2001-O-08
ij
t
u
u
ORDINANCE NO. 2001-0-08
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEWATER, FLORIDA, MODIFYING CHAPTER 19
(UTILITIES AND SERVICES), ARTICLE VII (WATER
CONSERV A TION STANDARDS) BY AMENDING SECTIONS
19-80 (DEFINITIONS); 19-81 (DECLARATION OF WATER
SHORTAGE); 19-82 (LEVELS OF WATER CONSERVATION
AND USE); 19-83 (BASE WATER CONSERVATION); 19-84
(GENERAL WATER USE PROVISIONS); 19-85
(EXEMPTIONS); 19-86 (VARIANCES); 19-87 (PENALTIES)
AND 19-88 THROUGH 19-95 (RESERVED); PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
ADOPTION AND CODIFICATION.
WHEREAS, Minimum Standard for Water Conservation was developed by the Edgewater
City Council in cooperation with the Volusia Water Alliance, St. Johns River Water Management
District, and the County Council.
WHEREAS, the City of Edgewater desires to support the efforts of the St. Johns River
Water Management District to promote water conservation within the City of Edgewater and the
District has adopted water conservation requirements applicable to the citizens of the City of
Edgewater.
WHEREAS, the City desires to enforce the water conservation requirements ofthe St. Johns
River Water Management District within the City's boundaries together with any additional
requirements imposed by the City of Edgewater.
WHEREAS, the St. Johns River Water Management District is developing, as part of the
Water 2020 Water Supply Plan, a cooperative effort to review and revise its water conservation rules
Struek thfClugh passages are deleted.
Underlined passages are added.
2001-0-08
1
,
<.)
-
u
based on newly available data with the assistance of the District's Water Utility Advisory Board,
which includes representatives from all public water supply utilities within V olusia County.
WHEREAS, the St. Johns River Water Management District and the City of Edgewater
desire to cooperatively monitor and collect information as to the effectiveness of the conservation
reg uirements.
WHEREAS, the City of Edgewater wishes to be consistent with the Conservation Rule
Provisions enacted by the St. Johns River Water Management District.
NOW, THEREFORE, BE IT ORDAINED by the City Council ofthe City of Edgewater,
Florida as follows:
PART A.
AMEND CHAPTER 19 (UTILITIES AND SERVICES),
ARTICLE VII (WATERCONSERV ATION STANDARDS) BY
MODIFYING SECTIONS 19-80 (DEFINITIONS); 19-81
(DECLARATION OF WATER SHORTAGE); 19-82 (LEVELS
OF WATER CONSERVATION AND USE); 19-83 (BASE
WATER CONSERVATION); 19-84 (GENERAL WATER USE
PROVISIONS); 19-85 (EXEMPTIONS); 19-86 (VARIANCES);
19-87 (PENALTIES) AND 19-88 THROUGH 19-95
(RESERVED) OF THE CODE OF ORDINANCES, CITY OF
EDGEWATER, FLORIDA.
Article VII (Water Conservation Standards) is modified to read as follows:
Sec. 19-80. Definitions.
F or the purpose ofthis article, the following terms, phrases, words and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the plural
include the singular, and the words in the singular include the plural. The word "shall" is always
mandatory and not merely directory.
Agricultural use means the use of land in horticultural, floriculture, viticulture, forestry,
Strtlc:k tllflOltlgh passages are deleted.
Underlined passages are added.
2001-0-08
2
~
o
dairy, livestock, poultry, beekeeping, pisciculture and all forms of farm products and farm
production.
Automatic system means any irrigation method or system with a timing device that controls
the periods of operation.
District means the St. Johns Water Management District.
Even numbered address means the house address, box number or rural route ending in the
numbers 0, 2, 4, 6, 8 or the letters A-M. Post office box numbers are not included.
Heating and air conditioning us~ means =F 1he use of water for heating, cooling, or fur air
conditioning.
Landscape irrigation us~ means =F 1he outside watering or sprinkling of shrubbery, trees,
lawns, grass, ground covers, plants, vines, gardens and other such flora which are planted and
established and are situated in such diverse locations as residential landscaping, recreation areas,
cemeteries, public, commercial and industrial establishments, public medians and rights-of-way.
Local government means any municipality in the county.
Low-volume hand watering means low-volume irrigation of plants or crops with one hose
attended by one person, fitted with a self-canceling or automatic shutoff nozzle.
Low-volume irrigation:- means =F 1he use of equipment and devices specially designed to
allow the volume of water delivered to be limited to a level consistent with the water requirement~
of the plant being irrigated and to allow that water to be placed with a high degree of efficiency in
the root zone of the plant. Micro-irrigation and drip-irrigation are examples of low-volume
irrigation. The terms also includes water used in mist houses and similar establishments for plant
propagation.
Low-volume pressure cleaning:- means Bte pressure cleaning by means of equipment which
is specifically designed to reduce the inflow volume as accepted by industry standards.
Manual svstem means any irrigation method or svstem that does not have a control device
that is automatically timed. Low volume hand watering is a manual system.
Mobile equioment means any public, private or commercial automobile, truck, trailer,
railroad car, camper, boat. or any other type of similar equipment. The term shall not include
sanitation or sludge vehicles or food vending or transporting vehicles.
Stfuek through passages are deleted.
Underlined passages are added.
2001-0-08
3
o
o
Municivalitv means a duly incorporated municioality in the county.
Odd numbered address means the house address. box number or rural route ending in the
numbers 1. 3. 5. 7. 9 or the letters N-Z. Post office box numbers are not included.
Reclaimed water:-- means =F the water that meets the current state department of
environmental regulation standards for reuse after flowing out of any treatment plant or works.
Reusf!7- means =F the deliberate application of reclaimed water for beneficial purpose~ and
Utlses include landscape irrigation, agricultural irrigation, aesthetic uses, ground water recharge,
industrial uses, fire protection or other useful purposes.
User-:- means A f!ny person, natural or artificial individual, firm, association, organization,
partnership, business trust, corporation, company, agent, employee or other legal entity, the United
States of America, the state, and the county, any political subdivisions, region, district, municipality,
or public agency thereof, which directly or indirectly takes the water from the water resource,
including, but not limited to, uses from private or public utility systems, uses whether or not under
consumptive use permits issued by thc St. Johns River \Vater Management District pursuant to
Chapter 40C-2. F.A.C., or uses from individual wells or pumps for domestic or individual home use
or other use. The term does not include users who use only rcclaimcd watcr for reuse treated effluent
or seawater.
V olusian Water Alliance (it VW A ") means that regional water supply cooperative organization
as created by the May 1996 interlocal agreement pursuant to the provisions of Section 163.01.
Florida Statutes. and as amended as restated.
Water conservation means a continuing effort to use only as much water as absolutely
necessary. whether for drinking. washing. flushing. irrigating or any other use. Water conservation
is awareness that our water resources are not unlimited.
Water shortagf!7- means Ble that situation as declared by the city 'Nhere when insufficient
water is IWt available to meet the needs of the users, or when conditions are such as to require
temporary reduction in total use within a particular area to protect groundwater resources from
serious harm. A water shortage usually occurs due to drought.
Wate1 Sh01 rage emergency. Thc water shortage situation as declared by the city that is so
suddcn and se'ier that normal 'Natcr shortagc procedures cannot bc implemented and arc not
sufficient to protect thc public hcalth, safety, or wclfare, or thc health of animals, fish or aquatic life,
of public water supply, or meet the needs of commercial, industrial, agricultural, recreational or othe
rcasonable uscs.
Slftlt:k IhfCltlgh passages are deleted.
Underlined passages are added.
2001-0-08
4
~
CJ
Water shortage plan7"""" means =F the St. Johns River Water Management District's Chapter
40C-21 F.A.C. Water Shortage Plan.
Sec. 19-81.
Declaration of water shortage. Levels of water conservation and water
shortaee.
(a) Thc city shall dcclare a water shortage or a v(ater shortage emergency based on
public concern and technical information such as, but not limited to, groundwater
lc{cls, 'Nell drawdo'Nn levcls and rainfall and the lc{cl of water conservation and use
as set forth in section 19 82.
(b) In the event the 81. Johns Ri'{er 'tVater Management District declares a water shortage
and implements its water shortage plan, 40C 21, LA.C., the '.vater shortage plan and
all clements of the plan become cffceti'vc and take prccedenee over the pro'(isions of
this articlc. At such time as the declared 81. Johns Ri'ver Water Management District
'.vater shortage expires, then all provisions of this article become cffeeti'{e and
enforceable.
The city. in order to provide the necessary levels of year-round water conservation and
provide for the most logical transition to a declared water shortage. water emergency or the St. Johns
River Water Management District water shortage plan. shall establish the following levels of water
conservation and use:
W Base water conservation level is only for times with no St. Johns River Water
Management restrictions for water conservation and are as follows:
ill The use of water for landscape irrigation is allowed only during the following
times: three (3) days per week from 4:00 a.m. - 8:00 a.m. and 4:00 p.m. -
8:00 p.m. (5:00 p.m. - 9:00 p.m. during daylight savings time) for manual
irrigation systems and 4:00 a.m. - 8:00 a.m. only for automatic irrigation
systems. Even numbered addresses and residences without address numbers
may water at these times on Tuesdays. Thursdays and Sundays. odd
numbered address on Mondays. Wednesday and Saturdays. On Fridays no
watering is permitted.
a. The use of water for irrigation from a reclaimed water system is
allowed in accordance with the preceding description of Base water
conservation provided appropriate signs are placed on the property to
inform the general public and district enforcement personnel of such
use. For the purpose of this paragraph. a reclaimed water system
Stru<:k thr5t1gh passages are deleted.
Underlined passages are added.
2001-0-08
5
o
o
includes systems in which the primary source is reclaimed water,
which mayor may not be supplemented by water from another source
during peak demand periods. Additional restrictions may be placed
on reclaimed water by the city as long as these restrictions are more
stringent than those of the district.
b. Irrigation on new landscape planting's are allowed any day, except
between 10:00 a.m. and 4:00 p.m., for one 30-day period, provided
irrigation is limited to the amount necessary for plant establishment.
c. Watering in of chemicals, including insecticides, pesticides,
fertilizers, fungicides, and herbicides when required by law, the
manufacturer, or best management practices, is allowed anytime
within 24 hours of application.
d. Irrigation systems may be operated anytime for maintenance and
repair purposes, not to exceed ten (10) minutes per hour per zone.
ill Excessive use of water for landscape irrigation or over watering of
landscaping is discouraged. Over spray of irrigation water onto impervious
surfaces is prohibited.
ill Mobile equipment washing shall utilize an automatic shutoff/self-cancelling
spray nozzle. Mobile equipment washing shall be on pervious surfaces
whenever feasible or at a commercial water recycling automobile wash.
ill The washing of sidewalks, walkways, driveways, parking lots, tennis courts
and all other impervious areas shall utilize an automatic shutoff/self-
cancelling spray nozzle or low volume pressure cleaning. Excessive use of
water for washing of impervious areas is discouraged. Runoff from
impervious surface washing shall be directed as much as possible toward
pervIOUS areas.
ill Filling or refilling of swimming pools, except as necessary during
construction process, repairs, or following any voluntary cessation of use of
the pool to prevent the leakage of water, and except as necessary to raise the
level of water to allow the pools skimmer to properly function, is prohibited.
The continuous refilling of swimming pools while a leak is occurring is
hereby prohibited.
(Q} Level II. Level II shortage corresponds to the St. Johns River Water Management
District's Phase II Severe Water Shortage Plan and all provisions therein as set forth
in 40C-21.631, F.A.C., in addition, the use ofwater for landscape irrigation purposes
Strtle:k through passages are deleted.
Underlined passages are added.
2001-0-08
6
o
u
by manual irrigation systems is allowed during the evening from 4:00 p.m. - 8:00
p.m. (5:00 p.m. - 9:00 p.m. during daylight savings time) on the specific days and
street addresses permitted by the S1. Johns River Water Management District in the
above-described Phase II - Severe Water Shortage Plan requirements. In the event
the said District declares a Phase II - Severe Water Shortage Plan. said District
requirement shall supercede this provision.
if} Level III. Level III shortage corresponds to the S1. Johns River Water Management
District's Phase III Extreme Water Shortage Plan and all provisions therein as set
forth in 40C-21.64L F.A.C.. In addition. the use of water for landscape irrigation
purposes by manual irrigation systems is allowed during the evening from 4:00 p.m. -
7:00 p.m. (5:00 p.m. - 8:00 p.m. during daylight savings time) on the specific days
and street addresses permitted by the S1. Johns River Water Management District in
the above-described Phase III - Extreme Water Shortage Plan requirements. In the
event the said District declares a Phase III - Extreme Water Shortage Plan. said
District requirements shall supercede this provision.
@ Level IV. Level IV Shortage corresponds to the S1. Johns River Water Management
District's Phase IV - Critical Water Shortage Plan and all provisions therein as set
forth in 40C-21.65L F.A.C.. In addition. the use of water for landscape irrigation
purposes by manual irrigation systems is allowed during the evening from 6:00 p.m. -
7:00 p.m. on the specific days and street addresses permitted by the S. Johns River
Water Management District in the above-described Phase IV - Critical Water
Shortage Plan requirements. In the event the said District declares a Phase IV -
Critical Water Shortage Plan. said District requirements shall supercede this
proVISIOn.
Sec. 19-82. Leyels of water consenation and use. General restrictions on water use.
The city, in ordcr to pro'vidc thc nccessary levcls of ycar round ',vater conservation and
provide for the most logical transition to a declared water shortage, water cmergency or the S1. Johns
River Water Management District water shortage plan, shall establish the following levcls of water
conser vation and use.
(1) Base le'vet. This level is the base watcr conscrvation and use lcvcl and provides for
the pem1anent ycar round ',(ater conservation and use provisions as sct forth in
scetion 19 83.
(2) Le'vel I. Levcl I corresponds to the S1. Johns Ri'(er Water Managcment District's
Phase I "Moderate Water Shortage Plan" and all thc provisions thercin. Lcvel I may
be declared at any time based on the established necd for additional water
Struek tlmltlgh passages are deleted.
Underlined passages are added.
2001-0-08
7
o
o
ill Excessive or unnecessary water use. Excessive. wasteful and unnecessary water use
is hereby prohibited. Excessive. wasteful and unnecessary water use includes but is
not limited to:
ill Allowing water to be dispersed without any practical purpose to the water
user. regardless of the type of water use.
ill Allowing water to be dispersed in a grossly inefficient manner. regardless of
the type of water use.
ill Allowing water to be dispersed to accomplish a purpose for which water use
is unnecessary or which can be readily accomplished through alternative
methods of significantly less water use.
(Q) Discharge of groundwater used in heating or air conditioning svstems. All
groundwater utilized in water-to-air heating and air conditioning systems must be
directed to landscape irrigation systems. groundwater iniection or ex filtration
systems. Off-site discharge from heating and air conditioning systems is prohibited.
W All automatic landscape irrigation systems shall be equipped with rain sensor
devices. within eighteen (18) months from the effective date of this article.
Sec. 19-83. Base 'i"later eonsertation and use provisions. Declaration of water shortaee.
The following base water conservation and use provisions shall be imposed by the city on
the users of water:
(1) The use of water for landscape irrigation is hereby prohibited between 7:00 a.m. and
7:00 p.m., seven (7) days a \veek. Excessive use of'v"v'ater for landscape irrigation or
Strtlek tlm,>ugh passages are deleted.
Underlined passages are added.
2001-0-08
8
o
o
oTver watering of landscape is discouraged. Over spray onto impervious surfaces is
prohibited.
(2) Noncommercial or private automobile washing shall utilize an automatic shut
ofL'sclf cancelling spray nozzle. Automobile T.vashing shall be on pervious surfaces
".vhenever feasible or at a commercial water recycling automobile wash.
(3) The T.vashing of sidewalks, walkways, driTievvays, parking lots, tennis courts and all
other impervious areas shall utilize an automatic shut oft/sclf cancelling spray nozzle
or low Tvolume pressure cleaning. ExeessiTie use ohiater for washing of impervious
areas is discouraged. Runoff from impervious surface washing shall be directed as
much as possible towards pervious areas.
(4) filling and refilling of s"Nimming pools, except necessary during the construction
process, and except as necessary to raise the levcl ofT.vater one inch above the pool's
skimmer, is prohibited.
(5) Effeeti".'e January 1, 1991, all ground'v"v'ater irrigation systems shall be lo'.v volume
irrigation systems.
(6) EffectiTve January 1, 1991, all groundwater utilized in viater to air heating and air
conditioning systems must be directed to landscape irrigation systems, groundwater
injection or exfiltration systems. Off site discharge from heating and air
conditioning systems is prohibited.
ill The city acknowledges that the groundwater resource available to its citizens is a
sole-source aquifer and is not connected to other groundwater resources. The city
deems it necessary to be able to determine water shortages based on the data
available in the city independent of data available elsewhere in the St. Johns River
Water Management District.
(Q) The city council shall declare a water shortage or a water shortage emergency based
on public concern and technical information. such as. but not limited to. well draw
down levels. groundwater levels and rainfall. and establish a specific level of water
conservation and use corresponding to a level as set forth in Section 19-81. and may
consider the level of water conservation and use recommended by the V olusian
Water Alliance.
W In the event the St. Johns River Water Management District declares a water shortage
and implements its water shortage plan. 40C-21. F.A.C.. the water shortage plan and
all elements of said plan provides for a more restrictive level of water conservation
StftH::k thretlgh passages are deleted.
Underlined passages are added.
2001-0-08
9
Sec. 19-84.
o
o
than the level in effect. At such time as the declared 8t. Johns River Water
Management District water shortage expires, then all provisions of this division
become effective and enforceable.
Ceneral ',/ater use provisioDs. Reference to certain district rules.
In addition to the base 'V'v'ater conservation and use provisions as set forth in scetion 19 83,
the excessi'vc, wasteful and unnecessary water use shall also be prohibited by the city as follo'vv's:
Excessive, wasteful and unnecessary vv'ater use includes, but is not limited to:
(1) Allowing 'V'v'ater to be dispersed viithout any practical purpose to the vv'ater user,
regardless of the type of water use;
(2) Allowing water to be dispersed in a grossly inefficient manner, regardless ofthe type
of water use; and
(3) Allowing vv'ater to be dispersed to accomplish a purpose for which water use is
unnecessary or vv'hich can be readily accomplished through alternative methods of
significantly less water use.
In the event the 8t. Johns River Water Management District adopts aPhase I Moderate Water
Shortage Plan as set forth in 40C-21.62L F.A.C, it shall prevail over anv less stringent restriction
in effect under this article.
Sec. 19-85.
(a)
(b)
(c)
(d)
Exemptions.
Nev,,' landscaping consisting of shrubbery, trees, lawns, grass, groundco'{ers, plants,
vines, gardens and other such flora which have been planted less than thirty (30) days
arc exempt from the base water conservation and use landscaping irrigation
pro'v'isions of section 19 83. IIovv"C'/er, after thirty (30) days, the pro'v'isions of this
article shall apply.
'Vater to air heating and air conditioning systems and reuse or reclaimed water
irrigation systems conforming to the provisions of this article shall be exempt from
the base ,;,vater conservation and use landscape irrigation provisions of section 19 83.
Agricultural uses arc exempt from the pro'v'isions of this article.
Watering of clay or clay typc recreational courts is exempt from the base water
conservation and use provisions.
Struck thlClUgh passages are deleted.
Underlined passages are added.
2001-0-08
10
o
o
(c) Exemption stickers of a unifDrm design and color shall be issued by the city for
'.vater to air heating and air conditioning systems and reuse or reclaimed water
systems and displayed in a conspicuous location easily vievv'ed by enforcement
personnel.
ill Exemption stickers shall be applied for and issued by the Department of
Environmental Services for water-to-air heating and air conditioning systems and
reuse or reclaimed water systems and shall be displayed in a conspicuous location
easily viewed by enforcement personnel. The exemption sticker shall be of design:
color and placement location designated by the "VW A" and such exemption sticker
shall be applicable uniformly throughout the county.
{Q) Agricultural uses are exempt from the provisions of this article, as long as they
follow the agricultural water conservation requirements of the district.
(0 Water used for construction purposes shall be exempt from the provisions of this
article.
@ Watering of clay or clay type recreational courts is exempt from the base water
conservation and use provisions.
ill Low-volume hand watering and other forms onow-volume irrigation are permitted
anytime, but avoidance of hours for high evaporation is encouraged.
Sec. 19-86. Variances.
The city council. under this section, provides for variances to the provisions ofthis division.
(a) When the city council finds that compliance with any of the requirements of this
article division would result in undue hardship for a specific user, a variance from
anyone or more such requirements may be granted by the city cngineer council 6f
the director of utilities provided the variance it is the minimum necessary to alleviate
such undue hardship for the user and to the extent such variances can be granted
without impairing the intent and purpose of this article division.
(b) All users requesting a variance from the provisions of this article division shall file
a petition for variance but must conform to the greatest possible extent to the water
use restrictions of this article division until such variance is determined to be
applicable under subsection (d) granted.
StftH:k tLrough passages are deleted.
Underlined passages are added.
2001-0-08
11
o
o
(c) A petition for variance shall be in writing and contain the following:
(1) The petitioner's name and address.
(2) The specific provision from which the petitioner is requesting a variance.
(3) A detailed statement of the facts which the petitioner believes demonstrates
that the request qualifies for variance under subsection (d).
(4) A description of the variance desired.
(5) The period oftime for which the variance is sought including the reasons and
facts in support thereof.
(6) The damage or harm resulting or which may result to the petitioner from
compliance with the provision.
(7) The steps the petitioner is taking to meet the provisions from which the
variance is sought and when compliance could be achieved.
(8) Other relevant information the petitioner believes supports his petition for
vanance.
(d) No petition for variance shall be approved unless the petitioner affirmatively
demonstrates that one or more of the following circumstances exists:
(1) The variance is essential to protect health or safety; or
(2) Compliance with the provisions from which a variance is sought will require
measures which, because oftheir extent or cost, cannot be accomplished; or
(3) Compliance with the provision from which a variance is sought will result in
substantial economic, social or health burden on the petitioner or those served
by the petitioner; or
(4) Alternative restrictions which achieve the same level of demand reduction as
the provisions are available and reflect the intent and purpose of this article
division.
Sec. 19-87. Penalties. Enforcement.
Any person violating any of the pro'v'isions of this article shall be deemed guilty of a
misdemeanor and shall be punished by fine of not less than one dollar ($1.00) nor more than fi v'e
hundred dollars ($500.00), or by imprisonment in the jail for a period of not exceeding sixty (60)
days or by both such fine and imprisonment, at the discretion ofthe judge trying the case. Each day
any such violation shall continue shall constitute a separate offense.
{ill Each police officer with the City of Edgewater. shall. in connection with his/her
duties imposed by law. diligently enforce the provisions of this article.
{Ql Designated employees of the Department of Environmental Services and Code
Stftlc:k through passages are deleted.
Underlined passages are added.
2001-0-08
12
(.)
o
Enforcement Inspectors have the duty and are hereby authorized to enforce the
provisions of this article and shall have the power to issue written warning notices,
and/or citations as set forth in the Code of Ordinances of the City of Edgewater. A
violation ofthis article shall be subiect to fines and penalties prescribed at section 19-
88 below.
ill The Department of Environmental Services is hereby authorized to discontinue
reclaimed water service to any property wherein a violation of the article continues
to exist after service of warning notice or citation as provided above. Reclaimed
water service shall not be restored until the violation is corrected and the appropriate
re-connection fee is paid.
Sec. 19-88.
Reseryed.
Penalty.
Any person, firm or corporation violating any provISIOns of this article shall. upon
conviction, be punished and shall also be responsible for reimbursing the city for attorneys fees and
all costs incurred in correcting the violation. A separate offense shall be deemed to be committed
for each day or fraction thereof during which a violation, disobedience, omission, neglect or refusal
of this article continues.
A violation of this article, except as otherwise provided, constitutes a civil infraction
punishable by a civil penalty not to exceed five hundred dollars ($500.00). Penalties for violation
of this article shall be established by resolution of the city council. If a person who has committed
the violation does not contest the citation. a civil penalty ofless than the maximum allowed will be
assessed. Any citation may be contested in county court.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
Strtlek tlll(}Ugh passages are deleted.
Underlined passages are added.
2001-0-08
13
o
Q
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 accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Licheter and Second by Councilwoman Rhodes, the vote
on first reading of this ordinance held on May 7, 2001, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
Stftle:k thltJtlgJ. passages are deleted.
Underlined passages are added.
2001-0-08
14
n
E
After Motionby 4& andSecondby u.-�, the vote onthe second reading
of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
N
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes_
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 21 day of May, 2001.
�Y
Susan J. Wadsworth
,'City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
Shnelt Okingh passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
aaNP/�
Robin L. Matusi k
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this -24
day of 971, 2001 under
Agenda Item N . fn- c
2001-0-08 15
'"'
'"'
~
-..
~
~
~
> ~ ~
Q) .- <( <Iz ~~
C)en ~ ~
'CCc. III III
wQ)co u u
(JJ (JJ ~ M \\..~
.....-;~ CIl =
01 III
o ~ Q) l- E ~~~~~
III
~C.en ...J (JJ
~E=> ~I
UO" -
U C I ~--<....-: Il) lU ~
'__Q~ / m
CO !1]'/ / ~
...J
Ja, IItlY"
\I\-~
~ ~~~~ .ok ~
~. ~~ -X"~..\"
d~0' )P--< ~ ~ x=~~ .ok
\ IJ, ( ~ ~
~ ,,7 ~~ -~
Ct,c:::::::...- ]0
i '9 ~~~C\
~ ~ ~~ ~ ~~ -m)
~~ ~ ~ ~
I ^ ..y~
~ x.,? ~P\ ~~ ~
.;..xX)C ,.... M ....
~~~;~ ,,~ 1<-\
V~ .... :'17)'>< ~ ~
r r ~~~
~ 1 ~ o:l ~I:lll )(\
l ._~~
~M ~~
~:>E N ~
~~ ~
x CD ~x...x)()(~
.... ' -x X X "
- ~ ~::c.>>
~ ~ . x )(
:;l: ~ ~ ><"<<'
0xXXX: ><
<II
(,) x ~~"X.x
c: .... N C') ''It II) CD ~ CXl en c .... N >l<~
CIl N ~ ~ ~ ~ ~ N ~ N C') '? '?
,c: I I I I
i5 c;> 9 c;> c;> c;> c;> c;> c;> c;> c;> c;> c;> ~~~
a .... .... .... .... .... .... .... .... .... .... .... ....
c c c c c c c 0 c c c c
c c c c c c c c c c c c !><~X)(XX)(
N N N N N N N N N N N N x< ~
:;l:
Q. @J~@J~~@@J@[EJ[ill[[J[ill 0x~
~ ~~ I
~ XXSQQ< I
I
en
..,
c
Q)
'- ~ E
.Q) - "
..,a.c
co Q) Q)
3= E
Q
Ul Ul
.... ....
c: c:
CIl CIl
E E
't:l 't:l
c: c:
CIl CIl
E E
:;l:
<II
(,)
c:
CIl
,c:
"E
o
~G::lcmw~@Uwu;j~w@~[ill
~
en c .... N ... ''It II) CD ~ CXl en c
....
cr '7 '7 .... .... .... '7 I '7 .... '7 N
I I I 9 I I
c;> c;> c;> c;> c;> c;> c;> c;> c;> c;> '{
.... .... .... .... .... .... .... .... .... .... .... ....
c .... c c c c c c c c c c
c c c c c c c c c c c C
N N N N N N N N N N N N
()
u 0
EXHIBIT
1
~z~
Oi
rt
<::>
<::>
<::>
...,
~
'"
<::>
~
~
~
~
~
~
~.
~
~
::t:f::
~
s:::
~
~
s:::
~
~
~
~
~
'\
0'
o
CITY OF EDGEWATER
COMPREHENSIVE PLAN MAP AMENDMENT
(Amendment #1)
I. GENERAL INFORMATION
A. Requested Future Land Use Change: ,
Froni - V olusia County - Urban Low Intensity
To - Public/Semi-Public with Conservation Overlay
B. Applicant: City of Edgewater
C. Owner: Daytona Beach Community College
PO Box 1111
Daytona Beach, FL 32115-1111,
D. Location: 940 Tenth Street. The property is located north of Park Avenue and west
of the Florida East Coast (FE C) railroad right-of-way. It is located in
Section 30, Township 17 South, Range 34 East, at the northern limits of
the City of Edge water, south of 10th Street and east of Tatum Road.
E. Acreage: 85.39 Acres
F. Existing Use of Property: The parcel is partiallY'developed as a college campus,
Daytona Beach Community College, with accessory uses.
G. Proposed Use of Property: Expansion ofth,e Daytona Beach Community College
campus.
H. Parcel Identification Number(s): 7430-00-00-0100 (85.39 Acres)
o
o
1. Adjacent Existing and Future Land Uses:
Adjacent Existing Use Adjacent Future Land Use
North Vacant (City of New Smyrna Beach) High Density Residential
East Vacant Planned Industrial Development
South Vacant (partially unincorporated Planned Industrial Development and
V olusia County) Urban Low Intensity
West Vacant and Residential Urban Low Intensity
(unincorporated Volusia County)
II. ANALYSIS
A. Background: The college campus property currently retains a Volusia County land use
designation of Urban Low Intensity. The adjacent college structure was
built in 1988. There are some accessory structures for the campus also
present.
B. Land Use Compatibility: There are no land use compatibility issues because the
proposed use of the property is to expand the pre-existing
development. The majority of the land surrounding the
campus is currently vacant. There is a large buffer between
the current college and the single-family residential land to
the west.
C. Adequate Public Facilities: The site has water and sewer infrastructure in place. There
is also adequate access from 10th Street. There is no
proposed change that would increase the LOS demand at
this time.
D. Natural Environment: The parcel is largely undeveloped, with the Daytona Beach
Community College campus occupying the northeast
portion of the site. The existing natural communities have
been previously impacted by clearing and by extreme fIre
conditions and include scrubby flatwoods, longleafi'slash
pine flatwoods, mesic flatwoods, wet prairie and mixed
forested wetlands. The flatwoods and scrubby flatwoods
communities have a low potential for, occurrence of gopher
tortoise with the longleaf and/or slash pines on this parcel
appear to be large enough to provide potential nest sites for
bald eagles. The Florida Fish and Wildlife Conservation
Commission has recorded the presence of an abandoned
nest of a bald eagle along the western boundary of this
parcel. This nest has not recorded activity since 1996 and
only limited management considerations would be required
o
()
by the FFWCC to further develop this site. The soil
suitability is classified as having medium potential for
community development.
E. Consistency with Comprehensive Plan: Expansion of this college site would be
consistent within the City's infill objectives
and further the educational objectives in the
Comprehensive Plan.
F.
Other lVIatters:
Redevelopment of the site would require conformance to the
current City of Edge water Land Development Regulations.
III. STAFF RECOMMENDATION
Staff recommends approval of the Comprehensive Plan Map Amendment of the subject site from
V olusia County Urban Low Intensity to Public/Semi-Public with a Conservation Overlay for the
following reasons:
1. The proposed future land use category would be consistent with the type of development
currently existing on the annexation parcel.
2. It is consistent with the City's Comprehensive Plan.
3. It is compatible with the surrounding mix of County and City land uses.
4. Expansion of the site would increase the educational industry in the City and create
additional jobs.
5. The level of service on 1 ad! street and the City's ability to provide additional water and
sewer capacity are adequate to accommodate additional growth in this area.
u
o
EXHIBIT A
LEGAL DESCRIPTION
LEGAL DESCRIPTION
Government Lots 4 and 5, Section 30, Township 17 South, Range 34
East, Volusia County, Florida, except that portion described in
Deed Book 576, Page 233, of the Public Records of VolusiaCounty,
Florida, as follows:
Commence at the NW corner of US Lot 5, Section 30, Township 17
. .,.
South, Range 34 East; run thence South on the West line of said Lot
5, 260.5 feet for the Point of Beginning; thence South on said West
line of Lot 5~ 1059.5 feet to the SW corner of said Lot 5; thence
East on the South line of Lot 5, 406.7 feet; thence N 21 degrees W,
1134.9' feet toth~ Point of Beginning; being part of US Lot 5,
.Section 30, Township 17 South, Range 34 East.