations. These Policies shall control the design of the built environment within the Restoration SCD. They are set forth below and shall be further memorialized and detailed in a Regulating Book /Design Guidelines to be adopted by the City consistent with this Restoration SCD land use and in conjunction with the PUD zoning of the Restoration site. Objective 5.1: Design Attributes, The City shall define the essential design attributes that must be a part of the development within the Restoration SCD. They are listed here with the expectation that they shall be further refined and implemented through both the DRI Development Order and the Regulating Book /Design Guidelines. In all events the DRI Development Order and the Regulating Book /Design Guidelines must be consistent with the essential design attributes listed here. Policy 5.1.1: Walkability. To ensure that the Restoration SCD is pedestrian friendly the following design principles shall be incorporated into and made a part of the Regulating Book /Design Guidelines: a. At build out, all homes shall be within a half (0.5) mile of transit, a mixed -use activity center or facility or an institutional or civic use such as a school, government office. 079826, 000001, 103241005.1, SCD Redline to Original b. Streets are to be pedestrian friendly. Homes are to be built close to streets; with the majority of the homes having street- facing facades and /or porches, windows and doors. Other homes may be constructed in a manner that does not front on the street so long as the home is designed in a manner that is consistent with the principles of Traditional Neighborhood Design or New Urbanism. Mixed -use and commercial structures in the TRC shall in like manner be built close to streets with street facing facades and entrances. Streets are to be tree -lined and provide for on- street parking where appropriate. Parking lots and parking structures are to be hidden to the fullest extent practicable. C. Street and pedestrian -way lighting are to be designed to enhance safety and be consistent with "dark sky" objectives to the maximum extent practicable. d. Brick pavers, roundabouts, traffic circles and other traffic calming techniques are to be employed in key locations to enhance aesthetics, improve pedestrian access, reduce vehicle speeds and promote safety within all travel modes. e. Signs identifying streets, speed limits, and neighborhoods shall be designed to reflect neighborhood character. f. All streets having vertical development or units on one or both sides shall have sidewalks adjacent to the vertical development or units and such sidewalks shall be a minimum of five (5) feet in width to accommodate pedestrian activity. Sidewalks will be designed and constructed so that there is no break in a linear run of the same, except for street crossings. g. The City will require that the developer submit to the City both a bicycle routing and mobility plan, including a trail plan as a part of the Regulating Book /Design Guidelines to be reviewed and approved by the City. Policy 5.1.2: Connectivity. To ensure the efficient movement of people through the Restoration SCD, the following design principles shall be incorporated into and made a part of the Regulating Book /Design Guidelines. a. The street system shall be a well- connected grid based system that is fully integrated. Because the Restoration SCD shall develop over a period of years, the street system shall be designed to facilitate the expansion of the same as the community grows. 079826, 000001, 103241005.1, SCD Redline to Original b. The street system shall be designed in a hierarchy that provides for alternative cross sections to facilitate the development of narrow neighborhood streets, boulevards, and alleys. Streets are to be shaded by trees and interconnected both internally and externally to both move traffic efficiently through the Restoration SCD and to disperse traffic off site efficiently. Streets shall allow for on -street parking where appropriate and the location and configuration of the same shall be set forth in the Regulating Book /Design Guidelines. C. The arrangement and design of streets shall promote a pleasant, pedestrian and bicycle- friendly environment with an emphasis on convenient access to surrounding neighborhoods and community amenities. Restoration SCD road design standards may apply to County- or State - owned and maintained roads and as such be subject to County or State approval. GOAL 6: AFFORDABLE HOUSING /HOUSING CHOICE: In addition to the housing choices identified in Policy 3.1.1 above, the City shall require that the housing offered within the Restoration SCD shall be offered at a variety of price points, including affordable housing. Objective 6.1: Promote Diversity and Choice in Housing Options. The objective is a robust mix of different types and kinds of housing, and particularly housing targeted to those who have an Average Median Income ( "AMI ") that limits their housing choices. To ensure, to the fullest extent possible, that the Restoration SCD is developed as a socially and economically diverse community with a wide range of housing types, various price points shall be made available. Policy 6.1.1: Provide Affordable Housing. Within the Restoration SCD, ten percent (10 %) of all residential units shall qualify as "affordable housing" which for this purpose shall mean housing for which persons whose incomes fall between eighty percent (80 %) and one hundred forty percent (140 %) of Volusia County's AMI shall qualify to purchase. Policy 6.1.2 Housing Choice. Within the Restoration SCD, the developer will provide a diversity of housing products as described in Policy 2.1.4 above. GOAL 7: JOBS /HOUSING BALANCE: The City desires to reduce dependence on automobile travel and, therefore, vehicle miles traveled ( "VMI"). Accordingly, the Restoration SCD shall be required to develop and implement a program designed to ensure an adequate number of jobs per residential dwelling unit exists in the Restoration SCD at build out. Objective 7.1: The Reduction of VMT through a ,jobs -to - Housing Balance. The objective is to (1) reduce V IT and (2) establish and measure over time the jobs /housing balance 079826, 000001, 103241005.1, SCD Redline to Original so as to provide a framework for determining the number of jobs created and to measure the internal capture of trips within Restoration and to ensure a built community that, to the fullest extent possible, provides for alternative modes of transportation to and from the work and recreation places within the Restoration SCD. Policy 7.1.1 Community Mixed -Use Thresholds. To ensure a mixture of and balance between land uses and promote the creation of employment opportunities on the project site, the following mixed -use thresholds are established for the Restoration SCD: 1. Prior to the issuance of residential building permits for more than 1,500 dwelling units, there shall have been constructed a minimum of 180,000 square feet of nonresidential development; 2. Prior to the issuance of residential building permits for more than 2,500 dwelling units, there shall have been constructed a minimum of 300,000 square feet of nonresidential development; 3. Prior to the issuance of residential building permits for more than 5,000 dwelling units, there shall have been constructed a minimum of 600,000 square feet of nonresidential development; 4. Prior to the issuance of residential building permits for more than 7,500 dwelling units, there shall have been constructed a minimum of 900,000 square feet of nonresidential development; and 5. Prior to the issuance of residential building permits for the 8,500' dwelling unit, there shall have been constructed a minimum of 1,200,000 square feet of nonresidential development. Policy 7.1.2: Interim Measuring of Jobs /Housing Ratios. The Master Developer ( "Master Developer ") shall measure the jobs /housing ratio after the issuance of the final plats and /or commercial site plan approval as set forth below. The designated ratios are goals, but if there has been insufficient employment created pursuant to this Policy, the Master Developer shall confer with the City and the East Central Florida Regional Planning Council (ECFRPC) for the purpose of determining whether and to what extent the Master Developer has initiated and maintained a program designed to attract jobs and employment to the Project and the prospects for making up any shortfall in achieving the goals described below as the development progresses. If at check point (ii) or (iii) below, it is determined that the shortfall is material, that the efforts of the Master Developer to meet the jobs /housing ratio have not been at a level and with a consistency that evidences a good faith effort to meet the jobs /housing ratio, then the City may require appropriate mitigation to offset the failure to meet the established goal or, in its 079826, 000001, 103241005.1, SCD Redline to Original discretion, the City may suspend the issuance of residential building permits until the targeted thresholds agreed to by the City, the ECFRPC and the Master Developer as set forth here are met. This Policy is in addition to and not in limitation of Policy 7.1.1 above, it being the intention of the City that a series of different checks are to be made and evaluated as the development proceeds forward. The goals are, to -wit: (i) After the issuance of final CO's for the occupancy of the 3,400 residential unit 0.1 jobs per residential unit (ii) After the issuance of final CO's for the occupancy of the 6000 residential unit 0.5 jobs per residential unit (iii) After the issuance of final CO's for the occupancy of the 8000 residential unit 0.6 jobs per residential unit Policy 7.1.3 Build Out Jobs /Housing Balance. At build out of the Restoration SCD, a jobs -to- housing balance of 0.65 jobs per residential unit shall be achieved. During development of the Restoration SCD, the jobs /housing balance shall be measured at various intervals in accordance with the standards set forth above and in the DRI Development Order and the results shall be reported to the City, the ECFRPC and the Department of Community Affairs as often as the reports are generated so that progress toward the goal set forth here can be assessed and remedial action taken as determined to be appropriate under the procedures set forth here and in the accompanying DRI Development Order. Policy 7.1.4 The Jobs Calculation. For purposes of making the jobs calculation, the Master Developer may consider all jobs created within the boundary of the Restoration SCD and count them as one full job. Additionally, the Master Developer may consider such additional jobs as are created after the commencement of work on the Restoration site that are within a three mile radius of the boundary of Restoration and within the municipal boundary of the City. This latter category shall be counted as one -half job. To document the jobs calculation, the Master Developer must submit information which is specific to the type of industry or business; i.e. retail /office /industrial, and provide a map showing the location of each nonresidential development that is included. For 079826, 000001, 103241005.1, SCD Redline to Original this purpose, jobs created in the public sector, i.e. Federal, state or local government including school jobs whether private or public shall be included. Development which is under construction may be included, provided that vertical construction will be completed within eighteen (18) months of the date of the submittal of the documentation. The Master Developer may demonstrate compliance with these Policies by surveying the expansion of existing businesses and /or the creation of new businesses by utilizing the following employment ratios, to -wit: 350 square feet of office = 1 job 600 square feet of retail /commercial = 1 job If any actual survey of existing nonresidential development is utilized, the documentation must include information on the nature of the business including the name of the business, the date the information was generated and the name, address and telephone number of the individual supplying the information. GOAL 8: REDUCTION IN GREENHOUSE GASES: By utilizing the principles of Smart Growth, Traditional Neighborhood Design, Transit- Oriented Design and New Urbanism, the City seeks to reduce reliance on the automobile; and, therefore, reduce the production of greenhouse gases. Additionally, the City desires to moderate the demand for energy utilized to heat and cool houses and commercial structures built in Restoration, not only to reduce the production of greenhouse gases, but to conserve available energy resources. In the furtherance of this goal, the Restoration SCD development shall adhere to the following Objective and Policies. Objective 8.1: Reduce VMT through the Utilization of Sound Planning Paradigms. The objective of using the planning paradigms noted in the Goal is to create a framework that gives the City the best possible opportunity to reduce VNI'T and by doing so reduce the production of greenhouse gases. Further, the objective is to create a place where persons can live, work and play without undue reliance on the automobile while also enjoying a living environment that is "green." In order to implement this Goal and Objective, the Restoration SCD shall implement the following Policies: Policy 8.1.1: Compact Development Pattern. Compact development patterns shall be required so that land is used efficiently and at a density and intensity that assures that the planning paradigms noted herein are adhered to. Streets are to be narrow, buildings are clustered together and yard space is to be concentrated where it is most usable. These requirements shall be implemented through the adoption of the DRI Development Order and further refined and developed through the Restoration Regulating Book /Design Guidelines to be implemented as herein provided. Policy 8.1.2: Avoid Large Single Uses of Land and Provide for a Mixture of Land Uses. Except as otherwise provided at Policy 3.1.1(d), 079826, 000001, 103241005.1, SCD Redline to Original the Restoration SCD shall avoid large single uses of land and defer to a mixture of land uses. The Regulating Book /Design Guidelines shall provide for and require a mixture of uses to include residential, commercial, office, public /civic, recreation and Activity Based Open Space, and Resource Based Open Space all in a mixed -use configuration. This mix of uses shall occur both vertically and horizontally. On a vertical plane, commercial and retail uses may be augmented by residential uses above. With regard to horizontal mixin the developer shall create a mixture of residential uses in close proximity to commercial, in retail and service uses and public /civic uses. The developer shall also incorporate appropriate cost stratification of housing products to ensure housing at various price points is developed throughout and to comply with the policies noted above at Policy 2.1.4 and Policy 6.1.2. The overall policy requires a fully- integrated community with a variety and mix of housing products at various price points and serving a variety of markets. The SCD Total Land Area is 5,187.1 acres. Of that amount, approximately 3,872 (+ or -) acres have been designated as either Activity Based Open Space or Resource Based Open Space. The following maximum and minimum calculations are based on the portion of the Restoration SCD labeled as SCD Community Development on the CDA Map. This area is also referred to as the "build envelope" of the Restoration SCD. The build envelope consists of approximately 1,315.1 acres (+ or -). To ensure a variety of uses within the build envelope, the Restoration development shall be limited to the following: a. Residential— The minimum amount of residential shall be forty -eight percent (48 %) of the build envelope. b. Commercial— The minimum amount of commercial use (retail, service) shall be five percent (5 %) of the build envelope. C. Office — The minimum amount of office use shall be five percent (5 %) of the build envelope. d. Civic /Institutional — The minimum amount of Civic /Institutional use shall be six percent (6 %) of the build envelope. For this purpose, Civic /Institutional shall include schools, utility sites, and other like kind government facilities. e. Recreation and Open Space — The minimum amount of Activity and Resource Based Open Space shall be 079826, 000001, 103241005.1, SCD Redline to Original fifteen percent (15 %) of the build envelope. The minimum amount of Resource Based Open Space shall be fifty percent (50 %) of the SCD Conservation /Restoration and the SCD Community Development area noted on the SCD Conservation /Development Areas Map. f. Work Place — The minimum amount of work place to include office /light industrial use shall be two and one -half percent (2.5 %) of the build envelope. g. Mixed -Use — The minimum amount of mixed use which shall include a mix of at least two of either office, retail, institutional, service, public /civic and residential shall be five percent (5 %) of the build envelope. Importantly, when measured against the total land area of Restoration, approximately seventy - four point six percent (74.6 %) of the total land area of the Restoration SCD shall be lands outside of the build envelope. The "build envelope" of the Restoration SCD consists of approximately 1,315.1 acres calculated as the total land area of Restoration SCD (5,187.1 acres) less all Resource Based Open Space (3,872 acres). The Resource Based Open Space includes the Conservation Area and SCD Conservation /Restoration areas as shown on the CDA Map. The build envelope of the Restoration SCD is to be comprised of the use groups identified above. No single -use group may exceed fifty -three percent (53 %) of the build envelope. Policy 8.1.3: Walkable, Bikeable Community Design. The Restoration SCD shall incorporate a pedestrian and bike mobility system to provide for the efficient and pleasurable movement of pedestrian and cyclists throughout the development. This system shall include a hierarchy of pedestrian and bicycling facilities including sidewalks (at least five (5) feet wide), Bike Lanes (four (4) feet wide and limited to major arterials), multi- purpose recreational trails (at least ten (10) feet wide) and unimproved nature trails and boardwalks connecting residential areas with work, shopping, entertainment and open space /recreational opportunities. Pursuant to Policy 5.1.1(g) the developer will prepare and submit with the Regulating Book /Design Guidelines the details of the bike mobility plan and trail plan. Policy 8.1.4: Transit - Oriented Development. The Restoration SCD shall provide for the development of a Transit Corridor Plan. The Transit Corridor Plan shall lay out the strategy for the design, development and operation of a fixed -rail, electric transit system within the TRC to be built and operated by the developer and at no expense to the City. The transit system will operate in the TRC 079826, 000001, 103241005.1, SCD Redline to Original and be designed, permitted and constructed so that it is operational by 2021 or the end of Transportation Phase 2a as that term is defined in the DRI Development Order. In order to maximize the economic viability of the TRC, densities and intensities of development within both the MUTC and TRC shall, as set forth in Policy 3.1.1, be sufficiently high so as to support the utilization and economic viability of the transit system. To further assist in the economic viability of the transit system, the Regulating Book /Design Guidelines shall require that development at the site plan level be transit friendly to include reduced setbacks, pedestrian connections between buildings, parking in the rear of buildings, and the provision for transit shelters, provided, however, on -street parking shall be allowed in the multi -way boulevard described in Policy 8.1.5 below. In addition, the developer shall work with the City of Edgewater and Volusia County Public Transit System to ensure external connections are provided between the Restoration SCD, the City of Edgewater and other incorporated and unincorporated portions of Volusia County. The design of the TRC shall support and facilitate the optimum and safe operation of the transit system. Policy 8.1.5: Williamson Boulevard as a Multi -Way, Transit Ready Boulevard. Williamson Boulevard is to be the primary north- south transportation corridor within the Restoration SCD and shall be designed, permitted and constructed so as to support the operation of a fixed -rail, electric transit system that shall, upon completion, run along Williamson Boulevard through the Restoration SCD. As a multi -way, transit -ready boulevard, Williamson Boulevard shall have a design profile that accommodates the operation of the automobile, the electric transit cars, bicycles and pedestrians. The design, dimensions and alignment of Williamson Boulevard shall be driven by the requirement that it support the overall need for continuous, direct and efficient vehicular movement from surrounding areas of the City and County through the Restoration SCD, coupled with the requirement that it further the concept of a pedestrian- oriented and transit- ready, operational roadway. 079826, 000001, 103241005.1, SCD Redline to Original GOAL 9: SCHOOLS: The City and the Volusia County School Board seek to ensure that opportunities for residents of the City and Restoration shall have adequate school facilities to serve the City and Restoration. Objective 9.1: School Concurrency. Residential development within the Restoration SCD shall be planned to ensure sufficient capacity within the public school system to meet the population needs consistent with and subject to "school concurrency" requirements imposed by Volusia County School Board from time to time. Policy 9.1.1 Capacity Enhancement Agreement. The applications for the construction of residential housing product within the Restoration SCD shall be coordinated with the Volusia County School Board to determine if there shall be sufficient student capacity to meet the requirements of the new development pursuant to standards and procedures as more fully set forth in the Interlocal Agreement for School Planning, Public School Facilities Element, and Section 206 of the Volusia County Charter. To accommodate the management of school capacity within the Restoration SCD, the Volusia County School Board, the City and the developer have entered into a Capacity Enhancement Agreement ( "CEA ") which has been designed to ensure that public schools can be timely planned and constructed to serve the student population. The CEA has been recorded in the Public Records of Volusia County, Florida at O.R. Book 6313, Page 219, Public Records of Volusia County Florida. The conveyance of the school sites shall occur on the earlier of (a) approval by the City of a final site plat or a final plat for the 2,000"' residential dwelling unit or issuance of a Certificate of Occupancy for the same; or (b) upon approval by the City of all or a portion of the property wherein the portion of the property to be platted is to include one or the other of the parcels designated as school sites pursuant to the CEA. Consistent with the foregoing and the CEA, the developer shall convey to the School Board one or the other or both of the designated school sites upon completion of the School Board's inspection period and due diligence review. GOAL 10: RESOURCE EFFICIENT DESIGN AND OPERATION: The City requires that the Restoration SCD development include adherence to a suite of "green" building and design initiatives to the end that the structures (both residential and commercial) shall be designed, constructed and occupied using a variety of applicable green design and building protocols as hereinafter set forth. Objective 10.1: The Utilization of Defined Benchmarks and Metrics to Measure Success. Sustainable development practices are understood to include a variety of practices and protocols that are designed to allow development that promotes "resource efficiency" across a broad spectrum of resources. The primary objective of the City in promoting the Restoration 079826, 000001, 103241005.1, SCD Redline to Original SCD is to develop a rational and robust set of green infrastructure protocols that assure that development within the Restoration SCD uses a whole systems approach to the design, development, construction and operation of the Restoration SCD and to do so with defined benchmarks and metrics that can be used to measure success. Policy 10.1.1: Utilization of Innovative Sustainable Programs. The Restoration SCD shall utilize a number of innovative sustainable development techniques and measure the success of each to determine their individual and collective impact on conserving energy and water resources, internalizing trip capture and providing appropriate landscapes and biodiversity. The protocols to be used shall include the following: a. Site Design and Land Use. Calculate the density of residential units and intensity of non - residential units within the Restoration SCD in order to measure jobs per unit. Focus site design on creating required synergies to enhance and improve prospects for a walkable, transit - ready and transit -using community. b. Landscape and Biodiversity. Create balanced, multispecies living environments within the context of East Central Florida using native and other appropriate vegetation in the landscape palette with the goal of reducing water usage and treating groundwater so as to remove identifiable pollutants. Landscaping within the built environment shall be substantially designed and installed using the University of Florida's Florida Friendly Plant List and managed in accordance with the University of Florida Yards and Neighborhoods Recognition Checklist Oanuary 2007 Version). C. Transportation. Create multi -model synergies that facilitate a reduction in the use of the automobile, promote pedestrian and bicycle utilization and the use of transit. d. Energy. Design the built environment so it reduces the use of energy by incorporating green development practices in building design, construction and operation. Certification programs certifying compliance with this protocol that would satisfy the same are the United States Green Building Coalition Commercial Standard certification for commercial structures and for residential structures, USGBC LEED for Homes or FGBC Green Home Designation Standard. All buildings constructed within the Restoration SCD shall meet one of these criteria. 079826, 000001, 103241005.1, SCD Redline to Original e. Water. Design the water management system so that as nearly as possible it incorporates total water balance into the design, construction and operation of the development. The benchmarks and metrics by which the City and the developer shall measure "sustamability" shall be set forth and detailed in the DRI Development Order that is to accompany the adoption of this text amendment. It is recognized that the standards and protocols which define sustainability are constantly evolving such that what is determined to be acceptable today may be unacceptable tomorrow. As new programs or technologies emerge that may be more supportive of the goals that are both explicit and implicit in the development of the Restoration SCD, the City and /or developer shall seek to incorporate them into the DRI Development Order by using adaptive management over the life of the Restoration SCD. The goal is to ensure that the most current programs, policies and protocols are used throughout the life of the Restoration SCD. GOAL 11: CONFORMANCE WITH THE GOALS, OBJECTIVES, POLICIES: The City shall ensure that development within the Restoration SCD area is in conformance with the goals, objectives and policies, contained herein, through the execution of the DRI Development Order, the adoption of Restoration Regulating Book /Design Guidelines, the adoption of the Restoration PUD Zoning Overlay and such further and other agreements as may be necessary to ensure the outcomes contemplated by this land use text amendment. Objective 11.1: Maintaining Conformity with Goals, Objectives and Policies. The objective of the City is to make sure that the broadly- stated goals, objectives and policies described in this Restoration SCD text amendment are refined and set forth in more detail in the DRI Development Order and accompanying documents and agreements so as to ensure to the fullest extent practicable that the Restoration SCD shall be developed and managed consistent with this text amendment. Policy 11.1.1: Creation of the Restoration Planned Unit Development. The City shall allow development of the Restoration SCD or any portion of the same to proceed upon the adoption of the Restoration Sustainable Community Development /Planned Unit Development ("SCD /PUD ") zoning category and the accompanying Regulating Book /Design Guidelines in a form that is consistent with the Restoration DRI Development Order and the Restoration SCD Future Land Use Category together with the SMMP as previously provided in Policy 1.1.3 above. This shall require the preparation, submission and approval of a SMMP, a Zoning /Land Use Plan and a Restoration SCD /PUD prior to the initiation of construction within the Restoration SCD, or any sub - districts, or portion thereof. Map "H," as approved and appended to a DRI Development Order, shall serve as the basis for a Zoning /Land Use Plan. The Restoration SCD /PUD Regulating Book /Design Guidelines shall contain planning and urban design standards that govern development within the Restoration SCD /PUD and where the Restoration SCD /PUD Regulating 079826, 000001, 103241005.1, SCD Redline to Original Book /Design Guidelines conflict with existing City Land Development Regulations, the Restoration SCD /PUD Regulating Book /Design Guidelines shall control. All properties to be developed shall undergo the Restoration SCD /PUD Rezoning process, which involves two steps: Step 1: Zoning /Land Use Plan approval provides zoning approval on the overall Restoration site. Step 2: Development Plan approval may occur in a staged process and as increments of the overall Land Use Plan are submitted for approval. A Development Plan may be approved by the City Council after review by the Planning and Zoning Board. Nothing herein shall preclude the developer from making application to the City to amend or modify a previously adopted Zoning /Land Use Plan as and when the developer determines such an application is appropriate. The Regulating Book /Design Guidelines shall address and describe in appropriate detail the following areas: ■ Principles of the Plan ■ Environmental/ Open Space Development Standards ■ Streets, Roadway and Utility Standards ■ Mixed -Use Town Center Development Standards • Work Place Development Standards ■ Residential Development Standards, ■ Infrastructure and Engineering Development Standards ■ Transit Development Standards ■ General Landscaping Standards ■ Lighting Standards ■ Signage Standards ■ Definitions Policy 11.1.2: Processing of Development Approvals. Because the Restoration SCD requires for its implementation the integration of a number of different land uses including office, commercial, retail, residential, recreational, institutional (including governmental) all of which are to be arranged within the built environment with a vigorous effort to utilize sustainable principles, it is recognized that modifications to the existing Land Development Regulations of the City are necessary and desirable to accommodate and allow for the implementation of the Restoration SCD. 079826, 000001, 103241005.1, SCD Redline to Original It is contemplated that the Restoration SCD shall accomplish the required modifications to the City Land Development Code through the review and approval by the City of the Regulating Book /Design Guidelines using the PUD zoning process to accomplish the same. The property within the Restoration SCD /PUD district shall be rezoned to PUD prior to commencement of development. The rezoning shall include a Zoning /Land Use Plan with a description of how the overall site plan meets the Goals, Objectives and Policies set forth herein. The Zoning /Land Use Plan and the accompanying Regulating Book /Design Guidelines shall define with particularity how each of the development components of the Restoration SCD /PUD development shall be implemented. The Zoning /Land Use Plan shall set forth the capacity for development inside the areas designated as Restoration SCD /PUD on a site - specific basis and in conformity with the limitations described herein. In addition to the maximum base amount of any specific land use category described herein, development capacity may be altered but may not exceed that which is set forth herein. Policy 11.1.3: Coordination on Transportation Improvements. Where road improvements required by the adoption of the Restoration SCD designation are provided for in the DRI Development Order contemplated by this designation, then the City of Edgewater will amend its Comprehensive Land Use Plan and its Transportation and Capital Improvement Elements to incorporate the road improvements provided for in the DRI Development Order. Where the road improvements are provided for in the DRI Development Order, but are outside the jurisdiction of the City, Interlocal Agreements with the affected jurisdiction shall be required and identify the source of capital and the timing of construction for those specific road improvements such that the road improvements are provided prior to development in the affected area of the Restoration SCD. The road improvements to be undertaken within the first five years of the development of Restoration are, or shall be, included in the City's CIE. Policy 11.1.4: Maximum Daily Trips at Build Out. The land use and resulting trip generation for the Restoration SCD land use shall not exceed 114,828 daily two -way trips at build out as calculated by the then current Institute of Transportation Engineers ( "ITE ") Trip Generation Manual. Policy 11.1.5: Funding of Public Facilities and Infrastructure. To ensure the provision of adequate public facilities that are fiscally neutral and avoid inequitable burdens on parties outside the Restoration SCD, public facilities and infrastructure for development within the Restoration SCD shall be funded and maintained by the developer, 079826, 000001, 103241005.1, SCD Redline to Original its successors and assigns, including, without limitation, a Community Development District ( "CDD ") formed in accordance with Chapter 190, Florida Statutes, or such other financial mechanisms that are not dependent upon a budgetary allocation of the City of Edgewater. For the purpose of this Policy, the term "public facilities and infrastructure" includes the following: (1) water and water supply systems, (2) stormwater management systems, (3) roads, (4) transit system, (5) sewer and wastewater systems, (6) fire, emergency operations, EMS and Police, and (7) restoration of wetlands, uplands and ecological features of the Resource Based Open Space. To the extent a new city hall is to be built, the provisions of the DRI Development Order shall be controlling for purposes of allocating the financial responsibility for the same. GOAL 12: FLOOD PLAIN MANAGEMENT: The City, in the furtherance of the Restoration SCD, recognizes that modifications and adjustments to its Land Development Regulations are necessary to accommodate the Restoration SCD. Those adjustments shall be undertaken consistent with the Policies set forth below. Objective 12.1: Revised Flood Plain Management Policies and Protocols. The objective is to create a series of Policies that are consistent with established state and Federal law and protocols to ensure the proper administration of floodplain development and management in a post - development setting within the Restoration SCD. Policy 12.1.1: Floodplain Management. The City shall maintain a floodplain management ordinance, which includes the development standards required for participation in the Federal Emergency Management Agency ( "FEMA ") National Flood Insurance Program. The ordinance shall require that any new construction or substantial improvement of any existing structure have the lowest finished floor elevated to at least one (1) foot above the established 100 - year flood elevation. Policy 12.1.2: In areas that are designated by FEMA as Zone "A" (no elevation established), a flood study of the Restoration SCD site, as prepared by a qualified State of Florida Licensed Professional Engineer, subject to technical review by the City, shall be required to establish the existing base flood elevation(s). Such flood studies shall be submitted to FEMA as a Letter of Map Revision ( "LOMR ") to establish the existing conditions base flood elevation(s). Elevations shall be established prior to approval for construction of any portion of the project lying within the existing FEMA flood zone. 079826, 000001, 103241005.1, SCD Redline to Original Policy 12.1.3: After establishment of the FEMA Base Flood elevation(s), all new projects must protect the natural functions of the floodplains in the City and adjacent jurisdictions, with the understanding that new major projects occurring within the Restoration SCD Future Land Use Designation area may provide for innovative floodplain protections and provision of compensating storage (based on the open space set - aside), and may be used to redefine the floodplain Emits subject to the Restoration SCD /PUD Regulating Book /Design Guidelines described above. The Restoration SCD /PUD Regulating Book /Design Guidelines shall include requirements that the proposed design demonstrates that there are no adverse flood impacts to any offsite properties. The floodplain management procedures and regulations established in the SCD /PUD Regulating Book /Design Guidelines as approved by the City shall supersede the current floodplain management standards contained in the City's Land Development Code and be controlling for purposes of the Restoration SCD. Policy 12.1.4 Following approval of the conceptual master plan as required for site PUD zoning, a site -wide FEMA Conditional Letter of Map Revision ( "CLOMR ") establishing the proposed site -wide floodplain management program, floodplain extents and elevations shall be submitted to FEMA. The developer must submit the CLOMR prior to the commencement of any construction project that impacts areas within the existing FEMA flood zone limits. Policy 12.1.5 All construction projects to be undertaken with the Restoration SCD shall submit engineering calculations to the City for review to the extent required by the City to demonstrate that the project to be undertaken is consistent with the floodplain impacts and mitigation as approved in the CLOMR floodplain management program. Policy 12.1.6 The floodplain management program to be included in the CLOMR shall comply with Section 804.01(3) of the Volusia County Land Development Code. Objective 13: Restoration Sustainable Community Development District ("SCD'). The Restoration SCD is hereby established as shown on the Map I -8 Future Land Use Map ( "FLUM ") . Objective 14: Maximum Density and Intensity for Restoration SCD. The density and intensity of the Restoration SCD District shall be limited to 8,500 residential units and 3,300,000 square feet of non - residential square feet. The density and intensity of the approved project shall be indicated on the FLUM. 079826, 000001, 103241005.1, SCD Redline to Original u� VV W ff= cm= _ ct ct ct ct 0 Q 0 ct 0 Q U o C t o a� z a�. Exhibit A fic LU w LLJ ry LLJ uj Oz LU LQ gl o� LU Lu LU CO CITE' OF EDGEW,ATER, FL \1;aTP:R SUPPLY FACILITIES WORK PLAN F1' 2008 TO 2018 CITY OF EDGEWATER WATER SUPPLY FACILITIES WORK PLAN Fiscal Year 2008 to 2018 Introduction This Water Supply Facilities Work Plan (Work Plan or FWSWP) is prepared in conformance with Section 163.3184(3)(a) FS and Rule 9J- 11.006(1)(a)3 FAC. It is based on the information provided in the Data & Analysis prepared by Quentin Hampton Associates, Inc. relative to water demand projections, the water supply alternatives, the water conservation practices, the reuse practices, and the improvements to facilities that are necessary to meet demands. The Work Plan is the City's plan to meet current water demands and the anticipated growth in demand within its jurisdiction through 2018. The following items are included herein or attached for reference: • Figure 1 shows the City's utility service area. • Attachment A - 1999 Interlocal Agreement with Volusia County • Attachment B — Consumptive Use Permit • Attachment C — 2007 Tri-Party Agreement (City of Edgewater, City of Oak Hill and Volusia County) • Attachment D — Data and Analysis as prepared by Quentin L. Hampton Associates The City of Edgewater owns and operates the Alan R. Thomas Water Treatment Plant (WTP) and related facilities to supply the water needs of the City and a portion of Volusia County. The City of Edgewater provides both wholesale and retail water service. On October 26, 1999, an Agreement was signed to provide wholesale water service to Volusia County. In 2007, a Tri-Party Agreement was executed to provide additional wholesale water service to Volusia County to service areas within the City of Oak Hill. The County owns a distribution system within the southeast quadrant of Volusia County that is dependent upon Edgewater's supply of treated potable water. The areas subject to these agreements are illustrated in Figure 1. The agreements include a transfer of water and establish a rate structure for capacity charges and user fees. The City and County will be updating and revising the agreement to account for future needs. Magnolia Village is a private provider of potable water within the Edgewater service area. Current use is approximately 50,000 gallons per day (gpd). The area is shown on Figure 1. The owners of Magnolia Village have discussed the possibility of connecting to the City's distribution system, but have not yet decided to do so. The City has cooperated with developers of adjacent subdivisions to ensure the availability of distribution infrastructure when and if Magnolia Village decides to connect, and will continue to do so. The build -out demand of approximately 50,000 gpd associated with Magnolia Village is not included in the City's current projections or CUP. 1 The Potable Water Svstem Water Treatment Plant The City of Edgewater is served by the Alan R. Thomas Water Treatment Facility, which has a rated capacity of 5.0 million gallons per day (mgd). The plant is described as an enhanced lime softening facility. Current demand is less than 50% of plant capacity. High Service Pumt)ing and Storage The primary storage and pumping facilities are located at the Alan R. Thomas Water Plant. The plant site includes a 1.0 million gallon reservoir and a site reserved for a future tank of a similar size. The tank is a pre - stressed composite design reinforced concrete structure. It includes a domed roof in order to maintain quality prior to distribution. There are 200,000 gallons of storage in the clear well at the plant and 150,000 gallons in the Kumquat Tower. The City retains a storage and booster pump station at the old water plant site on Park Avenue. That facility has 600,000 gallons of available storage. Distribution system pressure is provided by three 200 HP vertical turbine pumps. At the Park Avenue site there are two 100 HP and two 75 HP booster pumps. Water SuDDIv Source The City of Edgewater utilizes groundwater from a series of Upper Floridan Aquifer wells as its source of potable water supply. The wells are all located within the City's service area. There are currently 10 wells in two wellfields, 4 wells in the Western Wellfield and 6 wells in the A. R. Thomas Wellfield. The current combined total pumping capacity is 3,300 gallons per minute (gpm) and 4.75 mgd. The firm capacity (largest well out of service) is 2,850 gpm (4.1 mgd). The only other significant potential source of fresh water is the St. Johns River, which is 26 miles away Facility Needs for the Provision of Potable Water Over the term of the Work Plan, the City of Edgewater will improve /maintain the existing water production and distribution systems within the service area. The City is also planning for the Restoration DRI project which lies on 5,181 acres of vacant land, annexed in 2005, and is also currently undergoing review within the DRI and Comprehensive Plan Amendment processes. Additionally, the City shall pursue and maintain agreements with Volusia County and the developer of the Restoration DRI for participation in water supply projects pursuant to policies 2.1.1 and 2.2.1 of the Potable Water Element. The projected potable water demands and reclaimed water demand for the City are shown in the following tables: 2 Edgewater Potable Water Demand Estimates, (2008 - 2018) YEAR Edgewater Primary Restoration DRI Volusia County S.E. Total All Areas CUP Allocation 2010 Service Area 2011 Service Area 2012 2.15 (ingd) (mgd) 2008 1.70 2009 2.00 2010 2.05 2011 2.10 2012 2.15 2013 2.20 2014 2.25 2015 2.30 2016 2.35 2017 2.40 2018 2.45 Notes: 0.32 (1) 2007 Actual demand was 1.989 mgd (ingd) (mgd) (mgd) (ingd) 0.00 0.30 2.00 2.39 0.00 0.30 2.30 2.49 0.00 0.31 2.40 2.58 0.10 0.31 2.51 2.66 0.25 0.32 2.72 2.73 0.35 0.32 2.87 2.81 0.45 0.33 3.03 2.89 0.55 0.33 3.18 2.96 0.65 0.34 3.34 3.02 0.75 0.34 3.49 3.07 0.85 0.35 3.65 3.13 (2) Assumes that occupancy within Restoration commences in 2010 (3) Modification of the CUP allocation will be done if required in 2012 with the 5 -Year Compliance Update. (4) Up to 450,000 gpd may be provided to Volusia County through agreements between the City of Edgewater, Volusia County and the City of Oak Hill. Edgewater Reclaimed Water Projections Year WWTP Flow (MGS) Augmentation Capacity (MGD) Primary Service Area Demand (MGD) Restoration D.R.I. Demand (MGD) Volusia County S.E. (MGS) Total Demand (MGS) 2008 1.2 1.0 1.21 0 0 1.21 2009 1.33 1.0 1.26 0 0 1.26 2010 1.40 1.0 1.33 0 0 1.33 2011 1.56 1.0 1.39 .31 0 1.70 2012 1.73 1.0 1.45 .41 .20 2.06 2013 1.90 1.0 1.52 .51 .25 2.28 2014 2.07 1.0 1.59 .61 .30 2.50 2015 2.23 1.0 1.64 .71 .35 2.70 2016 2.40 1.0 1.71 .81 .40 2.92 2017 2.56 1.0 1.77 .91 .45 3.13 2018 2.65 1.0 1.83 1.01 .50 3.34 'Note: Reuse Supply from Volusia County S.E. Regional WW 3 In addition, the City has started planning on alternative water supplies for future demand beyond the term of this Work Plan. The City will coordinate with the Restoration developer in seeking and developing water conservation and AWS activities as follows: • Promoting existing consumers to incorporate water saving devices or water efficient equipment into their homes • Participation in infrastructure projects to route reclaimed water to new residential and commercial users and to reconnect existing historical users • Participation in studies to find and reduce inefficient and wasteful uses of both potable and reclaimed water resources to allow for reduced impacts to the aquifer • Participation in providing additional surface water supplements to the reclaimed water system to increase system dependability and thereby increase the number of users that can be served • AWS source(s) as may be needed to fulfill any additional water needs of Restoration • Additional water supplies required to meet demands not satisfied by traditional groundwater sources will be developed from brackish water sources. Reverse osmosis treatment systems and concentrate disposal facilities will be constructed at the existing water plant site. It is envisioned that up to 2 MGD of brackish water supply and treatment will need to be developed. • Use of water saving devices, non - potable water sources and conservation measures throughout Restoration to be affirmed through the DRI process. Water Treatment Plant: The 5 MGD City of Edgewater Water Plant will not need significant capital expansion improvements in the next 10 years. Anticipated work at the treatment plant includes rehabilitation and replacement (R &R) of existing process equipment, pumps, electrical components and media. The City has budgeted approximately $300,000 in the FY '08/'09 Capital Improvements Plan (C.I.P.) to construct the necessary R &R work and process upgrades at the WTP. The City recognizes the likelihood of the Restoration DRI proceeding to approval. Currently under DRI and CPA consideration is the proposal for 8,500 residential units and 3.2 million sq. ft. of retail /commercial /office use. The additional wells, as currently proposed, can physically provide adequate supply for Phase 1 of the DRI. The City will apply for a modification to the CUP to add approximately 1 MGD of groundwater withdrawal to accommodate Restoration upon approval of the proposed CPA and finalization of the development program within the DRI process. The application shall consider the need for additional wells or replacement/relocation of active wells should that be required to provide additional flow without adverse impacts to the aquifer. The City will coordinate with the Restoration developer and the St Johns River Water Management District (SJRWMD) to develop an assured plan for modifications to the water plant that may use brackish groundwater to provide the additional potable water needs. in Restoration will use alternative water supplies from reuse wastewater and stormwater for irrigation as discussed below. The City and Restoration will enter into an enforceable, executed agreement assuring the timely delivery of additional water supply facilities to support the development and conform to the City's concurrency criteria. Water Sunply Wells: The projected growth of the City requires the installation of new wells to meet increased demand. The proposed additional well facilities as per the approved CUP are included in two improvements projects that are part of the City's Capital Improvements Plan: 1) Wells 917 -20 Four new 12 -inch diameter water supply wells, access roadways, electrical service and raw water transmission in the A.R. Thomas Wellfield are proposed. The City owns the land. 2) Wells 921 -24 Four (4) new 12 -inch diameter water supply wells, raw water piping, electric service, telemetry and instrumentation are proposed. Developer of Restoration D.R.I will provide well sites and all above- referenced improvements including paved access to each. Modification of the CUP allocation will be done if required in 2012 with the 5 -Year Compliance Update. Projected demand in 2017 exceeds CUP allocation of 3.50 MGD and is to be addressed with the 2012 Compliance Update. Remote storage tank and pump station prolects: Two remote storage tank and pump station projects are included in the City's 5 year plan. 1) S.E. Service Area Storage Tank and Pump Station A 1.0 MG storage tank and pump station is proposed for construction to serve new development along the US -1 corridor in the S.E. service area. 2) Restoration Storage Tank and Pump Station A 1.0 MG storage tank and pump station is proposed for construction to serve the Restoration D.R.I. Reclaimed Water Facilities The reclaimed water system is a complex collection of structures, pumps, pipes, and valves serving approximately 3,000 + /- customers. Typical daily use ranges between 0.8 and 1.7 million gallons (MGD). The major structural components of the system include three (3) reinforced concrete ground storage tanks that are available to store reclaimed water and water that fails to meet the "public access" standard identified in F.A.C. Chapter 62 -610. Reject water can be stored in a dedicated 1.0 MG structure and a dual use 2.25 MG structure. The larger tank can be used for either reject water or water in compliance with the "public access" standard. This dual 5 use structure was included in the wastewater plant permit. The reclaimed system utilizes a dedicated 2.25 MG structure and the above referenced dual use 2.25 MG tank. Thus during normal operation, the City can store up to 4.5 MG of treated effluent. The availability of storage allows the City to bank water on days of lower demand (rain days) and thus further reduce surface water discharge. The 21 acre borrow pit adjacent to the WWTP may be used to augment the supply of reclaimed water, via introduction of stormwater to the treatment plant for filtration and disinfection. System pressurization is derived from seven high service pumps including: • Two (2) 15 -hp pumps (275 gpm), • Three (3) 60 -hp pumps (1,000 gpm), and • Two (2) 100 -hp pumps (1,700 gpm). This combination of pumps gives the City a delivery rate ranging up to 3,600 gpm (5.2 mgd) while maintaining a pressure level of 70 psi at the plant. At a lower plant residual pressure of 55 psi, an instantaneous flow of 5,000 gpm can be achieved. The Southeast Volusia Reuse Storage Tank and Pump Station project will enable beneficial recovery of approximately 0.5 MGD of reclaimed water from the Southeast Volusia Regional Wastewater Treatment Plant. This will reduce potable demands by approximately the same amount. The estimated project cost is $5,000,000. The project is scheduled for construction in FY 2009/2010. Impact fees and SRF loans will fund the project. Facility Needs for the Provision of Reuse or Other Non - Potable Water Supply Reclaimed water service to Restoration D.R.I. will be on a wholesale basis. The developer will bear the cost of the design and construction of reuse lines required to service the project unless the City requires that such reuse lines required to service the project be oversized to accommodate uses outside the project, in which case, the City will pay the cost associated with such oversizing. The developer and successors (e.g. HOA) will own and maintain on -site reuse storage, pumping and distribution facilities. On -site facilities will include ponds, pumps and distribution piping. Integrated stormwater /reclaimed water ponds will be used by the developer to satisfy non - potable demands. Capital projects necessary to serve Restoration and the Volusia County Southeast Service Area include wastewater treatment capacity and reclaimed water storage, pumping and transmission facilities. A capital improvements schedule is included herein. Three projects are proposed to meet these needs and are included in the City's 5 -year plan: 1. Water Reclamation Facility Expansion/Addition Construction of a 2.5 MGD wastewater plant expansion or new facilities within Restoration. 31 Estimated Construction Cost = $15 Million 2. Western Reclaimed Water Transmission 25,000 LF, 18" diameter reclaimed water transmission main from the WWTP to Restoration is required to convey reuse to the site and /or effluent from the D.R.I. Estimated Cost = $3.85 Million 3. Reclaimed Water Interconnection to Southeast Volusia County (SJRWMD Water Supply Development Project 926, DWSP -2005) Estimated Cost = $5.35 Million Reclaimed water transmission mains, storage and pumping facilities are necessary to provide effluent disposal capacity from the County's wastewater plant and irrigation supply to new developments. Design of the project will occur in 2009 -2010 and construction is anticipated for 2010 -2011. 4. Wastewater Treatment Plant Rehabilitation and Replacement Estimated Cost = $6 Million 5. Western Storage Tank and Pump Station Construction of a 1.0 MG storage tank and pump station is proposed to serve the new D.R.I. Estimated Cost = $130,000 The City will pursue grants, developer funding and SRF low interest loans for alternative water supply (AWS) development and to fund reclaimed water expansion programs. 20% cost share participation is available for reclaimed water initiatives. The City intends to pursue funding for eligible projects under this program. Other Water Management Activities Over the term of the Work Plan, the City of Edgewater will maintain the following water supply source protections: Conservation Practices The City will continue its program to reduce per capita consumption through conservation measures to provide capacity to serve additional customers. The City's water conservation practices include the following: • Building code requirements for low water volume fixtures in new construction • Continuation of City program and participation in the Water Authority of Volusia's (WAV) program for public outreach and education • Continuation of an active program to encourage the use of low volume toilets 7 • Meter calibration program for master meters • Maintenance of the distribution system • Performing water audits to identify system losses • Landscape water conservation regulations that provide landscape and irrigation standards • Adoption of regulations that require installation of water - saving plumbing devices • Consideration of regulations that override green lawn deed restrictions • Implementation of incentive programs to replace inefficient landscapes, plumbing devices, and appliances • Implementation of a program that provides indoor water audits and leak detection and irrigation system audits • Promoting and encouraging the use of low impact development (LID) techniques. • Continue to implement and promote the City's current Water Conservation Rate Structure Ordinance. The 2.5 MGD Water Reclamation Facility Expansion/Addition and Western Reclaimed Water Transmission projects will enable virtually 100% recovery of treated effluent. The estimated construction cost of both endeavors is $16.5 million and is scheduled for construction between the fiscal years of 2010/2011 and 2012/2013. Reclaimed Water Practices The City will continue its program to reduce potable groundwater demand by effectively using reclaimed water for non - potable uses. The City of Edgewater has operated a very successful reclaimed water system and utilizes more than 90% of the available effluent. As a result of the City's reuse effort, the City has achieved virtual total reuse and conserves ground water through its water reclamation program. During the planning period, the City will implement the reclaimed water system interconnection to Southeast Volusia County reuse projects for non - potable water supply selected by Edgewater in response to the District notice subsequent to approval of DWSP 2005. Policies addressing the following items are included within the Comprehensive Plan: • Require installation of reuse supply lines • Require connection of new development or substantial redevelopment to a reuse system, to supply uses that do not require potable water • Use reclaimed water for irrigation and other non - potable needs in public areas owned by the City. The City will maintain or enact the following reuse practices: • Maintain the City's practices of using reclaimed water for irrigation • Maintain the requirement that all new development connect to reclaimed water for irrigation purpose where available. E Water Supply Source Protection Practices Over the term of the Work Plan, the City will maintain the following water supply source protections: • Maintain the requirements to protect the surficial aquifer recharge areas • Design surface water management systems to control stormwater runoff to maximize groundwater recharge • Maintain the City's requirement on deep aquifer water conservation • Maintain the City's requirements in the City's Land Development Code for the protection of the aquifer recharge areas and wellfields • Maintain the requirement that mining activities, resource extraction, junkyards and outdoor storage of hazardous materials and wastes be prohibited in areas that serve to recharge the aquifers • Require agriculture activities to use best management principles and practices to reduce pesticide and fertilizer run -off. Intergovernmental Coordination Practices Over the term of the Work Plan, the City will maintain, enhance or establish agreements with other water suppliers and users: • The City remains a paying member of and will continue to work with WAV on other alternative water supply facilities. • The City will maintain agreements with Volusia County and the City of Oak Hill to coordinate water use withdrawals for City and County supply needs per Policy 2. 1.1 of the Potable Water Element. 6 Figure 1 r t7 LLI LL O L � L V N � O S} w Q' W j > N a ]O a W r 7 V ] co Z Z Attachment "A" INTERLOCAL WATER and WASTEWATER. AGREEMENT THIS INTERLOCA AGREEMENT is made this 1,L day of 1999, by and between the CITY OF EDGE, WATER, FLOR a municipal corporation, hereinafter referred to as "Edgewater", and the VOLUSIA COUNTY, FLORIDA, a charter county, hereinafter referred to as "County". RECITALS WHEREAS, Edgewater, presently owns and operates a potable water supply, treatnient and distribution system and a w.�stewater treatment, collection and disposal system within Southeast Volusia County, Florida, for the purpose of furnishing potable water and wastewater services to its customers; and WHEREAS, County presently owns and operates a water supply and distribution system within Southeast Volusia County, Florida, for the purpose of furnishing potable water service to its customers; and WHEREAS, County presently is constructing anew .6 MGD regional wastewater treatment, collection and disposal system for the purpose of providing wastewater treatment service to its customers; and WHEREAS, Edgewater is. authorized by Florida law to operate a potable water and wastewater system outside of Edgewater's corporate limits; and WHEREAS, County is authorized by Florida law to operate a potable water and wastewater system within Volusia County; and WHEREAS, the parties entered into an interlocal agreement dated October 3, 1.994, which established utility service areas for each jurisdiction, which service areas are unchanged by the subjcct agreement, and WHEREAS, the parties previously entered into an agreement, dated May 30, 1996, for the purpose of providing potable water service south of Edgewater along US 1. by and between Edgewater and County in anticipation of 'a future long-term interconnection between the two water systems; and WHEREAS, the parties wish to supersede the May 30,1996, agreement with this agreement; and WHEREAS, County has a need for additional potable water and Edgewater is willing to meet this need in accordance with the terms of this Agreement. WHEREAS, Edgewater has a need for long-term additional wastewater treatment and disposal and County is willing to meet this need in accordance with the terms of this Agreement, WHEREAS, Edgewater and County agree the most cost-effective method for water and wastewater service to Southeast Vofusia County will be a regional approach of Edgewater providing wholesale water service to the County and the County providing wholesale wastewater service to Edgewater. NOW, THE REFORF., in consideration of the mutual promises herein contained, it is agreed as follows: Incorvoration of Recitals. The foregoing recitals are true and accurate and are incorporated herein by reference, 2. Defined Tern s. Unless otherwise provided for in this Interlocal Agreement, Capitalized Words and terms shall have the following meanings: 2.1 "Anniversary Date" means each annual anniversary date of the first day of the Term. 2.2 "Cumulative Daily Average" means the cumulative daily average of water supplied or wastewater treated at any particular date during the Terra of this agreement. Pursuant to paragraph 14, this figure is calculated at each Anniversary Date for the preceding 12 months. -2- 23 "Impact Fee" means the impact fee (capital charge) charged by Edgewater and/or the County as a condition precedent to connection to the Edgewater and/or County Water t System or Wastewater Systeni, as amended from. time to time. 2A "MGD" means a unit of measurement equal to a million gallons per day, 2.5 "Notice Date" represents a potentially recurring date where either party would notify other party, pursuant to paragraphs I I and 12 of this agreement, that their Cumulative Daily Average exceeded the Reserved Water or Wastewater Capacity or, if applicable, the Revised Reserved Water or Wastewater Capacity. 2.6 "Permit" shall mean any licenses, permits, zoning changes, zoning variance or other approvals from any government or government agency, whether federal, state, regional or local, necessary or convenient to the acquisition, construction, transfer, operation or expansion of the water distribution facilities or wastewater collection or transmission facilities, including but not limited to any general use permits temporary use permits, individual use permits or transfer of permits issued by the St. Johns River Water Management District, the Department of Environmental Protection, the United States Army Corps of Engineers and all successor agencies. 23 "Potable Water" means water supplied by the Edgewater Water Works System which is intended to be fit for human consumption and which complies with the Department of Environmental Protection regulations, Section 62-555 as well as all state and local regulations pertaining to public drinking water systems. 2.8 "Prior 'Agreement" means the previous agreement dated May 30, 1996, between Edgewater and County for the purpose of providing potable water to the unincorporated area south of Edgewater, 2.9 "Reserved Capacity" means water or wastewater capacity for which impact fees have been paid or compensated.. -3- 2.10 "Term" means that period which commences upon approval of the agreement by the Edgewater City Council and the Volusia County Council, and ends on the later of (i) the twentieth (20th) anniversary thereof, or (ii) if County exercises its option to extend pursuant to paragraph 18 of this agreement, then the period shall continue in perpetuity, unless sooner terminated in accordance with the provisions of this agreement. 3. Representations of Edoewater. Edgewater makes the following representations to County: 3.1 Edgekv,:Lter is organized anized and, in good standing under the laws of the State 1 9 of Florida, and is duly qualified and authorized to carry on the governmental functions and operations set forth in this agreement. 3.2 Edgewater has the power, authority and legal right to enter into and perform the obligations set forth in this agreement, and the execution, delivery and performance hereof by Edgewater: (1) has been duly authorized by the City Council of the City of Edgewater; (2) does not constitute a default under, or result in the creation of any line, charge, encumbrance, or security interest upon the assets of Edgewater, except as otherwise provided herein. 4. Representations of County. County makes the following representations to Edgewater 4.1. County is duly organized and in good standing under the laws of the State of Florida, and is duly qualified and authorized to carry on the governmental functions and operations set forth in this agreement. 4,2 County has the power, authority and legal right to enter into and perform the obligations set forth in this agreement, and the execution, delivery and performance hereof by County: (1) has been duly authorized by the County Council of Volusia County; (2) does not constitute a default under, or result in the creation of any line, charge, encumbrance, or security interest - upon the -4- assets of County, except as otherwise provided herein. 5. Statutory Authority. This agreement shall be considered an Interlocal Agreement pursuant to Chapter 1,63.01, Florida Statutes. A true and correct copy of this agreement shall be filed with the Clerk of the Circuit Court in Volusia County. 6. Supply of Water. Edgewater agrees to supply and make available to County, upon commencement of the Term and payment to Edgewater of the required Impact Fee, 250,000 gallons (.25 MGD) of Reserved. Water Capacity (Average Annual Demand) during the Term of this agreement. County agrees to obtain Reserved Water Capacity up to .25 MGD capacity at a rate of four dollars ($4.00) per gallon. Edgewater and County agree the parties will exchange water capacity for wastewater capacity based on the per gallon charge. Notwithstanding the above, County agrees C� to purchase Reserved Capacity of no less than 75,000 gallons of water capacity within 6 months of the effective date of this agreement, Reserved Capacity of not less than 175,000 gallons will be provided to the County throu,, -'h an exchange of water for wastewater capacity. The parties recognize that the daily and monthly water consumption may vary. County shall be billed based on the actual consumption on a rnonthly basis. 7, Water Rates. The rate to be charged for the purchase of Potable Water supplied to County by Edgewater shall be two dollars and seventy-five cents ($2.75) per one thousand (1,000) gallons. Edgewater may adjust the rate to be charged. Notice of rate adjustment shall be provided C by July 15 for enactment on the following October 1. The level of any rate adjustment shall not exceed 5% per year for any period since the prior adjustment. S. Treatment of Wastewater. County agrees to supply and make available to Edgewater, upon commencement of the term and payment to County of the required impactfee, up to .20 MGD of wastewater capacity to Edgewater during the term of this agreement. Edgewater agrees to a rate of four dollars and fifty cents ($4.50) per gallon for Reserved Capacity. County and -5- Edgewater agree the parties will exchange wastewater capacity for water capacity based on the per gallon charge Reserved Capacity of not less than 155,555 gallons will be provided to Edgewater through an exchange for water capacity and Edgewater will direct average daily flows not less than 140,000 gallons to the County wastewater treatment facility at such time as the County regional wastewater treatment facility commences operation. The County will provide Edgewater with 6 111011thS notice of the anticipated commencement date. The parties agree that the daily and monthly wastewater demand may vary. Edgewater shall be billed on a monthly basis based on actual consumption but not less than the amount of its Reserved Capacity. 9. Wastewater Rates. The rates to be charged for wastewater treatment and disposal supplied to Edgewater by County shall be two dollars ($2.00) per one thousand (1,000) gallons of wastewater. County may adjust the rates to be charged. Notice of rate adjustment shall be provided by July 15 for enactment on the following October 1. The level of any rate adjustment shall not exceed 5% on an annualized basis. 10. Audit of Water Consumnfion. On or after the occurrence of each Anniversary Date, Edgewater may audit County's consumption of water under this agreement by calculating the Cumulative Daily Average as ,;)f the most recent Anniversary Date. If the Cumulative Daily Average so computed exceeds the Reserved. Water Capacity, then Edgewater shall provide County with notice to that effect. Edgewater may elect, at its discretion, one of the following options on or after the Notice Date: 10.1 Edgewater may provide no additional water capacity. 10.2 Edgewater may elect to increase the Reserved Water Capacity to at a minknium equal the Cumulative Daily Average so computed, and the increased amount shall become the Revised Reserved Water Capacity and County shall pay for Reserved Water Capacity at a rate of four dollars ($4.00) per gallon. I on 11. Audit of Wastewater Demand. On or after the occurrence of each anniversary date, 4 County may audit Edgewater's wastewater demand under this agreement by calculating the Cumulative Daily Average as of the most recent Anniversary Date, If the Cumulative Daily Average so computed exceeds the Reserved Wastewater Capacity then County shall provide Edgewater with notice to that effect and County may elect, at its discretion, one of the following options on or after the Notice Date: 11.1 County may provide no additional wastewater capacity. 1.1.2 County may elect to increase the Reserved Wastewater Capacity to at a rninimum equal. the Cumulative Daily Average so computed, and the increased amount shall become the Revised Reserved Wastewater Capacity and Edgewater shall. pay for additional reserved wastewater capacity at a rate of four dollars and fifty cents ($4,50) per gallon. 12. Ownership and Maintenance. Edgewater shall retain ownership and maintenance responsibilities for that portion of the water system north of the interconnection and for the master meter for water sold to the County. County shall retain ownership and maintenance responsibilities for that portion of the water system south of the interconnection and for the master meter for wastewater flows sent to the County. The wastewater master meter will be located adjacent to the Hacienda del Rio community. County shall retain ownership and general maintenance responsibility for the customer meters and associated piping, however, Edgewater and the County shall. have mutual unlimited access to the master meters, all meter readings and test records. Edgewater specifically agrees to maintain the potable water meters in good working order and accuracy in accordance with applicable AWWA standards so as to accurately measure any water transferred between the two systems. 13. Duration. The duration of this agreement for purposes of the sale and purchase of water service by County and the sale and purchase of wastewater service by Edgewater, shall be the 10 Term of the agreement as provided in. Section 2,12. Notwithstanding any provision to the contrary, Edgewater or County upon written notice of not less than 36 months in advance may terminate this agreement. 13.1 Termination of the agreement shall not effect ownership of Reserved Capacity, Reserved Capacity may be returned to the service provider based on agreement between the parties. 13.2 Termination of service provision shall not effect the receipt of service under the terms of this agreement. 14. Option to Extend Term. Edgewater and the County shall have the option to extend the Term of this agreement in r)erpetuity. In order to exercise this option, both parties must (i) agree I and acknowledge in writing their intention to exercise that option no later than the seventeenth (17") Anniversary Date, (ii) pay the Impact Fee required by this agreement, and (iii) not be in default of any provision of this agreement. 15. Service Standards. Edgewater and County shall operate and mainadn their respective water supply, water treatment and distribution systems and render efficient service in accordance with the regulations of this agreeT;ient and the Florida Department of Environmental Protection, or any other governmenval cr having jurisdiction thereof. Edgewater and County shall operate and maintain their respective wastewater treatment, collection and disposal systems and render efficient service in accordance with the regulations of the agreement and the Florida Department of Environmental. Protection, or any other governmental agency having jurisdiction. 16. No Contest of Permit Avulication. Edgewater and/or County shall not contest, 1: oppose, impede or interfere with any Permit application filed by Edgewater and/or County. 17. Indemnification. 17.1 Edgewater agrees that they will indemnify and hold harmless County to the extent permitted by law, from any and all liability, claims, damages, expenses, proceedings and causes -8- of action of any kind and/or nature, including reasonable attorney's fees, arising out of or caused by the negligence or intentional misconduct of Edgewater, including its employees and agents, in connection with the management, control, use, operation, maintenance or repair of Edgewater's Water and Wastewater System, provided, however, nothing herein shall be construed as a waiver of sovereign immunity or other limitations imposed by Florida Statutes Section 768.28. 17.2 County agrees that it will indemnify and hold harmless Edgewater to the extent permitted by law, from any zi all liability, claims, damages, expenses, proceedings and causes of action of any kind and/or nature, including reasonable attorney's fees, arising out of or caused by the negligence or intentional misconduct of County, including its employees and agents, in connection with the management, control, use, operation, maintenance or repair of County's Water and Wastewater System, provided, however, nothing herein shall be construed as a waiver of sovereign immunity or other limitations imposed by Florida Statutes Section 768.29. 18, Notices, All notices required pursuant to this agreement shall be in writing, and shall Z�l be delivered to the parties by United States Mail, postage prepaid, as follows" Lawrence W. Arrington. County Manager County of Volusia. 123 W, Indiana Avenue DeLand, Florida 32720 Kenneth R. ' Hooper City Manager' City of Edgewater 102 N. Riverside Drive Edgewater, Florida 32132 19. Severability. If any section, subsection, sentence, clause, phase or portion of this agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision of such holding, and such holding shall not affect the vL:idity of the remaining portions hereof. U11 20. Attorney's Fees. In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees and court costs incurred in such action. 21, Entirety. This agreement represents the entire understanding of the parties hereto. Any amendments shall be in writing and signed by both parties. 22. Applicable Law. The laws of the State of Florida shall govern the validity, interpretation, construction and performance of this agreement. Venue for any suit involving this agreement shall be in Volusij,, County, Florida. 23. Waiver. Unless otherwise specifically provided by the terms to this agreement, no delay or failure to exercise a fight resulting from any breach of this agreement shall impair such right or shall be construed to be a waiver thereof, but such. right may be exercised from time to time and as often as may be deemed expedient. Any waiver shall be in writing and signed by the party granting such waiver. If any representation, warranty or covenant contained in this agreement is breached by any patty and thereunder waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waiver, wither expressly or impliedly, any other breach of this agreement. 24. Reservation of Capacity. This agreement shall not be construed to give rise to nor shall there be reservation of water capacity or wastewater capacity over and above the Reserved water and/or wastewater capacity for which all Impact Fees due and payable under this agreement have been fully paid or for any period existing beyond the Terra. of this agreement. 25. Termination of Agreement. In the event this agreement is terminated. pursuant to any provision of this agreement, or at the end of the Term, both parties shall take all steps that are reasonably necessary to insure no further use of the other party's water service and/or wastewater set is made. _10- 26. Effective Date. This agreement shall be effective upon approval by the governing bodies of Edgewater and the County and shall supersede the agreement for wholesale water set-vices dated May 30, 1996. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. ATTEST: Susan J. WaAsworth, C.M.C. City Clerk CITY COUNCIL OF THE CITY OF EDGEWATER, FL DA Z11 B Randy G. Allman Mayor Dated: C� , , A , APPROVED FOR FORM & CORRECTNESS: '� Nikki Cla on City Attorney ATTEST- COUNTY COUNCIL VOLUSIA COUNTY, FLORIDA By: 'LXA L Larr A ington Patricia Northey County Manager Chairman Dated: P9 -I]- -V WHEREAS, all water, wastewater rates and capital changes are consistent with the existing Interlocal Water and Wastei;ater Agreement. NOW, THEREFORE, in consideration of the mutual promises herein contained, it is agreed as follows: 1. Incorporation of Recitals: The foregoing recitals in the hiterlocal Water and Wastewater 0 Agreement (September 2, 1999) and this Amendment Number. I are true and accurate and. adopted herein by reference. I 2. Representation of Edeewater: Edgewater makes the following representations to County: 2.1 Edgewater agrees to budget and appropriate up to $403,367 for construction of the wastewater interconnection. 2.2 Edgewater aL°ees to budget and appropriate up to $37,21.0 for design, permitting and construction phase services for the wastewater interconnection. 2.3 Edgewater agrees to pay approved invoices for construction, design, permitting and C� construction phase services as billed by County. Payment will be made within forty- five (45) days of receipt of a valid invoice from County. 3. Representation of Couxitc. County makes the following representations to Edgewater: I, 3.1. The County agrees to administer the construction, design, permitting and construction phase services consistent with the existing contract conditions by and between County, AKA Services, Inc. and Marshall Provost, Inc. -2- I ' '��& 11 ' 3.2 The County will review requests for partial payment for the wastewater interconnection consistent with the terms and conditions of contracts by and between County, AK I A . Services, Inc. and Marshall Provost, Inc. 3.3. County will invoice Edgewater for payment of construction, design, permitting, and construction phase services consistent with this amendment, 4. Effective Date: This Amendryient shall be effective upon approval by the governing bodies of Edgewater and County. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below, ATTEST: Susan. Wa swarth City Clerk ATTES'T*:� County Manager CITY COUNCIL OF THE I C1TYRF A 6 4 4 r7� )4) By Donald Schmidt Mayor Dated:� "'I APPROVED FOKFORM & C CTNESS: IA Wikkil City Attorney COUNTY COUNCIL VOMSIA COUNTY, FLORIDA By: Y Patricia N Chainnar, Dated: 06) c:l Igrrementskwal eramendmem. I -3- INTERLOCAL WATER and WASTEWATER AGREEMENT THIS INTERLOCAL AGREEMENT is made this 2,L day 1999, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation, hereinafter referred to as "Edgewater", and the VOLUSIA COUNTY, FLORIDA, a charter county, hereinafter referred to as "County". RECITALS WHE RE AS, Edges rater, presently owns and operates a potable water supply, treatment and distribution system and a wastewater treatment, collection and disposal system within Southeast Volusia County, Florida, for the purpose of furnishing potable water and wastewater services to its customers; and WHEREAS, County presently owns and operates a water supply and distribution system within Southeast Volusia County, Florida, for the purpose of furnishing potable water service to .its customers; and WHEREAS, County presently is constructing a new .6 MGD regional wastewater treatment, collection and disposal system - for the purpose of providing wastewater treatment service to its custorners; and WHEREAS, Edgewater is authorized by Florida law to operate a potable water and wastewater system outside of Edgewater's corporate l4nits; and WHEREAS, County is authorized by Florida law to operate a potable water and wastewater system within Volusia County; and WHEREAS, the pal entered into an interlocal agreement dated October 3, 1994, which established utility service areas for each jurisdiction, which service areas are unchanged by the subject agreement, and WHEREAS, the parties previously entered into an agreement, dated May 30, 1996, for the purpose of providing potable water service south of Edgewater along US I by and between Edgewater and County in anticipation of a future long-term interconnection between the two water systems; and WHEREAS, the parties wish to supersede the May 30, 1996, agreement with this agreement; and WHEREAS, County has a need for additional potable water and Edgewater is willing to meet this need in accordance with the terms of this Agreement. WHEREAS, Edgew has a need for long-term additional wastewater treatment and disposal and County is willing to meet this need in accordance with the terms of this Agreement. WHEREAS, Edgewater and County agree the most cost-effective method for water and wastewater service to Southeast Volusia County will be a regional approach of Edgewater providing wholesale water service to the County and the County providing wholesale wastewater, service to Edgewater. NOW, THEREFORE, in consideration of the mutual promises herein contained, it is agreed as follows: 1. Incorporation of Recitals. The foregoing recitals are true and accurate and are incorporated herein by reference, 2. Defined Terms. Unless otherwise provided for in this Triterlocal Agreement, Capitalized Words and terms shall have the following meanings: 2.1 "Anniversary Date" means each annual anniversary date of the first day of the 'fern. 2.2 "Cumulative Daily Average" means the cumulative daily average of water supplied or wastewater treated at any particular date during the Term of this agreement. Pursuant to paragraph 14, this figure is calculated at each Anniversary Date for the preceding 1.2 months. -2- 2.3 "Impact Fee" means the impact fee (capital charge) charged by Edgewater and/or the County as a condition precedent to connection to the Edgewater and/or County Water System or Wastewater System, as amended from time to time. 24 "MGD` means a unit of measurement equal to a million gallons per day. 2.5 "Notice Date" represents a potentially recurring date where either party would notify other party, pursuant to paragraphs I I and 12 of this agreement, that their Cumulative Daily Average exceeded the Reserved Water or Wastewater Capacity or, if applicable, the Revised Reserved Water or Wastewater Capacity. 2.6 "Permit" shall rnean any licenses, permits, zoning changes, zoning variance or other approvals from any government or govern ment agency, whether federal, state, regional or local, necessary or convenient to the acquisition, construction, transfer, operation or expansion of the water distribution facilities or wastewater collection or transmission facilities, including but not limited to any general. use permits, temporary use permits, individual use permits or transfer of permits issued by the St. Johns River Water Management District, the Department of Environmental Protection, the United States Army Corps of Engineers and all successor agencies. I 2.7 "Potable Water" rneans water supplied by the Edgewater Water Works System which is intended to be fit for human consumption and which complies with the Department of Environmental Protection regulations, Section 62-555 as well. as all state and local regulations pertaining to public drinking water systems. 2.8 "Prior Agreement" means the previous agreement dated May 30, 1996, between Edgewater and Cour. for the purpose of providing potable water to the unincorporated area south of Edgewater. 2.9 "Reserved Capacity' means water or wastewater capacity for which impact fees have been paid or compensated. -3- 2.10 "Term." means that period which commences upon. approval of the agreement by the Edgewater City Council. and the Volusia County Council, and ends on the later of (i) the twentieth (20th) anniversary thereof, or (ii) if County exercises its option to extend pursuant to paragraph 18 of this agreement, then the period shall continue in perpetuity, unless sooner terminated in accordance with the provisions of this agreement. 3. Revresentatin.us of Edeewater. Edgewater makes the following representations to County: 3.1 Edgewater is duly organized and in good standing under the laws of the State of Florida, and is duly qualified and authorized to carry on the governmental functions and operations set - forth in this agreement. 3.2 Edgewater has the power, authority and legal right to enter into and perform the obligations set forth in th'is agreement, and the execution, delivery and performance hereof by Edgewater: (1) has been duly authorized by the City Council of the City of Edgewater; (2) does not constitute a default under, or result in the creation of any line, charge, encumbrance, or security interest upon the assets of Edgewater, except as otherwise provided herein. 4. Re-presentations of County. County makes the following representations to Edgewater: 4.1 County is duly organized and in good standing under the laws of the State of Florida, and is duly qualified and authorized to carry on the governmental functions and operations set forth in. this agreement. 4.2 County has the power, authority and legal right to enter into and perform the obligations set forth in this agreement, and the execution, delivery and performance hereof by County: (1) has been duly authorized, by the County Council of Volusia County; (2) does not constitute a default under, or result in the creation of any line, charge, encumbrance, or security interest upon the M assets of County, except as otherwise provided herein. 5. Statutorv.Authoritv. This agreement shall be considered an Interlocal Agreement pursuant to Chapter 163.01, Florida Statutes, A true and correct copy of this agreement shall be filed with the Clerk of the Circuit Court in Volusia County. 6. Supfflv of Water. Edgewater agrees to supply and make available to County, upon commencement of the Term -.nd payment to Edgewater of the required Impact Fee, 250,000 gallons (.25 MOD) of Reserved Water Capacity (Average Annual Demand) during the Term of this agreement. County agrees to obtain Reserved Water Capacity up to .25 MOD capacity at a rate of four dollars ($4.00) per gallon. Edgewater and County agree the patties will exchange water capacity for wastewater capacity based on the per gallon charge. Notwithstanding the above, County agrees to purchase Reserved Capacity of no less than 75,000 gallons of water capacity within 6 months of the effective date of this agreement. Reserved Capacity of not less than 175,000 gallons will be provided to the County through an exchange of water for wastewater capacity. The parties recognize that the daily and monthly water consumption may vary. County shall be billed based on the actual consumption on a monthly basis. 7. Water Rates. The rate to be charged for the purchase of Potable Water supplied to County by Edgewater shall be two dollars and seventy-five cents ($2.75) per one thousand (1,000) gallons. Edgewater rnay adjust the rate to be charged. Notice of rate adjustment shall be provided by July 15 for enactment on the following October 1. The level of any rate adjustment shall not exceed 5% per year for any period since the prior adjustment. 8. Treatment of Wastewater. County agrees to supply and make available to Edgewater, upon commencement of the term and payment to County of the required impact fee, up to .20 MOD of wastewater .pacity to Edgewater during the term of this agreement. Edgewater agrees to a rate of four dollars and fifty cents ($4.50) per gallon for Reserved Capacity. County and -5- Edgewater agree the parties will exchange wastewater capacity for water capacity based on the per gallon charge Reserved Capacity of not less than 155,555 gallons will be provided to Edgewater through an exchange for water capacity and Edgewater will direct average daily flows not less than 1.40,000 gallons to the CoukUy wastewater treatment facility at such time as the County regional wastewater treatment facility commences operation. The County will provide Edgewater with 6 months notice of the anticipated commencement date. The parties agree that the daily and monthly wastewater demand may vary. Edgewater shall be billed on a monthly basis based on actual coiisumption but not less than the amount of its Reserved Capacity. 9. Wastewater Rates. The rates to be charged for wastewater treatment and disposal I supplied to Edgewater by County shall be two dollars ($2.00) per one thousand (1,000) gallons of wastewater. County may adjust the rates to be charged. Notice of rate adjustment shall be provided by July 15 for enactment on the following October 1. The level of any rate adjustment shall not exceed 5% on an annualized basis. 10. Audit of Water Consumption. On or after the occurrence of each Anniversary Date, Edgewater may audit County's consumption of water under this agreement by calculating the Cumulative Daily Average as of the most recent Anniversary Date. If the Cumulative Daily Average so computed exceeds the Reserved Water Capacity, then Edgewater shall provide County with notice to that: effect. Edgewater may elect, at its discretion, one of the following options on or after the it� Notice Date 10.1 Edgewater may provide no additional water capacity. 10.2 Edgevkiter may elect to increase the Reserved Water Capacity to at a minimum equal the Cumulative Daily Average so computed, and the increased amount shall become the Revised Reserved Water Capacity and County shal pay for Reserved Water Capacity at a rate of four dollars ($4.00) per gallon. M 11. Audit of Wastewater Demand. On or after the occurrence of each anniversary date, County may audit Edgewater's wastewater demand under this agreement by calculating the Cumulative Daily Average as of the most recent Anniversary Date. If the Cumulative Daily Average so computed exceeds the Reserved Wastewater Capacity then County shall. provide Edgewater with notice to that effect and County may elect, at its discretion, one of the following options on or after the Notice Date: 11.1 County may provide no additional wastewater capacity. 11.2 County may elect to increase the Reserved Wastewater Capacity to at a minimum equal. the Cumulative Daily Average so computed, and the increased amount shall become the Revised Reserved Wastewater Capacity and Edgewater shall pay for additional reserved wastewater capacity at a rate of four dollars and - fifty cents ($4,50) per gallon. 12. Ownership and Maintenance. Edgewater shall retain ownership and maintenance responsibilities for that portion of the water system north of the interconnection and for the master meter for water sold to the CGLinty. County shall retain ownership and maintenance responsibilities for that portion of the water system south of the interconnection and for the master meter for wastewater flows sent to the County. The wastewater master meter will be located adjacent to the Hacienda del Rio community. County shall retain ownership and general maintenance responsibility for the customer meters and associated piping, however, Edgewater and the County shall have mutual Unlimited access to the master meters, all meter readings and test records. Edgewater specifically agrees to maintain the potable water meters in good working order and accuracy in accordance with applicable AWWA standards so Ls to accurately measure any water transferred between the two systems. 13. Duration. The duration of this agreement for purposes of the sale and purchase of water service by County and the sale and purchase of wastewater service by Edgewater, shall be the -7- Term of the agreement as provided in Section 2.12. Notwithstanding any provision to the contrary, Edgewater or County upon written notice of not less than 36 months in advance may terminate this agreement. 13.1 Termination of the agreement shall not effect ownership of Reserved Capacity. Reserved Capacity may be returned to the service provider based oil agreement between the parties. 13.2 Termination of service provision shall not effect the receipt of service under the terms of this agreement. 14. Option to Extend Term. Edgewater and the County shall have the option to extend the Terns of this agreement in perpetuity. In order to exercise this option, both parties must (i) agree and acknowledge in writing their intention to exercise that option no later than the seventeenth (17"') Anniversary Date, (ii) pay the'Impact Fee required by this agreement, and (iii) not be in default of any provision of this agreement. 15, Service Standards. Edgewater and County shall operate and maintain their respective water supply, water treatment and distribution systems and reader efficient service in accordance with the regulations of this agreement and the Florida Department of Environmental Protection, or any other governmental agency having jurisdiction thereof. Edgewater and County shall operate and i., maintain their respective wastewater treatment, collection and disposal systems and render efficient service in accordance with the regulations of the agreement and the Florida Department of Environmental Protection, or any other governmental agency having jurisdiction. 16. No Contest of Permit Application. Edgewater and/or County shall not contest, oppose, impede or interfere with any Permit application filed by Edgewater and/or County. 17, Indemnificat;2n. 17.1 Edgewater agrees that they will indemnify and bold harniless County to the extent permitted by law, from any and all liability, claims, damages, expenses, proceedings and causes BE of action of any kind and/or nature, including reasonable attorney's fees, arising out of or caused by the negligence or intentional misconduct of Edgewater, including its employees and agents, in connection with the management, control., use, operation, maintenance or repair of Edgewater's Water and Wastewater System, provided, however, nothing herein shall be construed as a waiver of sovereign immunity or other limitations imposed by Florida Statutes Section 768.28, I. 17.2 County agrees that it will indemnify and hold harmless Edgewater to the extent permitted by law, from any and all liability, claims, damages, expenses, proceedings and causes of action of any kind and/or nature, including reasonable attorney's fees, arising out of or caused by the negligence or intentional misconduct of County, including its employees and agents, in connection with the management, control, use, operation, maintenance or repair of County's Water and Wastewater System, provided , however, nothing herein shall be construed as a waiver of sovereign immunity or other limitations imposed by Florida Statutes Section 768.28, 18. Notices. All notices required pursuant to this agreement shall be in writing, and shall be delivered to the parties by United States Mail, postage prepaid, as follows" Lawrence W. Arrington Cou n ty Manager County of Volusia 123 W. Indiana Avenue DeLand, Florida 32720 Kenneth R. Rooper City Manager City of Edgewater 102 N. Riverside Drive Edgewater, Florida 32132 19. Severabilitv. If any section, subsection, sentence, clause, phase or portion of this agreement is for any reason held invalid or unconstitutional by any court of competent jurisdiction, I such portion shall be deemed aseparate, distinct and independent provision of such holding, and such holding shall not affect the validity of the remaining portions hereof. In 20. Attorney's Fees. In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to an award of its reasonable attorney's fees and court costs incurred in such action. 21. Entirety. This agreement represents the entire understanding of the parties hereto. Any amendments shall be in writing and signed by both parties. 21 Applicable Law. The laws of the State of Florida shall govern the validity, interpretation, construction and performance of this agreement. Venue for any suit involving this agreement shall be in Volusia County, Florida. 23. Waiver. Unless other specifically provided by the terms to this agreement, no delay or failure to exercise a right resulting from any breach of this agreement shall impair such right or shall be construed to be a waiver thereof, but such right may be exercised from time to time and as often as may be deemed expedient. Any waiver shall be in writing and signed by the party granting such waiver. If any representation, warranty or covenant contained in this agreement is breached by any party and thereunder waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waiver, wither expressly or impli.edly, any other breach of this agreement. 24. Reservation of CaDacitX. This agreement shall not be construed to give rise to nor shall there be reservation of water capacity or wastewater capacity over and above the Reserved water and/or wastewater capacity for which. all Impact Fees due and payable under this agreement have been rz fully paid or for any period existing beyond the Term of this agreement. 25. Termination of Atireement. In the event this agreement is terminated pursuant to any provision of this agreement, or at the end of the Term, both patties shall take all steps that are reasonably necessary to insure no further use of the other party's water service and/or wastewater service is made. 1 -10- 2& Effective Date. This agreement shall be effective upon approval, by the governing bodies of Edgewater and the County and shall supersede the agreement for wholesale water services dated May 30, 1996. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth below. ATTEST Susan J. Wilds -svorth, C.M.C. City Clerk ATTEST: Lrry County Manager CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA B Randy G. Allman Mayor Dated: (I )�' Cl't APPROVED FOR FORM & CORRECTNESS: / ayton City Attorney COUNTY COUNCIL VOLUSIA COUNTY, FLORIDA Patricia Northey Chairman Dated: 2�' '� cf q 5 I Attachment "B" 11/05/2003 16.10 3954242436 ENVIRONMENTALSERVICE PAeE 02/12 S r%h"s i(ive* Q L0 JIL ., -- Water Management D istrict Kirby �.Grsar Ili, Execluiw pifarle, o D(Mdvv rlgk, AnZiOl ExN'111Vb DMCtor 4049 Reid Slreet , P.C. Box 1+29 • Palatka, l=l_ 32178.1429 (386) 329-4500 On the Internet nt vnrew.sjnvmd,corrl December 1 I , 2007 City of Edgewx er Terry Wadsworth 144 N. Riverside Drive Edggewater, FL 2132 SUBJECT: 3onsumptiVe USe Permit Number 9157 City of Edgewater Dear Sir /Mw arr: Enclosed is yac =( .)ermit as authorized by the St. Johns River Water Management olstrict on December 1 ° , 2 T Please be amts,-.d that the period of time within which a third party may requl~st an administratlW-- h :wring or, this permit may not have expired by the date of issuance. A potential petitioner hal.; t lialiity -six (26) days from the date on which the actual notice is deposited in the mail, or twerity. .)ne (21) bays from publication of this notice when actual notice is not provided, within which to filf= a petition for an administrative Dearing pursuant to Sections 120,569 and 1201.57, Florid i Stalutes. Reaeipt of such a petition by the Di,sti may result in this permit becoming null aria ;;aid. Permit issue ice do :.s not relieve you from the responsibility of obtaining permits from any federal» sta.e andie 1 local agencies asserting concurrent jurisdiction over this work. The enclo.'1ed pern,11 is a legal doc urrient and shouid be kept with your other important records. Please read the pe -rntit and conditions carefully since the referenced conditions may require submittal: of addltic: i:al information. All information submitted as compliance with permit conditior s must be s,jbrnitted to the nearest District Service Center and should include the above rAerenc ed I %ermit number. Sinceraly, Clot is LeWs, Dir &Atl. DK ision of Reguk: tol .t information Management r.nclosures: Peen tit, bond ions for Issuance, Compliance Foinls, Map, Well Tsgs ,c. District Perr. A F ie Agent; Yuen in L Hampton Associates PO BuX 290247 Dort Orange, FL 32129 �— —GQVEiRNVNQ 90ifRa — J"`' ••- r14Vii! y .�rRhilYfi, C -. •kk4nN suSal3 N. Huyh:a, Vhf OffiRMAN . Ann T. Mejorc RECRGYANY W. Leonni Mood, TPLASUREil .i �C:f<fi:1NV1Lf. 1 Vii PL RIONr11 Ff.ANANCIMA `dE ^.Gk M .riaei Erial i^fersrsy - Hlwk�" Huf (Nqn ArIO N, l umpar W [lam iN. Karr i omw L OoFmtmur G. RM'{F,MPFIISE f;lRiMcf:G'f MELLOW'WliHElt�41 Jt,CMgC�`.I`1iLI.L• -1/06/28f9 16:10 3864- ENV IP.UNMEHTALSER'v'1 CE PAGE 03/12 Ll -,are whnan Rivet" ater managernent District 404.9 Reid Streets RC., BOX 1429 • Palatka, Fl- 3217B.i429 m (386) 3294500 on the Intatiet at wvjwsjrwo1d.00r?). January 7, 2008 City of Edee<,vw,er Terry Wadswo, t#zl 104 N. Riversi4 It Drive Edgewater, FIr Subject: C mumptive Uso Permit NLurber 9157 C;tty of EdgQwder Dear Sir/Madar is Please find em Posed a. corrected set af Conditions "Exhibit A" for the, , t bcvc jefereliced porrnit. The condition.. were incorrect in that the conditions 123 — 26 should have been 23, 23 a., 23 1),, 23 c, All ,408eqAellt conditiow have been renumbered accordingly. U' volt have a,i M10115, p3ease do not hesitate to contact this office. que � Rosie. Parher, ReguJacory hiformatioll M. Specialist III Division , )f Regulatory Irdomation Management E11005ree Rp:s. naV!d C C�iAJPMATI 5i�qtn N. Huqhpa. vcF 00kimak Ann T, Nloaro, qap.-E W. �eqne rd M- rpn-Amljrw.p� ,." K,'/JNA.Lr4 FONTE VEOM PJt VF.LL FZMANUA A FrsrlGhY mirn ! 2qe! Hersey "Honky" Huffman Arlo N.JL1MVCF V.,'. Kerr au oc LOVRraliofir r" Jr AT:FRII FCuIgT I cCUk MF4M11PW MAN JAC97Mw LE 1!86,'28 9 7.6:1r 3854242488 EVIRONMEHTALSERVI1 E PAGE 04/12 PERMIT NO, 9157 BATE ISSUED. Deoembar 11, 2007 PROJrCT NAME City of Ednewater A PERMIT AUTHORIZING, The 1, "istrict authorizes, as limited by the attached permit conditions, the use of up to 1,277.50 millicn gallons per year (3,50 million gallons per day average) of groundwater from the Floridan aqut�er to meet the public supply needs of a projected population of 38,379 In 2027 and up to 365 00 million gallons per year (1.00 million galleons per day average) of surFace i storaawater to supplement the reclaimed water distribution system. "site, City of Edgewater Volusia County Sections: 31 Townships 17" South Ranges: 34 East 5, a, 7 18 South 34 East ISSUED TO. City of Edgewater "erry Wadsworth 04 N. Riverside Drive ;Ogewater, FL 32132 lermittee agrees to hold and save the St. Johns River Water Management district and Its i�uccessars harrrilese from any and all damages, claims, or liabilities willch mmy arise frorn permit issuanoe..Said application, inoluding all maps and specifications attached thereto, is by reference made a part hereof, This permit does not convey to permittee any property rights nor any rights of privileges other than those specified herein, nor relieve the permittee from complying with any law, regulation or requirement affecting the rights of other bodies or agencies. All structures and wc.rks installed by permittee hereunder stall remain the property of the permittee. This permit may be revoked, modified or transferred at any time pursuant to the appropriate provisicns of Chapter 373, Florida Statutes and 40C -1, Rorid -9 Administrative Code. PERMIT IS CONDITIONED UPON: Sea oonditions on attached "Exhibit A", dated December 11, 2007 AUTHORIZED BY: St, Johns River Water Mannement Di, Department of Resource Management r By: r rold A. VWV!lk ning 111 Director s #riot Kirby 8., reorf, M/ Executive Director 11r` fc,, +'27 1 115:1-13 3864242480 ENVIPONMENTALSERVICE PAGE 05/1' I "EXHIBIT A" CONDITIONS FOR ISSUANCE OF PERMIT NUMBER 9157 CITY OF EDGEWATM DATED DECEMBER 11, 2007 1. District Authorized staff, upon proper identification, evil! have permission to enter, inspect and obs-rve permitted and related facilities in order to determine compliance with the approved plai i spe cifications and conditions of this permq, 2. Notl.ing in - this permit should be construed to limit the authority of the St. ,Johns River Water Iota %igement District to declare a water shortage and issue enders pursuant to Sertiorr 373.1 ''5, Florida Statutes, or to formulate a plan for implemerftation du0ng periods of water short• ge, pursuant to Section 373,246, Florida Statutes. In `the event a water Shortage, is decla ;�-d by the Distri ,,t Governing Board, the permittee must adhere trs the water shortage restri :t, in as specified by the District, even though the specified water shortage restrictions may I inccnsistent with the tei'ms and conditions of this permit. 3. Prior tine construction, MOdification, or abandonment of a well, the permittee must obtain a Watw `A all Construction Permit from the St. ,johns River Water Management District, or the apprr p ialte local government pursuant to Chanter , 4GC -3, Florida Adrninistrative Cade. Const : tic3n, modification, or abandonment of a well irvill require modification of the consur zr;tive use permit W hen auc+h oonst rr odifloat on or abandonment i5 ot her than that si _- , _i t'ied and described on the c onsumptive use permit ap form. 4. Leakir J ur inoperative well casings, valves, or controls must be repaired or replaced as requir- to el"rrnrnate trie leak or make the system fully operational, S. The E,t must be notified, in writing, within 30 days cf any sale, conveyance, or ether transf of a well or facility from whi the permitted consumptive use is made or within 347 days of c_ny transfer of ownership or control of the real property at which the permitted c0nsc11`•,1`JVe use is located, All transfers of ownership or transfers of permits are subject to the p; o fit:.ions of section 40C- 1,612, Florida Admi6strative Code. 6, A Di -issued identification tag shall be prominently dlspiayed at each withdrawal site by perr, : ;r?i1 Itly affixing such tag to the pump, headcgats. va.ive, or other withdrawal facility es provi °elr%o + Section 400-2-401, Florida Administrative Cade. Perrnittes shall notify 'the Distr. A ,i : the event that a replacement tag is needed. 7, If tht_ ; _,er nittee does not serve a new projected demand located within the service area upon whici the annual allocation was calculated, the annual allooatkn will be subject to rnodi 8. Leq ';, us of water existing at the tirrie of the permit application may not be interfered with by the ., :m ptive use. If unantioipated interference occurs, the District may revoke the permit in w alt in part to curtail or abate the interference unless the permittee initic for the intertiere c In those cases where other permit hoidem are identified by the District as also cont to the interference, the permittee may choose to rritigate in a cooperative effort with the ther permittees. The permittee must c, a n itigation playa to the Oistrict for api mvr i,fr to irmplementing such mitigation, 6. DXr' site uses exist at thW time of permit a pplication may not be significantly adversely y apacte• 'is a result Of the consurnpive. arse. If unanticipated significant adverse impacts ccur, the District shall revoke the permit in wir cle or in part to uuttail or abate the adverse npacts, i mless - the irnpa: is Can be mitigated by the permittee. ".1/005/2008 16::.@ 3664242460 ENVIRC1NMEI TALSERVIGE PAGE 06/12 10, The pem ittee mint ensure that all service connections are metered. 11. All submiti, ils matte to demonstrate compliance with this permit must include the CUP number 91 -57 plainly labeled on the submittal, 12. This permit will expire December 11, 2027. 1$, The combined maximum annual withdrawal of groundwater frorn the Floridan aquifer from the A.R. Thomas, Western, and Northvvest welifieids for potable water supply must not exceed: 839.65 million gallons (2.317 million gallons per day average) in 2007, 873.75 million gallons (2.39 million gallons per day average) in 2C08,- 907.66 million gallons (x_46 million gallons per day average) in 2009, 941.96 million gallons (2.58 million gallons per day average) in 2010, 969.90 million gallons (2.58 million gallons per day average) in 2011, 997.84 million gallons (2.73 million gallons per clay average) in 2012, 1,0125,78 million gallons (2.81 million gallons per clay average) in 2013, 1,053.72 million gallons (2.89 million gallons per Clay average) in 207 4, 1.081 .06 million gallons (x.96 million gallons per day average) ire 2015, 1,101.49 million gallons (3.02 million gallons per day aveFace) in 2016, 1,121.32 million gallons (3.07 mNlion gallons per day average) in 2017, 1,141.15 million gallons (3.13 million gallons per day average) in 2018, 1,160-98 million gallons (3.18 million gallons per day average) in 2019, 1,180.81million gallons (3.24 million gallons perday average in 2020, 1, million gallons (3.28 million g2ilons per day average) in 2021, 1,215.89 million gallons (3.33 million gallons per day averaga) in 20+22, 1.233.43 million gallons (3,36 million gallons per day average) ire 202. , 1,250.97 million gallons (3.43 million, gallons per day average) in 2024, 1 million gallons (3.48 million gallons per day average) in 20215, 1,277.50 million gallons (3.60 million gallons per day average) in 2026, and 1027. If, in any year, the actual volUMO of water withdrawn by the perrnittee equals 95 percent or more of the amount of water allocated for rase by this permit, then the perrnittee shall submit a report to the District that explains why the withdrawal of water by the perrnittee egUals 96 percent or more of the amount .allocated for in this permit. The report shall evaluato the effort of the following on the volume of water witrrdrawn by the permittee: a, Climatic shortfalls (drought); b, Greater than anticipated growth in the permittee's service area; c. Inefficient usage wlthir i the service area; and r1. Other factors that account for the withdrawal volurne equaling 95 percent or more of the allocation, The report must include a breakdown of the. population currently being served by th@ permittep, an updated projection of anticipated population that will be served for the following year, an evaluation as to whether the parmittee anticipates wh &ther it will be able to meet the water needs of Via revised projected popu atian without violating the allocations set forth in this permit, and a corrective action plan setting forth actions that the perrnittee irtends to take if the evaluation indicates that allocations will be exceeded during the following year. The report must be submitted to the District by February 15 of the year following the year wherein the permittee- experienced withdrawals of water that equals 95 percent or more of the amount of water allocated for use by this permit. 14. Maximum annual groundwater with from the Floridan aquifer at each tve,'Ifiold must not, unless as noted below, exceed: 11!8�r`2888 16:10 38642424 ?0 EJAVIRUNMENTALSER'VICE PAGE 07/12 A.R. Thomas 611.4 million gallons Western 382.2 million gallons Northwest 283.6 million gallons The permittee may exceed the individual weilfield allocation for a particular weiifleid, pravided the water use does not exceed the total permitted allocation and any shift in withdrawals does not contribute to interference with existing legal uses, or cause or contribute to signifioant saline water intrusion or adverse impacts to adjacent land uses. i f the permittoe exceeds this arnount at any welifield during the permit duration, a report m!rst be Submitted to the District, by February 1 of the year following Oe exee@dRnce, documenting that the withdrawals have not contributed to interference with existing legal uses, or caused os Contributed to significant saline water intmslon or adverse impacts to adjacent land uses. 15. The maximum annual surface 1 storrnwater withdrawals (District ILA 104973) for augmentation of the reclaimed water distribution system must not exceed 365.00 million gallons. 16. 'astern wellfieid w }gills 1, 2, 4, and 5 (District CCs 17612, 17618, 17615, and 1, 161, respectively) are to remain inactive or be abandoned, Well 3 (District ID 17614) shall be modified to facilitate monitoring Of the Floridan aquifer as described in the Saltwater Intrusion Monitoring Program, 17. Total withdrawals from wells 6 -15, and 17 - 24 (District Os 17617, 17618. 17628, 17619, 17621, 17622, 17623, , 17624, 17625, 17626, 35638, 38564, 35565, 3.85616, 38557 38568, 385619, and 137852, respectively) and the reclaimed augmentation pump (District ID 10194 -73) a6 listed can the application(s), must be recorded continuously, totaled monthly, and reported to the District at least every six months from the initiation of the monitc hrig using distriot Form No. EN - 50, The reporting dates each year will be as follows for the duration of the permit; Reciortin Report Due January - June Juiy 31 July December January 31 18. All existing and propor ed Wells 6 -15, and 17 � 24 (District 9Ds 17617, 17619, 17628, 17619, 17521, 17622 17623, 17624, '17625, 176126, 35638, 38564, 38565, 39566, 38567, 38568, 38569, and 137852, rt: spectiveiy) and the reclaimed augmentation pump (District ILA 109473) are, or prior to withdra must be, equipped with totalizing flow meters. These meters must. maintain 95% accuracy, be verifiable and be installed according to the manufacturer's specifications. 19_ The permittee must maintain all meters. In case, of failure or breakdown of any meter, the Districi must be notified in writii , g within 5 days of its discovery, A defective meter must be ra wired or replaCed within 30 days, Y its disco very, 20. The permittee must have all flow meters checked for accuracy at least once every 3 years within 30 days of the anniver nary date of permit issuance, and recalibrated if the difference between the actual flow and thf .meter reading is greater than 5 %. District Form Nn. EN-51 must be submitted to the Distri t within 19 days of the inspectionic.alibratIon. 21. All available iower qu9City sources of water, including reclaimed water and storm water, must be distributed scar use or be used by the Perrnittee in place of Nigher quality water sources when deemed feaslb pursuant to District rules and applicable state law, 22. In the event that an alternative water supply (including surface water, stcrminrater, or seawater) becomes available for use, the permittee shall use the alternative water supply instead of groundwater unless they demonstrate that it is not economically, environmentally or, 11,100/2003 15: `_u 306t,242480 DAVIRCJNMENTALSERVI CE PAGE 08/12 technologically feasible to do so. 23.The Parmittee rnu collect and have water quality samples analyzed for the following constituents for 0:a months and wells listed below: (a) The Permlltt.,e must collect and have analyzed a water quality sample frorn production wells 6, 16, amj well 23 (District IlDs 17617, 17826, and 38569) its May & October of each year for the pcirmit duration. Each sarnple must be analyzed for the following: Field temper Ature Field pH Bicarbonatf. Caiciurn Carbonate Chloride Magnesl .gym Pot&: sit xn Sodium Sulfate Total Iron Total Alkalinity Total Dissolved Solids Total Hardness (by calculation) Specific Conductance (t ) Th Permittee must Collect and have analyzed a viatr r quality sarnple monthly for chloKdes fr tm € ach production well for the permit duration. ,c) 7 tie permittee must collect and have analyzed a water sample from Floridan aqulfer wells 17, '1, 22, 23, and 24 (District IDs 35638, 38567, 38568, 38569, and 137852) upon or ipletion of the well The sample must be analyzed for the following: h'iAd temperature Feld pH I:Sicarbonate -'alcium Carbonate Chloride Magnesium Potassium Sodium Sulfate Total iron Total Alkalinity Total dissolved Solids Total Hardness (by calculation) Specific Conductance Strontium Sample Colledtion, Quality Assurance and Reporting requirements for the samples described in (a), (b), and (c) above must be conducted as follows! Sample Collection: Samples must be collected in accordance with the Florida Department of Environmental Protection's (FIDEP) standard operating procedures (SOP), DEP- SOP- bC1101, DEP Quality Assurance Rule, 62 -160, F.A.C. Prior to sample collection a minimum of 3 -5 casing volumes must be removed from each wall. The well must be purged in accordance with DEP- SOP- O01101 and well purging mast be documented using the Groundwater Sampling Log form found in the referenced FIDE=P SOP. Samples must be stored on ice immediately after collection, and remain on ice until received by the laboratory, It is recommended that sample duplicates be taken to allow for laboratory errors or data loss and these samples be stored by the laboratory for a minimum of 60 days to ensure backup sample availability should re- analyses be required, Quality Assurance: All water quality analyses must be performed by a laboratory certified by the Florida Department of health (FDOH) and the National Environmental Laboratory AccreOtetion Conference (NELAC). All laboratory analyses must be by methods for which the laboratory has FDCH certification. All laboratory analyses must be completed within EPA hoUng times. 1 /OS /2r OF, 16 38642L243O EHVIROf-IMaITAL. SERV ICE PAGE 09/12 If the data is Ins! or a laboratory error occurs and the EPA holding time for the analysis hos expired, the Pennittee must resample the well vAthin 15 days of notification from the laboratory that a loss or laboratory error has occurred. With the exception of pH, laboratory analyses utilizing selective !on electrodes are not acceptable due to the inadequate sensitivity of those methods. Analyses utUlzzing test kits tyT.-Ically used for field screening (f-_g., Hach and LaMotte) are also not acceptable for the sat je reason. All najor ion analyses must be checked for anion-cation balance and should balance within 1:)% If the anion-cation balance does not balance within 10%, the parmittee must review the d. ts and include in the report submitted to the District a discussion of the cause or e_pIcAnation of the imbalance. R�_-rr rts: A rF port must be submitted to the DistrM within 10 days of receipt of data analysis from tree la%A.)ratory to include: sampling log rain of custody forms i repoil in approved format All d, ;a; must be submitted to the District In a District approved electronic format consistent , vvilh ' DCH and NELAC laboratory reporting requiremeMa. 24. hi quality data collected by the perrnittee or the District indicate that sign.1ficant saline "Valle ntrusion is occurring in any of the permitted wells as a result of the withdrawals wth it 1 by this permit, the permittee must submit a plan for District approval tD abate the .rnpK --� , sused by the saline water intrusion, The plan must contain a schedule for impi :r Ration of corrective action, which may inolude rriodftaflor of the well wnstruction, �uell e;q .�bilitation and reduction in well withdrawal rates or other m(82surea identified by the 1�err ttoe to abate the impact, The permittee must implement the District-approved plan pum dalit to the schedule sat forth in the plan, 25. Naier ' wel monitoring must be initiated by Jurie I 1, 2008, The permiltee must conduct hydr and photo monitoring at esch of the wetland areas listed be,.�Ow and cha:a, :terized in the Revised Wetland Impact Assessment received by the District can December 6, 2006: MS-', (Sec 4, T. 168-, k 34 F-,) MIS-2. (Sec 8, T. 18S., R. 34 E.); MS-',, (Sec 6, T. 18S., R. 34 E.); MIS- .4, (See 6, T. 18S., R. 34 E.): UIS-5. (Sac 1, T. 18 S., R, 33 E.); MS-6, (Sac 3, T, 18S,, R. 33 E.); lvif.1-7, (See 32j. 18 S., R. 33 E,); M13-8, (Sac 1, T. 18 S., R. 33 E.). I ne permittee must install shallow monitoring wells at each of the above-11,5t-,d wetland sites. "he wells roust be located near the uplar)dlwetland interface. The monitoring well design and -3pecific locations must be approved in writing by the Vis*lct staff before the wells are Installed. The moniforing wells must be installed by a licensed water well contractor (as required in subsection 373.336 (1)(b), F.S.), and all monitoring devices shall be si-irveyed to NAVD (1988) to an accuracy of +/- 0.01 foot. 21 /:JE / lce:I@ ;66424243e ENVIRONNaITALSERVICE PAGE 10/12 If another agency or utility is monitoring the same water body th the same monitoring equipment /data sari, upon written approval by SJI;i11 MD, be used with the owner's consent. A staff gauge may substitute for a shallow monitoring well if District staff determine that the substitution would be capable of capturing a complete range of water fiuctuatiors. 26 Transect locations where vegetation and soils are to be sampled must be approvers by the District for each wetland monitoring site by June 11, 2008. Each transect shall be 150 feet in length, and located such that 80 feet of the adjacent upland is included, and oriented towards the wetland canter and perpendicular tc the w;:tl"and edge. TN monitoring well should be located on the transect (i; possible), If the adjacent upland cunsisW of placed fill, there the transect may be limited to 120 feet in length, such that 20 feet of the adjacent upland is inoluded. The following information roust be recorded for each transect_ a) A permanent photo station must be mranumented on the transect near the monitoring well for ar nual photographs. b) Snail surface elevations must be recorded to an accuracy of +1 0.1 foot at 5-foot Atorvals and w,�erever there is a change ir7 plant commu c) Oth,,r environmental features such as the upland /wetland Interface, current water level, cypres _ buttress inflection points (up to 3 individuals), lower exterit of lichen lines or upper extent (A moss cellars, watermarks, and the lower edge of the saw palmetto (Serenoa repens' 'singe roust be surveyed, if present. d) Plan; communities must be described, lncludJ ng a listing of all vascular plant species, by plant cry 7imunity, present within 10 feet of one side of the transect line, their relative abunda�.Ge, and the diameter at breast height (rJ.f3,it.) of any woody plants greater than 1" d.b.h. e) A de: ;oription of soil color, texture, and hydric soil indicators roust be made in the tap ^A inches (.f sail at 25 'foot intervals along the transect described above for a total of 7 stations. If t! e soil survey depicts the soils as opera water, than the soil description will occur out io a water depth of 3 feet, and depth to sediment :surface and depth of organic substrate will be recorded for the remaining intervals. 27. Rainfall from a rain gauge in the vicinity of the monitoring wells must be recorded weekly, on the same ,day as the water level recordings. Locations of rain gauges s hall b submitted to the District by June 11, 2008 for written approval. The saute rain gauge may be used for more than one monitoring site if the .sites we located within a term -mile radius. 28, A Baseline Monitoring Site Report must be submitted to the District by December 11, 2008. The report must include the following information for each monitoring site (as appiirabler): a) a diagram of the elevations, plant comrnunibes, and hydric soils located along the transect, b) a summary of the soils data collected, c) a summary of the vegetation data collected, d) a map showing the location of the rain gauge(s), and e) information regarding the installation of the monitoring wells, including a well completion report, latitudeliongitude coordinates of the well, well location can a mays, and a brief rite description, 20,. Monitoring date must be submitted electronically as spreadshaeis on January 31" and July 31' of each year, in a District approved computer accessible format. Data submittal will start . on ,July 31 " 2008. The following Information must be recorde by the permittee for each wet €and monitoring site: water level (weekly without data loggers or daily with data loggers), inches of rainfall (weekly), and pumping volume (weekly by well), Water level data must be reported as eievalion above see level (NAVD). The Parmittee most contact the District for specific details on hew to submit the computer accessible information. These data gust also 1110�f 2008 16:10 j864242490 ENVTROIAM1ENTALSERVICE PAGE 11.!1.2 be submitted a., a legible paper copy (two copies). 30. On March 31 ", starting in 2000, the permittee must submit an annual report summarizing the monitoring efforts and comparing all of the wetland monitoring data recorded for the last calendar year and previous years. The report must include panoramic photographs taken in September at the established photo stations, and graphs summarizing the rainfall, pumping volume, and monitoring data. The elevation of the upland/wetland interface must be indicated on the graphs. Ir, addition, the report will include a brief analysis of any data trends. 31 If the permittee ire unable to obtain or maintain legal access to any of the monitoring sites referenced abov , the permittee must notify SJRWIVI7 in writing within 15 days of concluding that access to a; fy specific site is not possible. Within 45 days of this notification. 'the permittee must sul. relit an alternative site to modify the monitoring network. Within six months of SJRVVlv!=_') approval of the monitoring network modification, the permittee must implement the app .)ved change(s). 32. A staff gauge must )e maintained in the reclaimed augmentation lake and a continuously monitoring pressurc transducer must be maintained in Piezometer No. P2. The staff gauge must be recorder d ,ily. Water levels in Piezom+eter No. P2 t'rus't be recorded continuously. Withdrawals from t± u borrow pit must be terminated when the depth to water drops to a level greater than 15 fee t}elow land surface. Water level date for bath the borrow pit and Piezometer No. P2 r ast be submitted semi- annually to the District with the water use reports, This data If a st be presented graphically with indication as to when withdrawals occurred. Special r .e must be made If withdrawals were terminated because of low water levels in PiezometE Jo. P2. 3$. The permittee muss .,,onitor levels and water quality of the Floridan aquifer as described below and in the S&.,i .vater intrusion Monitoring Program (SVVIMP) for the permit duration. The SWIMP is detFdia in the Saline Water Intrusion Environmental Monitortnq Plana submitted to the D .sti ot, dated November 20, 2005, with the revised locations and details specified in the Tc!chnicat Memo from Connect Consulting, Inc., dated October 10, 2007. 'The monitoring wells include Floridan aquifer MW1 (dual zone monitoring well) (District IDs 137853 and 144')50) located at the A.R. Thomas Weilfield and Floridan aquifer MW2 (formerly well No. 3) (District ID 17614). In accordance with these documents the permittee must complete .and implement the following in addition to the monitoring requirements outlined in the'7W a) MW1 and MW2 must be completed and monitoring begun at least 60 days pricer to any of the proposer, new wells being used. b) The permittee must have the top of casing and well pad elevations on each monitoring well surve in reference to feet NGVD. Surveyed location and elevation roust be submitted to the Dis.rict within 30 gays of oomplation of monitoring well construction. c) The i)ermittee must submit the recorded waiver level and water quality data to the District semi -a' anually with the water use submittals. d) T permittee must submit a report bi- annually an April 1, beginning in 2009, containing a tren analysis and future water quality projection as described in the SWIMR 34. Tr a City must Implement the wellfield management plan as described in the Water Plant C aei ations Manual T.O.C. # 009a, dated October 10, 2007, Any revisions or changes to the f ;tan should be submitted to the district for rm iew within 30 days. Within six months of completion of any of the proposed new wells, the City must update this wellfield management ,Jan to incorporate the new well(s) and submit to the District for review. 11U77 9.WUZ$ 10. 1t1 .5 t5b4i_4L'i Cl r_HV1MU141Yl C_I Y I HL-DG r% V 14.rG rFtislG 1s:F 14 35. Prior to the construction of well 23 (District iD 38569), the Permittee must submit a proposed aquifer test plan for District review and approval to be conducted in accordance with the Aquifer Testing Guidelines outlined in the Consumptive Use Permit Applicant's Handbook. 36. The Permittee's consumptive use shall not adversely impact wetlands, lakes, and spring flows or cause or contribute to a violation of minimum flows and levels adopted in Chapter 40C -5, l=.A.C., except as authorized by an ;JRWMD- approved rninirnurn flow or Isvel (Ml `Q recovery ;strategy, It unanticipated significant adverse impacts occur, the SJRWMD shall revoke the permit in whole Qr in part to curtail or abate the adverse impacts, unless the impacts can be mitigated by the Permittee. 37. All irrigation systems owned and operated by the Permittee must be equipped with rain sensor(s) and /or soil moisture monitoring devlce(s), The rain sensors(s) and/or controlier(s) must be maintained and operational, pursuant to the manufacture(s specifications for permit duration. 38. The permittee shall not irrigate landscape more than two days a week except as provided for in section .40C- 2,042, Florida Administrative Code. 39. Landscape irrigation is prohibited between the hours Of 10:701 a.m. and 4:00 p.m., except as follows: a) Irrigation using a micro - irrigation system is allowed anytime, b) The use of reclaimed water for irrigation is allowed anytime. c) Irrigation cf new landscape is allowed any time of day for the initial 30-day period provided that the irrigation is limited to the amount necessary for landscape; establishment. d) Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides when required by lave, the manufacturer, or best management practices is allowed anytime within 24 hour s of appiication. e) Irrigation systems may ice operated anytime for maintenance and repair purposes not to exceed ten minutes per hour per zone_ f) Irrigation using a hand -held hose equipped with an automatic shut -off nozzle is allowed anytime. g) Discharge of water from a water -to -air conditioning unit or other water dependent cooling system is not Ilmited- 40, The Permittee must submit, 'to the District, a compliance report pursuant tc subsection 373.238(4), Florida Statutes, by December 11 1h in the years 2012, 2417, and 2022. The report small contain sufficient in formation to demonstrate that the Permittee's use of water continues, for the remaining duration of the permit, to meet the conditions for permit issuance set forth in the District rules that existed at the time the permit was issued for 200 years by the District. In providing such assurance, the compliance report roust, al a minimum; a) ; neet the submittal requirements of section 4.2 of the District's Applicant's Handbook: G01 , 1sumptive uses of Water, February 15, 2006; b) riclu6e documentation verifying that the source is Capable of supplying the needs auti Iorized by this permit without causing harm to water resources; o) ij t .lode documentation verifying that use of water is efficient and that the Permittee is irr.lo Lamenting ail feasible water conservation measures; d' d that significant water quality degradation is not occurring; and e; .t ciude information docurrrenting that the projected allocation is needed. Attachment "C" Utility Service Area Agreement By and Between The City of Oak Hill, Florida, The City of Edgewater, Florida and The County of Volusia, Florida Whereas, the County of Volusia ( "County ") is a Florida home rule charter county and has all powers of local self - government not inconsistent with general law; and the City of Oak Hill ( "Oak Hill ") and the City of Edgewater ( "Edgewater "), both are Florida municipal corporations; and Whereas, the Local Government Comprehensive .Planning and Land Development Regulation Act, Chapter 163, Florida Statutes, and Rule Chapter 9J -5, Florida Administrative Code, provide requirements and guidelines regarding land use planning, establishment of "levels of sorvice ", capital improvement programming for infrastructurc requirements, intergovernmental coordination and mutual cooperation, and concurrency of infrastructure provisions with development approvals; and Whereas, the City of Edgewater, the City of Oak Hill, and the County recognize the desirability and the need to provide water and wastewater service within Volusia County, Florida, in a manner which is both economical and based on sound engineering principles and consistent with local, state, and federal regulations, and which promotes conservation of local natural resources; and Whereas, the parties agree the duplication of water and wastewater service facilities is undesirable and may result in needless and wasteful expenditures and wasted resources; and Whereas, Volusia County currently owns and operates a wastewater collection, treatment and disposal facility located in unincorporated Volusia County, northwest of the Oak Hill City limits, for the purpose of providing wastewater treatment service to its customers, including wholesale wastewater service to the City of Edgewater. Whereas, the City of Edgewater currently owns and operates a potable water treatment, supply, and distribution system, located within the city limits of Edgewater, for the purpose of providing potable water service to its customers, including wholesale water service to the County. Whereas, the City of Oak Hill currently does not own or operate water treatment supply and distribution or wastewater collection, treatment and disposal systems to serve customers within the Oak Hill corporate limits; and Whereas, Oak Hill -has expressed a desire that-the County, on a retail basis, provide for water, wastewater, (and reclaimed water, when available) utility services within Oak Hill's corporate limits; and Whereas, the County agrees to provide water, wastewater, (and reclaimed water, when available) services on a retail basis, to new development within the Oak Hill corporate limits, under the terms of this agreement; Whereas, Edgewater agrees to supply and make available to the County, on a wholesale basis, water capacity sufficient to meet the demand of the aforementioned development within the Oak Hill corporate limits under provisions of tile existing wholesale agreement between the City of Edgewater and the County, dated the 2 " day of September, 1999, and titled "Interlocal Water and Wastewater Agreement; Whereas, the parties make and enter into this Agreement for the purposes of accomplishing the goals and objectives stated hereinabove; Now, therefore, in consideration of mutual understandings and covenants set forth herein and pursuant to 125.01 Florida Statutes, County, Edgewater and Oak Hill agree as follows: The foregoing recitations are true, correct and incorporated herein by specific reference. Incorporated herein by specific reference, and attached hereto is a map, being Exhibit 1, comprising the intended water and wastewater service areas of southeast Volusia County, which may in the future be amended as hereinafter set forth. Those areas outlined in bold in Exhibit 1 shall be excluded from the above described service area and the water consumption from said areas shall not be allocated against the reserve capacity set forth in this Agreement. 3. The map attached hereto as Exhibit 1 involves, in the public interest, the results of studies, negotiations, engineering evaluations or analysis, and examination by the respective parties as to the best and most economical means for the provision of water, wastewater and reclaimed water services in the service area. 4. The City of Edgewater hereby agrees to reserve 0.2 MGD capacity to be used exclusively in the southeast Vollsia County service area as reflected in Exhibit 1. This reserve capacity can only be adjusted by the unanimous written agreement of all parties to the Agreement. Nothing in this Agreement shall alter the terms of the Interlocal Water and Wastewater Agreement between the City of Edgewater and the County of Volusia, dated September-2, 1999 and amended from. time to time. 5. Potable water and/or wastewater services by the County to Oak Hill may be provided using one or more of the following methods: -2- a. Off -site water and /or wastewater main lines may be extended by a utility service agreement (USA) between the County and an individual developer or property owner. The developer or property owner will size water and/or wastewater main lines and pumping stations to provide service to the developer's property, however, the County reserves the right to increase size in accordance with the County's master plan. All amounts expended by the developer, over and above the developer's requirement, as determined by the Utilities Engineer, will be reimbursed by the County to the developer in accordance with terms of the USA through impact fee credits appropriate to the developer's property. Installation of local distribution and collection systems will be the sole responsibility of the developer or property owner. b. The County on its own initiative, may install water and wastewater main lines; local distribution and collection systems, and will be entitled to recover its costs of such installations through the charge of appropriate connection fees and/or costs based on hydraulic share to new customers connecting to such lines. c. Volusia County may, upon the request of Oak Hill or affected property owners, provide financing through a special assessment, municipal service or benefit district, for water, wastewater, and reclaimed main lines, and local distribution and collection systems. The County will manage design and installation for any system improvements undertaken through this provision. A special assessment, Municipal service or benefit district to provide water, sewer and reclaim may be available to existing residential properties in a specific geographical area if 51 % of those residents approve the proposed improvements_ Even if approved, the Volusia County Council has the discretion to decide whether to create a special assessment district. Existing commercial property connections will be determined on a case -by -case basis. 6. All water and wastewater mainlines and local distribution and collection system improvements constructed under Number 4 above, and within Oak Hill shall meet the same design standards and level of service standards enforced by the County within unincorporated service areas. 7. The County is responsible for maintenance of (lie potable water, wastewater, and reclaimed water lines once all lines have been installed and accepted by the County for the provision of such services_ IRA 8. Volusia County agrees to charge utility customers within Oak Hill incorporated boundaries the same rate charged to customers located in the unincorporated portion ofthe service area, with the exception that should Oak Hill require a utility service fee, the fee will be added to the County's rate and passed on to the utility customer, In execution of this agreement, the County will abide by the rights-of-way use regulations of Oak Hill. Oak Hill agrees that it will not unreasonably interfere with or withhold consent for the County's use of rights -of -way, express or implied easements, or the exercise of any other possessory interest that is not in use or which may become necessary to effectuate the intent hereof. W. Oak Hill will not impose any conditions related to the installation or provision of service in the incorporated area which is not allowed by law or regulations of the City applicable within its municipal limits at the time an application for service is made. 11. For all City of Oak Hill Development Orders for which a Concurrency Certificate of Capacity must be executed and where the proposed development is within the City of Oak Hill as depicted on Exhibit No. 1, a "Determination of Capacity" form will be submitted to the County for review and completion. The County shall make a determination of available capacity in accordance with the provisions of Article XIV of the Volusia County Land Development Code, Ordinance 88 -3, as amended.. In reviewing projects for capacity availability and reservation, all projects shall be considered on a "first conic, first serve" basis, regardless of whether such projects are within the Oak Hill incorporated or the unincorporated service area. The County will, within thirty (30) days of receipt, execute and return all "determination of capacity" forms to Oak Hill. 12. At some point -in -time, no earlier than ten ( l0) years From the date of execution of this agreement, should Oak Hill wish to acquire the utility infrastructure within the incorporated area, the County and the City of Oak Hill agree to negotiate in good faith the transfer of such utility infrastructure under a separate Agreement. The transfer fee to be paid to the County shall be established by an independent appraiser, agreed to by the City and County, such value to be limited to the actual costs previously incurred by the County in creation of said utility infrastructure. Such transfer will be in accordance with all applicable laws, City and County rules and regulations, and respective bond covenants. 13. The parties hereto agree that any time after the execution hereof, they will, upon the request of the other, execute and deliver such other documents -4- and further assurances as may be reasonably required by such other party in order to carry out the intention of this Agreement. 14. Failure to insist upon strict compliance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any time(s) be deemed a waiver of relinquishment of such right or power at any other time(s). 15. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto. 16. It is agreed by and among the parties hereto that all words, terms and conditions contained herein are to be read in concert, each with the other, and that a provision contained under one heading may be construed equally applicable under another in the interpretation of this Agreement. 17. All notices, demands or other communications given hereunder shall be in writing and shall be deemed to have been duly affected on the first business day after mailing by U.S., registered or certified mail, retunr receipt requested, postage prepaid, addressed as follows: As to Volusia County: With a Copy to: County Manager County Attorney Volusia County Volusia County 123 W. Indiana Avenue 123 W. Indiana Avenue Deland, FL 32720 -4612 DeLand, FL 32720 -4612 As to the City of Oak Hill: Mayor City Attorney City of Oak Hill 234 S. U.S. Hwy #1 Oak Hill, FL 32759 As to the City of Edgewater: City Manager City Attomey City of Edgewater City of Edgewater P.O. Box 100 P.O. Box 100 - 5 - Edgewater, FL 32123-0100 Edgewater, FL 32123 -0100 18. The County and City of Oak Hill and the City of Edgewater each participated in the drafting of this Agreement. In the event that any term of this Agreement shall be interpreted by a court of competent jurisdiction, the Agreement may not be construed more or less favorably on behalf of each party hereto on the ground that such party was or was not the drafter of this Agreement. 19. In connection with any litigation, including appellate proceedings arising Out of the terms of this Agreement, the prevailing party shall be entitled to attorneys' fees and costs. 20. All terms of this Agreement, including all covenants, representations, and warranties contained and made herein, shall survive the execution hereof. 21. It is expressly agreed that nothing contained herein is intended to waive the rights or limits of sovereign immunity of either party, said rights and limits being hereby expressly retained. 22. This agreement may be amended from time to time by mutual consent of the parties. Either party may propose an amendment to this Agreement. All amendments shall be in writing,. No amendment shall be effective until approved by all parties to this Agreement IN WITNESS WHEREOF, the parties hereto have caused tt s to be e cc it by their duly authorized representatives as of day of 2000.'[ i 1 ATTEST- CITY "A ILL, City Clerk Mayo Approved as to Form and Legality: is Oak Hill City Att rney ATTEST: CITY OF EDGEWATER, FL -6- BY: �--� City Managr *Ma Aoer 40� A pproved as to Form and Legality:. Edgewater G AppioV,ed as VOLUSIA COUNTY, FL BY: e-7 r.�., -� �,a�4 Chair orm and Legality: C1 _ �G- Aart County Attorney L:1A IRMN'VS\STAC'EMak_HHI_Uii2ity_ Service_ Arca_Agreement_]• ©8- 07Drart.doc -7- I b ------------- ----------- Y. VA Volusia County FLORIDA EXHIBIT 1 •Existing development in Lighthouse Cove, Fisherman's Cove andSouth Waterfront Park UTILITY SERVICE AREA are not Included in the additional 0.2 MGD capacity purchased from the City of Edgewater COVERAGE AND EXCLUSIONS *Development boundaries are approximate. Prepared by. County ofVolusiaFabr�cVVorks[RJD Re Date: 3f72w7 Date: ?!23!2007 FiJe:GJprciecWO7-DIO/ScuthmstSerAceArea-Rewl-Updated.mxd Attachment "D" CITY OF EDGEWATER wwww_ City of V, Inc. 1951 WATER SUPPLY WORK PLAN DATA AND ANALYSIS Prepared By: QUENTIN L. HAMPTON ASSOCIATES - Consulting Engineers - December 2008 Revised 12/1/08 QH data ore response final Table of Contents Section I: Utilitv Service Area and Planning Period A. Service Area Description (1) Description of Service Area With Map (2) Current Flow /Population Served /Per Capita Usage (3) Unincorporated Service Areas and Wholesale Agreements (4) Planning Period Section II: Existinq and Alternative Water Sources A. Historic Dependence on Ground Water For Public Use (1) Hydrogeologic Setting • Geology • Hydrogeology (2) Ground Water Quality (3) Recharge B. Regional Water Supply Planning Implications For Future Ground Water Usage (1) Alternative Sources • Deficit Projections • Alternative Water Supply Sources and Options Section III: Water and Reclaimed Water Svstems A. Existing Water Systems (1) Water Supply and Production Areas (2) Existing Wells and Capacities QH_data orc response_fnal B. Treatment /Distribution /Storage Facilities (1) Existing Treatment Processes (2) High Service Pumping and Storage C. Reclaimed Water Facilities Section IV: Water Use and Capital Needs A. Historic Water Use B. Demand Analysis and Projection (1) Current CUP Status (2) Restoration D.R.I. C. Source Needs Assessment D. Facility Work Plan (1) Rehabilitation and Replacement (2) Raw Water Supply (3) Finished Water Storage, Treatment and Distribution E. Reclaimed Water System Section V: Fundinq Sources and Proiect List QH_data orc response_fnal Section I Utility Service Area and Planning Period A. Service Area Description (1) Description of Service Area With Map The City of Edgewater is located in the southeastern part of Volusia County just south of New Smyrna Beach and north of Oak Hill. The City is characterized as a typical coastal community providing central water, wastewater, and reclaimed water service to residential, commercial, and light industrial areas of the City. The current utility service area has a population of approximately 24,899 (2007). The water, wastewater, and reclaimed water service areas are identified on the enclosed map. A Utility Service Area Map illustrating Edgewater's municipal boundary and service area is included as Figure 1 -1. The limits shown are consistent with the City's comprehensive plan and consumptive use permit (C.U.P) No significant service area boundary changes are expected for the duration of this Water Supply Work Plan. The planning period for the work plan is 10 years, ending in 2017. Population and flow projections are illustrated through 2025. The City's current consumptive use permit (C.U.P.) is valid through 2027. A certain portion of residents in the service area continue to be served by wells and septic tanks. Data provided by SJRWMD indicates that approximately 2,300 people in the service were `unserved' in 2005. The majority of these are individual properties with 1 -5 acre lots. No specific plans are in place to serve these residents. One potential exception is Magnolia Village, it is shown on Figure #1 -1. 1 QH_data ore response final The mobile home park contains 200 units and approximately 400 residents. The park operates a private water system and does not intend to connect to the City, at this time. The City has cooperated with developer's of adjacent parcels to insure that hydraulic capacity and infrastructure is in place to serve Magnolia Village if they decided to connect at a later date. Demand associated with connection of Magnolia Village is not included in current projections. (2) Current Flow /Population Served /Per Capita Usage Table 1 -1 exhibits the average day, peak day, and average flow per day during the past ten (10) years for the City of Edgewater Service Area. Data was obtained from the Monthly Operation Reports (MORs) of the City's Water Plant. Table 1 -1 Average and Peak Raw Water Flows City of Edgewater Service Area The peak day during 2006 occurred in the month of May. Thus over a ten -year period, the annual average daily flow increased by 38% and the flow for the peak 2 QH_data ore response final Average Daily Flow Peak Day Year (MGD) (MGD) 1997 1.55 2.25 1998 i 1.68 I 2.24 1999 1.74 2.27 2000 I 1.91 I 2.54 2001 I 1.92 I 2.49 2002 1.96 I 2.36 2003 1.87 2.26 2004 I 1.98 I 2.40 2005 I 1.99 I 2.61 2006 2.12 2.97 The peak day during 2006 occurred in the month of May. Thus over a ten -year period, the annual average daily flow increased by 38% and the flow for the peak 2 QH_data ore response final day increased by 32 %. Flows have increased an average of 3.8% /year for the past ten (10) years. Historically, population in the Edgewater utility service area has exhibited steady growth. Development trends in the area remain strong and population is expected to increase throughout the planning period. A decline in the rate of population increase is expected to occur in the primary service area as the area approaches build -out. Historical population increases in the utility service area since 1997 are detailed below in table 1 -2. Table 1 -2 Edgewater Utility Service Area Historical Population (1997 -2006) Year 1997 Population 17,186 1998 17,612 1999 F 18,037 2000 F 18,462 2001 F 19,217 F 2002 T 19,972 F 2003 ' F_ 20,727 2004 21,482 F *2005 F 22,237 200 23,978 * Source: GIS Associates, 2006 Using the previous data, we are able to calculate the per capita raw water usage in gallons per capita per day (GCD) for the Edgewater Service Area (Table 1 -3) for the past 10 years. 3 QH_data ore response final Table 1 -3 City of Edgewater Service Area Gallons per Capita per Day 10 Year Average 94 Average Last 5 Years 92 (3) Unincorporated Service Areas and Wholesale Agreements The City of Edgewater provides both wholesale and retail water service. On October 26, 1999, an Agreement was signed to provide wholesale water service to Volusia County. The County owns a distribution system within the southeast quadrant that is dependent upon Edgewater's supply of treated potable water. Areas subject to this agreement are illustrated on Figure #1 -1. The Agreement includes a transfer of up to 270,000 gallons per day and establishes a rate structure for capacity charges and user fees. Significant developments served in 4 QH_data ore response final Average Service GCD Year Daily Flow Area (GAL) (MGD) Population 1997 1.55 17,186 90 1998 1.68 17,612 95 1999 1.74 18,037 96 2000 1.91 18,462 103 2001 1.92 19,217 100 2002 1.96 19,972 98 2003 1.87 20,727 90 2004 1.98 21,482 92 2005 1.99 22,237 89 2006 2.12 23,978 89 10 Year Average 94 Average Last 5 Years 92 (3) Unincorporated Service Areas and Wholesale Agreements The City of Edgewater provides both wholesale and retail water service. On October 26, 1999, an Agreement was signed to provide wholesale water service to Volusia County. The County owns a distribution system within the southeast quadrant that is dependent upon Edgewater's supply of treated potable water. Areas subject to this agreement are illustrated on Figure #1 -1. The Agreement includes a transfer of up to 270,000 gallons per day and establishes a rate structure for capacity charges and user fees. Significant developments served in 4 QH_data ore response final the unincorporated area include Hacienda del Rio, Boston Whaler, Waterfront Park, South Waterfront Park, Fisherman's Cove, and Lighthouse Cove. Current demand is approximately 300,000 GPD, annual avg. daily flow (AADF). In addition, Magnolia Village is a private provider of potable water within the Edgewater service area. They currently use approximately 50,000 gallons per day. The area is shown on Figure #1 -1. The owners of Magnolia Village have discussed the possibility of connecting to the City's distribution system, but have decided not to. The City has cooperated with developers of adjacent sub- divisions to insure the availability of distribution infrastructure when /if Magnolia Village decides to connect. Demand associated with serving Magnolia Village is not included in the current projections. If the status of this area changes, the City will adjust its projections accordingly. 5 QH_data ore response final Section II Existing and Alternative Water Sources A. Historic Dependence on Ground Water for Public Use (1) Hydrogeologic Setting The City of Edgewater utilizes groundwater from the Floridan Aquifer as its source of potable water supply. The only other significant source of fresh water is the St. Johns River, which is 26 miles away. Geology Regional geologic data collected by various sources indicates that the water plant and wellfield areas are underlain by unconsolidated Pleistocene and Holocene deposits consisting of fine to medium quartz sands, clayey sand and localized shell beds. Surficial deposits are underlain by sediments of Pliocene to late Miocene age consisting of sand, shells and calcareous clay. Underlying these unconsolidated deposits is the Ocala limestone formation which is composed of cream to white fossiliferous limestone. Its thickness is generally less than 100 feet. Beneath the Ocala limestone is the Avon Park limestone of late- middle Eocene Age. It consists of layers of dark brown dolomite separated by layers of chalky limestone. The formation thickness is estimated at approximately 300 feet (Wyrick, 1960). Production wells at the Thomas and Western sites are open holes from approximately 110 feet to 250 feet below grade, and are withdrawing from the Ocala and Avon Park limestone. 6 QH_data ore response final Hydrogeology A thin clay layer serves as an intermediate confining unit which hydraulically separates the potentiometric heads of the Upper Floridan Aquifer (UFA) from the surficial aquifer system (Phelps, 1990). The potentiometric surface represents the water surface elevation in the aquifer, in an unconfined condition. Based on data obtained annually by St. Johns River Water Management District, typical potentiometric water surface elevations of the UFA in the vicinity of the wellfields ranges from 0 to 10 feet NGVD. Ground surface elevations at the wellfields and corresponding water table /surficial aquifer elevations are approximately 30 feet NGVD. As a result of the net downward gradient between the surficial aquifer and UFA, and leakance through the confining layer, the terrace and ridge areas provide some recharge to the UFA. Recharge rates are estimated at 8 or 9 inches per year (Phelps, 1990). The source of water for the surficial aquifer is primarily local rainfall. Water is stored in the pore space of the soils. Water exists in the surficial aquifer via downward leakance, horizontal flow to drainage ways and evapotranspiration. The volume available for withdrawal from the Volusia Floridian Aquifer is dependent upon the surficial system. Any discussion of the surficial aquifer in the Edgewater service area should point out the positive aspects of the Miocene Age clay. This clay helps assure the water quality of the municipal supply. The ion exchange potential of the material forms a protective barrier to the downward migration of pollutants. Nevertheless, improper waste disposal must be isolated from the surficial aquifer. It should be noted that the confining layer exhibits leakance and as such, promotes recharge. This characteristic is valuable as it renews water supplies withdrawn for consumption; however, leakance creates a hydraulic connection from the Surficial Aquifer to the UFA. If contamination of the surficial aquifer occurs, it is possible to compromise the City's water supply. 7 QH_data ore response final (2) Ground Water Quality The Floridan aquifer occurs throughout Volusia County within the limestones and dolomitic limestones of middle to late Eocene age. It provides most of the public water supply for the County. The Floridan aquifer is subdivided into an upper and lower part. The Upper Floridan aquifer generally consists of fresh water and is separated from the Lower Floridan aquifer by a hard, dense dolomite layer and chalky, low permeable limestone. Water quality below these strata, in the Lower Floridan aquifer is generally brackish. Water quality in the Upper Floridan aquifer is generally good, with some areas of concern. Over - pumping and wells constructed too deep would tend to degrade the water quality over time with respect to chlorides and sulfates. Table 2 -1 illustrates the range of water quality that could be expected from Upper Floridan aquifer wells, as well as water quality results from City of Edgewater wells. Water quality varies across portions of the County. Generally, water quality is best in the northwest quadrant and deteriorates approaching the St. Johns to the west and the Atlantic Ocean to the east. Lime softening is practiced in Edgewater to reduce hardness. 8 QH_data ore response final Table 2 -1 Water Quality Upper Floridan Aquifer Constituent s Chloride (mg /1) I Iron (mg /1) Total Hardness (mg /1) Calcium Hardness (mg /1) Sulfate (mg /1) Soluble Sulfide (mg /1) Hydrogen Sulfide (mg /1) Bicarbonate Hardness (mg /1) Noncarbonate Hardness (mg /1) Total Dissolved Solids (mg /1) Specific Conductivity (pmhos /cm) PH (3) Recharge The Floridan Aquifer in Volusia County has been designated a sole source aquifer by the USEPA. The limits of the sole source aquifer roughly equate to the boundaries of the County. Therefore it is replenished only by rainfall which falls within its borders. The main recharge area is the DeLand Ridge in the western section of the County. The Rima Ridge in eastern Volusia County also provides some recharge to the Floridan Aquifer. The rate of recharge is dependent upon 1) difference in head between the surficial aquifer and the Floridan Aquifer and 2) the presence and continuity of confining clay layers between the aquifers. 9 QH_data ore response final Average Range Edgewater Values 32-95 55 0.02-0.26 .07 -.09 212-340 320 84-136 310 0-3 .05 <0.01 — 0.15 N/A <0.01 — 0.02 N/A w 225-360 310 0-18 N/A 329 —496 440 580— 795 674 w 7.3-7.4 7.1 (3) Recharge The Floridan Aquifer in Volusia County has been designated a sole source aquifer by the USEPA. The limits of the sole source aquifer roughly equate to the boundaries of the County. Therefore it is replenished only by rainfall which falls within its borders. The main recharge area is the DeLand Ridge in the western section of the County. The Rima Ridge in eastern Volusia County also provides some recharge to the Floridan Aquifer. The rate of recharge is dependent upon 1) difference in head between the surficial aquifer and the Floridan Aquifer and 2) the presence and continuity of confining clay layers between the aquifers. 9 QH_data ore response final B. Regional Water Supply Planning Implications for Future Ground Water Usage (1) Alternative Sources Deficit Projections Currently, SJRWMD has not officially identified groundwater deficits associated with future aquifer withdrawals from the Edgewater wellfields through 2025; However, a draft document entitled "Implementation Strategy For Achieving The Minimum Flow Regime for Blue Spring and Other Water Resource Constraints in Volusia County, Florida" identifies potential 2025 deficits. Potential deficits range from 0.3 to 1.3 MGD for different scenarios, based upon district modeling results. This does not currently affect the City's ability to meet projected demands through the 10 —year study period. The City of Edgewater was issued a Consumptive Use Permit (CUP) in 2007. SJRWMD has the legislative authority to limit CUP allocations for individual permit holders based upon cumulative groundwater withdrawals, and their potential effect upon spring flows. Therefore, future regional groundwater deficits could be assigned countywide, but not on a utility by utility basis. In the event that this occurs, Edgewater should be prepared to meet future demands utilizing alternative sources as detailed below. Alternative Water Supply Sources and Options At the time of this writing, the City of Edgewater has existing firm raw water supply capacity (largest well out of service) to meet peak day flows of 4.1 MGD and treatment capacity of 5.0 MGD. Assuming an availability factor of 2.0, well capacity meets ADF demands of 2.0 MGD. The availability factor is used to provide rotational capacity and avoid operating wells more than 12 hrs /day. Current and projected demands exceed 2.0 MGD. As such, the City of 10 QH_data ore response final Edgewater has the need for new Floridan Aquifer wells. The recently issued C.U.P. approved construction of 8 new Floridan Aquifer wells. The City is a member of the Water Authority of Volusia (WAV). The WAV interlocal agreement was re- written, the role of WAV as a regional water supplier limited. This plan assumes that WAV will be, primarily, a planning agency. The WAV prepared a `Master Facilities Plan' which was accepted by the members. Recommendations set forth in the plan indicated that a combination of techniques should be implemented to meet additional water requirements. Fresh groundwater will remain the dominant source of water supply, especially in eastern Volusia County. Alternative water sources identified in the Plan are: • Surface Water from the St Johns River • Artificial Recharge and Regional Aquifer Management Plan (RAMP) projects • Brackish Groundwater • Demand Reduction Strategies Under the revised interlocal agreement, WAV members may implement alternative water supply projects independently, or as separate sub - groups. In fact, many of the RAMP projects have been built; others are in the planning or design stage. Descriptions of alternative water supply strategies are detailed below. Detailed review and analysis of each source is outside the scope of the report; however, a brief description is included for reference purposes. Within this 10 -year planning period, Edgewater will satisfy its water supply needs as an independent entity. The City will continue to rely on fresh groundwater to satisfy this need for potable supplies, reclaimed water and stormwater will continue to be used for non - potable and irrigations uses. 11 QH_data ore response final (a) Surface Water, (St. Johns River) As previously indicated, proposed Blue Spring MFL Legislation will impact all Volusia County utility providers withdrawing groundwater from the UFA. The primary reason for wide - ranging impacts has to do with cumulative effects of groundwater pumping. As such, utility providers in western Volusia County will ultimately rely on a surface water plant withdrawing water from the St. Johns River. The future surface water plant may ultimately supply the majority of potable water consumed in western Volusia County, approximately 20 — 30 MGD by 2025. Cumulative groundwater withdrawals from the UFA reduce the potentiomentric surface elevation in the aquifer and consequently reduce flow in Blue Spring. Under the current Consumptive Use Permitting (CUP) process, water providers must model the cumulative impacts of not only their groundwater withdrawals, but also the anticipated withdrawals of others. In virtually every circumstance, cumulative withdrawals serve to limit CUP groundwater allocations. A potential mechanism for reducing the effects of cumulative withdrawals is by reducing the quantity of groundwater withdrawn in the vicinity of Blue Spring. Doing so increases the volume of groundwater that can be withdrawn by utilities in other portions of the County. Therefore, a surface water plant immediately addresses the most urgent water supply need faced by residents throughout Volusia County. It is probable that a group consisting of west Volusia utility providers will take the lead role in constructing a surface water plant on the St. John's River. The Edgewater water system may never directly receive water from the facility; however, the City will still derive a benefit from the water it produces due to a net reduction in groundwater withdrawals from the Floridan Aquifer. 12 QH_data ore response final (b) Brackish Groundwater Brackish groundwater may be withdrawn from the Lower Floridan Aquifer (LFA) without affecting the Upper Floridan Aquifer (UFA). The LFA is hydraulically separated from the UFA by a hard, dense dolomite and layers of chalky, low permeable limestone, which act as a confining layer. The water quality in the LFA ranges from 5,000 to 10,000 Total Dissolved Solids (TDS). Wells completed 1 into this zone, which occurs at >500 feet below land surface in the Edgewater area could be used to blend with waters from either UFA or the Surficial Aquifer. Wells completed into the LFA would not be limited by well yield, since this zone is typically highly transmissive. But, water quality will require alternative treatment techniques. The water could be treated using membrane processes or blended with water from the UFA. If used for "blend wells ", the amount of water from this source would be limited by an acceptable blend ratio to maintain a safe concentration level below the Drinking Water Standard for Chlorides and Sulfates of 250 mg /I. This blend ratio would depend on whether the finished water is used for drinking or irrigation. For finished potable water, the blend product would need to be between 150 and 200 mg /I. The brackish waters of the LFA could also be treated using membrane treatment technology to produce high quality drinking water or lower quality irrigation water. The primary problem in developing a water supply using brackish water membrane treatment is concentrate disposal. The preferred concentrate disposal method is deep well injection. This method has been used in both southeast and southwest Florida; however, the occurrence of an injection zone has not yet been proven in Volusia County. A viable injection zone must be highly transmissive. Other disposal alternatives include discharge to saline waters, discharge to a publicly owned treatment works (POTW), and blending with reclaimed water. All of these disposal methods have their limitations and permitting hurdles. The State of Florida Department of Environmental Protection (FDEP) may allow a surface water discharge from a small membrane water treatment plant, or a discharge to a POTW may be allowed depending on the 13 QH_data ore response final ultimate disposal and /or quality of the blended discharge waters from that Wastewater Treatment Plant (WWTP). Potential deficits which may be faced by Edgewater after 2017 are relatively low, 1 — 2 MGD. Utilizing R/O technology to treat groundwater from the LFA may be a cost effective option. Groundwater quality is more consistent than brackish surface water. Transmission, pre- treatment and filtration costs are also less than for surface water. Further study is required to determine potential service availability. The City will participate with other regular utility providers to evaluate the potential for further utilizing brakish groundwater from the LFA. (c) Artificial Recharge and RAMP Proiects RAMP development is on- going. The Phase I Report was completed in 2002. The Phase 11 Report was completed in February 2004. The basin with the largest impact upon the Edgewater water source is the Deep Creek Basin (168 square miles). The basin was included in the Regional Aquifer Management Plan Phase 11. The technical memorandum prepared for V.W.A. was titled "Part B Surface Water Control of County Canal and Ditch Systems ". The concept of this RAMP program was to evaluate whether structural water level controls would reduce runoff discharged to surface water increase recharge and enhance wetland hydroperiods. RAMP is proposed as a method to increase the available supply of groundwater. Deep Creek Watershed lies west of Edgewater. The watershed area is approximately 168 square miles and the direction of flow is generally north to south. Elevations range from a high of 75 feet NGVD to a low of 10 feet NGVD. The slope is generally gradual due to the length of the watershed. 14 QH_data ore response final There are four major watercourses in the basin — Cow Creek, Deep Creek, Lake Ashby Canal, and Sandy Drain. Cow Creek runs southwest commencing in the southern portion of the Spruce Creek Swamp and discharges to Deep Creek. Deep Creek collects flow from Akins Bay Slough and Marsh Swamp, and then runs in a southeasterly direction to the confluence with Lake Ashby Canal and south to the St. John's River. The majority of the basin is comprised of wetlands. The primary exceptions are cross - county roadways and some bordering sand ridges. Three soil units are present, the Pomona- Wauchula unit, the Daytona - Satellite- Cassia unit, and the Sam sula- Terra- Ceia- Tomoka units. These units yield a composite hydrologic soil group classification as follows: 6 percent Group A, 15 percent Group C, and 80 percent Group D. The depth of the water table is generally at or near the surface in the wetland areas and one to two feet below ground throughout the rest of the watershed. Soils in the basin are primarily type `D' and minimally conducive to recharge. Most of the property within the Deep Creek Watershed is zoned rural and wetland /conservation. A review of published data indicates that approximately 60% of the property in the basin is wetland /conservation and only 4% is zoned residential or commercial. From a future land use perspective, the area is favorable for continued low to moderate rate recharge to the Volusia Floridan aquifer. Another project identified in the Phase I technical memorandum which could affect Edgewater was the Rima Ridge RAMP. The project involved re- directing excess reclaimed water, towards reservoirs /recharge basins. The concept is that properly sited reservoirs and recharge basins will induce additional recharge to the surficial and Floridan Aquifer Systems. The source of water used to fill the basins was reclaimed wastewater. The Rima Ridge RAMP (R project involves the East Volusia communities of Edgewater, New Smyrna Beach, Port Orange, Daytona Beach, Holly Hill and Ormond Beach. 15 QH_data ore response final The primary project elements are as follows: 1. Interconnect the existing reclaimed water distribution systems. 2. Construct three reservoirs /recharge basins in areas conducive to natural recharge. 3. Re- direct excess reclaimed water from individual utilities to the proposed reservoirs for storage, aquifer recharge, and reclaimed water augmentation. The project eliminates up to 13 MGD of wastewater effluent currently discharged to the Halifax River and the Indian River Lagoon. All effluent is beneficially reused via one of the previously referenced techniques. The quantity of water directed to recharge is a function of on -site geology. The quantity used to augment reclaimed water supplies is determined by system demand. Water not recharged or reused will be directed to on -site treatment wetlands and used to re- establish the natural hydroperiod of wetlands which may be affected by wellfield pumpage. The anticipated additional recharge should allow increased groundwater withdrawals from the Rima Ridge area wellfields. Three primary considerations will affect potential reservoir locations for the Rima Ridge RAMP. 1. Proximity with respect to zones conducive to recharge, i.e. the Rima Ridge. 2. Proximity to existing wellfields. 3. Property ownership and control. 4. Proximity to reclaimed water sources. The first consideration, recharge potential, is an over - riding concern. Locating each of the reservoirs within favorable recharge areas is essential. A large 16 QH_data ore response final portion of eastern Volusia County provides for little recharge to the Floridan Aquifer, as such, the Rima Ridge area is one of the few areas where significant recharge may occur. The second consideration, proximity to existing wellfields, is important because potential deficit reduction is more easily accomplished by introducing additional water in the immediate areas where deficits are predicted. It is not surprising that the greatest deficits of concern are predicted to occur in the wetland areas surrounding existing wellfields. Similarly, it is logical to augment water supplies in the same areas. The third consideration, property ownership and control, requires little discussion. Facilities proposed under this program involve large areas, hundreds of acres. Acquisition of large tracts of contiguous property is a difficult, expensive and time consuming process. Given that no cost estimates, site plans, environmental assessments, permit applications, funding requests or design plans may be prepared without a site, it is important that proposed sites be under public control. This does not preclude other sites from being considered for future projects, but all sites evaluated for the R3 project should be under public control if this program is to be implemented in the near future. The fourth consideration, proximity to reclaimed water sources, is important in evaluating the capital costs of transmission main construction. The interconnection of reclaimed water lines between the Cities should alleviate much of this concern. Edgewater and Volusia County are moving forward with an interconnect project. It should also be noted that projects identified by RAMP have an excellent chance of being funded by Water Management District grants. Port Orange, Ormond Beach and DeLand all received grant funds for RAMP projects. Edgewater continues to participate in W.A.V. and is open to the concept of joint participation in future ramp projects. 17 QH_data ore response final (d) Conservation, Reclaimed, and Demand Reduction Strateqies Existing WAV and member utility conservation programs, such as low flow showerheads and toilets, rain sensors for lawn irrigation, and education programs, would stay in effect. The use of reclaimed water to supplement and /or replace fresh water used for irrigation purposes has been aggressively pursued by the City of Edgewater. These programs are anticipated to minimize additional demand increases. Conservation is an important element of The City's Water Supply Plan. An aggressive program to reduce per capita consumption can extend the ability of the utility system to serve additional customers. The City's water conservation practices, include the following: • The building code requires low water volume fixtures in new construction. • Will continue to conduct its own program and participate in WAV's public outreach and education program. • The City has an active program to encourage the use of low volume toilets • Meter calibration program for master meters • Maintain distribution system • Water audits are performed to identify system losses • Adoption of landscape water conservation regulations that provide landscape and irrigation standards • Adoption of regulations that require installation of water - saving plumbing devised • Adoption of regulations that override green lawn deed restrictions • Implementation of incentive programs to replace inefficient landscapes, plumbing devices, and appliances • Implementation of a program that provides indoor water audits and leak detection and irrigation system audits • Promote and encourage the use of low impact development techniques. 18 QH_data ore response final Water use inside the home can be reduced by the use of low volume fixtures. The building code requires them on new construction. Older homes can be encouraged to retrofit their fixtures through incentive programs. Incentive programs have been used and a 15% reduction in water consumption has been observed in retrofit units. An active program to encourage the use of low volume toilets is available in the City of Edgewater. The City is providing reclaimed water from the Wastewater Treatment Plant to approximately 3,000 homes. That represents a good start towards the conservation objective. Historically, Edgewater has reclaimed 90% of plant flow and stormwater augmented volume. The use of reclaimed water for residential lawn irrigation has been well accepted by consumers. The Edgewater reclaimed water program is currently evaluating reclaimed supplements that would allow the City to further reduce surface water discharge. This subject is addressed in greater detail in section 3(c). The City implements the following reclaimed water policies: • Require installation of reuse supply lines • Require connection of new development or substantial redevelopment to a reuse system, to supply uses that do not require potable water • Use reclaimed water for irrigation and other non - potable needs in public areas owned by the local government The City has a meter calibration program for master meters. The City's water distribution crew is responsible for main repairs. This crew identifies areas needing rehabilitation and the phased replacement of older systems is an ongoing effort. Finally, water audits are performed to identify system losses. The most recent water audit resulted in unexplained losses that were much lower than those typical of similar sized communities. 19 QH_data ore response final Section III Water and Reclaimed Water Systems A. Existing Water System (1) Water Supply and Production Areas The City of Edgewater utilizes groundwater from a series of Upper Floridan Aquifer wells as its source of potable water supply. The wells are all within the City's service area. Present and projected growth of the area has required the installation of new wells to meet increased demand. (2) Existing Wells and Capacities In 1957 the City's first supply well was constructed adjacent to the former Park Avenue elevated tank. The groundwater was treated via ion exchange and distributed to City customers. Like all of the other east Volusia utility providers, Edgewater started moving west in its search for acceptable groundwater sources. During 1982, wells were installed along Park Avenue west of Air Park Road. A major shift west occurred during 1986 with the construction of wells #6, #7, #8 and #9 west of Interstate 95. A raw water main was routed to the water plant on Park Avenue During 1991, the water plant was relocated and a new wellfield was developed at the water plant property. This includes wells #10 - #15. A tabular listing of each existing and proposed well with its casing size, depth, capacity, and drill date is included in Table 3 -1. Well locations are shown in Figure 3 -1. 20 QH_data ore response final Table 3 -1 Summary of Groundwater Sources 21 QH_data ore response final Utility CAS I CAS TOT OPHR Date Wellfield Capacity Well ID ` Dia Depth Depth Day (GPM) Drilled 6 Western 10 106 250 6 450 1986 7 Western 10 108 250 6 450 I 1986 8 Western 10 M 102 250 6 450 1986 9 Western 10 103 250 6 450 0 1986 AR Thomas 10 WF I 12 I 103 I 200 8 250 I 1991 AR Thomas 11 I 12 102 I 200 8 I 250 1991 WF AR Thomas 12 I 12 107 I 200 8 I 250 1991 13 AR Thomas I 12 108 I 200 I 8 I 250 1991 AR Thomas 14 I 12 107 I 200 I 8 250 1991 15 AR Thomas I 12 97 200 8 250 1991 M AR Thomas 16 WIF 12 100 200 abandoned 1991 AR 17 WFinas I 12 110 I 200 6 I 250 Proposed AR 18 WFinas I 12 110 I 200 6 I 250 Proposed AR Thomas 19 I 12 I 110 I 200 6 250 Proposed 20 AR Thomas I 12 I 110 250 6 250 Proposed 21 Western 12 110 250 I 6 400 Proposed 22 Western 12 110 250 I 6 400 Proposed 23 Western 12 110 250 I 6 400 Proposed 24 Western 12 " 110 250 6 400 Proposed Total Capacity = 5,900 GPM (8.50 MGD) Firm Capacity = 5,400 GPM (7.85 MGD) (Largest well out of service) 21 QH_data ore response final All of Volusia County is dependent upon groundwater. The public and private utilities within Volusia County have approximately 282 active wells that are used to withdraw potable water supplies. Edgewater represents approximately 3.5% of the well count and 3.3% of the volume withdrawn. The City's current firm yield, capacity with the largest well out of service, is 4.1 MGD. Current capacity exceeds average day demand by a factor of 2, allowing for wells to be rotated with 50% of the wells on at one time, approximately 12 hours /day or less. In order to maintain average well operating times at 12 hours /day, or less, a capacity factor of 2.0 to 2.5 is necessary. Four (4) new wells #17 -20, are proposed in FY '08 -'09. Wells #21 -24 will be constructed with Restoration D.R.I in FY 12/13. Upon completion of all wells authorized for construction under the current C.U.P., the firm capacity will be 7.85 MGD, sufficient to meet demand throughout the 10 year planning period. Water quality and well levels within the wellfields have remained consistent over the past ten years. The City withdraws approximately 50% of its raw water from each of its wellfields. Judicious management of the resource has enabled the City to supply its customers with a reliable source of high quality groundwater. The City will continue to rely upon fresh groundwater from the Floridan Aquifer for potable demands through the 10 -year planning period. B. Treatment /Distribution /Storage Facilities (1) Existing Treatment Processes The Alan R. Thomas Water Treatment Facility has a rated capacity of 5.0 MGD. The plant is described as an enhanced lime softening facility. Current demand is less than 50% of plant capacity. Water enters the treatment process through a tray aeration structure. The raw water releases hydrogen sulfide during this process stage. After aeration, water flows by gravity to the reactor basins. Polymer and lime are added to the water. 22 QH_data ore response final The lime reacts with dissolved carbonate and hardness is precipitated out of the treated water. Softened water has a high pH. This parameter is reduced by recarbonation. Recarbonation is followed by filtration and disinfection. The plant has produced water of excellent quality. The plant has sufficient reserve capacity to meet system needs. Lime sludge is removed from the reactor basin by valves controlled by automatic timers. This wasting occurs throughout the day in response to the needs of the softening process. As water production increases so will the volume of waste lime sludge. The City recently constructed a gravity thickener to concentrate the waste sludge. The City has established an arrangement with Baker Transport to haul thickened sludge. Lime sludge is pumped to a truck on an as needed basis. (2) High Service Pumping and Storage The primary storage and pumping facilities are located at the Alan R. Thomas Water Plant. The plant site includes a 1.0 million gallon reservoir and a site reserved for a future tank of a similar size. The tank is a prestressed composite design reinforced concrete structure. It includes a domed roof in order to maintain quality prior to distribution. There is 200,000 gallons of storage in the clear well at the plant and 150,000 gallons in the Kumquat Tower. The City retains a storage and booster pump station at the old water plant site on Park Avenue. That facility has 600,000 gallons of available storage. Distribution system pressure is provided by three 200 HP split case centrifugal pumps. At the Park Avenue site there are two 100 HP and two 75 HP booster pumps. 23 QH_data ore response final C. Reclaimed Water Facilities The City of Edgewater has aggressively pursued a reclaimed water program for over 10 years. The benefits of the City's program include: 1) reduction of outfall to the Indian River and 2) reduction of potable water usage for irrigation The City's Wastewater Treatment Facility currently operates under the FDEP Operating Permit No. FL0021431. The City of Edgewater WWTP has two (2) separate effluent criteria related to the outfall utilized. The operating permit was issued in July 2007. The permitted capacity of the plant is 2.75 MGD (AADF). The surface water outfall has a permitted discharge capacity of 0.83 MGD (AADF). The reclaimed water system is a complex collection of structures, pumps, pipes, and valves serving approximately 3,000 + /- customers. Typical daily use ranges between 0.8 and 1.7 million MGD The major structural components of the system include three (3) reinforced concrete ground storage tanks that are available to store reclaimed water and water that fails to meet the "public access" standard identified in F.A.C. Chapter 62 -610. Reject water can be stored in a dedicated 1.0 MG structure and a dual use 2.25 MG structure. The larger tank can be used for either reject water or water in compliance with the "public access" standard. This dual use structure was included in the plant permit. The reclaimed system utilizes a dedicated 2.25 MG structure and the above referenced dual use 2.25 MG tank. Thus during normal operation, the City can store up to 4.5 MG of treated effluent. The availability of storage allows the City to bank water on days of lower demand (rain days) and thus further reduce surface water discharge. The 21 acre borrow pit adjacent to the WWTP may be used to augment the supply of reclaimed water, via introduction to the treatment plant for filtration and disinfection. 24 QH_data ore response final System pressurization is derived from seven high service pumps. The City has two (2) 15 -hp pumps (275 gpm), three (3) 60 -hp pumps (1,000 gpm), and two (2) 100 -hp pumps (1,700 gpm). This combination of pumps gives the City a delivery rate ranging between 0 and 3,600 gpm (5.2 MGD) while maintaining a pressure level of 70 psi at the plant. At lower pressure (55 psi) an instantaneous flow of 5,000 gpm can be achieved. QH_data ore response final 25 Section IV Water Use and Capital Needs A. Historic Water Use In section I of this report we summarized historical water use in terms of total flow and per capita usage. In 2006, an approximate population of 23,978 used an average of 2.2 MGD. The per capita demand over the past 5 years is approximately 92 GPCD. In 2007 annual average demand decreased to 1.99 MGD. Table 4 -1 summarizes historical potable water demand from 2001 -2007. It illustrates historical groundwater pumpage, finished water distribution and metered flow. Table 4 -1 Edgewater Service Area Historical Flows and Account Summary 26 QH_data ore response final Avg. Pumped Avg. Avg. Total Avg. Flow Year Flow Finished Metered Water Per ERU Water Flow Flow Accounts (MGD) I (MGD) (MGD) (MGD) (GPD /ERU) 2001 I 1.92 1.78 1.58 8,558 I 225 2002 I 1.96 I 1.77 1.58 8,928 I 220 2003 I 1.87 I 1.71 1.63 9,581 I 195 2004 I 1.98 1.79 1.78 9,898 200 2005 1.99 1.75 1.73 10,170 196 2006 I 2.12 1.90 1.80 10,421 I 203 2007 I 1.99 1.90 1.76 10,449 I 190 Average I 1.98 I 1.80 1.69 9,715 I 204 26 QH_data ore response final The historical flows include pumped and metered flow to Volusia County's Southeast Service Area. The City has a wholesale service agreement for bulk sale of water in this area. In 2007 the average daily flow sold was 297,000 GPD. A tabular listing of projected demands in the S.E. services area is included under tale #4 -3, herein. The City and County are currently negotiating an amended interlocal agreement which addresses water, wastewater and reclaimed water service in the S. E. service area. The concept is for the City to provide retail water and wastewater service to all customers north of Ariel Rd. Water will be sold to the County, on a wholesale basis, for all customers south of Ariel Rd. Details regarding the agreement are still being negotiated. Reclaimed water is addressed in Section IV E. The net effect of the agreement will be a reduction of the County service area and an increase in the City's area. Actual demand will not be affected by the agreement. Projected demands within the referenced area were included in the City's current C.U.P. A breakout of estimated demand is included in Table 4 -3. B. Demand Analysis and Projections (1) Current CUP Status The primary constraint limiting the City's groundwater withdrawals is defined in Edgewater's Consumptive Use Permit (CUP) issued by the St. Johns River Water Management District. The City received its CUP# 9157 issued on December 11, 2007 and expires on December 11, 2027. Governing Board approval was received December 12, 2007. It has a 20 year duration. Allocations approved in the CUP application are as follows: 27 QH_data ore response final Table 4 -2 City of Edgewater CUP Permitted Annual and Maximum Groundwater Withdrawal Limits Year 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Permitted Annual Average Withdrawal (MGD) 2.21 2.30 2.39 2.49 2.58 2.66 2.73 2.81 2.89 2.96 3.02 3.07 3.13 3.18 3.24 3.28 3.33 3.38 3.43 3.48 Permitted Maximum Daily Withdrawal (MGD) 3.32 ` 3.45 3.59 3.74 3.87 3.99 4.10 4.22 4.34 y 4.44 4.53 4.61 4.70 4.77 4.86 4.92 5.00 5.01 5.15 5.22 28 QH_data ore response final It should be noted that the City's originally requested C.U.P. allocation request was rejected by SJRWMD. After a 4 -year review and negotiation period, the City agreed to accept SJRWMD's population and demand projections. They are included herein as Table #4 -2 A. 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This is less than historical growth patterns and is suppose to reflect growth throughout the service area, including wholesale areas and the area encompassing Restoration D.R.I. It is unknown what percentage of the total growth is assigned to each. The SJRWMD projections underestimate future demand in Restoration. The proposed Restoration D.R.I. is illustrated on Figure #1 -1; it occupies the majority of all land in the City's service area west of 1 -95 and north of SR #442. A separate discussion of the area, and its potential impact upon the City's water supply strategies, is included in the work plan. (2) Restoration D.R.I. Restoration D.R.I. is a major development proposed for construction west of 1 -95 and north of SR # 442. The development encompasses 5,181 acres and may ultimately contain up to 8,500 dwelling units and approximately 3.2 million square feet of retail and commercial office space. The D.R.I. application is currently being evaluated by the Department of Community Affairs (DCA) and Volusia County Growth Management Commission (VGMC). The City of Edgewater will provide water and wastewater service to the proposed development. Reclaimed water will be provided on a wholesale basis and the Restoration Homeowner's Association (HOA) will manage public access reuse distribution within the D.R.I. The City's water plant capacity is 5 MGD and current firm production capacity is 4.1 MGD. Firm production capacity will be 5.54 MGD by 2010 after construction of 4 new wells. The developer has identified a 7 year build -out period for Phase 1 (2007- 2013); however, the D.R.I. is still under review and initial customer 31 QH_data ore response final demand is not anticipated until 2010. Therefore, build -out of Phase I is not expected until the end of 2016, or beginning of 2017. This timeline corresponds to the 10 year planning period of the work plan. A table detailing projected potable demand through 2017 has been prepared. It identifies current and projected potable demands including those associated with both Restoration and Volusia County's S.E. service area. Table #4 -3, below, includes build -out of Restoration, Phase I, at 3,692 equivalent dwelling units. Per capita demand is 92 GPCD and occupancy is 2.27persons per dwelling unit. This corresponds with historical demand of 204 GPD /D.U. as set forth previously. Table 4 -3 Edgewater Potable Water Demand Estimates, (2008 - 2018) Notes: (1) 2007 Actual demand was 1.989 mgd (2) Assumes that occupancy within Restoration commences in 2010 (3) Modification of Interim CUP allocation may be required in2012 32 QH_data ore response final Edgewater Volusia County YEAR Restoration DRI Total All Areas CUP Allocation Primary S.E. Service Area Service Area (mgd) (mgd) (mgd) (mgd) (mgd) 2008 1.70 0.00 0.30 2.00 2.39 2009 2.00 0.00 0.30 2.30 2.49 2010 2.05 0.00 0.31 2.40 2.58 2011 2.10 0.10 0.31 2.51 2.66 2012 2.15 0.25 0.32 2.72 2.73 2013 2.20 0.35 0.32 2.87 2.81 2014 2.25 0.45 0.33 3.03 2.89 2015 2.30 0.55 0.33 3.18 2.96 2016 2.35 0.65 0.34 3.34 3.02 2017 2.40 0.75 0.34 3.49 3.07 2018 2.45 0.85 0.35 3.65 3.13 Notes: (1) 2007 Actual demand was 1.989 mgd (2) Assumes that occupancy within Restoration commences in 2010 (3) Modification of Interim CUP allocation may be required in2012 32 QH_data ore response final C. Source Needs Assessment Currently, SJRWMD has not established groundwater deficits for Edgewater associated with future aquifer withdrawals proposed. Implementation of proposed MFL rules has the potential to change regional deficit projections; however, the City was issued a 20 year CUP in December 2007. SJRWMD has the legislative authority to limit Consumptive Use Permit allocations for individual permit holders based upon cumulative groundwater withdrawals, and their potential effect upon wetlands and surface waters. Therefore, future regional groundwater deficits may be assigned and usage restricted. In the event that this occurs, Edgewater should be prepared to meet future demands utilizing traditional and alternative sources as detailed below. a) Groundwater The City's primary water source through the 10 year planning period is ground water. At the time of this writing, the City of Edgewater has existing firm raw water supply capacity to meet peak day flows of 4.1 MGD. Assuming an availability factor of 2.0, Edgewater has an immediate need for additional wells. The City wholly owns property near both the Western and A.R. Thomas wellfields. The current CUP application includes approval for eight new wells. Four (4) wells, #17 -20, are proposed for construction in FY '08 -'09. Design and permitting for these wells is nearly complete. Funds for construction are included in the current C.I.P. The estimated cost for the project is $1.2 million. The estimated withdrawal capacity of wells #17 -20 is 250 GPM, total capacity is approximately 1,000 GPM (1.44 MGD). Upon completion of this project, total raw 33 QH_data ore response final water supply capacity will be 5.54 MGD; the proposed wells will provide sufficient raw water supply and rotational capacity through 2012. An additional four wells, #21 -24, are proposed for construction within the proposed Restoration D.R.I. The development may contain up to 8,500 E.R.U.'s and occupies approximately 5,200 acres. The developer will dedicate four (4) well sites, each with an estimated capacity of 300 -400 GPM. A total withdrawal capacity of 1,400 -1,600 GPM (2 MGD — 2.3 MGD) is proposed from the 4 sites. Construction of the new wells is scheduled in FY 12/13 and is included in the 5- year C.I.P. Upon completion of the new wells, firm supply capacity will be 7.85 MGD. This is adequate to supply projected average and real demand through 2017. Fresh groundwater will continue to be the dominant raw water source for Edgewater's potable supply through 2017. If MFL limitations create deficit conditions, the City intends to pursue brackish groundwater as an alternative supply. b) Conservation, Reclaimed, and Demand Reduction Strategies Existing WAV and member utility conservation programs, such as low -flow showerheads and toilets, rain sensors for lawn irrigation, and education programs, will stay in effect. The use of reclaimed water to supplement and /or replace fresh water used for irrigation purposes has been aggressively pursued by the City of Edgewater. These programs are have helped reduce demand increases and allowed the utility to maintain extremely law per capita consumptive rates. The City continues to expand its reuse program; details regarding reclaimed reuse are addressed in section 3(e). 34 QH_data ore response final D. Facility Work Plan Capital Needs 1. Rehabilitation and Replacement With the 5 MGD Water Treatment Plant, the City of Edgewater will not need significant capital expansion improvements in the next 10 years. Anticipated work at the treatment plant is limited to rehabilitation and replacement (R &R) of existing process equipment, pumps, electrical components and media. The City has budgeted approximately $800,000 in FY08 /09 C.I.P. to construct necessary R &R work and process upgrades at the WTP. 2. Raw Water Supply The City's current C.U.P. application, currently under review, includes a total of eight (8) new wells. The wells will increase production capacity to 7.8 MGD. Four (4) of the 8 wells, #17 -20, are included in the C.I.P. for construction in FY 2008/2009. The estimated construction cost is $1.2 million. The additional 4 wells, #21 -24, are sited in Restoration D.R.I. Construction of these wells will occur in FY 12/13 and will cost $2.3 million_ Raw water transmission and finished water distribution needed to serve the D.R.I. will be constructed by the developer. A list of raw water supply projects to be funded and constructed by the City and /or developers has been prepared and is described below: a) Wells #17 -20 Four (4) new 12" water supply wells, access roadways, electrical service and raw water transmission in the A.R. Thomas Wellfield. Estimated cost = $1.2 million 35 QH_data ore response final b) Wells #21 -24 Four (4) new 12" diameter water supply wells, raw water piping, electric service, telemetry and instrumentation. Well sites and paved access to each provided by developer of Restoration D.R.I. Estimated cost = $2.3 million 3. Potable Water Storage, Pumping and Distribution The majority of potable water distribution components needed to serve future customers will be provided and installed by developers. Exceptions relate to remote storage and pumping. In many cases, remote storage and pumping is required to satisfy peak demand and fire flow requirements. Remote storage and pumping also provides for redundancy in the event of service interruptions at the WTP or water main beaks in the distribution system. Two remote storage tank and pump stations projects are proposed. a) S.E. Service Area Storaae Tank and Pump Station A 1.0 MG storage tank and pump station is proposed for construction to serve new development along the US -1 corridor in the S.E. service area. Estimated Cost = $2.0 million b) Western Storaae Tank and Pump Station A 1.0 MG storage tank and pump station is proposed for construction to serve the new D.R.I. Estimated Cost = $130,000 36 QH_data ore response final E. Reclaimed Water System There are three (3) elements of potential customer growth for the reclaimed water system. They include infill of served subdivisions, future subdivisions, and future retrofits of older areas of the City. The City has the potential to use all of its available supply serving reclaimed water to irrigation customers, in existing served subdivisions and new developments. No retrofit programs are necessary. The City currently utilizes >90% of its available effluent. Augmentation is required during peak demand periods. The area served by existing reuse distribution system supplemented by the demand from the future developer - installed systems, will fully utilize annual average daily flow. The City does not need to incur the expense of retrofits to achieve its goals regarding surface water discharge. Future expansion of the reclaimed water system is limited to the following areas: 1) Developer Installed Irrigation Systems 2) Volusia County S.E. Service Area 3) Restoration D.R.I. A tabular listing of existing and proposed reclaimed water sources and demands has been prepared, and is included below as Table #4 -4: 37 QH_data ore response final 'r O M O O M O O N M I T N N M 1` O N LO 1` O M N C O L V r •Q ca O 4 �a a� Q w U E v Q w 0 0 0 0 0 LO 0 LO 0� 0 N N m m �� LO 0 M MU N M�— 1` M N N m m� LO LO O 1` 1` m O O O O O O O O O O O m O 0 m O 1` m O 0 LO N (7 'IT LO 1` O O N IT LO O r � � � � � N N N N N N O z M O O N M IT LO O 1-- 00 0 0 O O O O O O O O O O O N N N N N N N N N N N a ct w a U O 'O a Reclaimed water service to Restoration D.R.I. will be on a wholesale basis. The City and developer will participate in construction of transmission facilities from the WWTP to the site. The developer and H.O.A. will own and maintain on -site reuse storage, pumping and distribution facilities. On -site facilities will include ponds, pumps and distribution piping. Integrated storm water /reclaimed water ponds will be used by the developer to satisfy non - potable demands. Additional wastewater treatment / reclaimed water production capacity required to serve Restoration will be sited at the existing WWTP or at a remote facility constructed within the D.R.I. Both options are currently being evaluated. Sufficient treatment and reclaimed water capacity is available through 2016. Capital projects necessary to serve Restoration and the S.E. service area include wastewater treatment capacity and reclaimed water storage, pumping and transmission facilities. The three (3) projects are identified as follows: 1) Water Reclamation Facilitv Expansion /Addition Construction of a 2.5 MGD waste water plant expansion or new facilities within Restoration. Estimated Construction Cost = $15 Million 2) Western Reclaimed Water Transmission 25,000 LF, 18" diameter reclaimed water transmission main from the WWTP to Restoration is required to convey reuse to the site and /or effluent from the D.R.I. Estimated Construction Cost = $3.5 million 3) Volusia Countv S.E. Service Area Interconnect Reclaimed water transmission mains, storage and pumping facilities are necessary to provide effluent disposal capacity from the County's waste water plant and irrigation supply to new developments. Estimated Construction Cost = $5million 39 QH_data ore response final V. Funding Sources and Project List A. Funding The City of Edgewater can utilize several revenue sources to meet system maintenance and upgrade requirements. The revenue sources include the following: 1. Retail user charges 2. Wholesale user charges 3. Service charges 4. Interest income 5. Hydrant rental 6. Reclaimed water user charge 7. Connection fees 8. Development fees 9. Low interest loans 10. Grants Revenue sources for items 1 -6 have been tracked over a long period and can be reliably projected through the next three (5) fiscal years. The retail user charge is the primary revenue source that must be adjusted to meet the revenue required by the utility. The City's Water and Sewer Operating Budget for FY'07 -`08 is approximately $9.8 million. The FY '07 -'08 budget includes CIP funds for design and permitting the four (4) new wells in the A. R. Thomas wellfield. New facilities identified herein will be funded primary through: development fees, low interest loans and grants. The City is currently evaluating its development fees to insure compatibility with anticipated expenses. Edgewater is also 40 QH_data ore response final preparing an `FDEP Facility Plan' for review and approval by the FDEP's Bureau of Facility Funding. The `Facility Plan' will allow the City to pursue low interest loan financing for wastewater and reclaimed water system improvements. User charge revenues from the expanded system will serve to repay loans. The City will pursue grants for alternative water supply (AWS) development to fund reclaimed water expansion programs. 20% cost share participation is available for reclaimed water initiatives. The City intends to pursue funding for eligible projects under this program. The City's capital projects list is included as Table #5 -1. It identifies the schedule, cost and funding source. 41 QH_data ore response final Table 5 -1 City of Edgewater Utilities Capital Improvements Schedule September 2008 WATER SYSTEM PROJECTS PROJECT AREA FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 # SOURCE Water Plant Upgrades User 1 (Stairways, Aerators, Charges $340,000 $800,000 $0 $0 $0 & Painting) 2 ART Water Supply Impact Fees $1,210,931 $0 $0 $0 $0 Wells # 17 -20 Loan S.E. Service Area User 3 Storage Tank and Charges $101,400 $2,000,000 $0 $0 $0 Pump Station Western 4 Storage Tank and Developer $0 $130,000 $0 $0 $0 Pump Station 5 Wells 21 -24 el $0 $0 $0 $0 $2,300,000 De per Subtotal Potable Water: $1,652,331 $2,930,000 $0 $0 $2,300,000 WASTEWATER AND RECLAIMED WATER PROJECTS # PROJECT AREA SOURCE FY 08/09 FY 09/10 FY 10/11 FY 11/12 FY 12/13 WWTP SRF 6 Rehabilitation and Developer $0 $3,000,000 $3,000,000 $0 $0 Replacement Western SRF 7 Reclaimed Water Main Developer $0 $350,000 $3,500,000 $0 $0 Extension 2.5 MGD SRF 8 Wastewater Plant Developer $0 $0 $1,000,000 $7,500,000 $6,500,000 SE Reclaimed Water SRF 9 Storage Tank and Impact Fees $0 $350,000 $5,000,000 $0 $0 Pump Station Subtotal WW and Reclaimed Water $0 $3,700,000 $12,500,000 $7,500,000 $6,500,000 42 QH_data ore response final