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05-16-2011
At 5:30 p.m. City Council will have individual pictures taken in Council Chambers. Voting Order Mayor Thomas Councilman Kennedy Councilwoman Bennington Councilman Ignasiak Councilman Cooper AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING May 16, 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 — None at this time 3. PRESENTATIONS / PROCLAMATIONS /PLAQUES /CERTIFICATES/DONATIONS — None at this time 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. Request to approve disposal of Fixed Assets. 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 2 " 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). b. ls` Reading — Ordinance No. 2011 -0 -07: Amending and Restating Articles VI (Sign Regulations) And XVIII (Indian River Blvd. — S.R. 442 Corridor Design Regulations) c. 1" Reading — Ordinance No. 2011 - - 06: Enacting Article XX (Ridgewood Avenue Corridor Design Regulations) of Chapter 21 (Land Development Code). City Council Agenda May 16, 2011 Page -2- d. Resolution No. 2011 -R -10: Mid Year Budget Amendment for Fiscal Year 2010 -2011. e. Resolution No. 2011 -R -11: Modification to the School Scholarship Committee By -Laws. 9. BOARD APPOINTMENTS a. Construction Regulation Board — Councilwoman Bennington's appointment due to the resignation of James Tindall (Plumbing Contractor), whose term expires on December 13, 2011. 10. OTHER BUSINESS a. Request to approve the selection and award contracts /agreements to The Barnett Group and the Triece Company for Professional Real Estate Services and authorize the City Manager to execute said agreements. b. Review and discussion of City Clerk's salary and provide direction to the City Manager regarding any salary adjustment. c. Discuss City Utility Billing and Collection processes and provide direction to staff. 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager i. Consolidated Dispatch Update 12. CITIZEN COMMENTS 13. ADJOURN The next City Council Meeting will be held on June 20, 2011 at 6:00 p.tn. 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. Ala AGENDA REQUEST C.A. #2011- 01 Asset Transfer /Disposal Date: May 4, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT May 16, 2011 BUSINESS ITEM DESCRIPTION: Request to approve Disposal of Fixed Assets. BACKGROUND: The City has fixed assets that will be auctioned or otherwise disposed of and need to be removed from the property records in the Finance Department. STAFF RECOMMENDATION: Approve the removal of the fixed assets that will be disposed. ACTION REQUESTED: Motion to approve the removal of the fixed assets from the property records in the Finance Department. FINANCIAL IMPACT: There is no financial impact. (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # Respectful submitted, ( Concurrence: / J athan C. McKinney Robin L. Matusick Finance Director Paralegal /, /� / , . d Ide racey . Barlow City anager o CD § 0 _ \ o 0 0\/ a o \ o n = m c y n= m co co = e m c e e _ 2 ± £ D e c o o o E o a) m 3 3 5 9 7 2ƒ» / D o E ° § \ « \\ o o o o o o o s a o u z o =» z= a z== a J \' 0 \ 0) 0 \ ° 0) 0 0 0 0 0 0 0 = n \ m < / < ) _ 0) % \ 0 / \ § e _ w 9 » k \ CO- 7 \ 0 & CO G e / \ / CO \ \ IN 1.0 0_ \ \ >- CO Cr) z c / - \ / t C LL1 CL < \ 0 < / a z / a N N \ E / ) z / CD / \ / % 9 9 % 3 \ / m 0 0 0 / 0 k E E o E b // 0 o u o $ \ \ G \ \ 0 7 \ 0 0 « . 0 # » 4 0 ' 0 & 0 z a 4 = * 2 0 / / $ ©/ / o ( 0 0 0 o o \ © / / / / / y / J a 3 a 3 u L.. 0 > s = J % ® z © 0 0 o 2 § / a z a m o w o o e 0 % $ / / 0 % • m a a %# e o n CO 00 n #n e 0) = a ~ 0) CO ° CO CO % r- a) < t / % 2 m N- J CO # 0 _ m m u) z \ \ \ > \ / / m _ c I- E / / / ® / f ® 0 E 0 0 0 0 c 0\ \ \ \ J E E E E E 0 0 \ /\ o ° 2 2 2 2 2 2 / 0 Cif 2 e o f ' 5 5 ' s . i ' & ' 2 2 m 2 / 0 0 0 0 / / b ± 5 / / \/ \ AGENDA REQUEST C.A. #2011 -TA -1101 Date: May 5, 2011 PUBLIC HEARING May 16, 2011 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 2 Reading — Ordinance No. 2011 -0 -05 Amending and Restating Articles II (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 /Sweepstakes 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. On April 18, 2011, City Council approved the first reading of the ordinance by a vote of 5 -0. Revisions since first reading are highlighted in the attached documents. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2011 -0 -05; amendments to Articles II and III of the Land Development Code. 1 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 X NO If so, DATE: April 18, 2011 AGENDA ITEM # 8c. Respectfuy submitte . Concurrence: i Darren L • ar , Robin L. Matusick Development Services Director Paralegal 4 Trac- . Barlow Cit 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 Strie-threugh 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 Stfike4hr-eugh passages are deleted. Underlined passages are added. #2011 -0 -05 PART F. ADOPTION. After Motion to approve by Councilman Ignasiak and Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on April 18, 2011 was as follows: AYE NAY Mayor Mike Thomas X Councilman Michael Ignasiak X Councilwoman Gigi Bennington X Councilman Justin Kennedy X Councilman Ted Cooper X 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 StfilEe4hfeugh 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 Str''rnrmei -oug i passages are deleted. Underlined passages are added. #2011 -0 -05 ARTICLE II DEFINITIONS SECTION 21 -20 - DEFINITIONS II -2 21 -20.01 - Intent I1 -2 21 -20.02 - Definitions I1 -2 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) 11 -2 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 -3 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) II -4 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 -5 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 -6 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 -7 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 -8 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 -9 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 -10 I Machines designated for use by the State Lottery Commission are not Computerized 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 l 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) II -11 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) 11 -12 (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; (f) 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 -13 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 -14 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 -15 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 -16 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 -17 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. Rev. 9/08/08 (Land Development Code) 11 -18 HOTEL see "Motel." 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) 11 -19 INTERNET /SWEEPSTAKES CAFE means any premises business, establishment or portion of business or establishment, which conducts giveaways through drawings by chance conducted in connection with the sale of a consumer product or service, sweepstakes, game promotions, to include any giveaways obtained with any open—which—any "Computerized Sweepstakes Device ", as defined in this Section. and that does not otherwise violate Florida law and is located for the use or entertainment of the public, whether or not such premises has other 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. Rev. 9/08/08 (Land Development Code) 11 -20 LOADING SPACE means a space within, or adjacent to, the main building on a lot providing for the standing, loading or unloading of trucks. 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. Rev. 9/08/08 (Land Development Code) 11 -21 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. 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 Rev. 9/08/08 (Land Development Code) 11 -22 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 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 Rev. 9/08/08 (Land Development Code) 11 -23 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. 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. Rev. 9/08/08 (Land Development Code) 11 -24 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. 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, Rev. 9/08/08 (Land Development Code) 11 -25 clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. 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 -26 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 -27 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 -28 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 -29 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 -30 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) 1I -31 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. STORAGE SYSTEM means any one or combination of tanks, sumps, wet floors, waste Rev. 9/08/08 (Land Development Code) 11 -32 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. SURVEYOR means a land surveyor duly registered in the State of Florida. Rev. 9/08/08 (Land Development Code) 11 -33 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 a fee directly to the public, or to such classes of users as to be effectively available directly to the Rev. 9/08/08 (Land Development Code) 11 -34 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 used as permitted by the applicable zoning district. Rev. 9/08/08 (Land Development Code) 11 -35 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. (d) Installation, repair or servicing of vehicle electrical or ignition systems. Rev. 9/08/08 (Land Development Code) 11 -36 (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) I1 -37 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 Rev. 9/08/08 (Land Development Code) 11 -38 wetlands that protect the wetlands and consists of the existing canopy, under story, and 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 -39 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 III -2 21 -30.05 - Comprehensive Plan Consistency III -3 SECTION 21 -31- COMPREHENSIVE PLAN RELATIONSHIP III -3 21 -31. - Table III -1 III -4 SECTION 21 -32 - ZONING DISTRICT DESCRIPTIONS III -4 21 -32.01 - Zoning District Descriptions III -4 21 -32.01 - Table III -2 III -5 SECTION 21 -33 - USES AND RESTRICTIONS 1II -6 21 -33.01 - Purpose III -6 21 -33.02 - Permitted Uses III -6 21 -33.03 - Conditional Uses III -6 21 -33.04 - Accessory Uses III -6 21 -33.05 - Table III -3 III -7 SECTION 21 -34 - SPECIAL USE REQUIREMENTS III -13 21 -34.01 - Home Occupations III -13 21 -34.02 - Community Residential Homes (CRH) III -14 21 -34.03 - Institutional Residential Homes (also referred to as ALF's) III -16 21 -34.04 - Salvage Yards III -16 21 -34.05 - Refuse and Dumpsters III -16 21 -34.06 - Kennels III -17 21 -34.07 - Mini - warehouses III -18 21 -34.08 - Bed & Breakfasts III -18 21 -34.09 - Nursing Homes III -19 21 -34.10 - Residential Professional Offices III -19 SECTION 21 -35 - PROHIBITED USES III -20 21 -35.01 - Alcoholic Beverages III -20 SECTION 21 -36 - ACCESSORY USE REQUIREMENTS III -20 21 -36.01 - Purpose III -20 21 -36.02 - General Regulations II1 -209 21 -36.03 - Outdoor Storage and Display: Commercial /Industrial 11I -21 21 -36.04 - Satellite Dishes and Antennas III -22 21 -36.05 - Places of Worship - Schools /Child Care III -22 21 -36.06 - Boathouses 11I -23 21 -36.07 - Boat Docks and Slips III -23 21 -36.08 - Boats as Dwelling Units III -24 21 -36.09 - Canopies /Temporary Carports and Tents /Gazebos III -24 21 -36.10 - Swimming Pools III -25 SECTION 21 -37 - SPECIAL ACTIVITY/PERMIT REQUIREMENTS III -27 21 -37.01 - Purpose /Scope 1II -27 Rev. 10/18/10 (Land Development Code) *12/10 21 -37.02 — Definitions III -27 21 -37.03 — Special Activity Permit Requirements 1I1 -28 21 -37.04 — Special Activity Permit Application Process I1I -29 21 -37.05 — Special Activity Permit Criteria 1I1 -29 21 -37.06 — Temporary Structures III -30 21 -37.07 — Inspections to Ensure Compliance 1I1 -30 21 -37.08 — Penalties 111 -30 21 -37.09 — Exceptions III -309 SECTION 21 -38 — FENCES, WALLS and HEDGES III -31 21 -38.01 — Purpose III -31 21 -38.02 — General Requirements III -31 21 -38.03 — Site Triangle Requirements III -32 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/ 18/1 0 (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, I -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 III -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 - Single family residential — (1.0 to 4.0 units/net acre) min. 12,000 sq. ft. lot. SF Residential R - 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 U U U U U U U U U U U U U U Z. rn U a U a U a. z. i U U U U U U U U U U U U U U U a. U U U U a. U a U a. a a. Q a. Q a. 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Cl.. ¢ a. a. u N E* C , a. n, a_ a. a. a. ¢ a, Cl. U o A Z a a a a. a. ¢ a, a. O U `' U Q., a. o. a. ¢ a. a. � A v W n a n v CI ¢ a. a. O U c ICI 0 a a. a. ¢ a. U U a. U O O CL v U 0 -I c.7 a. a. a. ¢ a, a a. a. U O F a oo — o `° V \ > _ O O t i, V -a > at c 2 a 41 v- ._ 0- a—' v v a a 71 ca w R 1 1 1 1 1 1 ¢ L 43 y a ' a a) c c 0 • ° v 4 8 v 63 a, v a5 v v v a 1 v E o N a. ce cc D f 8 v 2' v v 0 0 v v 0 v a> > z is ca v u t >r'd' ' a1 v C '� De C K cC De De CG CC CC z z cn cn i - E- F- 0 U U U U U U U O. a. a. a. O.. O. O. U U U U - a. a. O N cG O O 1.■1 • U N U a� i•• b _ N U • bn 0 O > N N o � s O U r O fx o C o • t 2 y � y LL o v ` a� r 0 °' ° F 3 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 /Sweepstakes Cafes, Pawn Shops and Tattoo Parlors /Body Piercing Studios are permitted in the I -1 (Light Industrial) Toning district with the exception of properties with frontage on Park Avenue. This section shall not apply to any existing Internet/Sweepstakes Cafe locations, in operation and in compliance with chapter 205 and 849 Florida Statute, and Pawn Shops and Tattoo Parlors /Body Piercing Studios in compliance with Florida Statute at the time of the passage of this ordinance, or has submitted an application to the City for relocation prior to the passage of this ordinance and said application is subsequently approved by the City. Such use may be continued within the present zoning category as a nonconforming use subject to all restrictions, limitations and requirements set forth in Article VII, Land Development Code, and all other applicable provisions of the Code of Ordinances. However, any change in ownership will remove said business or operation from this exception. Change in ownership in the case of a partnership or corporation, for the purpose of this section only, means more than fifty percent change in partners or shareholders from the partners or shareholders owning the .artnershi or co s oration as of the date of passage of this ordinance. No person or entity shall propose, cause or permit the operation of, or enlargement of Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios that would or will be located within, 1,000 feet of a preexisting Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors /Body 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 _subsection the term "enlargement" includes, but is not Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -12 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 /Sweepstakes Cafes, Pawn Shops and Tattoo Parlors /Body Piercing Studios shall not be allowed to open anywhere except in the 1 -1 district (with the exception of parcels having frontage on Park Avenue) where Internet/Sweepstakes 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; 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. Rev 10/18/10 (Land DevelopmentCode) *12/10 111 -13 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. 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -14 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. 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -15 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. 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 Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -16 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 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. Rev 10/18/10 (Land DevelopmentCode) *12/10 111 -17 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 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -18 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. 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 Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -19 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. 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -20 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. 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -21 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. 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. Rev 10/1 8/ 10 (LandDevelopmentCode) *12/10 111 -22 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. 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 I11 -23 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. 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -24 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: 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -25 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 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. Rev 10/18/10 (Land DevelopmentCode) *12/10 111 -26 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. 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 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -27 City sponsored activity — sponsored or co- sponsored by the City Council or any City Department for the benefit of the residents of the community. Civic group/non-profit organization — any group that meets for the improvement of the community and whose main function is to make the community a better place to live either by deed, donations of time or finances. A tax - exempt certificate is not necessary if the group meets the above stated criteria. Community activity - activities which take place on City owned or controlled property in which the general public is invited to participate. Live entertainment - entertainment in the form of music, singing, speaking or similar activities that are enhanced by amplification equipment. This includes bands, concerts, performances, karaoke and disk jockey functions. Outdoor entertainment — entertainment in the form of music, singing, speaking and similar activities, amplified or non - amplified that is located outside of or partially outside of the area of the sponsoring property permitted for normal retail sales or services. Private business - any business enterprise operating for the purpose of creating a profit. Special activity — any public or private activity held within the City of Edgewater in which it can be reasonably anticipated that the number of persons attending the activity will exceed the on- site parking, seating or sanitary facilities available at the premises upon which activity will take place and that services will be required beyond that which are regularly provided by the City such as additional traffic control, crowd control, fire and/or emergency services, street closures, cleanup or other municipal services. Special activity permit — a permit issued by the City 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 1st through June 30 and 2. One 10 -day period and two 1 -day charitable events /activity between the period of July 1 through December 31 Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -28 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 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 I11 -29 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. 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 Rev 10/18/10 (Land Developm entCode) *12/10 111 -30 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 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. Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -31 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. 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 ❑ LINE 07 WISIBILIT rQ , r 1 fr A ID `r CORNER LOT 1/ W f VISIBILIT't' TRIANGLE Rev 10/18/10 (LandDevelopmentCode) *12/10 111 -33 AGENDA REQUEST C.A. #2011 -TA -1102 Date: May 5, 2011 PUBLIC HEARING May 16, 2011 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1 Reading — Ordinance No. 2011 -0 -07 Amending and Restating Articles VI (Sign Regulations) and XVIII (Indian River Blvd. — S.R. 442 Corridor Design Regulations) 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: Throughout central Florida, many business and property owners have sought alternatives to certain dated signage design and message displays so prevalent along commercial /retail corridors. The most recent and common found solution has been the placement of Electronic Message Centers (EMC) /Signage which display advertising in an LED and /or other digital format. The proposed LDC amendments are presented to establish guidelines and standards for EMC /Signage, which are increasingly becoming the signage of choice for many businesses. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2011 -0 -07; amendments to Articles VI and XVIII of the Land Development Code. ACTION REQUESTED: Motion to approve Ordinance 2011 -0 -07. FINANCIAL IMPACT:(Finance Director) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X Respe tfully submi r d, Concurrence: Ala LA D. f en Lear V Robin L. Matusick Development Services Director Paralegal racey . Barlow City anager rlm ORDINANCE NO. 2011-0-07 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING AND RESTATING ARTICLES VI (SIGN REGULATIONS) AND XVIII (INDIAN RIVER BLVD. — S.R. 442 CORRIDOR DESIGN REGULATIONS) 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 July 10, 2000, City Council adopted Ordinance #2000 -0 -12 which enacted Chapter 21 (Land Development Code) of the City of Edgewater Code of Ordinances. 2. On September 11, 2006, Council adopted Ordinance #2006 -0 -27 which amended and restated Chapter 21 (Land Development Code) in its entirety. 3. On August 16, 2010, Council adopted Ordinance # 2010 -0 -15 which amended Articles VI (Sign Regulations) and XVIII (Indian River Blvd. — S.R. 442 Corridor Design Regulations) permitting City franchise signage on public transportation benches and shelters. 5. Ordinance #2011 -0 -07 will modify Articles VI (Sign Regulations) and XVIII (Indian River Blvd. — S.R. 442 Corridor Design Regulations) to provide requirements for Electronic Message Centers /Signage. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMENDING AND RESTATING ARTICLES VI (SIGN REGULATIONS) AND XVIII (INDIAN RIVER BLVD. — S.R. 442 CORRIDOR DESIGN REGULATIONS) OF CHAPTER 21 (LAND DEVELOPMENT CODE), CITY OF EDGEWATER, FLORIDA. 1 S#ik-e4hfeugh passages are deleted. Underlined passages are added. #2011 -0 -07 Amend Chapter 21 (Land Development Code) of the City of Edgewater, Florida by amending and restating Articles VI (Sign Regulations) and XVIII (Indian River Blvd. — S.R. 442 Corridor Design Regulations) 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 Strike passages are deleted. Underlined passages are added. #2011 -0 -07 PART F. ADOPTION. After Motion to approve by and Second by , the vote on the first reading of this ordinance held on May 16, 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 Str-ike4hreugh passages are deleted. Underlined passages are added. #2011 -0 -07 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 Strik gh passages are deleted. Underlined passages are added. #2011 -0 -07 ARTICLE VI SIGN REGULATIONS SECTION 21 -60 - GENERAL PROVISIONS VI -1 21 -60.01 - Purpose VI -1 21 -60.02 - General Provisions VI -1 21 -60.03 - Permits VI -2 21 -60.04 - Prohibited Signs VI -2 21 -60.05 - Exemptions VI -3 21 -60.06 - Variances VI -4 SECTION 21 -61 - ON -SITE SIGNS VI -4 21 -61.01 - Construction Signs VI -4 21 -61.02 - Development Signs VI -4 21 -61.03 - Pole Sign VI -4 21 -61.04 - Ground Signs VI -5 21 -61.05 - Projecting Signs VI -5 21 -61.06 - Real Estate Signs VI -5 21 -61.07 - Shopping Center Signs (Commercial Centers) VI -6 21 -61.08 - Wall Signs VI -6 21 -61.09 - Window Signs VI -6 21 -61.10 - Subdivision Signs .VI -7 21 -61.11 - Electronic Message Centers /Si na Je . ... ..... ...........................V1 -7 SECTION 21 -62 - OFF -SITE SIGNS VI -8 21 -62.01 - General. Requirements VI -8 21 -62.02 - City Franchise Signs VI -8 21 -62.03 - Public Information Signs VI -8 21 -62.04 - Off-Site Wall Signs VI -9 SECTION 21 -63 - TEMPORARY SIGNS VI -9 21 -63.01 - Portable Signs VI -9 21 -63.02 - Banner Signs VI -9 21 -63.03 - Political Campaign Signs. VI -10 21 -63.04 - Special Events Signs VI -10 21 -63.05 - Garage Sale Signs VI -10 SECTION 21 -64 - NON - CONFORMING SIGNS VI -11 21 -64.01 - Amortization VI -11 21 -64.02 - Removal VI-11 SECTION 21 -65 - SIGN AGREEMENTS VI -11 21 -65.01 - Agreement Process VI -111 21 -65.02 - Agreement Criteria VI -12 SECTIONS 21 -66 THROUGH 21 -69 RESERVED FOR FUTURE USE. Rev. 8 -16 -10 (Land Development Code) Article VI -i- ARTICLE VI SIGN REGULATIONS SECTION 21 -60 — GENERAL PROVISIONS 21 -60.01 - Purpose The purpose of sign regulations is to protect, preserve and improve the character and appearance of the City and to provide opportunity to advertise in commercial and industrial areas. It is further the intent to limit signs in residential and agricultural areas to essential signs, primarily for the purpose of identification and information. These regulations shall be the minimum requirements necessary to accomplish these purposes and to protect the public health, safety and general welfare. In addition to City -wide sign regulations contained in this Article, the City of Edgewater has adopted the Indian River Boulevard Corridor Design Regulations which are incorporated as Article XVIII in this Land Development Code. Requirements contained in Article XVIII, Indian River Boulevard Corridor Design Regulations, shall supercede and compliment the requirements set forth in this Article. Properties located within the Indian River Boulevard Corridor Overlay must adhere to the sign design regulations contained in the Indian River Boulevard Corridor Design Regulations. A copy of these regulations and illustrations for design is available for purchase at City Hall. It is the Developer's responsibility to obtain a copy of the regulations for the Overlay prior to conceptual design layout. 21 -60.02 - General Provisions The following general provisions shall apply to every sign erected in the City. a. The name and address of the company or person installing any sign and the name and address of the company or person maintaining any sign, the date of erection and the voltage of any electrical apparatus shall be permanently affixed on a weather resistant label. b. Any light from any illuminated sign shall be shaded, shielded or directed so that the light intensity or brightness shall not affect adversely the safe vision of operations of vehicles in any public or private road, highway, driveway or parking area. Such light shall not shine directly on or into any residential structure. c. All signs shall be designed and constructed to withstand a wind load pressure of not less than twenty -five (25) pounds per square foot of area or as required by any applicable code or ordinance, whichever is more restrictive. d. Vegetation shall be kept cut around the base of any ground sign for a distance of fifteen feet (15) from any portion of such sign touching the ground and the area around ground sign shall be kept free of any material that might constitute a fire or health hazard. Rev.8 -16 -10 (LandDevelopmentCode) VI -1 21 -60.03 - Permits a. No person shall operate, maintain, erect, alter, repair or relocate any signs until the Development Services Director and Building Official has determined that the proposed sign substantially complies with the requirements of this Article. b. Application for a sign permit shall be on forms provided by the City Building Official and shall, at a minimum, contain the following information: 1. The name, address and telephone number of the applicant, the owner of the sign and the owner of the property on which the sign is to be located; and 2. The address, if any, and legal description of the premises on which the sign is to be located; and 3. A drawing to scale, in duplicate, showing the size, height, location, structural details and dimensions of the sign and sign structure; and 4. Two drawings to scale showing the position of the sign and any other existing advertising structures in relation to the buildings or structures on the premises and to the boundaries of the property; and 5. The signatures of the applicant and the owner of the property or in the event the owner is not available, written evidence of the owner's permission for the erection of the sign; and 6. Such other information as may be necessary to demonstrate compliance with this Article including, but not limited to, engineers' drawings. c. All signs shall be erected, altered, operated and maintained in compliance with the Standard Building Code and the National Electrical Code. Signs 32 square feet, or less, in area shall be deemed to comply with the wind load requirements of the Florida Building Code by submission of plans and specifications to the Building Official. d. The Development Services Director and Building Official shall conduct a timely review of the sign permit application and shall either issue the permit or provide the applicant with a written statement of the reasons for denial. e. Appeals of Building Official decisions regarding construction issues shall be made to the Construction Board of Adjustment and Appeals. Appeals of other sign related issues shall be made in accordance with Article I. 21 -60.04 - Prohibited Signs The following signs are prohibited in the City: Rev.8 -16 -10 (LandDevelopmentCode) VI -2 a. No person shall erect a sign on or over any public property or public right -of -way, except in accordance with a banner sign or franchise agreement approved by the City Council. Any sign(s) installed on public property shall be forfeited to the public and subject to confiscation at the owners' cost. b. The operation of any vehicle for the sole purpose of advertising is prohibited within the City of Edgewater. c. Roof signs, billboards, inflatable signs, snipe signs, banners, pennants, wind operated devices, sandwich signs, moving signs, freestanding signs, flashing signs, beacon light signs with moving or alternating or traveling lights are prohibited, except as limited elsewhere in this Article. Time and temperature signs and lighted moving message boards less than 35 square feet in area shall not be subject to this prohibition. d. Projecting signs within an area bounded by the intersection of two rights -of -way and points fifty feet (50') from such intersections measured along the rights -of -way except as permitted elsewhere in this Article. e. Pursuant to Chapter 316.077, F.S., no sign shall be permitted which is an imitation of or resembles an official traffic control device. 21 -60.05 - Exemptions The following signs shall be exempt from the permitting requirements of this Article. a. Signs less than six (6) square feet in area and used only to identify the property address and occupant's name. b. Legal notices posted by authorized persons of a governmental body. c. Any informational sign directing vehicular traffic, parking or pedestrian traffic on private property, provided that such sign shall contain no advertising material and shall not exceed 4 square feet in total area. The letters shall not exceed eight inches (8 ") in height. If the sign includes any advertising or logo, a sign permit shall be required. d. Identification signs, information signs or traffic control devices erected by any governmental body. In addition, emergency warning signs erected by a government agency, private utility company or a contractor doing authorized or permitted work within a public right -of -way. e. Wall graphics /murals may be an integral decoration of a building, but shall not include letters, trademarks, moving parts or moving lights and shall not cover more than thirty percent (30 %) of any single wall surface area per building. f. On -site signs five (5) square feet or less in area that offers a specific property for sale, lease or Rev.8 -16 -10 (LandDevelopmentCode) V1 -3 rent by the owner or his authorized agent. g. The flag of the United States shall be displayed in accordance with the protocol established by the Congress of the United States for Stars and Stripes. All other flags shall conform to the requirements of Section 21 -61. h. Holiday lights and decorations with no commercial messages between November 1 and February 1 i. Works of art that do not include a commercial message. j. Two open house flags, not exceeding fifteen (15) square feet each in area, displayed during inspection times for model residences. 21 -60.06 - Variances Variances to the requirements of this Article may be granted by the Planning and Zoning Board in conformance with the requirements of Article IX. SECTION 21 -61 - ON -SITE SIGNS 21 -61.01 - Construction Signs a. One construction sign, including the names of persons or firms furnishing labor, services or materials to the construction site, shall be allowed for each project where a building permit has been obtained for the project. b. Such sign shall be removed no later than the date of issuance of a certificate of occupancy. c. No such sign shall exceed thirty-two (32) square feet in area. 21 -61.02 - Development Signs a. One sign, not to exceed sixty -four (64) square feet in area for nonresidential projects or forty - eight (48) square feet in area for residential projects, may be permitted on each site for which a site plan, or subdivision plat, has been approved. b. A development sign permit may be issued for no longer than one (1) year. However, the Building Official may renew the permit, if it is determined that promotion of the site is still active. 21 -61.03 - Pole Signs a. Pole signs shall be limited to two (2) square feet of signage per one (1) linear foot of addressed building frontage and shall not exceed 60 square feet, except as provided in Section 21- 61.07. Rev.8 -16 -10 (LandDevelopmentCode) VI -4 b. Pole signs shall be a maximum of twenty feet (20') high with a minimum nine foot (9') clearance above the ground or sidewalk. No pole sign shall be located closer than fifty feet (50') from any existing pole sign. c. Except for shopping centers as described in Section 21- 61.07, there shall be only one (1) pole sign per parcel. d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame. e. Except as provided in Section 21 -62, a pole sign shall only be used to advertise a business on the same site. 21 -61.04 - Ground Signs a. Ground signs shall be limited to two (2) square feet of signage per one (1) linear foot of addressed building frontage and shall not exceed sixty (60) square feet, except as provided in Section 21- 61.07. b. Ground signs shall be a maximum of ten feet (10') high and shall be located in an approved landscaped buffer area. Ground signs shall not impede traffic visibility as outlined in Article III, "Site Triangle Requirements ". c. Except for shopping centers as described in Section 21- 61.07, there shall be only one (1) ground sign per parcel. No ground sign shall be located closer than fifty feet (50') from any existing ground sign. d. The sign area shall be calculated to include the outside edge of the sign cabinet or frame. e. Ground signs shall only be used to advertise a business on the same site. 21 -61.05 - Projecting Signs a. A projecting sign shall not extend more than four feet (4') beyond the surface of the building to which it is attached. b. The surface area of a projecting sign shall not exceed twenty -four (24) square feet per building. c. There shall be a minimum of nine feet (9') clearance between the bottom of a projecting sign and the ground surface or sidewalk. 21 -61.06 - Real Estate Signs a. A non - illuminated sign advertising the sale or lease of a business or parcel on which the sign is located shall be permitted in any zoning district. Rev.8 -16 -10 (LandDevelopmentCode) V1 -5 b. The maximum sign size shall be thirty -two (32) square feet. c. Model home signs shall not exceed sixteen (16) square feet. 21 -61.07 - Shopping Center Signs a. Ground or pole signs for shopping centers may be constructed subject to compliance with the criteria described below. No other signage shall be permitted for these uses, except wall signs. Sign Criteria Parcel Width Less Parcel Width Greater Than 150 Ft. Than 150 Ft. Number of Signs per One Two Parcel Maximum Allowable 100 sq. ft. per side Anchor Structure Sign Area of All Signage On 200 sq. ft. total 100 sq. ft. per side the Site 200 sq. ft. total Tenants Sign 100 sq. ft. per side 200 sq. ft. total Maximum Height Above Poles - 20 feet Poles - 20 feet Ground Ground - 10 feet Ground - 10 feet Minimum Clearance From Poles - 9 feet Poles - 9 feet Ground Area Allowed For Center 20 percent maximum 20 percent maximum Name Area Allowed For Tenants 80 percent minimum 80 percent minimum Name 21 -61.08 - Wall Signs a. The total amount of wall signs allowed shall be two (2) square feet of signage per one (1) linear foot of addressed business frontage, not to exceed sixty -four (64) square feet. b. The area of a wall sign shall be calculated by summing the area of each letter and the corporate logo in the sign. 21 -61.09 - Window Signs The window area and the glass door area between four feet (4') and seven feet (7') above the adjacent ground shall not be covered by opaque signage. Rev.8 -16 -10 (LandDevelopmentCode) V1 -6 21 -61.10 - Subdivision Signs A maximum one hundred (100) square feet in area ground sign identifying a subdivision may be located at each subdivision entrance provided the site triangle requirements of Article III are met. 21 -61.11 — Electronic Message Centers / Signage a. Electronic message center signs are permitted only along major U.S. 1, Park Avenue and S.R. 442 /Indian River Boulevard. No more than one electronic message center sign is permitted for each property frontage located on the above - referenced roadways. b. Signs must be set back at least ten feet from the right -of -way. c. Signs must be constructed as ground sign. d. The maximum electronic panel area shall not exceed 50% of the sign size. e. A sign with a sign face on two sides and no more than 4.5' feet of separation between faces shall be considered a single sign. f. Sign copy may change only at intervals of not less than five (5) seconds. Continuous scrolling, animation, or flashing of lights is prohibited. g. Obscene, immoral and/or lewd graphics and/or language shall not be displayed at anytime on the display screen area. h. The display screen area shall provide a high- resolution picture quality with pixel spacing of 16 millimeters or less. i. Maximum brightness is 5,000 nits during the day and 500 nits from dusk to dawn. j. A malfunctioning sign must be turned off or display a blank screen. k. Electronic message center signs shall not be added to any nonconforming sign. 1. All power to the sign shall be supplied via underground carrier, inside an improved conduit and installed to City requirements. m. The signage shall be maintained in a good operating condition and external appearance. n. Government electronic message center signs shall provide necessary public information, including but not limited to directions, schedules or information regarding public facilities or places of interest. The City Council may waive the standards in this section for a government sign provided that the deviation promotes the public health, safety and welfare. Rev.8 -16 -10 (LandDevelopmentCode) VI -7 SECTION 21 -62 - OFF -SITE SIGNS Off -site signs that advertise products or businesses located at a site other than the location of the business are deemed by this Article to constitute a separate use. The control and regulation of the display of such advertising deemed to be appropriate to the character and surrounding development shall be considered. It is intended that such advertising be confined to certain commercial and industrial properties. 21 -62.01 - General Requirements All off-site signs shall require approval by the City Council upon a recommendation from the Development Services Director and Building Official. a. Off -site signs shall be limited to twelve (12) square feet in area and shall not be located closer than one thousand feet (1,000') to another off-site sign. b. All off -site signs shall conform to the Standard Building Code construction requirements. 21 -62.02 - City Franchise Signs The City Council may approve off -site signs for certain franchise agreements. The criteria for approval of off -site selection shall be consistent with the conditions contained in the Sign Franchise Agreement and shall be subject to City Council approval. Minimum standards include: a. A leading edge of a franchise sign shall not be closer than ten feet (10') to a paved surface of a public right -of -way, unless approved by the City Manager. b. Signs bearing public information, as designated by the City Manager, may be placed in any zoning district. c. A franchise sign shall have a minimum clearance of nine feet (9') above the ground and a maximum height of sixteen feet (16') except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. 21 -62.03 - Public Information Signs Public information signs containing no commercial message, which are no greater than four (4) square feet in area may be located anywhere in the City. 21 -62.04 - Off -Site Wall Signs City Council may approve off -site wall signs subject to the following: Rev.8 -16 -10 (LandDevelopmentCode) V1 -8 a. The business /development has no other off -site signs. b. Signs shall not exceed thirty -two (32) square feet each. c. No more than one (1) wall sign per each side of the building with a maximum of two (2) signs per building. d. The total square footage allowed for all wall signs per building shall not exceed the requirements contained in Section 21- 61.08. e. Off -site wall signs are temporary and will be permitted for six (6) months. SECTION 21 -63 - TEMPORARY SIGNS 21 -63.01 - Portable Signs a. The Building Official may issue a portable sign permit to a business for a maximum of thirty (30) days per year to announce special events or grand openings. b. The maximum size of a sign shall be thirty-two (32) square feet. c. Only one (1) sign shall be permitted on a parcel at any one time. d. A sign shall not occupy any required parking space nor restrict on -site traffic flow. e. A portable sign shall not be located closer than ten feet (10') to the paved portion of a public right -of -way. f. Portable signs shall not have flashing or moving lights and shall not be affixed to another sign or structure or mounted for the purpose of making it a permanent sign. 21 -63.02 - Banner Signs a. The Building Official may issue only one (1) banner sign per street frontage at a time on a given parcel, for a special event such as grand openings. b. Banner signs shall not be permitted in residential zoning districts and the B -4 district. c. The maximum sign area shall be thirty-two (32) square feet. d. Banners may display business or product logos and generic messages, but not specific sales information. e. Banners may be erected up to seven (7) days prior to the event, shall be removed within two (2) days after the event and shall be limited to ten (10) days per event two (2) times per year. Rev.8 -16 -10 (LandDevelopmentCode) VI -9 f. The City Council may approve banners that do not comply with these requirements for citywide functions. 21 - 63.03 - Political Campaign Signs. a. Political campaign signs shall be permitted as temporary signs and, as such, shall be removed within ten (10) days after the advertised candidate has been finally elected or defeated. A sign may remain through any primary or run -off election as to any candidate who is subject thereto. b. An applicant for a political campaign sign shall be issued one sign permit for an unlimited number of signs. The fee shall be as established by resolution. c. Signs shall not be placed in any public right -of -way, on any public property, attached to any utility pole nor attached to any tree. Signs located on private property shall have the written authorization of the property owner. d. Signs placed on private property shall be securely erected to prevent displacement by heavy winds and so placed as to not interfere with traffic visibility. e. Political campaign sins shall not exceed eight square feet in area. signs 8 g (8) q f. Upon determination of the Code Compliance Officer, illegal signs shall be removed within twenty -four (24) hours after notification to the applicant. g. The City shall retain removed illegal political campaign signs for five (5) working days after notification before their destruction. An applicant may retrieve the signs during this period. 21 - 63.04 - Special Events Signs Sign permit applications for special athletic, civic or charitable events located in or across right -of- ways shall be submitted to the City Clerk's office for the City Council's review and approval. 21 - 63.05 - Garage Sale Signs Temporary garage sale signs may be permitted in City right -of -ways provided: a. Signs may only be erected the day of the sale and must be removed by the following day. b. No sign shall be attached to any utility pole, signs or traffic control devices erected by any governmental agency. c. Garage sale signs shall not be located in County or State Road right -of -ways. Rev.8 -16 -10 (LandDevelopmentCode) V1 -10 SECTION 21 -64 - NON - CONFORMING SIGNS Any existing sign that is in violation of this Article at the effective date of this Chapter shall be deemed a legal non - conforming sign. Such signs may be continued subject to the conditions described below. 21 -64.01 - Amortization a. No non - conforming sign shall be altered, moved or repaired in any way except in full compliance with the terms of this Article. This provision shall not apply to the changing of temporary copy of changeable copy signs or to repairs necessary to maintain the structural integrity or safety of a sign so long as such repairs do not exceed fifty -one percent (51%) of the replacement cost of such sign. b. All non - conforming signs shall be removed or made to conform with this Article, no later than February 14, 2004. In the interim, said sign shall be maintained in good repair, subject to the conditions above. c. Failure to remove non - conforming signs by February 14, 2004 may subject the sign owner to the code compliance provisions of Article X. In this regard, a sign owner may enter into a sign agreement as described in Section 21 -65. 21 -64.02 - Removal a. An obsolete or deteriorated sign shall be removed by the owner, agent or person having beneficial use of the premises on which sign is located and shall be removed within thirty (30) days of written notification by the Code Compliance Department. b. Upon failure to comply with such notice, the Code Compliance Department shall cause the sign to be removed at the owners expense, including any interest that may have accrued. c. Failure to pay such costs within thirty (30) days of the written notification of the removal costs shall create a lien against the sign owner in favor of the City. SECTION 21 -65 - SIGN AGREEMENTS The purpose of this Section is to provide a process and criteria by which the City can bring illegal and/or non - conforming signs into compliance without adjudication by the Code Compliance Board or the court system. 21 -65.01 - Agreement Process a. An applicant shall provide a sign agreement that includes the criteria described in Section 21- Rev.8-16-10 (LandDevelopmentCode) V1 -11 65.02. b. The applicant shall submit the required sign agreement not less than forty -five (45) days prior to the Planning and Zoning Board (P &Z) meeting at which the applicant wishes consideration. c. The P &Z shall conduct a public hearing after providing the following public notice: 1. Direct mail notice to all property owners of record within one hundred fifty feet (150') of the proposed sign location. 2. Post the proposed site no less than ten (10) days prior to the subject P &Z meeting. d. Upon completion of the P &Z deliberations, the agreement shall be scheduled for the next available City Council meeting. e. The City Council shall hold a public hearing regarding the proposed agreement after public notice in the same manner as provided above. f. The City Council shall take final action regarding the agreement within thirty (30) days, unless the applicant agrees to additional time. 21 -65.02 - Agreement Criteria At a minimum, the sign agreement shall include: a. The name, address and phone number of the applicant. b. The name, address and phone number of the existing sign site property owner. c. Any appropriate site drawings and plans. d. A timetable for removal of the existing sign. e. Any proposed site mitigation activities. f. The signature of the applicant. g. The signature of the site property owner. h. The signature of the appropriate City official. Sections 21 -66 through 21 -69 reserved for future use. Rev.8 -16 -10 (LandDevelopmentCode) VI -12 i ARTICLE XVIII INDIAN RIVER BOULEVARD - S.R. 442 CORRIDOR DESIGN REGULATIONS SECTION 21 -410 - PURPOSE AND INTENT XVIII -1 SECTION 21 -420 - APPLICABILITY 21- 420.01 - Indian River Boulevard Corridor Districts XVIII -1 21- 420.02 - Primary And Other Streets XVIII -2 21- 420.03 - Corner Lots /Parcels XVIII -2 21- 420.04 - Conflict With Other Provisions Of Code XVIII -2 21- 420.05 - Registered Landscape Architect Required XVIII -2 SECTION 21 -430 - BUILDING LOCATION AND LANDSCAPE BUFFER XVIII -2 21- 430.01 - West Parkway District XVIII - 12 21- 430.02 - Shores District XVIII -3 21- 430.03 - East Village District XVIII -3 21- 430.04 - Landscape Buffer Requirements For Primary Streets XVIII -3 21- 430.05 - Landscape Buffer Requirements Along Other Side Streets XVIII -3 21- 430.06 - Minimum Lot Width And Depth XVIII -4 21- 430.07 - Minimum Landscape Requirements In Buffer Yard XVIII -4 21- 430.08 - Protection From Vehicle Encroachment XVIII -54 21- 430.09 - Stormwater In Buffer XVIII -5 21- 430.10 - Parking Location XVIII -5 21- 430.11 - Pedestrian And Bicycle Circulation XVIII -5 21- 430.12 - Sidewalks XVIII -5 21- 430.13 - Pedestrian Access Standards XVIII -5 21- 430.14 - Drive - Through Requirements XVIII -6 SECTION 21 -440 - ARCHITECTURAL DESIGN STANDARDS XVIII -7 21- 440.01 - Building Orientation XVIII -7 21- 440.02 - Primary Building Entrance XVIII -7 21- 440.03 - Building Height And Transition XVIII -8 21- 440.04 - Facade Treatments XVIII -8 21- 440.05 - Prohibited Facade Treatments XVIII -9 21- 440.06 - Loading And Service Areas XVIII -9 21- 440.07 - Outdoor Shopping Cart Storage XVIII -9 21- 440.08 - Fenestration XVIII -9 21- 440.09 - Roof Treatments And Materials XVIII -10 21- 440.10 - Building Color XVIII -11 21- 440.11 - Multi- Building Complexes XVIII -11 Rev.8 -16 -10 (Land Development Code) Article XVIII -i- SECTION 21 -450 - SIGNS XVIII -12 21- 450.01 - Freestanding Signs XVIII -12 21- 450.02 - Ground Signs Required XVIII -12 21- 450.03 - Business Identification Signs XVIII -13 21- 450.04 - Multi- Tenant Buildings XVIII -14 21- 450.05 - Specialty Signs XVIII -14 21- 450.06 - Signage Performance Standards XVIII -14 21- 450.07 - Exempted Signs XVIII - 1544 21- 450.08 - Prohibited Signs XVIII -15-1 -4 21- 450.09 - Sign Illumination XVIII -154 21- 450.10 - Prohibited Lighting XVIII -15 SECTION 21 -460 — NONCONFORMING STRUCTURES XVIII -16 21- 460.01 — Existing Nonconforming Structures XVIII - 1 6 21- 460.02 — Guidelines For Nonconforming Structures XVIII -16 SECTION 21 -470 - RESERVED SECTION 21 -480 - RESERVED SECTION 21 -490 - RESERVED Rev8- 16- 10(LandDevelopmentCode) XVIII -ii ARTICLE XVIII INDIAN RIVER BOULEVARD — S.R. 442 CORRIDOR DESIGN REGULATIONS SECTION 21 -410 - PURPOSE AND INTENT These design regulations are intended to ensure high quality private development in the Indian River Boulevard Corridor. The two major components of these regulations are: 1) landscape, buffer and related site development treatments, especially areas immediately adjacent to the road and 2) building design standards for new and redeveloped structures, including signage. Applicants for development within the Indian River Boulevard Corridor Overlay are required to obtain a copy of the complete design guideline package from City Hall. SECTION 21- 420 - APPLICABILITY Parcels that share a common boundary with Indian River Boulevard will be subject to the requirements, standards and criteria contained in these regulations. Furthermore, these requirements apply to all residential, commercial, office, institutional and industrial development, including both public and private facilities within the Indian River Boulevard Corridor. The provisions of this document are applicable to all properties that touch, front or are otherwise adjacent to Indian River Boulevard. Properties that include a complex or subdivision of buildings shall be considered to be included within the guidelines in their entirety, including parent tracts, out - parcels, flag lots, etc. They apply to both new development and redevelopment activities. 21- 420.01 - Indian River Boulevard Corridor Districts Indian River Boulevard has three distinct districts. These districts are defined below and are referred to throughout these regulations. In addition, intersecting roads are also defined below. Refer to the complete design guideline package available from the Development Services Department for a map showing the three separate districts. District Intersecting Street Intersecting Street The West Parkway Interstate 95 Pinedale Road District The Shores District Pinedale Road India Palm Drive The East Village District India Palm Drive Riverside Drive Rev.8 -16 -10 (Land Development Code) XVIII -1 21- 420.02 - Primary And Other Streets The following major streets that intersect Indian River Boulevard shall be considered as Primary and Other Streets: Number of feet from intersection that these Street Type Intersecting Street regulations shall be applicable along these roads. Primary Old Mission Road 500 Primary Air Park Road 500 Primary U.S. Highway 1 500 Primary Riverside Drive 500 Other All other streets 100 21- 420.03 - Corner Lots/Parcels Corner lots /parcels shall be considered to have two (2) front perimeters. For other streets that intersect now or in the future, the parcels that are corner lots or corner developments adjacent to Indian River Boulevard shall comply with these requirements. 21- 420.04 - Conflict with Other Provisions of Code The requirements for the Indian River Boulevard Corridor Overlay Area supersede the general requirements within this Land Development Code, however properties zoned RP (Residential Professional) shall adhere to sign requirements as set forth in Article III. The RP (Residential Professional) sign requirements shall apply first in the RP (Residential Professional) zoned property in the event of a conflict. However, when not in conflict with Article III, the remaining requirements as set forth in Article XVIII shall apply to RP (Residential Professional) zoned properties. Existing developed or vacant properties adjacent to Indian River Boulevard from U.S. Highway 1 to Willow Oak Drive shall be developed in accordance with the standards set forth in Article V (Site Design Criteria) until such time as a change in use is proposed. A change in use shall mean a change in character involving activities that result in a different external impact. 21- 420.05 - Registered Landscape Architect Required A Landscape Architect registered in the State of Florida shall be required to prepare landscape plans and related irrigation plans for all lands for which this Article applies. SECTION 21 -430 - BUILDING LOCATION AND LANDSCAPE BUFFERS The setback is the distance between the edge of the road's right -of -way, also referred to as the property line, and the closest edge or wall of the principal building on the site. The building location and landscape buffer requirements are identified below. Rev8- 1 6- 1 0(LandDevelopmentCode) XVI11 -2 21- 430.01 - West Parkway District a. Setback and Buffer. A minimum fifty -foot (50') landscape buffer shall be provided in the West Parkway District. Buildings will not be allowed within one hundred feet (100') of the property line adjacent to Indian River Boulevard or primary streets. b. Management and Maintenance of Natural Vegetation. Site plan submittals will be required to graphically identify the manner in which natural areas will be preserved and maintained. Site plan submittals shall identify where natural areas will be trimmed and to what limited extent they will be altered for visibility from the road. If a certain view or angle from the road is desired, the site plan shall identify a "viewshed ", i.e., the area within which trimming of small trees and understory vegetation is desired. The extent of trimming should be clearly noted in terms of extent and height, as well as the thinning of trees and vegetation. Trees larger than four inches (4 ") in diameter shall not be removed. Trimming of vegetation shall not be allowed lower than thirty -six inches (36 ") from the ground. Areas to remain undisturbed shall also be identified. This information becomes part of site plan approval, and will be utilized for maintenance as well as enforcement by the City. 21- 430.02 - Shores District A minimum ten -foot (10') landscape buffer shall be provided in the Shores District. Buildings shall not be allowed within forty feet (40') of the property line adjacent to Indian River Boulevard or primary streets. 21- 430.03 - East Village District A minimum twenty -foot (20') landscape buffer shall be provided from the front property line in the East Village District. Buildings will not be allowed within forty feet (40') of the property line adjacent to Indian River Boulevard or primary streets. 21- 430.04 - Landscape Buffer Requirements For Primary Streets The landscape buffer requirements along primary streets in the Indian River Boulevard Corridor shall be twenty feet (20') in width. Unless otherwise noted, additional requirements shall comply with the adjacent District within the Indian River Boulevard Corridor to the maximum extent practicable. Building will not be allowed within forty feet (40') of the property line adjacent to Indian River Boulevard or primary streets. 21- 430.05 - Landscape Buffer Requirements Along Other Side Streets The landscape buffer requirements along other existing or future streets that intersect Indian River Boulevard shall be a minimum of twenty feet (20') in width and shall comply with the adjacent District of Indian River Boulevard to the maximum extent practicable. Rev8- 16- 10(LandDevelopmentCode) XVIII -3 21- 430.06 - Minimum Lot Width And Depth The minimum lot width and depth for all new development along the corridor shall be 200 feet (200') by 200 feet (200'). This requirement ensures that minimum building setback and buffer requirements can be accomplished within the context of typical site development, building coverage, parking, stormwater and other customary site amenities. Any deviation from this standard for out - parcels, flag lots and other circumstances should ensure that the configuration of the resulting development site allows for compliance with the intent and purpose of these guidelines. 21- 430.07 - Minimum Landscape Requirements In Buffer Yard The following requirements are intended for private property outside of the public right - of -way adjacent to the corridor and primary streets. a. West Parkway District. These requirements shall provide the basis for infill vegetation as needed where natural vegetation is sparse. The minimum landscaping in the buffer yard shall be eight (8) shade trees, ten (10) understory trees and seventy (70) shrubs per one hundred (100) lineal feet. To maintain a natural look, trees and shrubs shall be placed in an organic or curvilinear manner that is similar to and consistent with natural adjoining areas, which have been preserved. Linear arrangements are discouraged in the West Parkway District. b. Shores District. Canopy trees shall be coordinated with the placement of the poles within the FPL easement along Indian River Boulevard. Where feasible, the minimum landscape buffer shall be one (1) shade tree (e.g. Oak) per fifty lineal feet (50') on private property alternating with the City's oak trees in the public right -of- way. Understory trees are optional and recommended at two (2) per twenty lineal feet (20'). Shrubs are optional unless a fence is put up. If a fence is visible from the public right -of -way, shrubs are required along the entire length of the fence spaced just far enough apart for the species to grow. c. East Village. The minimum landscape buffer shall include a total of three (3) trees per every fifty lineal feet (50'). One (1) Magnolia placed every fifty (50) lineal feet. Two (2) Crepe Myrtles placed in between the Magnolia's fifty (50) lineal feet. Shrubs shall be placed at a minimum of forty (40) per one hundred (100) lineal feet. d. Varied Color. Landscaping shall be arranged to display variety and color by utilizing flowering and variegated species whenever possible. Such variety and color shall be accomplished by using a combination of shrubs and ornamentals as approved by the City. Ornamentals shall not constitute more than fifty percent (50 %) of required shrubs. e. Wetlands and Natural Vegetation Preservation. Within the buffer, major wetlands shall be preserved as set forth in the City's Comprehensive Plan and Land Development Code. Natural uplands vegetation shall be preserved to the maximum extent feasible. f. Side and Rear Yards. The side and rear yards of all properties shall be provided with landscape treatment consistent with this Land Development Code. Rev8 -16- 1 0(LandDevelopmentCode) XV 11I -4 21- 430.08 - Protection from Vehicle Encroachment Landscape buffers shall be protected from vehicles in the parking area with curbs for those parking spaces adjacent to the buffer. Plantings adjacent to parking areas shall be located a minimum of three and one -half (3'/2) feet from the front end of the parking space to prevent encroachment into required landscape areas. Wheel stops shall not be utilized in any portion of the parking area. No paved areas will be allowed in the buffer other than required traffic circulation access. In already developed areas such as the East Village District, no additional pavement will be allowed in the buffer area. 21- 430.09 - Stormwater in Buffer In order to create shallow retention areas, removal of a maximum of fifty percent (50 %) of understory trees and shrubs may be permitted to provide for shallow swales without removal or damage to existing shade trees. Landscape buffers on primary and other streets may be combined with approved on -site, wet or dry-bottom stormwater retention areas provided that these areas are designed as visual amenities without chain link fences (or similar utilitarian appurtenances) and with shade trees. 21- 430.10 - Parking Location These standards shall prevent automobiles from being highly visible from the roadway. This applies to parking areas, automobile service areas and other vehicular circulation areas. For screening, a forty -inch (40 ") high decorative wall, berm or hedge shall be provided at the same or above the finished grade of parking and other vehicular use areas. Dense existing natural vegetation that provides a similar forty -inch (40 ") high screen from Indian River Boulevard may substitute for a berm, hedge or wall. These requirements for a hedge may be combined with the required landscape buffer requirement for shrubs. 21- 430.11 - Pedestrian and Bicycle Circulation The purpose of this subsection is to provide safe opportunities for alternative modes of transportation by connecting buildings with existing and future pedestrian and bicycle pathways and to provide safe passage from the public right -of -way to the building. 21- 430.12 - Sidewalks Sidewalks are provided throughout most of the Shores and East Village Districts. As development continues, developers should provide sidewalks where not already available, especially in the West Parkway District, which does not have sidewalks. In all districts, sidewalks will be separated from the curb a minimum of four feet (4') to provide safety for pedestrians, for passing vehicles and adequate space for landscaping. In the West Parkway District, additional separation may be necessary to preserve natural vegetation. 21- 430.13 - Pedestrian Access Standards Pedestrian circulation shall be provided by connecting buildings with existing and future Rev8- 16- 10(LandDevelopmentCode) XVIII -5 pedestrian and bicycle pathways as well as by providing safe passage from the public right -of -way to the building in the manner set forth below. a. Number of Pedestrian Ways Required. Pedestrian ways shall be provided at a minimum ratio of one (1) for each customer vehicular entrance to a project. For example, if there are two (2) driveways into the site, two (2) sidewalk entries are required. Entrances designed primarily for service and delivery vehicles are not included in this ratio. b. Materials. Pedestrian walkways shall be handicapped accessible. Materials may include specialty pavers, colored concrete or stamped pattern concrete. Natural materials for pedestrian paths may be encouraged in the West Parkway District. c. Pedestrian Shade. Pedestrian walkways shall provide intermittent shaded areas when the walkway exceeds one hundred (100) linear feet in length at a ratio of one hundred (100) square feet of shade for every one hundred (100) linear feet of walkway. 21- 430.14 - Drive - Through Requirements Drive - through windows and lanes shall not be located on a side of the building visible from a public right -of -way. Drive - through lanes shall be designed primarily for pedestrian safety and crossing. Drive - through designs must have the same detail of the principal structure and match the materials and roof of the principal structure. a. Screening Drive - Throughs. A dense hedge of evergreen shrubs shall be provided in the following manner to screen drive - throughs: 1. At initial planting and installation, shrubs shall be at least thirty inches (30 ") in height and shall be planted thirty inches (30 ") or less on center. 2. Within one (1) year of initial planting and installation, shrubs shall have attained, and be maintained at a minimum height of four feet (4') and shall provide an opaque vegetative screen between the street and the drive - through. The hedge must continue for the entire length of the drive - through stacking area. 3. In lieu of a vegetative hedge, the use of vegetated berms with appropriate landscape materials may be used in a manner that results in the visual separation of street right -of -way and the drive - through. b. Stacking Distance. The following stacking distances, measured from the point of entry to the center of the farthest drive - through service window area, are required: 1. Restaurants, full service car washes and day care facilities: Two hundred twenty feet (220') 2. Banks (per lane): One hundred seventy five feet (175') 3. Self Service Car Wash (per bay) and Dry Cleaners: Sixty -five feet (65') 4. Other uses may require the City to determine the stacking distance on a case - by -case basis. Rev8- 16- 10(LandDevelopmentCode) XV111 -6 5. Facilities not listed above with more than one (1) drive - through lane shall provide one hundred feet (100') of stacking distance per lane measured from the point of entry to the center of the farthest service window area. 6. Drive - Through Separate From Other Circulation: The drive - through lane shall be a separate lane from the circulation routes and aisles necessary for ingress and egress from the property or access to any off - street parking spaces. c. Pass Through Lanes. A pass - through lane shall be required for all drive - through facilities constructed adjacent to at least one (1) stacking lane in order to provide egress from the stacking lane. SECTION 21 -440 - ARCHITECTURAL DESIGN STANDARDS The architectural design standards are intended to be flexible and encourage design diversity and variations. The criteria for development along the corridor will primarily ensure that the architectural integrity and details of existing structures are maintained, as well as affirm the appropriateness of new development into the character of the districts. Special attention has been placed on the creation of an attractive, safe and functional urban environment. 21- 440.01 - Building Orientation All buildings shall be oriented so that primary facades face public rights -of -way. Buildings on corner lots shall be considered to have two (2) fronts and shall be designed with additional architectural embellishments such as towers or other design features at the corner to emphasize their location as gateways and transition points within the community. Although the main aesthetic emphasis shall be on the primary facade(s), all building elevations shall receive architectural treatment. The style of windows shall remain uniform on all sides of the building. 21- 440.02 - Primary Building Entrance In general, the primary pedestrian entrance to all buildings shall face Indian River Boulevard, and shall be clearly defined and highly visible for the pedestrian. Multiple tenant buildings shall have all customer entrances distinguished pursuant to these regulations. Primary entrances shall have either a protruding or raised roof, a stoop, a projection or recession in the building footprint a minimum of three feet (3') in depth that clearly identifies the entrance. Corner lots shall provide an entrance on both public rights -of -way or a corner entrance. In addition, every primary entrance shall have two (2) other distinguishing features from the list below: 1. Variation in roof height around door; Rev8- 16- 10(LandDevelopmentCode) XVI11 -7 2. Canopy or portico; 3. Raised cornice or parapet over door; 4. Arches or columns; 5. Patterned specialty paving at entrance and along walkway; 6. Ornamental and structural architectural details other than cornices over or on the sides of the door; or 7. Any other treatment, which, in the opinion of the City, meets the intent of this Section. 21- 440.03 - Building Height And Transition Buildings will not be allowed to be any higher than already permitted in the respective zoning district. New developments that are more than twice the height of any existing building within three hundred feet (300') shall provide transitional stepped massing elements to minimize the contrast between the buildings. The transitional massing element shall include a primary facade that is no more than the average height of the adjacent buildings. 21- 440.04 - Facade Treatments Facade treatments of a building must be designed with consistent and uniform architectural style. Detail and trim features must be consistent with the style of the building. Diversity of architectural elements on the facade that are compatible with the style are required. These elements must be integrated with the massing and scale of the buildings. Building walls and facade treatments must avoid large blank wall areas by including at least three (3) of the design elements listed below or their equivalent design feature. Design elements should be in intervals of no more than thirty feet (30') apart, and repetition is encouraged. At least one of the design elements should repeat horizontally. At a minimum, buildings must provide at least two (2) of the following building design elements on the primary facade: 1. Awnings or attached canopies; 2. Arcades or colonnades; 3. Display windows a minimum of six feet (6') in height along sixty -five percent (65 %) of the primary facade; 4. Clock or bell towers; 5. Decorative landscape planters or wing walls which incorporate landscaped areas; 6. Pergola; 7. Benches or other seating components built into the building; 8. Texture or pattern change; 9. Material module change; 10. Ornamental or structural detail; 11. Varied building setbacks or projections; or Rev8- 16- 10(LandDevelopmentCode) XVIII -8 12. Expression of architectural or structural bays, through a change in plane of no less than twelve inches (12 ") in width, such as a reveal, an offset or a projecting rib. Changes in color along the facade that are compatible with each other and the style of the building are encouraged but not sufficient to break up the mass of the facade. 21- 440.05 - Prohibited Facade Treatments The following treatments or features are prohibited on any facade that are visible from the public rights -of -way: 1. The use of reflective glass and reflective film is prohibited on all buildings. Windows and doors should be glazed in clear glass with no more than ten percent (10 %) daylight reduction. 2. Garage doors used either as decoration or for vehicular service, storage or any other use (these elements must be side loaded). 3. Glass curtain walls. 4. Stained glass and art glass installations may be permitted, provided they are in character with the style of the building. 21- 440.06 - Loading And Service Areas Loading and service areas will be located behind or to the rear of buildings and will be screened with walls and landscaping. Materials, rooflines and colors are permitted to be consistent with the primary structures. 21- 440.07 - Outdoor Shopping Cart Storage All outdoor storage of customer shopping carts adjacent to the building shall be screened by a wall a minimum of four feet (4') in height that is consistent in style, materials and color to the facade. Arcade or colonnade areas cannot be used for the storage of shopping carts. 21- 440.08 - Fenestration Fenestration is the placement of windows and doors. Windows and doors must cover at least thirty percent (30 %) of the area of the primary facade. Windows must be located between three feet (3') and seven feet (7') measured from ground level. a. Exterior Wall Materials. All buildings subject to the terms of this Section shall be clad with typical Florida building materials that are durable and appropriate to the visual environment and climate. Design flexibility and creativity is encouraged using ornamentation from a wide variety of architectural styles. b. Finish materials for walls. Exterior walls are the most visible part of most buildings. Their exterior finishes shall be one of the following: 1. Concrete block with stucco; 2. Reinforced concrete with smooth finish or with stucco; Rev8- 16- 10(LandDevelopmentCode) XVIII -9 3. Natural brick or stone (excluding ashlar or rubble construction look); 4. Wood, pressure treated or naturally decay - resistant species; 5. Fiber - reinforced cement panels or boards that simulate wood; or 6. Synthetic stucco may be used only on non - facade walls. c. Prohibited Materials. No exterior wall shall be covered with the following materials: 1. Plastic or vinyl siding; 2. Corrugated or reflective metal panels, steel buildings; 3. Applied stone in an ashlar or rubble look: 4. Smooth, scored or rib faced concrete block; 5. Any translucent material, other than glass; or 6. Any combination of the above. d. Corporate Design. Corporate franchises should not be allowed to create visual clutter or to use architecture and building colors to act as signage. Therefore, exceptions to these guidelines shall not be made for corporate franchises. National corporate chains that typically design their buildings to read as signage have been known to modify their designs to blend with the character of the neighborhood. 21- 440.09 - Roof Treatments and Materials Variations in the rooflines must be used to add interest to and reduce the massing of buildings. Roof features and materials must be in scale with the building's mass and complement the character of adjoining and adjacent buildings and neighborhoods. a. Roof Standards. While any roof type is acceptable, the following standards shall apply: 1. All flat roofs and any shed roof with a slope of less than 1:6 must be concealed by a parapet; 2. All hipped and gabled roofs and all shed roofs with a slope greater than 1:6 must have overhangs of at least eighteen inches (18 "); 3. Mansard roofs must have the lowest sloped surface, begin above a cornice line and then slope upward and inward; 4. Small towers, cupolas and widow's walks are encouraged (if they are compatible with the style of the building); 5. Unless specifically designed otherwise, roof overhangs shall wrap around all four (4) sides of the building so that there is visual continuity around the entire building unless site - specific conditions warrant otherwise; or 6. Skylight glazing must be flat to the pitch of the roof. b. Permitted Roof Materials. The following roofing materials are permitted: 1. Standing Seam Metal: Steel (galvanized, enameled or teme- coated), stainless steel, copper and aluminum; 2. Architectural Shingles: Asphalt, fiber reinforced cement, metal, fiberglass and wood; Rev8- 16- 10(LandDevelopmentCode) XVI11 -10 3. Tile: Clay, terra cotta or concrete; or 4. Flat roofs hidden by parapet: any material allowed by building code. c. Equipment on Roof. All equipment located atop a roof of a building must be concealed so that it is not visible by a person standing anywhere on the site or on an adjacent public street. 21- 440.10 - Building Color Simple color schemes are encouraged. As a general rule, building facade should not exhibit more than three (3) colors. a. Prohibited Colors. The use of garish or gaudy colors is prohibited. The use of black, neon or fluorescent colors is prohibited as the predominant building color. b. Trim on Facade. Building trim and accent areas may feature any color, limited to ten percent (10 %) of the affected facade segment, with a maximum trim height of twenty -four inches (24 ") total for its shortest distance. 21- 440.11 - Multi- Building Complexes Specific provisions must ensure a unified architectural design and site plan between a complex of buildings or between out - parcel buildings and the main building(s) on the site. The following standards assure an enhanced visual impact of the buildings, as well as providing safe and convenient vehicular pedestrian access and movement within the site. a. Building Groups and Complexes. Buildings and structures, which are a part of a present or future group or complex, shall have a unity of character and design and the use, texture and color of materials shall create a harmonious whole. In addition, the design, scale and location on the site shall enhance rather than detract from the character, value and attractiveness of the surrounding community or neighborhood. b. Ancillary Structures. Separate ancillary structures, including, but not limited to, car washes, cashier booths, and/or canopies over gas pumps shall have comparable pitch or parapets for roofs and shall otherwise have the same architectural detail, design elements, color scheme, building materials and roof design as the primary structure. c. Out - Parcel Facade. All exterior facade of an out - parcel building must be considered primary facade and must employ architectural site and landscaping design elements which are integrated with, and common to, those used on the main development including color, materials, and decorative treatments. d. Connect Circulation of Out - Parcels. Out - parcel structures that are adjacent to each other must provide for vehicular connections between their respective parking lots and provide interconnection of pedestrian walkways. e. Common Wall and Side -By -Side Buildings. When the use of common wall, side - by -side development occurs, continuity of facade and consolidated parking for several businesses in one parking lot may be used. Rev8- 1 6-1 0(LandDevelopmentCode) XVIII -11 f. Service Areas. Service areas shall not be located in front yards and shall not be visible from a public right -of -way. Waste disposal areas shall be screened one hundred percent (100 %) by a masonry wall and landscape buffer. The wall shall be consistent in style, materials and color to the facade. The landscape buffer shall be a minimum of five feet (5') in width and shall contain a hedge three feet (3') in height at planting and capable of attaining five feet (5') in height and total opacity within eighteen (18) months. Mechanical equipment, satellite dishes, and other service support equipment shall be located behind the building line and shall be fully screened from the view of adjacent properties both at ground and roof top levels. g. Pay Phones. All telephones on private property shall be confined to a space built into the building or buildings or enclosed in a separate structure compatible with the main building. h. Building Security Devices. Exterior mounted security gates or solid roll down metal windows shall be prohibited. Link or grill type security devices shall be permitted only if installed from the inside, within the window or doorframes. Other types of security devices fastened to the exterior walls are not permitted. SECTION 21 -450 - SIGNS Sign regulations are important because they ensure consistency of signage along the corridor and thereby prevent clutter and confusion exemplified by older, unregulated strip commercial areas. The purpose and intent of sign regulations will be to augment the City of Edgewater's existing sign code to fit the higher aesthetic standard being established for Indian River Boulevard. This Section covers freestanding or detached signs, attached or building signs, multi -tenant development signs and specialty signs. Properties zoned RP (Residential Professional) shall adhere to sign requirements as set forth in Article III. 21- 450.01 - Freestanding Signs Freestanding signs include signs that are typically placed in front of businesses and developments in order to achieve visibility from the highway. By definition, freestanding signs are unattached to the building(s). 21- 450.02 - Ground Signs Required Freestanding ground signs shall be allowed in the Indian River Boulevard Corridor. Pole signs are prohibited. a. Height. The maximum height of the entire sign structure shall be eight feet (8'). b. Sign Area. The sign area of ground signs shall be calculated at a ratio of one square foot (1') of sign area per two linear feet (2') of addressed building frontage, with the following maximums. 1. Typical Building. Ground signs shall not exceed forty -eight (48) square feet for buildings with Indian River Boulevard road frontage. Rev8- 16- 10(LandDevelopmentCode) XV111 -12 2. Primary Streets and Other Intersecting Streets. Ground signs on primary streets and other streets intersecting Indian River Boulevard may be up to thirty -two square feet (32'). c. Number of Ground Signs. One (1) sign shall be allowed per parcel with four hundred feet (400') or less of road frontage. If a parcel's road frontage exceeds four hundred feet (400') and is less than seven hundred feet (700'), then a maximum of two (2) ground signs shall be allowed but no closer than three hundred feet (300') apart. If a parcel's road frontage exceeds seven - hundred feet (700'), then a maximum of three (3) ground signs shall be allowed, but no closer than three hundred feet (300') apart. d. 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. e. Ground Sign Setback. The planter setback shall be a minimum of ten feet (10') from the right -of -way. 1 . Movement. No ground sign nor its parts shall move, rotate or use flashing lights. Electronic Message Centers (EMC) / Signage. EMC signage shall conform to the requirements contained in Article VI, however, in the event of conflicting language, the requirements of Article XVIII shall supersede. All other requirements contained in this _Article shall also apply. 21- 450.03 - Business Identification Signs Business identification signs include signs that are attached to the building wall or window. They include wall signs (flat against building wall), projecting/hanging signs (perpendicular to the building), window signs, canopy /marquis and awning signs. The following general design criteria shall apply to all attached signs located in the Indian River Boulevard Corridor. No sign shall cover architectural detailing. Only one (1) business identification shall be allowed per sign to reduce clutter. a. Wall Signs. Wall signs should be limited to one (1) per business per facade. The total amount of wall signs allowed shall be two (2) square feet of signage per one (1) linear foot of addressed business frontage, not to exceed sixty -four (64) square feet, provided however that copy area shall not exceed fifty percent (50 %) of the primary frontage (width) of the tenant space. Wall signs should be placed on the building facade and not perpendicular to the wall. b. Projecting/Hanging Signs. Projecting/hanging signs should not exceed four (4) square feet and should be located adjacent to the entry to the building or to the Rev8- 16- 10(LandDevelopmentCode) XV111 -13 tenant space. If located under an awning or marquis, the projecting sign should be located perpendicular to the building face. c. Window Signs. Window signs should be maintained properly. Window signs shall be painted or decal only and should not exceed twenty five percent (25 %) of window area. Sign location shall be between four feet (4') to six feet (6') above grade to allow visibility into the store for pedestrians. Promotional posters for civic events shall be permitted on windows and should not be included in the sign area calculation. d. Canopy/Marquis or Awning Valance Signs. Signs shall not be permitted on canopy /marquis or awning valance structures. 21- 450.04 - Multi - Tenant Buildings Developments that have multiple tenants shall limit the ground sign to just the name of the center /complex (may also possibly include an anchor store) and wall signs to identify the individual tenants to prevent clutter along the corridor. a. Directory Signs (for multi -use developments). Sites with two (2) or more businesses on the premises are allowed a directory sign. The size of the sign should not exceed six (6) square feet. The location of directory signs should be approved at the discretion of the City. 21- 450.05 - Specialty Signs a. Easel. Easel signs should be limited to one (1) sign per active store entranceway. The sign should relate to the business or merchandise line of the particular place of business. Easel signs should be no larger than twenty four inches (24 ") wide by thirty six inches (36 ") high. 1. Signs placed on easels should be no larger than twenty -four inches (24 ") wide by twenty -four inches (24 ") high. 2. Signs shall be located directly in front of the business entrance at a distance of no greater than five feet (5') from the building and shall not block pedestrian movement. b. Flags. A maximum of one (1) state, one (1) federal and one (1) local /county flag per parcel; each a maximum of thirty -five (35) square feet. Flags shall be set back from road right -of -way a minimum distance of ten feet (10'). c. Opening Banners. Opening banners shall be allowed from two (2) weeks prior to opening until one (1) month after opening. Banners shall be located on building walls. 21- 450.06 - Signage Performance Standards Only permanent durable materials allowed and must be maintained. Signs should be executed by a qualified, professional sign maker; homemade signs are prohibited. Rev8- 16- 10(LandDevelopmentCode) XV111 -14 21- 450.07 - Exempted Signs Real estate signs and construction signs shall meet Land Development Code standards. 21- 450.08 - Prohibited Signs a. 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, trash receptacle signs, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. Bench signs are prohibited except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. b. No advertising or signage is allowed on any exposed amenity including but not limited to trash containers and fences. Bench signs are prohibited except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. 21- 450.09 - Sign Illumination a. Sign lights shall be focused, directed and so arranged as to prevent glare or direct illumination or traffic hazard from said lights onto residential districts or onto the abutting roadways. No objectionable glare shall be directly visible from a public right -of -way or residential zone. Illuminated signs shall provide shielding from any source of illumination other than neon. b. Any external, above - ground light source shall be located and hidden within the sign planter bed. Light sources located outside the sign planter bed shall be in a burial fixture. 21- 450.10 - Prohibited Lighting a. No flashing or pulsating light shall be permitted on any sign. No sign shall be permitted which involves lighting or motion resembling traffic or directional signals, warnings or other similar devices, which are normally associated with highway safety or regulations. In addition, no sign shall be permitted which constitutes a safety hazard or hindrance because of light, glare, focus, animation, flashing or intensity of illumination. Lighted signs shall be designed and located so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. High intensity lights such as beacon lights, spotlights or floodlights shall not be permitted in the Indian River Boulevard Corridor. b. No prisms, mirrors or polished reflecting surfaces shall be used for purpose of augmenting intensity of light sources and no hi- intensity lights or stroboscopic lights or effect is permitted. 1. No more than forty -five (45) milli - amperes on high voltage side of neon transformer shall be permitted. 2. Maximum wattage of incandescent bulbs shall be limited to eleven (11) watts. 3. A maximum of sixty (60) milli - amperes shall be permitted on neon tubing. Rev8- 16- 10(LandDevelopmentCode) XV111 -15 4. Letters or border decoration of buildings with a maximum of eleven (11) watt maximum incandescent bulbs shall be permitted. 5. Strip lighting includes lighting used to outline a structure or any part thereof and shall be prohibited. Streamer lights and/or neon strip lighting shall be prohibited above the roof level of any building. Strip lighting, as referred to here, shall not include Christmas decorations and related lights. SECTION 21 -460 — NONCONFORMING STRUCTURES 21- 460.01 — Existing Nonconforming Structures These guidelines apply to buildings and structures. Further, any structure which is lawfully existing when these regulations are adopted (or amended) and which does not conform with all the provisions of these regulations may remain and be continued subject to the following regulations. 1. The intent and purpose of these nonconforming structure provisions shall be to improve and otherwise encourage such structures to be redeveloped and revitalized in ways that conform with these regulations to the greatest extent feasible. Therefore, such structures, may be used, enlarged, replaced, altered and/or expanded subject to the following: 2. Such use, enlargement, replacement, alterations, expansions and/or extension is approved (as a conditional use /special exception/administrative variance) by the Planning and Zoning Board under the procedures of these regulations. 3. All applications shall be subject to all appropriate safeguards and conditions necessary to ensure that any such approval will not be contrary to the public interest, the intent of these Indian River Boulevard Design Guidelines or injurious to the specific area in which the existing nonconforming structure is located. 4. All applications shall provide complete and written justification regarding any provisions of these regulations that the applicant believes cannot be fully complied with. Such justification shall not include monetary considerations. 5. Under no circumstances shall the provisions of this Section be construed to mean that any existing nonconforming structure may be changed, or that any provision, requirement and/or regulation contained within these regulations can be waived or reduced which can reasonably be complied with by the applicant. The provisions of this Section shall not be construed and/or applied in such a manner as to permit the enlargement, replacement, alterations, expansion and /or extension of any existing nonconforming structure without justifiable reasons based on a legally existing and nonconforming status; that would result in any undue hardship or injurious activity that would deprive adjacent individual property owners of their property rights; or that would be detrimental to the area surrounding the nonconforming premises in general. 21- 460.02 — Guidelines For Nonconforming Structures a. No nonconforming structure shall be enlarged, replaced or altered in any way which increases it nonconformity except in conformance with these regulations; Rev8- 16- 10(LandDevelopmentCode) XVIII -16 b. It is further stated that any alterations, replacement or modification of the exterior of a nonconforming structure shall comply with these design guidelines to the maximum extent feasible; c. Nonconforming structures may be restored to a safe condition if declared unsafe, providing that such restoration does not constitute more than fifty- percent (50 %) of the structure's appraised fair market value; d. If damaged by more than fifty- percent (50 %) of its appraised fair market value, a nonconforming structure shall not be restored except in conformance with these regulations. e. Nonconforming structures may have normal repair and maintenance performed to permit continuation of the nonconforming structure. SECTION 21 -470 - RESERVED SECTION 21 -480 - RESERVED SECTION 21 -490 - RESERVED Rev8- 16- 10(LandDevelopmentCode) X V I 1 1 -17 AGENDA REQUEST C.A. #2011-TA-1103 Date: May 5, 2011 PUBLIC HEARING May 16, 2011 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1st Reading — Ordinance No. 2011 -0 -06 Enacting Article XX (Ridgewood Avenue Corridor Design Regulations) 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: Due to the increase of various types of development along the Ridgewood Avenue Corridor, City staff proposes criteria relating to the design standards for property along the corridor. These design regulations are intended to ensure high quality development and redevelopment on Ridgewood Avenue. The two major components of these regulations are: 1) Landscape, buffer and related site development treatments and, 2) Building design standards for new and redeveloped structures, including signage. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2011 -0 -06; enacting Article XX of the Land Development Code. ACTION REQUESTED: Motion to approve Ordinance 2011 -0 -06. 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 # Respectfull submitted, Concurrence: Darren 1 ar Robin L. Matusick Development Services Director Paralegal racey .: arlow City ; anager rlm ORDINANCE NO. 2011-0-06 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 21 (LAND DEVELOPMENT CODE) BY ENACTING ARTICLE XX (RIDGEWOOD AVENUE CORRIDOR DESIGN REGULATIONS) 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: WHEREAS, due to the increase of various types of development along the Ridgewood Avenue corridor, the City of Edgewater has developed criteria relating to the design standards for property along the corridor. WHEREAS, the two major components of the new regulations are: (1) landscape, buffer and related site development treatments, especially areas immediately on and adjacent to the road, and (2) building design standards for new and redeveloped structures, including signage. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. AMEND CHAPER 21 (LAND DEVELOPMENT CODE) BY ENACTING ARTICLE XX ( RIDGEWOOD AVENUE CORRIDOR DESIGN REGULATIONS) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA. Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby amended by enacting Article XX (Ridgewood Avenue Corridor Design Regulations) as set forth in Exhibit "A" which is attached hereto and incorporated herein. 1 Strike through passages are deleted. Underlined passages are added. #2011 -0 -06 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 Strip passages are deleted. Underlined passages are added. #2011 -0 -06 PART F. ADOPTION. After Motion to approve by and Second by , the vote on the first reading of this ordinance held on May 16, 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 Strike through passages are deleted. Underlined passages are added. #2011 -0 -06 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 Strip passages are deleted. Underlined passages are added. #2011 -0 -06 ARTICLE XX RIDGEWOOD AVENUE CORRIDOR DESIGN REGULATIONS SECTION 21 -610 - PURPOSE AND INTENT XX -1 SECTION 21 -620 - APPLICABILITY 21- 620.01 - Corner Lots /Parcels XX -1 21- 620.02 - Conflict with Other Provisions of Code XX -1 21- 620.03 - Registered Landscape Architect Required XX -1 SECTION 21 - 630 - BUILDING LOCATION AND LANDSCAPE BUFFER XX - 1 21- 630.01 - Location XX -I 21- 630.02 - Front Line Property Buffers XX -2 21- 630.03 - Minimum Landscape Requirements in Buffer Yard XX -2 21- 630.04 - Protection from Vehicle Encroachment XX -2 21- 630.05 - Stormwater in Buffer XX -2 21- 630.06 - Parking Location XX -3 21- 630.07 - Pedestrian and Bicycle Circulation XX -3 21- 630.08 - Sidewalks XX -3 21- 630.09 - Pedestrian Access Standards XX -3 21- 630.10 - Drive - Through Requirements XX -3 SECTION 21 - 640 - ARCHITECTURAL DESIGN STANDARDS XX - 4 21- 640.01 - Building Orientation XX -4 21- 640.02 - Primary Building Entrance XX -4 21- 640.03 - Building Height and Transition XX -5 21- 640.04 - Facade Treatments XX -5 21- 640.05 - Prohibited Facade Treatments XX -6 21- 640.06 - Loading and Service Areas XX -6 21- 640.07 - Outdoor Shopping Cart Storage XX -6 21- 640.08 - Fenestration XX -6 21- 640.09 - Roof Treatments and Materials XX -7 21- 640.10 - Building Color XX -8 21- 640.11 - Multi - Building Complexes XX -8 SECTION 21 - 650 - SIGNS XX - 9 21- 650.01 - Ground Signs Required XX -9 21- 650.02 - Business Identification Signs XX -9 21- 650.03 - Multi - Tenant Buildings XX -10 21- 650.04 - Specialty Signs XX -10 21- 650.05 - Signage Performance Standards XX -11 21- 650.06 - Exempted Signs XX -11 21- 650.07 - Prohibited Signs XX -11 21- 650.08 - Sign Illumination XX -11 21- 650.09 - Prohibited Lighting XX -11 XX -i SECTION 21 -660 — NONCONFORMING STRUCTURES XX -12 21- 660.01 — Existing Nonconforming Structures XX -12 21 - 660.02 — Guidelines for Nonconforming Structures XX -12 SECTION 21 -670 - RESERVED SECTION 21 -680 - RESERVED SECTION 21 -690 - RESERVED 'II XX -ii ARTICLE XX RIDGEWOOD AVENUE CORRIDOR DESIGN REGULATIONS SECTION 21 -610 - PURPOSE AND INTENT These design regulations are intended to ensure high quality private development in the Ridgewood Avenue Corridor. The two major components of these regulations are: 1) landscape, buffer and related site development treatments, especially areas immediately adjacent to the road and 2) building design standards for new and redeveloped structures, including signage. SECTION 21 620 - APPLICABILITY Parcels that share a common boundary with Ridgewood Avenue will be subject to the requirements, standards and criteria contained in these regulations. Furthermore, these requirements apply to all residential, commercial, office, institutional and industrial development, including both public and private facilities within the Ridgewood Avenue Corridor. The provisions of this document are applicable to all properties that touch, front or are otherwise adjacent to Ridgewood Avenue. Properties that include a complex or subdivision of buildings shall be considered to be included within the guidelines in their entirety, including parent tracts, out - parcels, flag lots, etc. They apply to both new development and redevelopment activities. 21 620.01 - Corner Lots/Parcels Corner lots /parcels shall be considered to have two (2) front perimeters. For other streets that intersect now or in the future, the parcels that are corner lots or comer developments adjacent to Ridgewood Avenue shall comply with these requirements. 21 620.02 - Conflict with Other Provisions of Code The requirements for the Ridgewood Avenue Corridor Overlay Area supersede the general requirements within this Land Development Code, however properties determined to be located on U.S. 1 (Ridgewood Avenue) within the Indian River -S.R. 442 Corridor Overlay shall meet requirements set forth in Article XVIII. Unless otherwise noted in this Article, all other development requirements shall meet the general requirements contained elsewhere in the Land Development Code. 21 620.03 - Registered Landscape Architect Required A Landscape Architect registered in the State of Florida shall be required to prepare landscape plans and related irrigation plans for all lands for which this Article applies. SECTION 21 - 630 - BUILDING LOCATION AND LANDSCAPE BUFFERS The setback is the distance between the edge of the road's right -of -way, also referred to as the property line, and the closest edge or wall of the principal building on the site. The building location and landscape buffer requirements are identified below. 21 630.01 — Location a. Setback and Buffer. Minimum setbacks shall be as set forth in Article V for each respective zoning designation. b. Management and Maintenance of Natural Vegetation. Site plan submittals will be required to graphically identify the manner in which natural areas will be preserved and maintained. Site plan submittals shall identify where natural areas will be trimmed and to what limited XX -1 extent they will be altered for visibility from the road. If a certain view or angle from the road is desired, the site plan shall identify a "viewshed ", i.e., the area within which trimming of small trees and understory vegetation is desired. The extent of trimming should be clearly noted in terms of extent and height, as well as the thinning of trees and vegetation. Trees larger than four inches (4 ") in diameter shall not be removed. Trimming of vegetation shall not be allowed lower than thirty-six inches (36 ") from the ground. Areas to remain undisturbed shall also be identified. This information becomes part of site plan approval, and will be utilized for maintenance as well as enforcement by the City. 21 630.02 — Front Property Line Buffers A minimum twenty -foot (10') landscape buffer shall be provided from the front property line in the Ridgewood Avenue corridors. 21 630.03 - Minimum Landscape Requirements in Buffer Yard The following requirements are intended for private property outside of the public right -of -way adjacent to the corridor and primary streets. a. The minimum landscape buffer shall include a total of three (3) trees per every fifty lineal feet (50'). One (1) Magnolia placed every fifty (50) lineal feet. Two (2) Crepe Myrtles placed in between the Magnolia's fifty (50) lineal feet. Shrubs shall be placed at a minimum of forty (40) per one hundred (100) lineal feet. b. Varied Color. Landscaping shall be arranged to display variety and color by utilizing flowering and variegated species whenever possible. Such variety and color shall be accomplished by using a combination of shrubs and ornamentals as approved by the City. Ornamentals shall not constitute more than fifty percent (50 %) of required shrubs. c. Wetlands and Natural Vegetation Preservation. Within the buffer, major wetlands shall be preserved as set forth in the City's Comprehensive Plan and Land Development Code. Natural uplands vegetation shall be preserved to the maximum extent feasible. d. Side and Rear Yards. The side and rear yards of all properties shall be provided with landscape treatment consistent with this Land Development Code. 21 630.04 - Protection from Vehicle Encroachment Landscape buffers shall be protected from vehicles in the parking area with curbs for those parking spaces adjacent to the buffer. Plantings adjacent to parking areas shall be located a minimum of three and one -half (31/2) feet from the front end of the parking space to prevent encroachment into required landscape areas. Wheel stops shall not be utilized in any portion of the parking area. No paved areas will be allowed in the buffer other than required traffic circulation access. 21 630.05 - Stormwater in Buffer In order to create shallow retention areas, removal of a maximum of fifty percent (50 %) of understory trees and shrubs may be permitted to provide for shallow swales without removal or damage to existing shade trees. Landscape buffers on primary and other streets may be combined with approved on -site, wet or dry- bottom stormwater retention areas provided that these areas are designed as visual amenities without chain link fences (or similar utilitarian appurtenances) and with shade trees. XX -2 21- 630.06 - Parking Location These standards shall prevent automobiles from being highly visible from the roadway. This applies to parking areas, automobile service areas and other vehicular circulation areas. For screening, a forty -inch (40 ") high decorative wall, berm or hedge shall be provided at the same or above the finished grade of parking and other vehicular use areas. Dense existing natural vegetation that provides a similar forty -inch (40 ") high screen from Ridgewood Avenue may substitute for a berm, hedge or wall. These requirements for a hedge may be combined with the required landscape buffer requirement for shrubs. 21- 630.07 - Pedestrian and Bicycle Circulation The purpose of this subsection is to provide safe opportunities for alternative modes of transportation by connecting buildings with existing and future pedestrian and bicycle pathways and to provide safe passage from the public right -of -way to the building. 21- 630.08 - Sidewalks Developers shall provide sidewalks to provide safe movement of pedestrians separately from motor vehicles. 21- 630.09 - Pedestrian Access Standards Pedestrian circulation shall be provided by connecting buildings with existing and future pedestrian and bicycle pathways as well as by providing safe passage from the public right -of -way to the building in the mariner set forth below. a. Number of Pedestrian Ways Required. Pedestrian ways shall be provided at a minimum ratio of one (1) for each customer vehicular entrance to a project. For example, if there are two (2) driveways into the site, two (2) sidewalk entries are required. Entrances designed primarily for service and delivery vehicles are not included in this ratio. b. Materials. Pedestrian walkways shall be handicapped accessible. Materials may include specialty pavers, colored concrete or stamped pattern concrete. 21- 630.10 - Drive-Th rough Requirements Drive - through windows and lanes shall not be located on a side of the building visible from the right -of -way of U.S. 1. Drive - through lanes shall be designed primarily for pedestrian safety and crossing. Drive - through designs must have the same detail of the principal structure and match the materials and roof of the principal structure. a. Screening Drive - Throughs. A dense hedge of evergreen shrubs shall be provided in the following manner to screen drive - throughs: 1. At initial planting and installation, shrubs shall be at least thirty inches (30 ") in height and shall be planted thirty inches (30 ") or less on center. 2. Within one (1) year of initial planting and installation, shrubs shall have attained, and be maintained at a minimum height of four feet (4') and shall provide an opaque vegetative screen between the street and the drive- through. The hedge must continue for the entire length of the drive - through stacking area. 3. In lieu of a vegetative hedge, the use of vegetated berms with appropriate landscape materials may be used in a manner that results in the visual separation of street right -of- way and the drive - through. XX -3 b. Stacking Distance. The following stacking distances, measured from the point of entry to the center of the farthest drive - through service window area, are required: 1. Restaurants, full service car washes and day care facilities: Two hundred twenty feet (220') 2. Banks (per lane): One hundred seventy five feet (175') 3. Self Service Car Wash (per bay) and Dry Cleaners: Sixty-five feet (65') 4. Other uses may require the City to determine the stacking distance on a case -by -case basis. 5. Facilities not listed above with more than one (1) drive - through lane shall provide one hundred feet (100') of stacking distance per lane measured from the point of entry to the center of the farthest service window area. 6. Drive - Through Separate From Other Circulation: The drive - through lane shall be a separate lane from the circulation routes and aisles necessary for ingress and egress from the property or access to any off - street parking spaces. c. Pass Through Lanes. A pass - through lane shall be required for all drive - through facilities constructed adjacent to at least one (1) stacking lane in order to provide egress from the stacking lane. SECTION 21 - 640 - ARCHITECTURAL DESIGN STANDARDS The architectural design standards are intended to be flexible and encourage design diversity and variations. The criteria for development along the corridor will primarily ensure that the architectural integrity and details of existing structures are maintained, as well as affirm the appropriateness of new development into the character of the districts. Special attention has been placed on the creation of an attractive, safe and functional urban environment. 21 640.01 - Building Orientation All buildings shall be oriented so that primary facades face public rights -of -way. Buildings on corner lots shall be considered to have two (2) fronts and shall be designed with additional architectural embellishments such as towers or other design features at the corner to emphasize their location as gateways and transition points within the community. Although the main aesthetic emphasis shall be on the primary facade(s), all building elevations shall receive architectural treatment. The style of windows shall remain uniform on all sides of the building. All telephones on private property shall be confined to a space built into the building or buildings or enclosed in a separate structure compatible with the main building. Exterior mounted security gates or solid roll down metal windows shall be prohibited. Link or grill type security devices shall be permitted only if installed from the inside, within the window or doorframes. Other types of security devices fastened to the exterior walls are not permitted. 21 640.02 - Primary Building Entrance In general, the primary pedestrian entrance to all buildings shall face Ridgewood Avenue, and shall be clearly defined and highly visible for the pedestrian. Multiple tenant buildings shall have all customer entrances distinguished pursuant to these regulations. Primary entrances shall have either, a protruding or raised roof, a stoop, a projection or recession in the building footprint a minimum of three feet (3') in depth that clearly identifies the entrance. XX -4 Corner lots shall provide an entrance on both public rights -of -way or a corner entrance. In addition, every primary entrance shall have two (2) other distinguishing features from the list below: 1. Variation in roof height around door; 2. Canopy or portico; 3. Raised cornice or parapet over door; 4. Arches or columns; 5. Patterned specialty paving at entrance and along walkway; 6. Ornamental and structural architectural details other than cornices over or on the sides of the door; or 7. Any other treatment, which, in the opinion of the City, meets the intent of this Section. 21 640.03 - Building Height and Transition Buildings will not be allowed to be any higher than already permitted in the respective zoning district. New developments that are more than twice the height of any existing building within three hundred feet (300') shall provide transitional stepped massing elements to minimize the contrast between the buildings. The transitional massing element shall include a primary facade that is no more than the average height of the adjacent buildings. 21 640.04 - Facade Treatments Facade treatments of a building must be designed with consistent and uniform architectural style. Detail and trim features must be consistent with the style of the building. Diversity of architectural elements on the facade that are compatible with the style is required. These elements must be integrated with the massing and scale of the buildings. Building walls and facade treatments must avoid large blank wall areas by including at least three (3) of the design elements listed below or their equivalent design feature. Design elements should be in intervals of no more than thirty feet (30') apart, and repetition is encouraged. At least one of the design elements should repeat horizontally. At a minimum, buildings must provide at least two (2) of the following building design elements on the primary facade: 1. Awnings or attached canopies; 2. Arcades or colonnades; 3. Display windows a minimum of six feet (6') in height along sixty-five percent (65 %) of the primary facade; 4. Clock or bell towers; 5. Decorative landscape planters or wing walls which incorporate landscaped areas; 6. Pergola; 7. Benches or other seating components built into the building; 8. Texture or pattern change; 9. Material module change; 10. Ornamental or structural detail; XX -5 11. Varied building setbacks or projections; or 12. Expression of architectural or structural bays, through a change in plane of no less than twelve inches (12 ") in width, such as a reveal, an offset or a projecting rib. Changes in color along the facade that are compatible with each other and the style of the building are encouraged but not sufficient to break up the mass of the facade. 21 640.05 - Prohibited Facade Treatments The following treatments or features are prohibited on any facade that are visible from the U.S. 1 right -of -way: 1. Windows and doors should be glazed in clear glass with no more than ten percent (10 %) daylight reduction. 2. Garage doors used either as decoration or for vehicular service, storage or any other use (these elements must be side loaded). 3. Glass curtain walls. 4. Stained glass and art glass installations may be permitted provided they are in character with the style of the building. 21 640.06 - Loading and Service Areas Loading and service areas will be located behind or to the rear of buildings and will be screened with walls and landscaping. Materials, rooflines and colors are permitted to be consistent with the primary structures. 21 640.07 - Outdoor Shopping Cart Storage All outdoor storage of customer shopping carts adjacent to the building shall be screened by a wall a minimum of four feet (4') in height that is consistent in style, materials and color to the facade. Arcade or colonnade areas cannot be used for the storage of shopping carts. 21 640.08 - Fenestration Fenestration is the placement of windows and doors. Windows and doors must cover at least thirty percent (30 %) of the area of the primary facade. Windows must be located between three feet (3') and seven feet (7') measured from ground level. a. Exterior Wall Materials. All buildings subject to the terms of this Section shall be clad with typical Florida building materials that are durable and appropriate to the visual environment and climate. Design flexibility and creativity is encouraged using ornamentation from a wide variety of architectural styles. b. Finish materials for walls. Exterior walls are the most visible part of most buildings. Their exterior finishes shall be one of the following: 1. Concrete block with stucco; 2. Reinforced concrete with smooth finish or with stucco; 3. Natural brick or stone (excluding ashlar or rubble construction look); 4. Wood, pressure treated or naturally decay- resistant species:, 5. Fiber - reinforced cement panels or boards that simulate wood; or 6. Synthetic stucco may be used only on non - facade walls. XX -6 c. Prohibited Materials. No exterior wall shall be covered with the following materials: 1. Plastic or vinyl siding; 2. Corrugated or reflective metal panels, steel buildings; 3. Applied stone in an ashlar or rubble look: 4. Smooth, scored or rib faced concrete block; 5. Any translucent material, other than glass; or 6. Any combination of the above. d. Corporate Design. Corporate franchises shall not be allowed to create visual clutter or to use architecture and building colors to act as signage. Therefore, exceptions to these guidelines shall not be made for corporate franchises. National corporate chains that typically design their buildings to read as signage have been known to modify their designs to blend with the character of the neighborhood. 21 640.09 - Roof Treatments and Materials Variations in the rooflines must be used to add interest to and reduce the massing of buildings. Roof features and materials must be in scale with the buildings mass and complement the character of adjoining and adjacent buildings and neighborhoods. a. Roof Standards. While any roof type is acceptable, the following standards shall apply: 1. All flat roofs and any shed roof with a slope of less than 1:6 must be concealed by a parapet; 2. All hipped and gabled roofs and all shed roofs with a slope greater than 1:6 must have overhangs of at least eighteen inches (18 "); 3. Mansard roofs must have the lowest sloped surface begin above a cornice line and then slope upward and inward; 4. Small towers, cupolas and widow's walks are encouraged (if they are compatible with the style of the building); 5. Unless specifically designed otherwise, roof overhangs shall wrap around all four (4) sides of the building so that there is visual continuity around the entire building unless site - specific conditions warrant otherwise; or 6. Skylight glazing must be flat to the pitch of the roof. b. Permitted Roof Materials. The following roofing materials are permitted: 1. Standing Seam Metal: Steel (galvanized, enameled or terne- coated), stainless steel, copper and aluminum; 2. Architectural Shingles: Asphalt, fiber reinforced cement, metal, fiberglass and wood; 3. Tile: Clay, terra cotta or concrete; or 4. Flat roofs hidden by parapet: any material allowed by building code. c. Equipment on Roof. All equipment located atop a roof of a building must be concealed so that it is not visible by a person standing anywhere on the site or on an adjacent public street. XX -7 21- 640.10 - Building Color Simple color schemes are encouraged. As a general rule, building facade should not exhibit more than three (3) colors. a. Prohibited Colors. The use of garish or gaudy colors is prohibited. The use of black, neon or fluorescent colors is prohibited as the predominant building color. b. Trim on Facade. Building trim and accent areas may feature any color, limited to ten percent (10 %) of the affected facade segment, with a maximum trim height of twenty-four inches (24 ") total for its shortest distance. 21 640.11 - Multi - Building Complexes Specific provisions must ensure a unified architectural design and site plan between a complex of buildings or between out - parcel buildings and the main building(s) on the site. The following standards assure an enhanced visual impact of the buildings, as well as providing safe and convenient vehicular pedestrian access and movement within the site. a. Building Groups and Complexes. Buildings and structures, which are a part of a present or future group or complex, shall have a unity of character and design and the use, texture and color of materials shall create a harmonious whole. In addition, the design, scale and location on the site shall enhance rather than detract from the character, value and attractiveness of the surrounding community or neighborhood. b. Ancillary Structures. Separate ancillary structures, including, but not limited to, car washes, cashier booths, and/or canopies over gas pumps shall have comparable pitch or parapets for roofs and shall otherwise have the same architectural detail, design elements, color scheme, building materials and roof design as the primary structure. c. Out - Parcel Facade. All exterior facade of an out - parcel building must be considered primary facade and must employ architectural site and landscaping design elements which are integrated with, and common to, those used on the main development including color, materials, and decorative treatments. d. Connect Circulation of Out - Parcels. Out - parcel structures that are adjacent to each other must provide for vehicular connections between their respective parking lots and provide interconnection of pedestrian walkways. e. Common Wall and Side - By - Side Buildings. When the use of common wall, side -by -side development occurs, continuity of facade and consolidated parking for several businesses in one parking lot may be used. f. Service Areas. Service areas shall not be located in front yards and shall not be visible from a public ri ght -of -way. Waste disposal areas shall be screened one hundred percent (100 %) by a masonry wall and landscape buffer. The wall shall be consistent in style, materials and color to the facade. The landscape buffer shall be a minimum of five feet (5') in width and shall contain a hedge three feet (3') in height at planting and capable of attaining five feet (5') in height and total opacity within eighteen (18) months. Mechanical equipment, satellite dishes, and other service support equipment shall be located behind the building line and shall be fully screened from the view of adjacent properties both at ground and roof top levels. XX -8 SECTION 21 -650 - SIGNS Sign regulations are important because they ensure consistency of signage along the corridor and thereby prevent clutter and confusion exemplified by older, unregulated strip commercial areas. The purpose and intent of sign regulations will be to augment the City of Edgewater's existing sign code to fit the higher aesthetic standard being established for Ridgewood Avenue. This Section covers freestanding or detached signs, attached or building signs, multi - tenant development signs and specialty signs. 21 650.01 - Ground Signs Required Freestanding ground signs shall be allowed in the Ridgewood Avenue Corridor. Pole signs are prohibited. a. Height. The maximum height of the entire sign structure shall be eight feet (8'). b. Sign Area. The sign area of ground signs shall be calculated at a ratio of one square foot (1') of sign area per two linear feet (2') of addressed building frontage, with the following maximums. 1. Typical Building. Ground signs shall not exceed forty-eight (48) square feet for buildings with Ridgewood Avenue road frontage. 2. Primary Streets and Other Intersecting Streets. Ground signs on primary streets and other streets intersecting Ridgewood Avenue may be up to thirty-two square feet (32'). c. Number of Ground Signs. One (1) sign shall be allowed per parcel with four hundred feet (400') or less of road frontage. If a parcel's road frontage exceeds four hundred feet (400') and is less than seven hundred feet (700'), then a maximum of two (2) ground signs shall be allowed but no closer than three hundred feet (300') apart. If a parcel's road frontage exceeds seven - hundred feet (700'), then a maximum of three (3) ground signs shall be allowed, but no closer than three hundred feet (300') apart. d. 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. e. Ground Sign Setback. The planter setback shall be a minimum of five feet (5') from the right -of -way. f. Movement. No ground sign or its parts shall move, rotate or use flashing lights. g. Electronic Message Centers (EMC) /Signage. EMC signage shall conform to the requirements contained in Article VI, however, in the event of conflicting language, the requirements of this Article shall supersede. All other requirements contained in this Article shall also apply. 21 650.02 - Business Identification Signs Business identification signs include signs that are attached to the building wall or window. They include wall signs (designed as a sign that is to be permanently affixed flat against the buildin wall), projecting/hanging signs (perpendicular to the building), window signs, canopy /marquis and awning signs. XX -9 The following general design criteria shall apply to all attached signs located in Ridgewood Avenue Corridor. No sign shall cover architectural detailing. Only one (1) business identification shall be allowed per sign to reduce clutter. a. Wall Signs. Wall signs should be limited to one (1) per business per facade. The total amount of wall signs allowed shall be two (2) square feet of signage per one (1) linear foot of addressed business frontage, not to exceed sixty -four (64) square feet, provided however that copy area shall not exceed fifty percent (50 %) of the primary frontage (width) of the tenant space. Wall signs should be placed on the building facade and not perpendicular to the wall. b. Projecting /Hanging Signs. Projecting/hanging signs should not exceed four (4) square feet and should be located adjacent to the entry to the building or to the tenant space. If located under an awning or marquis, the projecting sign should be located perpendicular to the building face. c. Window Signs. Window signs should be maintained properly. Window signs shall be painted or decal only and should not exceed twenty five percent (25 %) of window area. Sign location shall be between four feet (4') to six feet (6') above grade to allow visibility into the store for pedestrians. Promotional posters for civic events shall be permitted on windows and should not be included in the sign area calculation. d. Canopy/Marquis or Awning Valance Signs. Signs shall not be permitted on canopy /marquis or awning valance structures. 21 650.03 - Multi Tenant Buildings Developments that have multiple tenants shall limit the ground sign to just the name of the center /complex (may also possibly include an anchor store) and wall signs to identify the individual tenants to prevent clutter along the corridor. a. Directory Signs (for multi - use developments). Sites with two (2) or more businesses on the premises are allowed a directory sign. The size of the sign should not exceed six (6) square feet. The location of directory signs should be approved at the discretion of the City. 21 650.04 - Specialty Signs a. Easel. Easel signs should be limited to one (1) sign per active store entranceway. The sign should relate to the business or merchandise line of the particular place of business. Easel signs should be no larger than twenty four inches (24 ") wide by thirty six inches (36 ") high. 1. Signs placed on easels should be no larger than twenty-four inches (24 ") wide by twenty-four inches (24 ") high. 2. Signs shall be located directly in front of the business entrance at a distance of no greater than five feet (5') from the building and shall not block pedestrian movement. b. Flags. A maximum of one (1) state, one (1) federal and one (1) local /county flag per parcel; each a maximum of thirty -five (35) square feet. Flags shall be set back from road right -of -way a minimum distance of ten feet (10'). Carolyn to look at per statutes of regulating c. Opening Banners. Opening banners shall be allowed from two (2) weeks prior to opening until one (1) month after opening. Banners shall be located on building walls. XX -10 21- 650.05 - Signage Performance Standards Only permanent durable materials allowed and must be maintained. Signs should be executed by a qualified, professional sign maker; homemade sins are prohibited. 21 650.06 - Exempted Signs Real estate signs and construction signs shall meet Land Development Code standards. 21 650.07 - Prohibited Signs a. Signs that are prohibited in the Ridgewood Avenue Corridor include animated signs, billboards, off -site signs, flashing signs, snipe signs, portable signs (trailer signs), roof signs, beacon lights, trash receptacle sins, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. Bench signs are prohibited except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. b. No advertising or signage is allowed on any exposed amenity including, but not limited to, trash containers and fences. Bench signs are prohibited except those placed on public transportation benches and shelters as approved through a competitive selection process pursuant to City standard procedures. 21- 650.08 - Sign Illumination a. Sign lights shall be focused, directed and so arranged as to prevent glare or direct illumination or traffic hazard from said lights onto residential districts or onto the abutting roadways. No objectionable glare shall be directly visible from a public right -of -way or residential zone. Illuminated signs shall provide shielding from any source of illumination other than neon. b. Any external, above - ground light source shall be located and hidden within the sign planter bed. Light sources located outside the sign planter bed shall be in a burial fixture. 21 650.09 - Prohibited Lighting a. No flashing or pulsating light shall be permitted on any sign. No sign shall be permitted which involves lighting or motion resembling traffic or directional signals, warnings or other similar devices, which are normally associated with highway safety or regulations. In addition, no sign shall be permitted which constitutes a safety hazard or hindrance because of light, glare, focus, animation, flashing or intensity of illumination. Lighted signs shall be designed and located so as to prevent direct glare or hazardous interference of any kind to adjoining streets or properties. High intensity lights such as beacon lights, spotlights or floodlights shall not be permitted in the Ridgewood Avenue Corridor. b. No prisms, mirrors or polished reflecting surfaces shall be used for purpose of augmenting intensity of light sources and no hi- intensity lights or stroboscopic lights or effect is permitted. 1. No more than forty -five (45) milli- amperes on high voltage side of neon transformer shall be permitted. 2. Maximum wattage of incandescent bulbs shall be limited to eleven (11) watts. 3. A maximum of sixty (60) milli - amperes shall be permitted on neon tubing. 4. Letters or border decoration of buildings with a maximum of eleven (11) watt maximum incandescent bulbs shall be permitted. XX -11 5. Strip lighting includes lighting used to outline a structure or any part thereof and shall be prohibited. Streamer lights and/or neon strip lighting shall be prohibited above the roof level of any building. Strip lighting, as referred to here, shall not include Christmas decorations and related lights. SECTION 21 -660 — NONCONFORMING STRUCTURES 21- 660.01 — Existing Nonconforming Structures These guidelines apply to buildings and structures. Further, any structure which lawfully exists when these regulations are adopted (or amended) and which does not conform to all the provisions of these regulations may remain and be continued subject to the following regulations: a. The intent and purpose of these nonconforming structure provisions shall be to improve and otherwise encourage such structures to be redeveloped and revitalized in ways that conform with these regulations to the greatest extent feasible. Therefore, such structures, may be used, enlarged, replaced, altered and/or expanded subject to the following: 1. All applications shall be subject to all appropriate safeguards and conditions necessary to ensure that any such approval will not be contrary to the public interest, the intent of these Ridgewood Avenue Design Guidelines or injurious to the specific area in which the existing nonconforming structure is located. 2. All applications shall provide complete and written justification regarding any provisions of these regulations that the applicant believes cannot be fully complied with. Such justification shall not include monetary considerations. 3. Under no circumstances shall the provisions of this Section be construed to mean that any existing nonconforming structure may be changed, or that any provision, requirement and/or regulation contained within these regulations can be waived or reduced which can reasonably be complied with by the applicant. The provisions of this Section shall not be construed and/or applied in such a manner as to permit the enlargement, replacement, alterations, expansion and/or extension of any existing nonconforming structure without justifiable reasons based on a legally existing and nonconforming status; that would result in any undue hardship or injurious activity that would deprive adjacent individual property owners of their property rights; or that would be detrimental to the area surrounding the nonconforming premises in general. 21 660.02 — Guidelines for Nonconforming Structures and /or Signage a. No nonconforming structure and/or signage shall be enlarged, replaced or altered in any way which increases it nonconformity except in conformance with these regulations; b. It is further stated that any alterations, replacement or modification of the exterior of a nonconforming structure and/or signage shall comply with these design guidelines to the maximum extent feasible; XX -12 c. Nonconforming structures and/or signage may be restored to a safe condition if declared unsafe, providing that such restoration does not constitute more than fifty- percent (50 %) of the structure's appraised fair market value; d. If damaged by more than fifty- percent (50 %) of its appraised fair market value, a nonconforming structure and/or signage shall not be restored except in conformance with these regulations. e. Nonconforming structures and/or signage may have normal repair and maintenance performed to permit continuation of the nonconforniing structure. SECTION 21 -670 - RESERVED SECTION 21 -680 - RESERVED SECTION 21 -690 - RESERVED XX -l3 AGENDA REQUEST Mid Year Amended Budget Date: May 4, 2011 PUBLIC HEARING 05/16/2011 RESOLUTION 05/16/2011 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution #2011 -R -10 — MidYear Amended Budget for Fiscal Year 2010 -2011 BACKGROUND: Florida Statutes, including Chapter 200.065(2)(e)1, provides that the City Council adopt a final budget and all adjustments prior to 60 days after the end of the fiscal year. STAFF RECOMMENDATION: Staff recommends that City Council approve Resolution #2011 -R -10 which is herein referred to as the MidYear Amended Budget for Fiscal Year 2010 — 2011. ACTION REQUESTED: Motion to approve Resolution #2011 -R -10. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES X NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: N/A AGENDA ITEM # Respectfully su•mitted, Concurrence: J flf ( Jo T an C. McKinney Robin L. Matusick Finance Director Paralegal rac: * . Barlow Cit, Manager RESOLUTION 2011 -R -10 A RESOLUTION OF THE CITY COUNCIL OF EDGEWATER, FLORIDA, ADOPTING MIDYEAR YEAR BUDGET ADJUSTMENTS TO THE 2010 -2011 FISCAL YEAR BUDGET AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater, by Resolution 2010 -R -15, adopted an operating budget for Fiscal Year 2010 -2011; and WHEREAS, the City Manager performed an extensive midyear review of the revenue and expenditure figures for each fund to compare the current amounts with the amount budgeted; and WHEREAS, the midyear budget adjustments decrease revenues and expenditures in total by $478,115; and WHEREAS, the midyear budget adjustments will allow the City of Edgewater to adjust the Fiscal Year 2010 -2011 budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY Section 1. Midyear Budget Adjustment: The City Council of the City of Edgewater amends the Fiscal Year 2010 -2011 budget by revising the budget in total to $38,781,503 pursuant to itemizations contained in Exhibit "A" which is attached hereto and incorporated herein. Section 2. Effective Date. This Resolution shall become effective immediately upon passage and adoption. After Motion for approval by and Second by , the vote on this Resolution was as follows: 2011 -R -10 1 AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper PASSED AND DULY ADOPTED this 16th day of May, 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 16 day of May, 2011 under Carolyn S. Ansay, Esquire Agenda Item No 8 . City Attorney Doran, Sims, Wolfe, Ansay & Kundid 2011 -R -10 2 MID YEAR SUMMARY OF FUNDS ADOPTED / REVENUES AND EXPENSES FY 2010 - 2011 Adopted / B.A. REVENUES EXPENDITURES MID YEAR 001 - GENERAL FUND $ 12,203,649 $ 12,454,109 $ 12,454,109 $ 250,460 105 - ANIMAL SERVICES $ 245,759 $ 259,405 $ 259,405 $ 13,646 113 - LAW ENFORCEMENT BLOCK $ 2,000 $ 9,801 $ 9,801 $ 7,801 114 - GRANTS FUND $ 1,730,688 $ - $ - $ (1,730,688) 115 - SPECIAL LAW ENFORCEMENT TRUST FUND $ 77,502 $ 78,879 $ 78,879 $ 1,377 116 - TRANSPORTATION IMPACT FEE $ 209,153 $ 395,363 $ 395,363 $ 186,210 117 - POLICE IMPACT FEE FUND $ 137,888 $ 140,160 $ 140,160 $ 2,272 118 - FIRE IMPACT FEE FUND $ 220,095 $ 223,358 $ 223,358 $ 3,263 119 - RECREATION IMPACT FEE $ 75,745 $ 153,997 $ 153,997 $ 78,252 120 - SCHOLARSHIP FUND $ - $ 500 $ 500 $ 500 205 - I & S DEBT SERVICE FUND $ 30,915 $ 32,151 $ 32,151 $ 1,236 220 - DEBT SERVICE $ 700,000 $ 927,436 $ 927,436 $ 227,436 331 - CAPITAL PROJECTS FUND $ 2,978,449 $ 3,413,860 $ 3,413,860 $ 435,411 440 - WATER & SEWER $ 8,853,510 $ 8,400,268 $ 8,400,268 $ (453,242) 442 - WATER DEVELOPMENT $ 587,622 $ 524,828 $ 524,828 $ (62,794) 443 - SEWER DEVELOPMENT $ 674,887 $ 490,500 $ 490,500 $ (184,387) 444 - RENEWAL & REPLACEMENT $ 1,376,153 $ 1,541,653 $ 1,541,653 $ 165,500 445- WATER & SEWER RATE STABILIZATION $ 536,117 $ 500,000 $ 500,000 $ (36,117) 447 - REFUSE $ 3,274,221 $ 3,537,585 $ 3,537,585 $ 263,364 448 - STORMWATER OPERATING $ 1,296,047 $ 1,474,369 $ 1,474,369 $ 178,322 449 - STORMWATER CAPITAL $ 312,750 $ 350,500 $ 350,500 $ 37,750 501 - MIS $ 340,058 $ 359,279 $ 359,279 $ 19,221 502 - FLEET $ 731,381 $ 744,728 $ 744,728 $ 13,347 503 - LOSS FUND $ 355,916 $ 355,916 $ 355,916 $ - 504 - FULLY INSURED INSURANCE $ 2,085,103 $ 2,142,727 $ 2,142,727 $ 57,624 505 - WORKERS COMPENSATION $ 224,010 $ 270,131 $ 270,131 $ 46,121 TOTAL ALL FUNDS $ 39,259,618 $ 38,781,503 $ 38,781,503 $ (478,115) AGENDA REQUEST Date: May 4, 2011 PUBLIC HEARING 5/16/11 RESOLUTION 05/16/11 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION Resolution No. 2011 -R -11 Modification to the School Scholarship Committee (SCC) By -Laws. BACKGROUND At their regular meeting of April 8, 2011 the newly formed School Scholarship Committee reviewed the By -Laws previously adopted by City Council. The original By -Laws did not specify regular meeting days and times, the Committee voted to hold their regular meetings on the first Wednesday of each quarter (January, April, July and October) at 5:00 p.m. The Committee also requested that children and/or legal dependents of Committee members be excluded from receiving the scholarship from the City. RECOMMENDATION Staff recommends approval of Resolution No. 2011 -R -11; modifying the By -Laws for the School Scholarship Committee. ACTION REQUESTED Motion to approve of Resolution No. 2011 -R -11. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Concurrence: "abaryvy,_LLVDolo Bonnie Wenzel Tracey . Barlow City Clerk City nager Robin Matusick Paralegal RESOLUTION NO. 2011-R-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; APPROVING MODIFICATIONS TO THE SCHOOL SCHOLARSHIP COMMITTEE BY -LAWS; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Edgewater has made the following determinations: 1. During the April 8, 2011 School Scholarship Committee meeting, the Committee voted to recommend revisions to their existing by -laws relating to meeting dates and times and powers and duties. 2. The revised /modified by -laws are attached hereto and incorporated herein as Exhibit "A ". NOW, THEREFORE, be it resolved by the City Council of Edgewater, Florida: Section 1. The City of Edgewater hereby approves the modified School Scholarship Committee By -Laws which are attached hereto and incorporated herein as Exhibit "A ". Section 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. Section 3. This resolution shall take effect upon adoption. After a motion by with Second by , the vote on this resolution held on May 16, 2011 was as follows: AYE NAY Mayor Mike Thomas Councilman Justin A. Kennedy Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Ted Cooper 2011 -R -11 1 PASSED AND DULY ADOPTED this 16 day of May, 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 16 day of May, 2011 under Carolyn S. Ansay, Esquire Agenda Item No 8 . City Attorney Doran, Sims,Wolfe, Ansay & Kundid 2011 -R -11 2 CITY OF EDGEWATER SCHOOL SCHOLARSHIP COMMITTEE BY -LAWS ARTICLE I: Official Name The official name of the Board shall be the School Scholarship Committee of the City of Edgewater, Florida, hereinafter referred to as "SSC ". ARTICLE II: Purpose and Intent The purpose and intent of these By -Laws is to set forth a uniform set of procedures whereby the City of Edgewater School Scholarship Committee may regulate the manner in which it elects officers, conducts meetings, and otherwise carries out its functions. The By -Laws are to serve as a guideline in handling all affairs pertaining to the Edgewater SSC. ARTICLE III: Membership A. Voting Members and Appointments 1. The SSC shall have five (5) voting members. Each member shall be appointed by City Council for a term of three (3) years and shall be subject to removal as set forth by Council. The terms of the appointment shall be staggered. 2. Voting Members shall consist of the following: i. City Council Member ii. Southeast Volusia Chamber of Commerce Representative iii. City of Edgewater Business Owner iv. City of Edgewater Resident v. Educator from either New Smyrna Beach High School; New Smyrna Beach Middle School; Edgewater Public Elementary School; or Indian River Elementary School 3. Non - Voting Liaisons shall consist of representatives from the following: i. New Smyrna Beach High School ii. New Smyrna Beach Middle School iii. Edgewater Public Elementary School iv. Indian River Elementary School v. Daytona State College 4. Due to the need to stagger terms to guarantee continuity on the SSC, the initial appointments shall be as follows: Two (2) members shall be appointed for one (1) year, two (2) members shall be appointed for two (2) years, and one (1) member shall be appointed for three (3) years. 5. A quorum shall consist of three (3) members. All recommendations and actions of the Board shall require an affirmative vote of a majority of the members present. SSC By -Laws 1 6. Prior to appointment, prospective members (with the exception of City Council Member and Southeast Volusia Chamber of Commerce Representative) shall submit a City application, stating herein a brief synopsis of their education, experience and reason for their interest in serving on the SSC. 7. No member of the SSC shall receive compensation for their service, provided, however, that members may be reimbursed for out -of- pocket expenses as approved by the City. 8. The SSC shall provide a written recommendation to City Council for the appointment of a vacant seat or re- appointment of a Board member; all current applications shall accompany the request. B. Vacancies 1. During the term of appointment, should a member of the SSC no longer be eligible for appointment to the SSC, the member shall forfeit the office and it shall be deemed vacant. 2. If a SSC member is absent for two (2) consecutive regular meetings said member shall forfeit the office and it shall be deemed vacant. 3. City Council may remove any member of the SSC from office at any time. 4. Any vacancy occurring during the unexpired term of office of any member shall be filled by City Council. The vacancy shall be filled as soon as practical after it occurs. C. Voting Conflicts 1. No member of the SSC shall vote upon any matter which would inure to his or her special private gain or loss, or any principle by whom he or she is retained, or by any relative or business associate. 2. No member of the SSC shall appear for or represent any person in any matter before the SSC other than him or herself. No past member shall appear before the SSC except when representing him or herself for a period of twelve (12) calendar months after his or her service has ended. ARTICLE IV: Election of Officers A. Chairman 1. The Chairman shall serve as the presiding officer at all meetings of the SSC and appoint any committees that are deemed necessary. I I SSC By -Laws 2 2. The Chairman shall be elected by a majority of the voting membership at the first meeting of the calendar year and the term of office shall be one year. The Chairman shall be eligible for re- election. B. Vice- Chairman 1. The Vice - Chairman shall be elected by the SSC from among its regular members in the same manner as the Chairman and shall be eligible for re- election. 2. The Vice Chairman shall serve as acting Chairman in the absence of the Chairman and at such times shall have the same powers and duties of the Chairman. 3. In the event of death, resignation or removal from office of the Chairman, the Vice Chairman shall perform the various duties until such time the SSC shall elect a new Chairman and Vice Chairman. C. Other Presiding Officers The members of the SSC may select an additional member to preside over the meeting(s) in the absence of the Chairman and Vice Chairman. D. Board Coordinator 1. The board coordinator shall be provided by the City. 2. The board coordinator shall prepare and distribute agendas, correspondence and minutes and shall establish and maintain files to ensure they are properly kept. All recorded meeting media shall be provided to the City Clerk. 3. Any correspondence prepared by a member of the SSC shall be provided to the board coordinator for distribution to the SSC members. ARTICLE V: Meetings /Hearings A. Regular Meetings There shall be a minimum of two (2) regular meetings annually. (Datesitime to • . •• •• • • • • Regular meetings of the SSC will be held on the first Wednesday of each quarter (January, April, July and October) at 5:00 p.m. B. Special Meetings Special meetings or hearings of the SSC may be called by the Chairman. C. Requirements All meetings shall be open to the public, provide due public notice, follows Roberts Rules of Order and the Florida Sunshine Laws. SSC By -Laws 3 ARTICLE VI: Powers and Duties A. The SSC shall exercise the following powers and duties: 1. Establish criteria to select graduating high school scholarship recipients in addition to the following minimum criteria: i. Applicants must be a resident of the City of Edgewater. ii. Applicants must be enrolled in a public or an accredited private school within Volusia County; iii. Applicant must have demonstrated 20 -hours of community service within a local community; and iv. Applicants shall write a 500 -word essay to include their experience with the required community service hours and their future education goals and subsequent career plans. v. Children and legal dependents of members of the Committee shall be ineligible for receiving the Scholarship. ARTICLE VII: Amendments The By -Laws may be amended at a regular or special meeting of the SSC, provided that an affirmative vote of the majority of the members present is obtained and approved by City Council. Adopted by the Board this day of , 2011 Chairman ATTEST: Bonnie Wenzel, CMC City Clerk SSC By -Laws 4 (I a, AGENDA REQUEST Date: May 5, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT 05/31/11 CONSENT BUSINESS ITEM DESCRIPTION: Request for appointment to the Edgewater Construction Board of Adjustment and Appeals due to resignation of James Tindall. BACKGROUND: James Tindall was appointed to the Edgewater Construction Board of Adjustment and Appeals December 13, 2010 as a Licensed Plumbing Contractor. On April 28, 2011 a letter of resignation was received. His current term expires on December 13, 2011. STAFF RECOMMENDATION: Staff recommends appointing Brian Foster to the Edgewater Construction Board of Ajustment ans Appeals to fill the remaining term of James Tindall, which expires on December 13, 2011. ACTION REQUESTED: Motion to appoint Brian Foster to fill the remaining term of James Tindall 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: Lynne Buckingham • Board Coordinator 1 04,128..:7011 07:06 3864239443 TINDALL PAGE Ul 7 TINDALL PLUMBING, INC. CITY OF EDGE:VI/AIR'? PLUMBING & SEPTIC f VET) II " State Certified Plumbing Contractor AN 2 1812 Hibiscus Drive 8 Edgewater, FL 32132 (386) 423-6666 cry April 26,.2011 .tkten: Dennis Fisher Ci y of Edgewater Construction Board of Adjustments and Appeals P.O. Box 100 Edgewater, FL 32132 [Jar Dennis, ereby submit my resignation, effective immediately, due to relocation. Si cerely, - _la es W. Tindall • t y ": t ."t EWATER ICI '° CM OF EDG RECEIVE EDGEWATER APR 2 7 2011 ADVISORY BOARD — VOLUNTEER APPLICATION ff 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 CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* X 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 (S r •� -- Address / 6e/ 49 /ST v Home Phone Business /Cell Phone 8 6 ' -- S - V 8 ci 6 Occupation e11/4.-,,,76.o Are you a resident of Edgewatery6how long 4 . - f ir_f Is your principal place of employment in Edgewater (A5 At the present time, do you serve on any other City Boards or Commissions 1) D if yes, please list each Have you ever served on any Boards, agencies or committees A G if yes, please list each REFERENCES — Please list three business and /or personal Name, address and phone O s , 36" - 6 % -- (7`, 63 Name, address and phone e c y r&I / 38.E 6 — 3) s Name, address and phone 1 1 1' a , EDUCATION High School / di College Degree(s) WORK EXPERIENCE 3 7 A �- / / 7-774 7-774 c� /l �/ � am �0 /e -� c, ,�, �.. �, .F�* INTEREST /ACTIVITIES (5v« • (' t�t�.cc�� "�` 1�--„ �-,� COMMUNITY INVOLVEMENT N,/g,% " fs WHY DO YOU DESIRE TO SERVE ON THIS /THESE BOARD(S)? V) /9 EXPERIENCE /QUALIFICATIONS RELATED TO BOARD(S) APPLYING FOR 1T ? "(Z2 /!� �C( ( / ��vn l�t� � V-- 2 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. 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 IJ a IOcI AGENDA REQUEST C.A. #2011-047 Date: May 5, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT 05/16/2011 BUSINESS ITEM DESCRIPTION: Agreement for Professional Real Estate Services - The Barnett Group The Triece Company BACKGROUND: On March 14, 2011 solicited for Requests for Qualifications ( "RFQ ") for Professional Real Estate Services (RFQ -GS -001). On April 15, 2011 the sealed submittals were opened and upon the Selection Committee's review of submittals and presentations; ranked as follows: (1) The Barnett Group; (2) The Triece Company; (3) W.D. Schock Company and (4) A.F. Carson Realty. Staff is requesting Council select and award a contract /agreement to The Barnett Group and The Triece Company. The attached contracts /agreements will be for a three (3) year period with the option of two (2) one - year extensions. No work will be assigned unless the appropriate Work Order has been approved per project. STAFF RECOMMENDATION: Staff recommends City Council approve the selection and award contracts /agreements to The Barnett Group and The Triece Company and authorize the City Manager to execute said agreement. ACTION REQUESTED: Motion to approve the selection and award contracts /agreements to The Barnett Group and The Triece Company and authorize the City Manager to execute said agreement. FINANCIAL IMPACT: (Finance Director) These real estate costs are currently budgeted in the FY 2011 Budget. (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: N/A AGENDA ITEM # Respectfully ubmitted, Concurrence: J athan McKinney Robin L. Matusick Finance Director Parale:al ' acey T : arlow City M. ager W o 0 0 CD N N N N 0 U J 0 1- o 0 0 0 v rn N- (0 . CO c 0 a 0 rn 0 co 0 O J O O O O Cfl CO CO CO cn a O C Q- O (6 o G) O N co -0 C ) > (a O V (G N > N LL • C G) E Q G) Q W t 10 o O 1.0 • CD 1n 10 (n v CO 0 0 v Q CO m Q W • c u) (° 0) cn Ln o O (n N- rn rn w U) c 0 0 o rn S � o '( u) > 2 � 0 Q G) >. O V Y CO Z m 5 m 0 C i V (0 Q a m H E O N G) 0 0 H H REQUEST FOR QUALIFICATIONS RFQ #11 -GS -001 C IPv of EDG [n, TERI City of Edgewater PROFESSIONAL REAL ESTATE SERVICES Michelle Grenham Purchasing Agent CCNA (Revision 1/2007) LEGAL NOTICE Pursuant to approval by the City Clerk, Sealed Qualifications to provide Professional Real Estate Services will be received until 2:30 p.m., on April 15, 2010 by the City Clerk's Office, City Hall, 104 N. Riverside Drive, Edgewater, Florida 32132. RFQ# 11 -GS -001 "Professional Real Estate Services" Services to be provided shall include, but not be limited to the following: Professional Real Estate Services in accordance with the terms, conditions, and specifications stated herein. ❑ A pre - qualification conference is not applicable for this solicitation. A n non - mandatory ® mandatory pre - qualification conference will be held on April 4, 2011, commencing promptly at 10:00 a.m., and will be held in the Council Chambers, 104 N. Riverside Drive, Edgewater, Florida 32132. If this pre - qualification conference is denoted as "mandatory", prospective proposers must be present in order to submit a qualification response. All statements shall be made upon the official qualification form which may be obtained on the City's E- Procurement site: www.demandstar.com. City of Edgewater does not discriminate based on age, race, color, sex, religion, national origin, disability or marital status. This Public Notice has been posted on the City of Edgewater Finance website: www.cityofedgewater.orq, www.demandstar.com, and also posted in the Lobby of City Hall on March 14, 2011. CCNA 2 PROPOSER'S NON - RESPONSE STATEMENT RFQ# 11 -GS -001 "Professional Real Estate Services" The intent of the City of Edgewater Finance Department is to issue solicitations that are clear, concise, and openly competitive. Therefore, we are interested in ascertaining reasons for prospective Proposers not wishing to respond to this solicitation. If your firm is not responding to this RFQ, please indicate the reason(s) by checking any appropriate item(s) listed below and return this form to City of Edgewater Finance Department, 104 N. Riverside Drive, Edgewater, Florida 32132. We are not responding to this RFQ for the following reason(s): ❑ Services requested not available through our company. ❑ Our firm could not meet specifications /scope of work. H Specifications /scope of work not clearly understood or applicable (too vague, rigid, etc.) n Project too small. n Insufficient time allowed for preparation of response. H Incorrect address used. Please correct mailing address: n Other reason(s): Name of Firm: Mailing Address: City, State, Zip: Telephone No: Email: By: Signature of Representative CCNA 3 TABLE OF CONTENTS 1) Introduction /Overview 5 A) Purpose /Objective 5 B) Background 5 C) Inquiries 5 D) Method of Source Selection 6 E) Pre - Qualification Conference 6 F) Projected Timetable 6 2) Scope of Work 7 3) City's Right to Inspect 7 4) Terms and Conditions of Contract 7 5) General Terms and Conditions 8 A. Licenses 8 B. Principals /Collusion 8 C. Taxes 8 D. Relation of City 8 E. Term Contracts 8 F. Termination 8 G. Liability 9 H. Assignment 9 I. Lobbying 9 K. Public Entity Crime 9 L. Conflict of Interest 10 M. Prohibition of Gifts to City Employees 10 N. Immigration Reform and Control Act 10 6) Instructions for Statement of Qualifications 10 A) Compliance with the RFQ 10 B) Acknowledgment of Insurance Requirements 10 C) Acknowledgment of Bonding Requirements 11 D) Delivery of Qualifications 12 E) Evaluation of Qualifications (Procedure) 13 F) Ambiguity, Conflict, or Other Errors in the RFQ 14 G) Qualification, Presentation, and Protest Costs 14 H) Acceptance or Rejection of Qualifications 14 I) Requests for Clarification of Qualifications 14 J) Validity of Qualifications 14 K) Response Format 15 L) Qualification Evaluation Committee and Evaluation Factors 16 PROPOSER CHECK LIST 18 CONFLICT OF INTEREST AFFIDAVIT 19 DECLARATION STATEMENT 22 INSURANCE REQUIREMENTS 24 CCNA 4 Request for Qualifications RFQ# 11 -GS -001 "Professional Real Estate Services" 1) Introduction /Overview A) Purpose /Objective As requested by the City Council of the City of Edgewater, the City of Edgewater Finance Department (herein after, "City ") has issued this Request for Qualification (hereinafter, "RFQ ") with the sole purpose and intent of obtaining qualifications from interested and qualified firms offering to provide Professional Real Estate Services in accordance with the specifications stated and /or attached herein /hereto. The successful proposer will hereinafter be referred to as the "Contractor ". The City is seeking the services of individuals or firms interested in providing Professional Real Estate Services for the City. It is anticipated that up to three individuals or firms may be selected for a contract period of one year, with the possibility of two one -year extensions. During this period, the City shall reserve the right to seek qualifications and /or proposals from other individuals or firms for specialized projects, as deemed to be in the best interest of the City. Pursuant to section 287.055(4)(b), no information related to compensation should be submitted with the qualifications. B) Background The City serves an area of 22.44 square miles with a population of approximately 21,394. The City's fiscal year begins on October 1st and ends on September 30th. The Finance Department maintains the funds and accounts of the City. The Finance Department is responsible for the custody and accounting of funds of each department. More detailed information on the government and its finances can be found in City of Edgewater's Comprehensive Annual Financial Report for fiscal year 2008 -2009 and in the City's Annual Budget for fiscal year 2009 -2010. Copies of these documents may be viewed on www.cityofedgewater.org. C) Inquiries Direct questions related to this RFQ to Michelle Grenham, Purchasing Agent, and submit such questions in writing to mgrenham @cityofedgewater.org. Please include the page and paragraph number for each question in order to ensure that questions asked are responded to correctly. Proposers must clearly understand that the only official answer or position of the City will be the one stated in writing to mgrenham @cityofedgewater.org. All questions asked, along with the answers rendered electronically distributed to firms registered for this solicitation and additionally posted on this site. CCNA 5 D) Method of Source Selection The City is using the Competitive Sealed Qualifications methodology of source selection for this procurement, as authorized by Resolution 2008 -R -04 establishing and adopting the City Purchasing Policy. The City may, as it deems necessary, conduct discussions with responsible proposers determined to be in contention for being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to solicitation requirements. E) Pre - Qualification Conference A pre - qualification conference is not applicable for this solicitation. A 1 non - mandatory ® mandatory pre - qualification conference will be held on April 4, 2011, commencing promptly at 10:00 a.m., and will be held in the Council Chambers, 102 N. Riverside Drive, Edgewater, Florida 32132. The purpose of the pre - qualification conference is to allow an open forum for discussion and questioning with City staff regarding the RFQ with all prospective proposers having an equal opportunity to hear and participate. Oral questions will receive oral responses, neither of which will be official, nor become part of the RFQ. Only written responses to written questions will be considered official, and will be included as part of the RFQ as an addendum. All prospective proposers are strongly encouraged to attend, as, unless requested by the department, this will be the only pre - qualification conference for this solicitation. If this pre - qualification conference is denoted as "mandatory", prospective proposers must be present in order to submit a qualification response. F) Projected Timetable The following projected timetable should be used as a working guide for planning purposes only. The City reserves the right to adjust this timetable as required during the course of the RFQ process. Event Date Issue RFQ Notice March 14, 2011 Pre - Qualification Conference April 4, 2011 @ 10AM Last Date for Receipt of Written Questions April 8, 2011 Qualification Close Date April 15, 2011 @ 2PM Selection Committee Review April 20, 2011 30 minute presentation from top- ranked firms Week of April 25, 2011 CCNA 6 2) Scope of Work The City invites proposals from qualified firms or individuals to provide the following services: Negotiate the purchase /sale /lease of all parcels assigned to the Contractor by the City. Obtain executed purchase agreements in accordance to the form and content as directed by the City. Advise the City, and its staff in matters regarding the purchase, offers, claims, counteroffers, discussions, and issues pertaining to the purchase /sale /lease of the assigned property(ies). Attend closings scheduled on purchases /sales by the City, at the request of the City. Attend meetings and /or public hearings with City staff, their agents, City officials, property owners, and other parties involved in the project, at either the request of the City or as part of the Contractor's work effort. Assist the City with efforts of obtaining plans, right -of -way maps, title searches, title commitments, owner's title policies, appraisals, acquisition and /or eminent domain use in a project. Provide other real property services requested by the City to plan, implement, negotiate, purchase, sell, lease and acquire the property assigned by the City. Maintain professional courtesy in all contacts with property owners. Provide the City with the original and /or a copy of all documents produced by the Contractor as a result of the work assigned, if requested. 3) City's Right to Inspect The City or its authorized Agent shall have the right to inspect the Contractor's facilities. 4) Terms and Conditions of Contract The City has developed standard contracts /agreements. The selected Contractor shall be required to sign a standard City contract within twenty one (21) days of Notice of Selection for Award. A contract(s) resulting from this RFQ shall be subject to the terms and conditions set forth in a standard City Contract. The City reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of the City. The City will not be obligated to sign any contracts, maintenance and /or service agreements or other documents provided by the Contractor. CCNA 7 5) General Terms and Conditions A. Licenses The Contractor is required to possess the correct occupational license, professional license, and any other authorizations necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. If required and /or requested, copies of the required licenses must be submitted with the qualification response indicating that the entity proposing, as well as the team assigned to the City account, are properly licensed to perform the activities or work included in the contract documents. A Contractor, with an office within the City is also required to have a business tax receipt and certificate of use. If you have questions regarding required professional licenses and Business Tax Receipt and Certificate of use, contact the Finance Department, (386) 424 -2400. B. Principals /Collusion By submission of this Qualification, the undersigned, as Proposer, does declare that the only person or persons interested in this Qualification as principal or principals is /are named therein and that no person other than therein mentioned has any interest in this Qualification or in the contract to be entered into; that this Qualification is made without connection with any person, company or parties making a Qualification, and that it is in all respects fair and in good faith without collusion or fraud. C. Taxes The City is exempt from Federal Excise and State of Florida Sales Tax. D. Relation of City It is the intent of the parties hereto that the Contractor shall be legally considered an independent contractor, and that neither the Contractor nor their employees shall, under any circumstances, be considered employees or agents of the City, and that the City shall be at no time legally responsible for any negligence on the part of said Contractor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. E. Term Contracts If funds are not appropriated for continuance of a term contract to completion, cancellation will be accepted by this Contractor on thirty (30) days prior written notice. F. Termination Should the Contractor be found to have failed to perform his services in a manner satisfactory to the City, the City may terminate this Agreement immediately for cause; CCNA 8 further the City may terminate this Agreement for convenience with a thirty (30) day written notice. The City shall be sole judge of non - performance. G. Liability The Contractor will not be held responsible for failure to complete contract due to causes beyond its control, including, but not limited to, work stoppage, fires, civil disobedience, riots, rebellions, Acts of Nature and similar occurrences making performance impossible or illegal. H. Assignment The Contractor(s) shall not assign, transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its rights, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of the City. I. Lobbying All firms are hereby placed on NOTICE that the City does not wish to be lobbied, either individually or collectively about a matter for which a firm has submitted a Qualification. Firms and their agents are not to contact members of the City Council for such purposes as meeting or introduction, luncheons, dinners, etc. During the process, from time of advertisement to final Council approval, no firm or their agent shall contact any other employee of the City in reference to this Qualification, with the exception of the Finance Director or his designee(s). Failure to abide by this provision may serve as grounds for disqualification for award of this contract to the firm. J. Equal Opportunity The City recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women business enterprises. K. 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 qualifications or contract with the City for construction of a public building or public works; may not submit bids for 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 for in s. 287.017 for CATEGORY TWO for a period of 36 months from the date being placed on the convicted vendor list. CCNA 9 L. Conflict of Interest Proposer shall complete the Conflict of Interest Affidavit included as an attachment to this RFQ document. Disclosure of any potential or actual conflict of interest is subject to City staff review and does not in and of itself disqualify a firm from consideration. These disclosures are intended to identify and or preclude conflict of interest situations during contract selection and execution. M. Prohibition of Gifts to City Employees No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any City employee, as set forth in Chapter 112, Part III, Florida Statutes, the current City Ethics Ordinance, and City Administrative Policy. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and /or any employee of the firm from contact with City staff for a specified period of time; b. Prohibition by the individual and /or firm from doing business with the City for a specified period of time, including but not limited to: submitting bids, RFQ, and /or quotes; and, c. immediate termination of any contract held by the individual and /or firm for cause. N. Immigration Reform and Control Act Proposer acknowledges, and without exception or stipulation, any firm(s) receiving an award shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement immediately. 6) Instructions for Statement of Qualifications A) Compliance with the RFQ Qualifications must be in strict compliance with this RFQ. Failure to comply with all provisions of the RFQ may result in disqualification. B) Acknowledgment of Insurance Requirements By signing the Insurance Requirements included in this RFQ, Proposer acknowledges these conditions include Insurance Requirements. It should be noted by the Proposer that, in order to meet the City's requirements, there may be additional insurance costs to the Proposer's firm. It is, therefore, imperative that the proposer discuss these requirements with the Proposer's insurance agent, as noted on the Insurance Check List, so that allowances for any additional costs can be made by the Proposer. CCNA 10 The Proposer's obligation under this provision shall not be limited in any way by the agreed upon contract price, or the Proposer's limit of, or lack of, sufficient insurance protection. Proposer also understands that the evidence of required insurance may be required within five (5) business days following notification of its offer being accepted; otherwise, the City may rescind its acceptance of the Proposer's qualification. The specific insurance requirements for this solicitation are included as part of this solicitation. C) Acknowledgment of Bonding Requirements By signing its qualification, and if applicable, Proposer acknowledges that it has read and understands the bonding requirements for this qualification. Requirements for this solicitation are checked. ® Not Applicable (l Qualification Bond: Shall be submitted with qualification response in the form of certified funds, cashiers' check, or an irrevocable letter of credit, a cash bond posted with the City Clerk, or qualification bond in a sum equal to 5% of the cost qualification. All checks shall be made payable to the City of Edgewater on a bank or trust company located in the State of Florida and insured by the Federal Deposit Insurance Corporation. The Qualification Bond shall be retained by the City as liquidated damages if the successful Proposer fails to execute and deliver to the City the unaltered contract, or fails to deliver any required Performance and Payment Bonds or Certificates of Insurance, all within twenty -one (21) calendar days after receipt of the Notice of Selection for Award. Qualification Bonds shall be executed by a corporate surety licensed under the laws of the State of Florida to execute such bonds, with conditions that the surety will, upon demand, forthwith make payment to the City upon said bond. The Qualification Bonds of the three (3) highest ranked Proposers shall be held until the contract has been executed by the successful Proposer and same has been delivered to the City together with the required bonds and insurance, after which all three (3) Qualification Bonds shall be released to the respective Bidders. All other Qualification Bonds shall be released within fourteen (14) calendar days of the Selection Committee meeting date. No qualifications including alternates shall be withdrawn within one hundred and eighty (180) days after the qualification closing date thereof. If a qualification is not accepted within said time period it shall be deemed rejected and the Qualification Bond shall be released to the Proposer. In the event that the City awards the contract prior to the expiration of the one hundred and eighty (180) day period without selecting any or all alternates, the City shall retain the right to subsequently award to the successful Proposer said alternates at a later time and approved by the Finance Director or designee, and the successful Proposer. CCNA 11 1 Performance and Payment Bonds: For projects in excess of $200,000, bonds shall be submitted with the executed contract by Proposers receiving award, and written for 100% of the Contract award amount, the cost borne by the Proposer receiving an award. The Performance and Payment Bonds shall be underwritten by a surety authorized to do business in the State of Florida and otherwise acceptable to Owner; provided, however, the surety shall be rated as "A -" or better as to general policy holders rating and Class V or higher rating as to financial size category and the amount required shall not exceed 5% of the reported policy holders' surplus, all as reported in the most current Best Key Rating Guide, published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New York 10038. Should the contract amount be less than $500,000, the requirements of Section 287.0935, F.S. shall govern the rating and classification of the surety. All performance security under the subsequent contract shall be in force throughout the final completion and acceptance of the project awarded. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business is terminated in the State of Florida, or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall, within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. D) Delivery of Qualifications All qualifications are to be delivered before 2:30 p.m., local time, on or before April 15, 2011 to: City of Edgewater City Clerk 104 N. Riverside Dr Edgewater, Florida 32132 The City shall not bear the responsibility for qualifications delivered to the City Clerk past the stated date and /or time indicated, or to an incorrect address by proposer's personnel or by the proposer's outside carrier. However, the City Clerk, or designee, shall reserve the right to accept qualifications received after the posted close time only under the following condition: The tardy submission of the qualification is due to the following circumstances, which shall include but not be limited to: late delivery by commercial carrier such as Fed Ex, UPS, DHL, or courier where delivery was scheduled before the deadline. Proposers must submit one (1) designated original and three (3) numbered exact copies of the qualification total of four (4). Additionally, one (1) qualification submitted on a CD- ROM in Microsoft Word or PDF format is required. List the Qualification Number on the outside of the box or envelope and note "Request for Qualification enclosed." CCNA 12 E) Evaluation of Qualifications (Procedure) The City's procedure for selecting is as follows: 1. The City Manager shall approve an Evaluation Committee to review all qualifications submitted in accordance with Statute. At a minimum there will be one member of the Finance Department as part of the evaluation committee. Plus there shall be a minimum of three members of the committee, but always an odd number. 2. Request for Qualifications issued. 3. Subsequent to the closing of qualifications, the Purchasing Agent and Project Manager shall review the qualifications received and verify whether each qualification appears to be minimally responsive to the requirements of the published RFQ. In instances where both the Purchasing Agent and Project Manager be appointed to the committee as voting members, such meetings shall be open to the public and the Purchasing Agent shall endeavor to publicly post prior notice of such meeting in the lobby of the City Hall three (3) days in advance of all such meetings. 4. The committee members shall review each Qualification individually and score each qualification based on the evaluation criteria stated herein. 5. Prior to the first meeting of the evaluation committee, the City Clerk will post a notice announcing the date, time and place of the first committee meeting. Said notice shall be posted in the lobby of the City Hall not less than three (3) working days prior to the meeting. The City Clerk shall also post prior notice of all subsequent committee meetings. 6. The committee will compile individual rankings, based on the evaluation criteria as stated herein, for each qualification to determine committee recommendations. The committee will schedule presentations or demonstrations from the top- ranked firm(s), and may at their discretion make site visits, and obtain guidance from third party subject matter experts. The final recommendation will be decided based on review of scores and consensus of committee. The City reserves the right to withdraw this RFQ at any time and for any reason, and to issue such clarifications, modifications, and /or amendments as it may deem appropriate. Receipt of a qualification by the City or a submission of a qualification to the City offers no rights upon the Proposer nor obligates the City in any manner. Acceptance of the qualification does not guarantee issuance of any other governmental approvals. CCNA 13 F) Ambiguity, Conflict, or Other Errors in the RFQ If a Proposer discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFQ, Proposer shall immediately notify the Purchasing Agent, noted herein, of such error in writing and request modification or clarification of the document. The Purchasing Agent will make modifications by issuing a written revision and will give written notice to all parties who have received this RFQ from the Finance Department. The Proposer is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFQ prior to submitting the qualification or it shall be waived. G) Qualification, Presentation, and Protest Costs The City will not be liable in any way for any costs incurred by any proposer in the preparation of its qualification in response to this RFQ, nor for the presentation of its qualification and /or participation in any discussions, negotiations, or, if applicable, any protest procedures. H) Acceptance or Rejection of Qualifications The right is reserved by the City to waive any irregularities in any qualification, to reject any or all qualifications, to re- solicit for qualifications, if desired, and upon recommendation and justification by the City to accept the qualification which in the judgment of the City is deemed the most advantageous for the public and the City. Any qualification which is incomplete, conditional, and obscure or which contains irregularities of any kind may be cause for rejection. In the event of default of the successful proposer, or their refusal to enter into the City contract, the City reserves the right to accept the qualification of any other proposer or to re- advertise using the same or revised documentation, at its sole discretion. I) Requests for Clarification of Qualifications Requests by the Purchasing Agent to a proposer(s) for clarification of qualification(s) shall be in writing. Proposer's failure to respond to request for clarification may deem proposer to be non - responsive, and may be just cause to reject its qualification. J) Validity of Qualifications No qualification can be withdrawn after it is filed unless the Proposer makes their request in writing to the City prior to the time set for the closing of Qualifications. All qualifications shall be valid for a period of one hundred eighty (180) days from the submission date to accommodate evaluation and selection process. CCNA 14 K) Response Format The qualification shall be deemed an offer to provide services to the City. In submitting a qualification, the Proposer declares that he /she understands and agrees to abide by all specifications, provisions, terms and conditions of same, and all ordinances and policies of the City. The Proposer agrees that if the contract is awarded to him /her, he /she will perform the work in accordance with the provisions, terms and conditions of the contract. To facilitate the fair evaluation and comparison of qualifications, all qualifications must conform to the guidelines set forth in this RFQ. Any portions of the qualification that do not comply with these guidelines must be so noted and explained the Acceptance of Conditions section of the qualification. However, any qualification that contains such variances may be considered non - responsive. Qualifications should be prepared simply and economically, providing a straightforward concise description of the Proposer's approach and ability to meet the City's needs, as stated in the RFQ. All copies of the qualification should be bound and tabbed, preferably in a three (3) ring binder for uniformity and ease of handling. The utilization of recycled paper for qualification submission is strongly encouraged. The items listed below shall be submitted with each qualification and should be submitted in the order shown. Each section should be clearly labeled, with pages numbered and separated by tabs. Failure by a proposer to include all listed items may result in the rejection of its qualification. 1) Tab I, Management Summary Provide a cover letter, signed by an authorized officer of the firm, indicating the underlying philosophy of the firm in providing the services stated herein. Include the name(s), telephone number(s), and email(s) of the authorized contact person(s) concerning qualification. Submission of a signed Qualification is Proposer's certification that the Proposer will accept any awards made to him as a result of said submission of the terms contained therein. 2) Tab II, Experience and Capacity The qualification should state the size of the firm, years of experience, the location of the office from which the work on this engagement is to be performed and the number and nature of the professional staff available for this contract. The firm should identify the individuals who will provide the services, including resume and experience in similar work. CCNA 15 3) Tab III, Customer Listing Provide a listing of all previous customers during the past three years for all work of similar size and scope. The services provided to these clients should have characteristics as similar as possible to those requested in this RFQ. Information provided for each client shall include the following: • Client name, address, and current telephone number. • Description of services provided. • Time period of the project or contract. • Client's contact reference name and current telephone number. Failure to provide complete and accurate client information, as specified here, may result in the disqualification of your qualification. 4) Tab IV, Acceptance of Conditions Indicate any exceptions to the general terms and conditions of the RFQ, and to insurance requirements or any other requirements listed in the RFQ. If no exceptions are indicated in this tabbed section, it will be understood that no exceptions to these documents will be considered after the award, or if applicable, during negotiations. 5) Tab V, Documents • Professional Certifications /Licenses • Affiliations and /or memberships 6) Tab VI, Required Form Submittals • Proposer Checklist • Conflict of Interest • Proposers Qualification Form • Declaration Statement • Insurance Requirements L) Qualification Evaluation Committee and Evaluation Factors A team of City Employees will evaluate and rank each submittal based on required information provided. Evaluation factors are based on the abilities of the proposer to efficiently perform the Scope of Services as generally outlined in this Request for Qualifications. The City will be seeking to identify the submittal(s) which will best meet the needs of the City of Edgewater as determined from the responses to this Request for Qualifications. A selected group of proposers may be required to make an oral presentation to the Selection CCNA 16 Committee. Such presentation will provide an opportunity for the proposers to clarify the information provided in their RFQ. Oral presentations, if any, will be considered in conjunction with submitted data by the Selection Committee. The Selection Committee will present its recommendation to the City Council, which has the authority to make the final determination and award contracts. Submissions will be evaluated on a total score basis, with a maximum score of one hundred (100) points. The following criteria will be used in the evaluation process to determine the successful respondent(s): Evaluation Criteria Maximum Points Work History — ■ References and past performance related to providing 30 quality service (15 points) • Related work experience (15 points) Staffing and Equipment — ■ Ability and capacity of the proposer to perform and comply 20 with required services. Administrative & Staff Experience — ■ Educational background and training of key personnel that 20 are related to required services. Location — ■ Proximity of the Respondent's office to City Hall and familiarity with City Real Estate. 30 Total Points 100 CC NA 17 ATTACHMENTS THIS SHEET MUST BE SIGNED CITY OF EDGEWATER EDGEWATER, FLORIDA FINANCE DEPARTMENT PROPOSER CHECK LIST I M P O R T A N T: Please read carefully, sign in the spaces indicated and return with your Qualification. Proposer should check off each of the following items as the necessary action is completed: ❑ The Qualification has been signed. ❑ All information as requested in the Proposer's Qualification Form is included. n All applicable forms have been signed and included ❑ Any addenda have been signed and included. The mailing envelope has been addressed to: CITY CLERK City of Edgewater 104 N. Riverside Dr. Edgewater, Florida 32132 1 1 The mailing envelope must be sealed and marked with Qualification Number, Qualification Title and Due Date. 1 1 The Qualification will be mailed or delivered in time to be received no later than the specified due date and time. (Otherwise Qualification cannot be considered.) ALL COURIER - DELIVERED QUALIFICATIONS MUST HAVE THE RFQ NUMBER AND TITLE ON THE OUTSIDE OF THE COURIER PACKET Company Name Signature and Title Date Email CCNA 18 CONFLICT OF INTEREST AFFIDAVIT By the signature below, the firm (employees, officers and /or agents) certifies, and hereby discloses, that, to the best of their knowledge and belief, all relevant facts concerning past, present, or currently planned interest or activity (financial, contractual, organizational, or otherwise) which relates to the proposed work; and bear on whether the firm (employees, officers and /or agents) has a possible conflict have been fully disclosed. Additionally, the firm (employees, officers and /or agents) agrees to immediately notify in writing the Finance Director, or designee, if any actual or potential conflict of interest arises during the contract and /or project duration. Firm Signature Date Name Printed Title of Person Signing Affidavit State of City of SUBSCRIBED AND SWORN to before me this day of , 20 , by , who is personally known to me to be the for the Firm, OR who produced the following identification: Notary Public My Commission Expires: CCNA 19 PROPOSERS QUALIFICATION FORM LIST CURRENT CONTRACTS: LIST CONTRACTS WHICH YOUR FIRM IS THE CANDIDATE FOR AWARD: OTHER INFORMATION ABOUT PROJECTS: Have you, at any time, failed to complete a project? n Yes 1 I No STATEMENT OF LITIGATION: Are there any judgments, claims or suits pending or outstanding by or against you? n Yes ❑ No If the answer to either question is yes, submit details on separate sheet. List all lawsuits that have been filed by or against your firm in the last five (5) years: FEES: List total fees for work done on all City of Edgewater projects in the past five (5) years, whether as an individual firm or as part of a joint venture. Fees must be listed individually by contract or project and then summarized as a total dollar amount. Attach additional page if necessary. $ Total Fees for work done on all City of Edgewater projects CCNA 20 REFERENCES: Bank(s) Maintaining Account(s): Surety /Underwriter: (if required) Other References: (Use additional sheets if necessary) TYPE OF FIRM: 1 Corporation/Years in Business: . If firm is a corporation, please list state in which it is incorporated: . If firm is a corporation, by signing this form, Proposer certifies that the firm is authorized to do business in the State of Florida. n Partnership/Years in Business: 1 Sole Proprietorship/Years in Business: n Other: Please list: Pursuant to information for prospective Proposers for the above - mentioned proposed project, the undersigned is submitting the information as required with the understanding that it is only to assist in determining the qualifications of the organization to perform the type and magnitude of work intended, and further, guarantee the truth and accuracy of all statements herein made. We will accept your determination of qualifications without prejudice. Name of Organization: By: Title: Attested By: Title: Date: CCNA 21 DECLARATION STATEMENT City of Edgewater 104 N. Riverside Dr. Edgewater, FL 32132 RE: RFQ NO. 11 - GS - 001 -- "Professional Real Estate Services" Dear Mayor and Council Members: The undersigned, as Proposer (herein used in the masculine, singular, irrespective of actual gender and number) declares that he is the only person interested in this qualification or in the contract to which this qualification pertains, and that this qualification is made without connection or arrangement with any other person and this qualification is in every respect fair and made in good faith, without collusion or fraud. The Proposer further declares that he has complied in every respect with all the Instructions to Proposers issued prior to the opening of qualifications, and that he has satisfied himself fully relative to all matters and conditions with respect to the general condition of the contract to which the qualification pertains. The Proposer puts forth and agrees to commence negotiations, in accordance with F.S. 287.055(5), and execute an appropriate City document for the purpose of establishing a formal contractual relationship between him, and the City. (Qualification Continued on Next Page) CCNA 22 QUALIFICATION CONTINUED IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of , 20 in the City of , in the State of Firm's Complete Legal Name (Address) (City, State, ZIP) Phone No. Check one of the following: Fax No. n Sole Proprietorship 1 1 Corporation or P.A. State of ❑ Limited Partnership General Partnership By Typed and Written Signature Title *********************************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** ADDITIONAL CONTACT INFORMATION Send Payments To: (REQUIRED ONLY if different from above) (Company Name used as Payee) Contact Name: Title: (Address) (City, State, ZIP) Phone No. FAX No. Email address: CCNA 23 City of Edgewater, Florida INSURANCE REQUIREMENTS INSURANCE TYPE REQUIRED LIMITS ® 1. Worker's Compensation Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government Statutory Limits and Requirements. E 2. Commercial General Liability Bodily Injury & Property Damage (Occurrence Form) patterned after the current 1.5.0 form with no limiting endorsements. $1,000,000 single limit per occurrence ® 3. Indemnification: To the maximum extent permitted by Florida law, the Contractor/Vendor /Consultant shall indemnify and hold harmless the City of Edgewater, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractorf'Jend o r!Gonsultant or anyone employed or utilized by the Contractor /Vendor /Consultant in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of the City of Edgewater. z 4. Automobile Liability $ 500,000 Each Occurrence Owned /Non - owned /Hired Automobile Included ® 5. Other Insurance as indicated below: $ 1,000,000 Per Occurrence Errors and Omissions or Professional Malpractice Coverage CCNA 24 CITY OF EDGEWATER, FLORIDA INSURANCE REQUIREMENTS (Continued) 1 1 6. Aircraft Liability $1,000,000 each occurrence combined single limit for bodily injury liability and property damage liability. ® 7. Contractor shall ensure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide City with certificates of insurance meeting the required insurance provisions. Z 8. The City of Edgewater must be named as "ADDITIONAL INSURED" on the Insurance Certificate for Commercial General Liability where required. ® 9. The City of Edgewater shall be named as the Certificate Holder. NOTE - -The "Certificate Holder" should read as follows: City of Edgewater Edgewater, Florida No City Division, Department, or individual name should appear on the Certificate. No other format will be acceptable. ® 10. Thirty (30) Days Cancellation Notice required. • 11. The Certificate must state the RFQ Number and Title. PROPOSER'S AND INSURANCE AGENT'S STATEMENT: We understand the insurance requirements of these specifications and that the evidence of insurability may be required within five (5) days of the award of RFQ. Proposer Insurance Agency Signature of Proposer Signature of Proposer's Agent CCNA 25 PROFESSIONAL SERVICES AGREEMENT REAL ESTATE SERVICES WITH THE BARNETT GROUP, INC This Agreement is made and entered into this day of , 2011, 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 THE BARNETT GROUP, INC. (hereinafter referred to as "REAL ESTATE BROKER "), 3301 S. Ridgewood Avenue, Edgewater, Florida 32141. PREMISES WHEREAS, the City wishes to employ a Real Estate Broker to assist the City relating to various real estate projects /assignments, and, WHEREAS, the City desires to employ the Real Estate Broker in connection therewith upon terms and conditions hereinafter as set forth, and the Real Estate Broker is desirous of obtaining such employment and has represented that it is qualified and competent to perform such services, and, WHEREAS, in March 2011, the City advertised for "Requests for Qualifications" from qualified real estate firms; and WHEREAS, during the City Council meeting on May 16, 2011, Council authorized selection of two (2) real estate 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 Real Estate Broker agree as follows: 1. SCOPE OF PROFESSIONAL SERVICES The Real Estate Broker agrees that it shall diligently and timely perform professional services as requested by the City. Real Estate Broker understands that the City may request these professional services on an as- needed basis and that the requested services may require the following: • Negotiate the purchase /sale /lease of all parcels assigned to the Contractor by the City. Obtain executed purchase agreements in accordance to the form and content as directed by the City. • Advise the City, and its staff in matters regarding the purchase, offers, claims, counteroffers, discussions, and issues pertaining to the purchase /sale /lease of the assigned property(ies). (Agreement /RealEstate— Barnett -2011) 1 • Attend closings scheduled on purchases /sales by the City, at the request of the City. • Attend meetings and/or public hearings with City staff, their agents, City officials, property owners, and other parties involved in the project, at either the request of the City or as part of the Contractor's work effort. • Assist the City with efforts of obtaining plans, right -of -way maps, title searches, title commitments, owner's title policies, appraisals, acquisition and/or eminent domain use in a project. • Provide other real property services requested by the City to plan, implement, negotiate, purchase, sell, lease and acquire the property assigned by the City. • Maintain professional courtesy in all contacts with property owners. • Provide the City with the original and/or a copy of all documents produced by the Contractor as a result of the work assigned, if requested. Upon request for professional services by the City for a specific project, the Real Estate Broker 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 Real Estate Broker or his/her designee, as approved by the City, agrees to perform the functions of their office in a competent and professional manner. The Real Estate Broker 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 Real Estate Broker, 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 Real Estate Broker 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 Real Estate Broker is unable to complete the services within the time specified because of delays resulting from untimely review and approval by the City, the City may grant a reasonable extension of time for completion of Work upon timely written request for same which shall be given by Real Estate Broker to the City no later than forty -eight (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 Real Estate Broker, which might delay the project's scheduled completion date, the City shall grant to the Real Estate Broker in writing an (Agreement /RealEstate— Barnett -2011) 2 extension of the Contract time equal to the aforementioned delays. The City shall be solely responsible for determination of whether any extension of time for performance should be awarded to the Real Estate Broker. 3. AUTHORIZATION FOR SERVICES Authorization for performance of professional services by the Real Estate Broker 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. 4. COMPENSATION AND METHOD OF PAYMENT A. Upon satisfactory completion of the Work required under the appropriate Work Order issued hereunder or any Change Orders thereto, and, upon acceptance of the Work by the City, the Real Estate Broker 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 Real Estate Broker, City agrees that will make its best efforts to pay the Real Estate Broker within thirty (30) days of receipt of such invoice. If construction management is involved, final payment to the Real Estate Broker shall be made by the City within sixty (60) calendar days of City's acceptance of the fully executed Certificate of Contract Completion for the Construction Contract and submittal of appropriate documentation and invoicing. B. At the end of each month the Real Estate Broker 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 Real Estate Broker 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 Real Estate Broker and the City subsequent to the close of the final fiscal period in which the last Work is performed. Total compensation to the Real Estate Broker may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Real Estate Broker. 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, the State of Florida, the County of Volusia, or any representatives, shall have access to any books, documents, papers and records of the Real Estate Broker 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 Real Estate Broker (Agreement /RealEstate— Barnett -2011) 3 will be adhered to by the Real Estate Broker. Copies of such grants shall be furnished to Real Estate Broker. E. The Real Estate Broker 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, Real Estate Broker shall refund such overpayment to the City within thirty (30) days of notice by the City. 5. CHANGES IN SCOPE OF WORK City or Real Estate Broker 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 If the Real Estate Broker 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 Real Estate Broker entering into a Subconsultant Agreement. B. Real Estate Broker shall coordinate the services and work product of any Subconsultants, and remain fully responsible under the terms of this Agreement. Real Estate Broker shall be and remain responsible for professional quality preparation of boundary surveying; topographical surveying; tree surveying; plat reviews and recommendations; legal descriptions; accurate surveying information used for title searches, title commitments and insurance policies; as -built surveys and other title and/or survey services as may be required. C. Any Subconsultant Agreement shall be in writing and shall reflect the terms of this Agreement and require the Subconsultant to assume performance of Real Estate Broker's duties and commensurately with Real Estate Broker's duties to City under this Agreement, it being understood that nothing contained herein shall in any way relieve the Real Estate Broker from any of its duties under this (Agreement /RealEstate— Barnett -2011) 4 Agreement. Real Estate Broker shall provide the City with copies of all Subconsultant Agreements upon request of the City. D. Real Estate Broker 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 Real Estate Broker /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. 7. RESPONSIBILITY OF THE CITY City shall furnish the Real Estate Broker 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 Real Estate Broker, 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 Real Estate Broker and returned to the City. 8. RESPONSIBILITY OF THE REAL ESTATE BROKER A. Real Estate Broker shall be responsible for professional quality relating to preparation of boundary surveying; topographical surveying; tree surveying; plat reviews and recommendations; legal descriptions; accurate surveying information used for title searches, title commitments and insurance policies; as -built surveys and other title and/or survey services as may be required. B. During the term of this Agreement, the Real Estate Broker shall maintain all required professional and other necessary certifications, licenses and authorizations required under Federal, State and Local law. 9. REPRESENTATIVE OF CITY AND REAL ESTATE BROKER 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 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. Real Estate Broker 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 Real Estate Broker 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 purposed of this Agreement only, designated Real Estate Broker representative is: (Agreement /RealEstate— Barnett -2011) 5 Marcia Barnett (Representative) The Barnett Group, Inc (Company) 3301 S. Ridgewood Avenue Edgewater, Florida 32141 (386)426- 7234/(386)426 -7966 (Fax) 10. NON - EXCLUSIVE CONTRACT The City reserves the right at its sole discretion to enter into the contracts with other real Estate Brokers 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 Real Estate Broker may elect to renew the contract for two (2) additional terms of one (1) year each. Real Estate Broker 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 Real Estate Broker, 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 Real Estate Broker to fulfill his Agreement obligations. Upon receipt of such notice, the Real Estate Broker 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 Real Estate Broker in performing this Agreement, whether completed or in process. B. If the termination is for the convenience of the City, the Real Estate Broker shall be paid full compensation for services performed to the date of termination. C. If the termination is due to the failure of the Real Estate Broker 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 Real Estate Broker shall be liable to the City for reasonable additional costs occasioned to the City thereby including, but not limited to, all damages arising from Real Estate Broker's breach and all attorney's fees and expenses incurred as a result of any action or proceeding, litigation or arbitration, if applicable, arising there from. D. If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the Real Estate Broker 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 (Agreement /RealEstate— Barnett -2011) 6 this Section and such adjustment in Agreement price shall be deemed to be the sole remedy of the Real Estate Broker. E. The City reserves the right to cancel and terminate this Contract, without penalty, in the event that the Real Estate Broker or any employee, servant, or agent of the Real Estate Broker 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 real Estate Broker for or on behalf of the City. It is understood and agreed that in the event of such termination, the Real Estate Broker 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 Real Estate Broker shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of Real Estate Broker's creditors. F. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. G. The Real Estate Broker 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 Real Estate Broker under law. 13. INDEMNIFICATION OF CITY A. To the fullest extent permitted by law, the Real Estate Broker 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 Real Estate Broker, its agents, servants, employees, or Subconsultants. In accordance with Florida Statutes, Chapter 725, adequate consideration has been provided to the Real Estate Broker 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 Real Estate Broker 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 Real Estate Broker or its agents or Subconsultants, under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. B. The execution of this Agreement by the Real Estate Broker shall obligate the Real Estate Broker to comply with the foregoing indemnification provision; however, the collateral obligation of insuring this indemnity must be complied with as set forth below. ( Agreement /RealEstate— Barnett -2011) 7 C. The City will require that any real Estate Broker /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 Real Estate Broker, their consultants and each of their officers and employees from any and all losses, or damages arising out of the Real Estate Broker'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 Real Estate Broker, their subconsultants, or their officers and employees. 14. INSURANCE A. Real Estate Broker 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 Real Estate Broker. 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. Real Estate Broker 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 of liability 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 Real Estate Broker, 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 THOUSDAND AND NO /100 DOLLARS ($200,000.00) for damages for any one occurrence. (Agreement /RealEstate— Barnett -2011) 8 (b) Property Damage Insurance — Real Estate Broker 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) Real Estate Broker 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 coverage's or limits, a notice thereof shall be given to the City by U. S. Mail to: Legal Department, P. O. Box 100, Edgewater, Florida 32132 -0100. Real Estate Broker shall also notify City, in a like manner, within twenty -four (24) hours after receipt of any notice of expiration, cancellation, non - renewal or material change in coverage received by said Real Estate Broker from its insurer and nothing contained herein shall absolve Real Estate Broker or 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. 15. REUSE OF DOCUMENTS A. Wherever and whenever applicable, all data, documents including maps furnished by Real Estate Broker 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 Real Estate Broker. Such reuse will be without need of ( Agreement /RealEstate— Barnett -2011) 9 written approval of the Real Estate Broker, however, Real Estate Broker shall not be held professionally responsible for any such reuse. City shall indemnify and hold Real Estate Broker 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 Real Estate Broker for future work, Real Estate Broker agrees to perform said services for a mutually agreed 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. 16. 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: If to Real Estate Broker: Legal Department Marcia Barnett City of Edgewater The Barnett Group, Inc P. O. Box 100 3301 S. Ridgewood Avenue 104 N. Riverside Drive Edgeawter, FL 32141 Edgewater, FL 32132 -0100 (386)426 -7234 (386)424 -2403 ext #1203 17. EQUAL OPPORTUNITY EMPLOYMENT Real Estate Broker 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. 18. NO CONTINGENT FEES Real Estate Broker warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Real Estate Broker 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 Real Estate Broker, 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. (Agreement /RealEstate— Barnett -2011) 10 19. COMPLIANCE WITH §287.133, FLORIDA STATUTES Real Estate Broker shall, simultaneous with the execution of this Agreement, if not previously done, execute a public entity crime statement required by §287.133, Florida Statutes. 20. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS The Real Estate Broker 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. 21. CONFLICT OF INTEREST Real Estate Broker agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the City. 22. 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. Real Estate Broker shall not perform any professional services for the City at any time if the performance of work on behalf of the City would reasonably be considered a conflict of interest. In the event the Real Estate Broker is performing services when it determines a conflict of interest arises, it shall immediately notify the City and work to immediately resolve the conflict of interest. 23. 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. 24. 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 (Agreement /RealEstate— Barnett -2011) 11 provision of this Agreement either at the time the breach or failure occurs or at any time throughout the term of this Agreement. 25. INDEPENDENT CONTRACTOR It is hereby mutually agreed that the Real Estate Broker is and shall remain an independent contractor and not an employee of the City. 26. 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. 27. 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 justifiable in federal court. 28. ATTORNEY'S FEES If the City is required to institute or defend any legal proceedings in connection with this Contract, the Real Estate Broker agrees to pay the costs thereof, together with reasonable attorney's fees for the City's attorney in the event the City is the prevailing party in such legal proceedings. IN WITNESS WHEREOF, the parties have hereto caused the execution of these documents, on this day of May, 2011. WITNESSES: CITY OF EDGEWATER Tracey T. Barlow, City Manager Robin L. Matusick, Paralegal Dated: WITNESSES: THE BARNETT GROUP, INC. Marcia Barnett Dated: (Agreement /RealEstate— Barnett -2011) 12 PROFESSIONAL SERVICES AGREEMENT REAL ESTATE SERVICES WITH THE TRIECE COMPANY This Agreement is made and entered into this day of , 2011, 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 THE TRIEVE COMPANY (hereinafter referred to as "REAL ESTATE BROKER "), Suite 4, Bank America Bldg., 150 S. C.R. Beall Blvd, P.O. Box 530598, Debarry, Florida 32753- 0598. PREMISES WHEREAS, the City wishes to employ a Real Estate Broker to assist the City relating to various real estate projects /assignments, and, WHEREAS, the City desires to employ the Real Estate Broker in connection therewith upon terms and conditions hereinafter as set forth, and the Real Estate Broker is desirous of obtaining such employment and has represented that it is qualified and competent to perform such services, and, WHEREAS, in March 2011, the City advertised for "Requests for Qualifications" from qualified real estate firms; and WHEREAS, during the City Council meeting on May 16, 2011, Council authorized selection of two (2) real estate 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 Real Estate Broker agree as follows: 1. SCOPE OF PROFESSIONAL SERVICES The Real Estate Broker agrees that it shall diligently and timely perform professional services as requested by the City. Real Estate Broker understands that the City may request these professional services on an as- needed basis and that the requested services may require the following: • Negotiate the purchase /sale /lease of all parcels assigned to the Contractor by the City. Obtain executed purchase agreements in accordance to the form and content as directed by the City. • Advise the City, and its staff in matters regarding the purchase, offers, claims, counteroffers, discussions, and issues pertaining to the purchase /sale /lease of the assigned property(ies). ( Agreement /RealEstate — Triece -2011) 1 • Attend closings scheduled on purchases /sales by the City, at the request of the City. • Attend meetings and/or public hearings with City staff, their agents, City officials, property owners, and other parties involved in the project, at either the request of the City or as part of the Contractor's work effort. • Assist the City with efforts of obtaining plans, right -of -way maps, title searches, title commitments, owner's title policies, appraisals, acquisition and/or eminent domain use in a project. • Provide other real property services requested by the City to plan, implement, negotiate, purchase, sell, lease and acquire the property assigned by the City. • Maintain professional courtesy in all contacts with property owners. • Provide the City with the original and/or a copy of all documents produced by the Contractor as a result of the work assigned, if requested. Upon request for professional services by the City for a specific project, the Real Estate Broker 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 Real Estate Broker or his/her designee, as approved by the City, agrees to perform the functions of their office in a competent and professional manner. The Real Estate Broker 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 Real Estate Broker, 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 Real Estate Broker 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 Real Estate Broker is unable to complete the services within the time specified because of delays resulting from untimely review and approval by the City, the City may grant a reasonable extension of time for completion of Work upon timely written request for same which shall be given by Real Estate Broker to the City no later than forty -eight (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 Real Estate Broker, which might delay the project's scheduled completion date, the City shall grant to the Real Estate Broker in writing an extension of the Contract time equal to the aforementioned delays. The City shall be solely ( Agreement /RealEstate — Triece -2011) 2 responsible for determination of whether any extension of time for performance should be awarded to the Real Estate Broker. 3. AUTHORIZATION FOR SERVICES Authorization for performance of professional services by the Real Estate Broker 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. 4. COMPENSATION AND METHOD OF PAYMENT A. Upon satisfactory completion of the Work required under the appropriate Work Order issued hereunder or any Change Orders thereto, and, upon acceptance of the Work by the City, the Real Estate Broker 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 Real Estate Broker, City agrees that will make its best efforts to pay the Real Estate Broker within thirty (30) days of receipt of such invoice. If construction management is involved, final payment to the Real Estate Broker shall be made by the City within sixty (60) calendar days of City's acceptance of the fully executed Certificate of Contract Completion for the Construction Contract and submittal of appropriate documentation and invoicing. B. At the end of each month the Real Estate Broker 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 Real Estate Broker 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 Real Estate Broker and the City subsequent to the close of the final fiscal period in which the last Work is performed. Total compensation to the Real Estate Broker may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Real Estate Broker. 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, the State of Florida, the County of Volusia, or any representatives, shall have access to any books, documents, papers and records of the Real Estate Broker 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 Real Estate Broker will be adhered to by the Real Estate Broker. Copies of such grants shall be furnished to Real Estate Broker. ( Agreement /RealEstate — Triece -2011) 3 E. The Real Estate Broker 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, Real Estate Broker shall refund such overpayment to the City within thirty (30) days of notice by the City. 5. CHANGES IN SCOPE OF WORK City or Real Estate Broker 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 If the Real Estate Broker 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 Real Estate Broker entering into a Subconsultant Agreement. B. Real Estate Broker shall coordinate the services and work product of any Subconsultants, and remain fully responsible under the terms of this Agreement. Real Estate Broker shall be and remain responsible for professional quality preparation of boundary surveying; topographical surveying; tree surveying; plat reviews and recommendations; legal descriptions; accurate surveying information used for title searches, title commitments and insurance policies; as -built surveys and other title and/or survey services as may be required. C. Any Subconsultant Agreement shall be in writing and shall reflect the terms of this Agreement and require the Subconsultant to assume performance of Real Estate Broker's duties and commensurately with Real Estate Broker's duties to City under this Agreement, it being understood that nothing contained herein shall in any way relieve the Real Estate Broker from any of its duties under this Agreement. Real Estate Broker shall provide the City with copies of all Subconsultant Agreements upon request of the City. ( Agreement /RealEstate — Triece -2011) 4 D. Real Estate Broker 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 Real Estate Broker /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. 7. RESPONSIBILITY OF THE CITY City shall furnish the Real Estate Broker 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 Real Estate Broker, 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 Real Estate Broker and returned to the City. 8. RESPONSIBILITY OF THE REAL ESTATE BROKER A. Real Estate Broker shall be responsible for professional quality relating to preparation of boundary surveying; topographical surveying; tree surveying; plat reviews and recommendations; legal descriptions; accurate surveying information used for title searches, title commitments and insurance policies; as -built surveys and other title and/or survey services as may be required. B. During the term of this Agreement, the Real Estate Broker shall maintain all required professional and other necessary certifications, licenses and authorizations required under Federal, State and Local law. 9. REPRESENTATIVE OF CITY AND REAL ESTATE BROKER 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 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. Real Estate Broker 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 Real Estate Broker 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 purposed of this Agreement only, designated Real Estate Broker representative is: Steven Triece (Representative) The Triece Company (Company) Suite 4, Bank America Bldg. 150 S. C.R. Beall Blvd ( Agreement /RealEstate — Triece -2011) 5 P.O. Box 530598 DeBary, Florida 32753 -0598 (386)956 -2020 10. NON - EXCLUSIVE CONTRACT The City reserves the right at its sole discretion to enter into the contracts with other real Estate Brokers 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 Real Estate Broker may elect to renew the contract for two (2) additional terms of one (1) year each. Real Estate Broker 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 Real Estate Broker, 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 Real Estate Broker to fulfill his Agreement obligations. Upon receipt of such notice, the Real Estate Broker 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 Real Estate Broker in performing this Agreement, whether completed or in process. B. If the termination is for the convenience of the City, the Real Estate Broker shall be paid full compensation for services performed to the date of termination. C. If the termination is due to the failure of the Real Estate Broker 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 Real Estate Broker shall be liable to the City for reasonable additional costs occasioned to the City thereby including, but not limited to, all damages arising from Real Estate Broker's breach and all attorney's fees and expenses incurred as a result of any action or proceeding, litigation or arbitration, if applicable, arising there from. D. If, after notice of termination for failure to fulfill Agreement obligations, it is determined that the Real Estate Broker 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 Real Estate Broker. ( Agreement /RealEstate — Triece -2011) 6 E. The City reserves the right to cancel and terminate this Contract, without penalty, in the event that the Real Estate Broker or any employee, servant, or agent of the Real Estate Broker 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 real Estate Broker for or on behalf of the City. It is understood and agreed that in the event of such termination, the Real Estate Broker 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 Real Estate Broker shall be placed in either voluntary or involuntary bankruptcy or an assignment be made for the benefit of Real Estate Broker's creditors. F. The rights and remedies of the City provided in this clause are in addition to any other rights and remedies provided by law or under this Agreement. G. The Real Estate Broker 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 Real Estate Broker under law. 13. INDEMNIFICATION OF CITY A. To the fullest extent permitted by law, the Real Estate Broker 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 Real Estate Broker, its agents, servants, employees, or Subconsultants. In accordance with Florida Statutes, Chapter 725, adequate consideration has been provided to the Real Estate Broker 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 Real Estate Broker 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 Real Estate Broker or its agents or Subconsultants, under Workers' Compensation acts, disability benefit acts, or other employee benefit acts. B. The execution of this Agreement by the Real Estate Broker shall obligate the Real Estate Broker 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 real Estate Broker /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 ( Agreement /RealEstate — Triece -2011) 7 and Real Estate Broker, their consultants and each of their officers and employees from any and all losses, or damages arising out of the Real Estate Broker'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 Real Estate Broker, their subconsultants, or their officers and employees. 14. INSURANCE A. Real Estate Broker 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 Real Estate Broker. 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. Real Estate Broker 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 of liability 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 Real Estate Broker, 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 THOUSDAND AND NO /100 DOLLARS ($200,000.00) for damages for any one occurrence. (b) Property Damage Insurance — Real Estate Broker 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. ( Agreement /RealEstate— Triece -2011) 8 (3) Real Estate Broker 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 coverage's or limits, a notice thereof shall be given to the City by U. S. Mail to: Legal Department, P. O. Box 100, Edgewater, Florida 32132 -0100. Real Estate Broker shall also notify City, in a like manner, within twenty -four (24) hours after receipt of any notice of expiration, cancellation, non - renewal or material change in coverage received by said Real Estate Broker from its insurer and nothing contained herein shall absolve Real Estate Broker or 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. 15. REUSE OF DOCUMENTS A. Wherever and whenever applicable, all data, documents including maps furnished by Real Estate Broker 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 Real Estate Broker. Such reuse will be without need of written approval of the Real Estate Broker, however, Real Estate Broker shall not be held professionally responsible for any such reuse. City shall indemnify and hold Real Estate Broker harmless for any and all damages resulting from such reuse. ( Agreement /RealEstate— Triece -2011) 9 D. If the City elects to reuse the documents and engage the professional services of the Real Estate Broker for future work, Real Estate Broker agrees to perform said services for a mutually agreed 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. 16. 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: If to Real Estate Broker: Legal Department Steven Triece City of Edgewater The Triece Company P. O. Box 100 P.O. Box 530598 104 N. Riverside Drive DeBary, FL 32753 -0598 Edgewater, FL 32132 -0100 (386)956 -2020 (386)424 -2403 ext #1203 17. EQUAL OPPORTUNITY EMPLOYMENT Real Estate Broker 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. 18. NO CONTINGENT FEES Real Estate Broker warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the Real Estate Broker 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 Real Estate Broker, 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. 19. COMPLIANCE WITH §287.133, FLORIDA STATUTES Real Estate Broker shall, simultaneous with the execution of this Agreement, if not previously done, execute a public entity crime statement required by §287.133, Florida Statutes. ( Agreement /RealEstate — Triece -2011) 10 20. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS The Real Estate Broker 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. 21. CONFLICT OF INTEREST Real Estate Broker agrees that it will not contract for or accept employment for the performance of any work or services with any individual, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the City. 22. 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. Real Estate Broker shall not perform any professional services for the City at any time if the performance of work on behalf of the City would reasonably be considered a conflict of interest. In the event the Real Estate Broker is performing services when it determines a conflict of interest arises, it shall immediately notify the City and work to immediately resolve the conflict of interest. 23. 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. 23. 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. 24. INDEPENDENT CONTRACTOR It is hereby mutually agreed that the Real Estate Broker is and shall remain an independent contractor and not an employee of the City. ( Agreement /RealEstate— Triece -2011) 11 25. 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. 26. 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 justifiable in federal court. 27. ATTORNEY'S FEES If the City is required to institute or defend any legal proceedings in connection with this Contract, the Real Estate Broker agrees to pay the costs thereof, together with reasonable attorney's fees for the City's attorney in the event the City is the prevailing party in such legal proceedings. IN WITNESS WHEREOF, the parties have hereto caused the execution of these documents, on this day of May, 2011. WITNESSES: CITY OF EDGEWATER Tracey T. Barlow, City Manager Robin L. Matusick, Paralegal Dated: WITNESSES: THE TRIECE COMPANY Steven Triece Dated: ( Agreement /RealEstate — Triece -2011) 12 ) Ob AGENDA REQUEST Date: May 5, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS May 16, 2011 ITEM DESCRIPTION: Review and discussion of City Clerk's salary. BACKGROUND: City Council entered into an employment Agreement on February 7, 2008 with Bonnie Wenzel as City Clerk. Per Section 5, Compensation, after a probationary period of six (6) months from the effective date, the City Clerk's annual compensation was adjusted to $50,000. Ms. Wenzel attained her Certified Municipal Clerk certification on January 24, 2011. STAFF RECOMMENDATION: Staff recommends City Council to consider if a salary adjustment would bring equity among Ms. Wenzel's pay and others with comparable qualifications and responsibilities. ACTION REQUESTED: City Council to provide direction to the City Manager regarding any salary adjustment. 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O O O C)•1 0 0 - O 0) O CJt O o' O O- O c O 0' O' O' O O O O 0 0 0 0 O O O O O O 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 -a O O o -a *A *A O 0 .A *A A -A -a O - *A — *A O O -a O *A *A -a * *A *A 0 'a o EA "" 0 0 EA EA Ef) 0 0 EA El) {A EA EA 0 EA EA 4.01-6i EA 6 -64.69-6 A Ef) EA EA 0 01 0 EA 0)(0 A 0144) 0 0 (O U1 E A EA 0 E0 0 - -A A W 0 EA A EA -J o - s -a 0 0 0 -a O 0 0 c l O - 0 0 O O -a 0 - •0 0 0 0 0 0- _ CT - 0 co o 0 0 o O o 0 0 _0 0 0 0 o a bb o o 0 0 b 0 0° ° 0 0 0 0 0 0 0 0 0 0 0 0- 0 0 0 0 O- 00 0 0_ O 0 0 0 0 0 0 O O o '' 0 0 o 0 o O o o o o o 0 0 0 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 CITY OF EDGEWATER AGREEMENT FOR CITY CLERK THIS AGREEMENT made and entered into this 7th day of February, 2008, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation of the State of Florida (hereinafter "City"), and Bonnie Wenzel (hereinafter "City Clerk "). WITNESSETH: WHEREAS, Bonnie Wenzel has demonstrated through professional and educational experience and performance, the level of professional and administrative competency desired by the City in its City Clerk; and WHEREAS, the City is desirous of employing Bonnie Wenzel as its City Clerk; and WHEREAS, Bonnie Wenzel is desirous of accepting the responsibilities of the position of City Clerk for the City of Edgewater; and WHEREAS, pursuant to the Charter approved by the residents of the City of Edgewater in 1992, the City Manager, City Attorney and City Clerk comprise the administration of the City and report directly to the City Council; and WHEREAS, both parties feel it would be mutually beneficial to have a contract of employment between the City and the City Clerk setting forth their respective agreements and understanding. NOW, THEREFORE, in consideration of mutual covenants and promises set forth below, the City and the City Clerk agree as follows: AGREEMENT FOR CITY CLERK PAGE I OF 8 1. EMPLOYMENT OF CITY CLERK. The City hereby employs Bonnie Wenzel as City Clerk and hereby accepts such employment upon the terms and conditions hereinafter set forth. 2. TERMS AND CONDITIONS. A. The term of this Agreement shall commence on February 11, 2008 and shall continue until such time as the City Clerk or the City desires to terminate the Agreement. B. In compliance with the residency requirements defined by Section 4.11 of the City Charter, the City Clerk agrees to maintain residence within the City of Edgewater. C. The City shall defend, save harmless and indemnify the City Clerk against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the City Clerk's duties except where the City Clerk exceeds their scope of authority or in the case of a conviction for any crime involving moral turpitude or relating to official duties. The City will compromise and settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon. Said indemnification shall extend beyond termination of employment and the expiration of this Agreement whether the notice or filing of a lawsuit for such tort, claim, demand or other legal action occurs during or following the City Clerk's employment with the City. 3. DUTIES. The City Clerk shall perform those duties specified in Section 4.06 of the City Charter, City of Edgewater, Florida, as it may from time to time be amended, and all other applicable laws and AGREEMENT FOR CITY CLERK PAGE 2 OF 8 regulations, and such other legally permissible and proper duties as may be directed by the City Council. 4. PERFORMANCE EVALUATION. A. Annually, at the end of each fiscal year, the City Council and City Clerk shall define such goals and performance objectives for the City Clerk which they determine necessary for the proper operation of the City and in the attainment of the Council's policies and objectives, and shall further establish a relative priority among those various goals and objectives, said goals and objectives to be reduced to writing. These goals and objectives shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. B. As a result of City Council's evaluation of the City Clerk, the salary of the City Clerk may be increased, but not decreased from the prior year's salary levels, by the City Council. Any performance based increase shall become effective upon approval by the City Council. 5. COMPENSATION Effective February 11, 2008, the City Clerk shall receive initial annual compensation of $46,000, payable in installments as determined by City policy. After a probationary period of six (6) months from the effective date herein, the City Clerk shall receive annual compensation of $50,000, payable in installments as determine by City policy. 6. BENEFITS. A. Except as hereinafter provided, the City Clerk shall receive the same benefits AGREEMENT FOR CITY CLERK PAGE 3 OF 8 as all other non -union City employees, including but not limited to: paid vacation leave, sick leave, personal days, workers' compensation, retirement, life insurance, health insurance and dental insurance. All vacation leave, personal days and sick leave not taken annually may be accumulated by the City Clerk in accordance with the City's Personnel Policy and Procedures for Management Personnel. B. The City Clerk may elect to participate in the City's pension plan or in lieu of this may choose to participate in the ICMA deferred compensation plan. If the City Clerk chooses to participate in the ICMA deferred compensation plan, the city shall annually contribute on the City Clerk's behalf to the ICMA deferred compensation plan the percentage of the City Clerk's current salary equivalent to the percentage contributed by the City for those employees participating in the General Employees Defined Contribution Pension Plan. Any excess over the allowed plan maximum shall be contributed to any other IRS qualified plan. C. The City agrees to pay necessary conference fees and expensese along with dues for the City Clerk's membership in the Florida Association of City Clerks and other organizations, all as approved in the budget by the City Council where such memberships would be beneficial to the City. D. The City recognizes that the City Clerk must devote a great deal of time outside normal office hours to the business of the City and to that end the City Clerk will be allowed compensatory time off. 7. OUTSIDE EMPLOYMENT. The City Clerk recognizes and understands that the position of the City Clerk shall require AGREEMENT FOR CITY CLERK PAGE 4 OF 8 her full time attention and accordingly agrees to devote all time necessary to fully discharge her duties. The City Clerk shall refrain from accepting any engagement which would interfere in any way with the faithful performance of her services. However, nothing in this Agreement will be construed so as to prevent the City Clerk from accepting honoraria or consulting fees from educational institutions, units of local government or state agencies for lectures, articles, instructional material, consultation in the area of local governmental law which shall not be in conflict with the City Clerk's responsibilities to the City. 8. TERMINATION OF EMPLOYMENT. A. Termination of this Agreement may be made by either party, with or without cause, upon thirty (30) days written notice of the intent to terminate this Agreement. Upon termination by the City Council without cause after the expiration of the probationary period set forth in paragraph 5 above, the City Clerk shall receive the following: (1) Compensation for the balance of accrued sick, vacation, and personal leave as allowed for in the City's Personnel Policy and Procedures for Management Personnel; (2) Compensation equal to three (3) months salary; (3) Contribution to the retirement plan outlined in section 6.B. above in an amount equivalent to three (3) months; and (4) Insurance coverage for three (3) months in the manner provided for during the term of employment. B. The City shall be exempt from payment of the compensation and retirement AGREEMENT FOR CITY CLERK PAGE 5 OF 8 contribution and provision of the insurance coverage described above if any of the following conditions occur: (1) Conviction of a Felony. In the event the City Clerk's employment with the City is terminated due to a conviction of any criminal act that could result in a jail sentence of one (1) year and one (1) day or more. (2) Removal from Office by the Governor. In the event the City Clerk is removed from office by the Governor of the State of Florida, pursuant to Section 112.52, Florida Statutes, or is otherwise lawfully removed from office by either the state or federal governments. (3) Termination for cause as defined in the City's Personnel Policies and Procedures. (4) Termination during the probationary period described in paragraph 5 above. 9. SEVERABILITY. All agreements and covenants herein are severable and in the event that any of them shall be held invalid by a competent court, this Agreement shall be interpreted as if such invalid Agreements or covenants were not contained herein. 10. COMPLETE AGREEMENT IN WRITTEN DOCUMENT. This written Agreement embodies the whole Agreement between the parties and there are no inducements, promises, terms, conditions or obligations made or entered into by either the City or the City Clerk other than contained herein. This Agreement shall inure to the benefit of the City AGREEMENT FOR CITY CLERK PAGE 6 OF 8 Clerk and her heirs. 11. NOTICES. All notices or other communications 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 the City Clerk: Bonnie Wenzel City of Edgewater Post Office Box 100 Edgewater, FL 32132 -0100 If to the City: Legal Department City of Edgewater Post Office Box 100 Edgewater, FL 32132 -0100 Except as otherwise provided herein, this Agreement may not be modified or waived unless in writing and duly executed by all parties to this Agreement. IN WITNESS WHEREOF, the parties have made and entered into this Agreement on the date listed above. CITY COUNCIL OF THE CITY OF EDGEWATER, F • RIDA • 10, Dated Michae L. Thomas AGREEMENT FOR CITY CLERK PAGE 7 OF 8 Robin L. Matusick Paralegal STATE OF FLORIDA COUNTY OF VOLUSIA Before me personally appeared Michael L. Thomas, Mayor, to me well known and known to me to be the person who executed the foregoing instrument and known to me to have the authority to execute such document on behalf of the City Council of the City of Edgewater, Florida. :B!:o • �; � G /p� ��• ; �J wet *: • M arch 3 Notary Public • a `,... , 2010 . - la • 9 . 3 � 8p 9 Q50 a • . * 4 6 ,o • % 4,2 MN 5 � P • gib • • WITNESSES � i STATE 0" • � • CITY CLERK stile c),,s, A- clAiNkir ANAL' fiLQAtujJ AGREEMENT FOR CITY CLERK PAGE 8 OF 8 CITY OF EDGEWATER JOB DESCRIPTION TITLE: City Clerk DEPARTMENT: City Clerk CLASSIFICATION: Administrative Official SALARY RANGE: Contract Employee FLSA: Exempt GENERAL SUMMARY The City Charter establishes the City Clerk's position, and as a charter position of the Legislative Branch of the City government, appointed by, and reports to the City Council. The City Clerk serves the Mayor, City Council and all administrative departments, performing all "public services ". The City Clerk is the keeper of the official records of the City, and is the custodian of the City Seal. PRIMARY DUTIES AND RESPONSIBILITIES Providing administrative support to the Mayor, City Council and City Boards Manages the City Clerks Department Attending and recording all City Council meetings, responsible for follow up after meetings Maintains an accurate record of all City Council, City Boards and Committee actions Authenticates and records all ordinances and resolutions adopted by the City Council Ensures the public Posting notice of all City Council meetings and City Board meetings Oversees records management including microfiche, laser fiche, and clerks index Oversees codification of ordinances and distribution Acts as official records custodian for the City Maintains records retention storage for City documents as required by law Recording of legal documents, including contracts, liens, and satisfactions in the Public Records of Volusia County Publishes legal advertisements as required by law Provides notary public service Coordinates and handles City elections Handles public records requests Processes citizen complaints Responsible for maintaining the billing and collection of Animal Control Citations, Code Enforcement and Parking Citations as well as the Police and Fire False Alarm Program Oversees appointments to City boards and committees Provides research assistance for City departments and citizens Serving as editor of the City's newsletter, the Edgewater Shorelines Prepares, reviews and /or maintains various types of documents as required, specifically: Board/Committee Applications Purchase Orders Invoices Work Orders Time Sheets License Forms Permits Interacts with the following individuals in the performance of duties: Mayor City Council City Manager City Directors General Public Attorneys Co- workers Salespersons CITY CLERK JOB SPECIFICATIONS Education and Experience: High school diploma required Vocational/technical training in computer operations, secretarial science, and/or records management Municipal Clerk Certification Courses Significant years of related administrative experience Supervisory experience preferred Must possess a valid Florida driver's license Any equivalent combination of training and experience, which provides the required knowledge, skills, and abilities KNOWLEDGE Must have the knowledge of: City ordinances, codes, enforcement procedures and regulations as they pertain to the duties and responsibilities of the department Departmental policies and procedures Methods, practices and procedures for personnel management Principals of effective management and supervision Computer operating systems and department related programs Certification requirements for this position and for assigned personnel Equipment, machinery, tools and agents used in the performance of duties The operation, maintenance, limitations and safety precautions for all activities The records and reports, which must be prepared and maintained The layout of the City as necessary to conduct work SKILLS/EFFORT Must have the ability to: Interpret and apply ordinances, codes, procedures and regulations pertaining to the departmental responsibilities Manage multiple issues and projects Organize, prioritize and complete job tasks Maintain required licenses and /or certifications Ensure all functions within the department are performed in a safe and effective manner Use independent judgment and discretion in the performance of duties and maintain the integrity of confidential information Supervise, train, and delegate responsibilities to assigned personnel Work under a degree of stress related to duties that require significant responsibility Establish and maintain effective working relationships with all individuals involved in the activities of the department CITY CLERK Environmental Conditions: Office environment with significant exposure to computer operations Exposure to environmental conditions is limited Physical exertion in lifting/moving items weighing up to 25 pounds Occasional travel is required Occasional overnight travel is required Other physical/mental requirements may apply Supervisory/Budget Authority: Supervises Assigned Personnel Responsible for preparing and operating within departmental budget DISCLAIMER STATEMENT This job description is not intended as complete listing of job duties. The incumbent is responsible for the performance of other related duties as assigned /required. The physical demands described herein are representative of those that must be met to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable qualified individuals with disabilities to perform the essential functions. CITY CLERK JOB DESCRIPTION, CHARTER POSITION CITY CLERK DATE PERSONNEL DIRECTOR DATE CITY CLERK Certification - Florida Association of City Clerks Page 1 of 2 J Florida Association of City Clerks Promoting and developing the educational and professional status of Florida City Clerks Certification A City Clerk Certification is a designation obtained through the International Institute of Municipal Clerk (IIMC) after having achieved the required amount of education and FACC Home community involvement. The Florida Association of City Clerks provides the needed support About FACC to achieve the requirements imposed by the IIMC. FACC Membership FACC, like IIMC, encourages Municipal Clerks to continue learning and growing personally Meetings and Events and professionally. As of March 2010, out of the 584 members, FACC has 340 members who Available Programs have attained their CMC, 83 members who have attained their MMC. Mentoring Program Certification Municipal Clerks Academies FACC is an IIMC recognized avenue to achieve the designations of Certified Municipal Clerk IIMC Approval for Non- (CMC) and Master Municipal Clerk (MMC.) FACC Classes New Clerks Completion of 100 hours of approved academy training fulfills educational requirements for Clerks Assistance IIMC's Certified Municipal clerk (CMC) designation. Program Awards and Scholarships FACC obtains academy training support from Florida State University, which is sponsored by Job Center Florida Association of City Clerks, Inc. and the Florida League of Cities. The Department that conducts the Institute is The John Scott Dailey Florida Institute of Government. The Forms and Publications Staff in this Department works closely with the FACC Board, the FACC Professional Discussion Forum Education Committee and the FACC Membership to offer education. FACC Reference Library The Program Coordinator is Jeff Hendry, News and Notices Executive Director Recognitions The John Scott Dailey Florida Institute of Government IIMC 325 John Knox Road Building 300 History and Photos Tallahassee, FL 32303 Phone: (850) 487 -1870 Fax : (850) 487 -0041 What's New? E -mail: jhendry@fsu.edu Web site: ht/ /iog.fsu.edu Contact Us! FACC's Professional Education Committee (PEC) coordinates the details of tranining opportunities with Amy Brewer, Coordinator, Education & Training Programs at the Florida Institute of Government. Search Certified Municipal Clerk Program (CMC) Begun in 1969, this prestigious program assists Clerks in increasing their proficiency in areas Go I related to their work, and their professional and personal growth. The Institute designs an annual education curriculum within IIMC guidelines to address common learning needs as Full Site well as issues particular to their jurisdictions. Certification points are awarded for This Section achievements in education and professional work experience in government and business. Search Tips Master Municipal Clerk (MMC) The Master Municipal Clerk program is IIMC's post Certification continuing education program for Clerks. It offers seminars and workshop to practicing Municipal and Deputy Clerks who have achieved the CMC status with IIMC. The Recertification Program As of January 1, 2010, the Recertification Program has been eliminated. Note: In order to be recognized with an IIMC designation, the Clerk must be an active member of IIMC. More information on the Certification Process: http: / /www.floridaclerks.org/ index. asp? Type =B_ BASIC &SEC= %7BA2914B51- 697E- 47D... 2/7/2011 1oc— AGENDA REQUEST Utility Billing and Collection Date: May 16, 2011 PUBLIC HEARING RESOLUTION ORDINANCE BOARD Other APPOINTMENT CONSENT BUSINESS X ITEM DESCRIPTION: Discuss City Utility Billing and Collection processes and provide direction to staff. BACKGROUND: There are a variety of current City utility billing and collection practices or changes which can have an effect on increased bad debt and other administrative expenses. A presentation will be provided to discuss various options to be considered. No action will be taken by Council at this meeting regarding these matters but Council is requested to review such and provide direction to Staff for possible future City Council consideration and action. As noted in the City's Comprehensive Annual Financial Report (CAFR), the City utilities of water and sewer have not been fairing well in recent years. Water and sewer continue to have net operating losses after the charge for depreciation. Continued operations from this perspective have the effect of reducing the ability to replace plant and equipment in the future. STAFF RECOMMENDATION: It is recommended the City Council discuss various aspects of City utility billing and collections processes and provide direction to staff as to methods which Council should consider for future action. ACTION REQUESTED: Provide direction to staff as to City utility billing and collections processes which Council should consider for future action. FINANCIAL IMPACT: (Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES X NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: AGENDA ITEM # Resp=ctfulllubmitted k Concurrence: • // U J.rathan C. McKinney Robin L. Matusick nance Director Parale•al Tracey . Barlow City -nager •