12-06-2004
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Voting Order
Councilwoman Lichter
Councilwoman Rhodes
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
December 6, 2004
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Special Meeting of September 27,2004
B. Regular Meeting of September 27, 2004
C. Regular Meeting of October 4, 2004
D. Regular Meeting of October 18,2004
E. Regular Meeting of November 1,2004
F. Special Meeting of November 3, 2004
G. Regular Meeting of November 15,2004
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TESIDONA TIONS
A. Recognition of appointed/reappointed Board/Committee members.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have.
Please state your name and address, and please limit your comments to five
minutes or less.
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Res. No. 2004-R-15, authorizing submission of the Volusia County ECHO
2005 Grant-In-Aid application for $83,175; City to match same amount.
B. Res. No. 2004-R-16, supporting the Water Authority of Vol usia
attempting to create a Municipal Service Taxing and Benefit Unit for
water supply.
C. 2nd Reading, Ord. No. 2004-0-39, amending Chapter 21 (Land
Development Code) by modifying Article XVII (Development/Impact
Fees) for consistency and enacting Section 21-232 (TransportationIRoad
Impact Fees) (cont. from 11/15/04, item 6B).
D. Res. No. 2004-R-13, amending schedule ofDevelopmentlImpact Fees of
the Land Development Code to include TransportationIRoad Impact Fees
(cont. from 11/15/04, item 6C).
E. 2nd Reading, Ord. No. 2004-0-31, Dan Robison, Highway 442 Partners,
LLC, agent for Vincent and Pamela Snowden, requesting annexation of
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City Council Agenda
December 6, 2004
Page -2-
6. Public Hearings, Ordinances and Resolutions Cont.
F. 2nd Reading, Ord. No. 2004-0-34, Miranda Fitzgerald, agent of Oak hill
Land, LLC; Edgewater Partners, LLC; Southeast V olusia Hospital District
and Dixie Highway, LLC, requesting annexation of 68.79-.t acres of
property located west of US1 and northwest of 4115 S. US1 (cont.
from11/1/04, item 6A).
G. 2nd Reading, Ord. No. 2004-0-40, Emestina D. Kayat requesting
annexation of 37.26-.t acres of land located west of 4100 S. US 1 and west
of Relocation Road (cont. from 11/15/04, item 6D).
H. 2nd Reading, Ord. No. 2004-0-41, Trajan Joe Sfera, Persa Sfera, Jon Sfera
and Selvie Sfera requesting annexation of 12-.t acres of land located west
of US 1 and south of Relocation Road (cont. from 11/15/04, item 6E).
1. 2nd Reading, Ord. No. 2004-0-42, Glenn Storch, authorized agent for John
and Patricia Hickey, requesting annexation of 28-.t acres of land located
west of USl and north of Clinton Cemetery Road (cont. from 11/15/04,
item 6F).
1. 2nd Reading, Ord. No. 2004-0-43, Glenn Storch, authorized agent for John
and Patricia Hickey, requesting annexation of 2.14-.t acres of land located
at 199 Clinton Cemetery Road (cont. from 11/15/04, item 6G.).
K. 2nd Reading, Ord. No. 2004-0-44, Glenn Storch, authorized agent for John
and Patricia Hickey, requesting annexation of 6.11i. acres of land located
west of USl and north of Clinton Cemetery Road (cont. from 11/15/04,
item 6H).
L. 2nd Reading, Ord. No. 2004-0-45, Daniel and Christine Herman
requesting annexation of 3.65i. acres of land located on the southwest
comer of the intersection of US 1 and south of Clinton Cemetery Road
(cont. from 11/15/04, item 6I).
M. 2nd Reading, Ord. No. 2004-0-46, Glenn Storch, authorized agent for
Belmont Homes, requesting annexation of 74-.t acres of land located west
of US1 and south of Clinton Cemetery Road (cont. from 11/15/04, item
6J).
N. 1 st Reading, Ord. No. 2004-0-47, Robert Jalbert Sr., authorized agent for
Paul Newsom III, Robert Jalbert Jr. and Asuncion Jalbert, requesting
annexation of 12.38-.t acres of land located at 2203 and 2295 Cow Creek
Road.
O. 1 st Reading, Ord. No. 2004-0-48, Robert Jalbert Sr. requesting annexation
of 1.15:t. acres ofland located at 3208 Eels Grove Road.
7. BOARD APPOINTMENTS
A. Edgewater Library Board - nomination by Councilman Brown to fill a seat
vacated by the resignation of Jeanne Foster. Nomination by
Councilwoman Rhodes to fill seat vacated by the expired term of Jean
Haughwout, who has requested reappointment.
8. CONSENT AGENDA - None at this time.
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City Council Agenda
December 6, 2004
Page -3-
9. OTHER BUSINESS
A. Timaquan Trail Drainage Improvements - staff recommending approval of
notice to award contract to IH. Merrell Construction, Inc., for
construction of Pond #3 in the ParkTowne Industrial Center for the sum of
$90,000 and reimburse Marsha Correia (On Solid Ground) $19,000 for
storm water improvements.
10. OFFICER REPORTS
A City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Notes:
1) Citizen comments relating to any agenda matter may be made at the time the matter is
before
Council. Please state your name and address, and please limit your comments to five
minutes or less.
2) All items for inclusion on the December 20,2004, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, December 13,2004.
Pursuant to Chapter 286, F.s., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to
ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, 104 N Riverside Drive, Edgewater, Florida,
telephone number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the
relay operator at 1-800-955-8771.
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AGENDA REQUEST
Date: October 27.2004
PUBLIC
HEARING
ORDINANCE
RESOLUTION X
BOARD APPOINTMENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Application for ECHO grant and Resolution approving required match
BACKGROUND:
Leisure Services continues to develop Hawks Park Recreation Complex. Phase III is almost
complete, which includes four ball fields and lighting, restroom/concession, nature trail and
amphitheater. We are applying for a grant for the roof shade structure for the amphitheater. The
amount is $166,350.00 of which one-half or $ 83,175.00 is being requested, as our required 50%
match.
STAFF RECOMMENDATION:
Motion to accept Resolution 2004-R-15 authorizing submission of the V olusia County ECHO
2005 Grant-In-Aid application.
ACTION REQUESTED:
Motion to accept Resolution 2004-R-15 authorizing submission of the V olusia Coun
2005 Grant-In-Aid application.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
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/Jack Corder
f//Department Director
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Robin Matusick
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RESOLUTION NO. 2004-R-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA, AUTHORIZING SUBMISSION OF
A VOLUSIA ECHO 2005 GRANTS-IN-AID APPLICATION TO
THE COUNTY OF VOLUSIA, ASSURING DEDICATION AND
AVAILABILITY OF THE REQUIRED 50 PERCENT
MATCHING FUNDS, AUTHORIZING THE APPROPRIATE
CITY OFFICIALS TO ENTER INTO A BINDING GRANT
AWARD AGREEMENT AND RESTRICTIVE COVENANTS;
PROVIDING FOR TRANSMITTAL OF THE ECHO GRANT
APPLICATION AND CERTIFICATION TO VOL USIA
COUNTY; REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
WHEREAS, Hawks Park, a twenty-six acre recreational complex, is located at 148 West
Turgot Avenue.
WHEREAS, the City of Edge water, purchased an additional seven acres which will connect 0
to Hawks Park and provide additional benefits to area residents, businesses and tourists.
WHEREAS, the City wishes to develop the additional seven acres, located on West Turgot
A venue and South Ridgewood Avenue.
WHEREAS, the City Council of the City of Edgewater, Volusia County, Florida, has
authorized submission of a Volusia ECHO 2005 Grants-In-Aid application to Volusia County's
Growth and Resource Management Department.
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1.
The City Council hereby authorizes submission of the V olusia ECHO 2005
Grants-In-Aid application to the County of Volusia's Growth and Resource Management
Department.
Section 2.
The project name for which the grant is requested will be known as Hawks
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2004-R-15
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Park Phase III - A.
Section 3.
Section 4.
The total cost of the project is estimated to be $166,350.
The City is requesting a grant in the amount of Eighty-three Thousand, One
Hundred Seventy-five ($83,175.00) Dollars.
Section 5.
The City has already expended $4,414,728.00 on the project. The City hereby
assures dedication and availability of additional matching funds, in the amount of$83, 175.00 within
90 days of the Grant award funding notification, which meets the required 50 percent match.
Section 6.
The City Council hereby authorizes the appropriate City Officials to enter into
a binding grant award agreement and restrictive covenants.
Section 7.
and maintain the project.
Section 8.
The City is fiscally and legally responsible to satisfactorily develop, operate
The City Council hereby designates Jack Corder, Director of Leisure Services,
to transmit a copy of this resolution, the certification and the original grant application and fourteen
copies to the County of Vol usia's Growth and Resource Management Department.
Section 9.
An official, adopted and certified resolution of the City of Edgewater, shall
be included with the application.
Section 10. All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 11. This resolution shall take effect upon adoption.
2004-R-15
2
After Motion by
the vote on this resolution was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2004-R-15
and Second by
AYE
NAY
day of November, 2005.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a Special Meeting held on the
_ day of November, 2004.
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RESOLUTION NO. 2004-R-16
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, SUPPORTING THE WATER
AUTHORITY OF VOLUSIA ATTEMPTING TO CREATE A
MUNICIPAL SERVICE TAXING AND BENEFIT UNIT FOR
WATER SUPPLY; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida has made the following
determinations:
WHEREAS, the Water Authority of V olusia has determined that creation of a municipal
service taxing and benefit unit for water supply is a preferred method for funding future water supply
projects;
WHEREAS, at the Water Authority of Vol usia Board of Directors meeting on October 20,
2004, the Board expressly provided support for the creation of a municipal service taxing and benefit
unit by the County of Vol usia;
WHEREAS, the Volusia County Council is authorized pursuant to Sections 125.01(1)(q)
and (r) Florida Statutes, to establish municipal service taxing and benefit units within all or any part
of unincorporated V olusia County;
WHEREAS, pursuant to Section 125.01 (1)( q), Florida Statutes, the boundaries of municipal
service taxing and benefit units may include all or part of the boundaries of a municipality if the
affected municipality consents by ordinance to be included therein.
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1.
Support for Creation of the V olusia Municipal Service Taxing and
Benefit Unit for Water Supply. The City of Edgewater, consistent with the support previously
'-' provided by the Water Authority of Vol usia, hereby supports the County of Vol usia in the creation
2004-R-16
1
of a municipal service taxing and benefit unit for water supply pursuant to Chapter 125, Florida
Statutes. Once created, all municipalities within the County will have the ability to opt in the
municipal service taxing and benefit unit as provided in Section 125.01(1)(q), Florida Statutes.
Section 2. All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
o
Section 3.
This resolution shall take effect upon adoption.
After Motion by
the vote on this resolution was as follows':
and Second by
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
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2004-R-16
2
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2004-R-16
day of December, 2005.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater during the Council Meeting held
on the _ day of December, 2004.
3
Water Authority.of Volusia
1190 Pelican Bay Drive
Daytona Beach, FL 32119-1381
(386) 322-5160 .
FAX (386) 322-5166
'.
Bruce A. Mowry, Ph.D., RE.
Executive Director
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October 5, 2004
WA V Board of Directors
Dear Board Member:
This a follow-up to our last WAV Board meeting helo on September 29,2004. I thought it was the
best meeting of the Board since I have served as your Executive Director.
The first question on my mind is the three cities in Volusia that are not presently members of
WAV. How aggressive should WAV try to get them to participate? If we are successful in
establishing an MSTU ~y December 31, 2004 at a level to support WAV, are the three Gities
invited to join and waive the $10,000 base fee for these cities? If we do this, we should refund all
14 of the existing members the $20,000 base fees for FY 2003/2004 and FY 2004/2005 that was
included in their assessments.
Now at what level of millage should the MSTU be established? In the WAV Interlocal Agreement
Section 2.12, it was recommended that the ad valorem taxing level be placed afO.2 mils for the
mid-term funding requirements. It also indicates that additional funding of WAV may also be
required until WAV begins to sell water. A MSBU and the unitary rate can be considered in lieu of
an assessment of the members.
o
After the shock of Carolyn Ansay's September 28th memorandum is over concerning the schedule
necessary to have taxing revenue available to WAV by November 2005, it can be done and
would set in place the necessary mid-term funding as developed by the transition team for the
WAV Interlocal Agreement. This item is scheduled to be on the WAV October 20th Regular Board
Meeting. If any oftheWAV Board "members or their managers have questions, please contact'
me before the next meeting. "
Sincerely
13~
Bruce A. Mowry, Ph.D., 8.
Executive Director
BAM: rr
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AGENDA REQUEST
C.A. NO.: 2004-180
Date:
November 30.2004
PUBLIC
HEARING 12/06/2004
RESOLUTION 12/06/2004 ORDINANCE 12/06/2004
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Ordinance #2004-0-39
Amending Chapter 21 (Land Development Code), by modifying
Article XVII (Development/Impact Fees) for consistency and
enacting. Section 21-323 (Transportation/Road Impact Fees)
Resolution #2004- R -13
Fee Schedule for Development/Impact Fees
BACKGROUND:
The City has adopted Impact Fees to fund growth driven capital improvements projects. The Impact
Fees require an annual adjustment in accordance with the CPI index to stay current with the cost of
new construction. The annual adjustment shall be effective on October 1 each fiscal year.
During the City Council meeting on November 1,2004, Council passed Ordinance #2004-0-39 at
first reading and recommended that City Staff meet with Sue Darden of the V olusia Home Builders
Association to address their concerns regarding the implementation of this Ordinance.
On November 15, 2004, Staff and Jim Shira ofB&H Consultants met with Sue Darden regarding
the Ordinance and Resolution. Issues were addressed and a letter of response was forwarded to the
City and Ms. Darden from Jim Shira (B&H) regarding her concerns. As of December 30th, the City
has received no additional response from Ms. Darden.
STAFF RECOMMENDATION:
Staff recommends approval of Ordinance #2004-0-39 and Resolution #2004-R-13.
ACTION REOUESTED:
Motion to approve Ordinance #2004-0-39 and Resolution #2004-R-13.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
11/15/2004
YES X
AGENDA ITEM NO.
Concurrence:
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Kenneth R. Hooper
City Manager
NO
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Robin L. MatuslCk ~
Legal AssitantIParalegal
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November 18, 2004
Mr. Kenneth A. Hooper
City Manager
City of Edgewater
P.O. Box 100
Edgewater, FL 32132-0100
Re: Traffic Impact Fee
Dear Mr. Hooper,
o
During our meeting with Ms. Susan Darden on Monday November 15, you asked that I
provide additional information on the derivation of the recommended traffic impact fees
for the City of Edgewater.
As we discussed, the traffic impact fee study performed by B&H for the city is based in
part, on a similar study prepared by another consultant for V olusia County. It was
decided that the Volusia County study should form the basis for Edgewater's study and
fee structure in order to limit confusion and "fee shopping" among area builders.
In order to provide the city with an effective fee structure, and provide as much relief to
the development community as possible while still maintaining the integrity of the fee
structure, B&H examined the impact fee structures of several central Florida cities and
counties. The review was focused on the trip length and trip generation rate factors used
in the calculation of the impact fee.
Based on this review, a blended trip generation rate factor was developed for each of the
land use categories in the proposed Edgewater fee structure. This blended trip generation
rate allowed us to reduce the proposed impact fee for a single family home from
$2,579.16 to $2,452.01.
Next, again using the data from several surrounding cities and counties, we examined the
trip length associated with each land use type in each of the fee structures. We reviewed
the trip length data from each fee structure as well as data contained in the Institute of
o Transportation Engineers Trip Generation Manual to derive a modified trip length for
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each land use type. This modified trip length allowed a further reduction of the single
family home impact fee to $2,409.49.
We determined that the distribution factor used in the formula for calculating the impact
fee for each category should be set at 40% based on the ratio of the lane miles of
municipal major thoroughfares identified in Edgewater's Comprehensive Plan to the total
lane miles of all major thoroughfares identified in the Comprehensive Plan. This reduced
the impact fee for a single family home to $1,826.73.
As a final modification, we proposed that the city apply a further adjustment to the trip
length data to reduce trip lengths by 25% to account for the more compact housing /
employment / shopping relationship found in a smaller city such as Edgewater compared
to the more dispersed nature of the housing / employment / shopping relationship in the
county. This final adjustment reduced the traffic impact fee for a single family home to
$1,370.00.
Copies of tabulations of trip length and trip generation rates for the cities and counties
considered during this study are enclosed as well as a tabulation of the major
thoroughfare information derived from the Edgewater Comprehensive Plan.
If you would like to discuss this further, please let me know.
Sincerely,
B&H Consultants, Inc.
f7-- C/.~
James W. Shira, P.E.
Vice President
Cc: Ms. Susan Darden, V olusia HBA
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Segment
Length
Number of
Lanes Lane Miles
1.95
FEDERAL INTERSTATE HIGHWAY SYSTEM
N/A
N/A Not Included In calculation
STATE HIGHWAY SYSTEM:
US 1
North City Limit. South City Limit
7.76
4
31.12
SR 442
US 1 - West City Limit
3.65
11.43
2
7.30 Subsequently expanded to 4 lane
38.42 State total
COUNTY HIGHWAY SYSTEM:
Air Park Rd. West Park Ave. - Indian River Blvd. 2
1.50 3.00
Park Ave. US 1 - West City Limit 1.93 2 3.66
3.43 6.86 County total
CITY STREET SYSTEM
12th SI. Mango Tree Dr. - Willow Oak Dr. 0.59 2 1.18
26th SI. Hibiscus Dr. - Sliver Palm Dr. 1.21 2 2.42
30th SI. Hibiscus Dr. - Sliver Palm Dr. 1.17 2 2.34
East Park Ave. Riverside Dr. - US 1 0.20 2 0.40 constrained
East Turgot Ave. Riverside Dr. - US 1 0.21 2 0.42 constrained
Guava Dr. Indian River Blvd. - 28th SI. 1.41 2 2.82
Hibiscus Dr. Indian River Blvd. - 30th SI. 1.64 2 3.28
Indian River Blvd. Riverside Dr. - US 1 0.15 2 0.30 constrained
0 Mango Tree Dr. West Park Ave. - 16th SI. 1.16 2 2.36
Ocean Ave. US 1 - Flagler Ave. 0.36 2 0.72
Queen Palm Dr. Indian River Blvd. - 35th SI. 2.24 2 4.48
Riverside Dr. North City Limit - US 1 3.10 2 6.20 constrained
Roberts Rd. US 1 - Hibiscus Dr. 0.55 2 1.10
Willow Oak Dr. 12th SI. - 35th SI. 3.29 2 6.58
17.30 34.60 City total
7.32 Constrained roads
27.28 City total less constrained roads
79.68 Total all roads
72.56 Total all roads less constrained roads
0.43 City % of Total roads
0.36 City % of total roads less constrained roads
(Round to 40%)
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Code Use Unit Rate
Residential
210 Single Family DU 9.55
220 Apartment DU 6.47
230 Residential Condominiuml Townhouse DU 5.86
240 Mobile Home Park DU 4.80
310 Hotel Rooms 8.70
320 Motel Rooms 10.20
620 Nursing Home Beds 2.60
Office and Financial
610 Hospital 1,000 sf
710 Office under 10,000 sf 1,000 sf 11.00
710 Office over 10,000 sf 1,000 sf
714 Corporate headquarters building 1,000 sf
720 Medical Office 1,000 sf 34.20
750 Office Park 1,000 sf 11.40
760 Research Center 1,000 sf
770 Business Park 1,000 sf
911 Bank w/out Drive-through 1,000 sf
912 Bank w/Drive-through 1,000 sf 265.20
Industrial
110 Light Industry 1,000 sf
130 Industrial-Park 1,000 sf 6.97
140 Manufacturing 1,000 sf
150 Warehouse 1,000 sf
151 Mini-Warehouse 1,000 sf
Retail
812 Building Materials and Lumber Store 1,000 sf 30.60
816 Hardware/Paint Store 1,000 sf
820 Retail, less than 10,000 sf 1,000 sf gla 0
820 Retail, 10,000 - 99,999 sf 1,000 sf gla
820 Retail, 100,000 - 1,000,000 sf 1,000 sfgla
820 Retail, Greater than 1,000,000 sf 1,000 sf gla
831 Quality Restaurant 1,000 sf 96.50
832 High-Tumover Restaurant 1,000 sf 205.40
834 Fast Food Restaurant 1,000 sf 632.10
CBD Sandwich Shop 1,000 sf
836 Bar I Lounge I Drinking Place 1,000 sf
837 Quick lube Bays
840 Auto Carel Detailing 1,000 sf
841 New and Used Car Sales 1,000 sf 47.90
847 Car Wash 1,000 sf
849 Tire Store I Auto Repair Bays
850 Supermarket 1,000 sf
851 Convenience Store 1,000 sf 738.00
853 Convenience Store w/Gas Pumps 1,000 sf
Convenience Store w/Gas and Fast Food 1,000 sf
862 Home Improvement Store 1,000 sf
881 Pharmacy/Drugstore wlDrive Through 1,000 sf
890 Furniture Store 1,000 sf 4.30
Recreational
General Recreation Parking Space
411 City Park Parking Space
412 Major Park Parking Space
416 Campground I RV park space
420 Marina slip
Major Sports Facility Parking Space
Miscellaneous
444 Movie Theater Screens 153.30
560 Church 1,000 sf
565 Day Care 1,000 sf 67.00 0
Airport Hanger 1,000 sf
Veterinary Clinic 1,000 sf
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V ITE Trip Trip % New
Code Use Unit Rate Length Trips
Residential
210 Single Family DU 8.30 8.60 100.00
220 Apartment DU
230 Residential Condominiuml Townhouse DU
240 Mobile Home Park DU 4.81 6.06 100.00
310 Hotel Rooms 8.23 8.88 66.00
320 Motel Rooms 5.63 6.06 77.00
620 Nursing Home Beds 2.61 3.67 89.00
Office and Financial
610 Hospital 1,000 sf 16.78 6.40 77.00
710 Office under 10,000 sf 1,000 sf 22.64 7.19 92.00
710 Office over 10,000 sf 1,000 sf 13.36 7.19 92.00
714 Corporate headquarters building 1,000 sf
720 Medical Office 1,000 sf 36.13 7.19 87.00
750 Office Park 1,000 sf 11.42 7.61 82.00
760 Research Center 1,000 sf 8.11 7.61 82.00
770 Business Park 1,000 sf 12.76 7.61 82.00
911 Bank w/out Drive-through 1,000 sf 156.48 3.38 55.00
912 Bank w/Drive-through 1,000 sf 232.90 3.38 55.00
Industrial
110 Light Industry 1,000 sf 6.97 11.14 92.00
130 Industrial Park 1,000 sf
140 Manufacturing 1,000 sf 3.82 11.14 92.00
150 Warehouse 1,000 sf 4.96 11.14 92.00
151 Mini-Warehouse 1,000 sf 2.50 4.37 92.00
Retail
812 Building Materials and Lumber Store 1,000 sf 30.60 8.74 74.00
816 Hardware/Paint Store 1,000 sf 51.29 8.74 74.00
820 Retail, less than 10,000 sf 1,000 sf gla 111.82 2.40 54.00
0 820 Retail, 10,000 - 99,999 sf 1,000 sf gla 62.95 ..2.68 65.00
820 Retail, 100,000 -1,000,000 sf 1,000 sf gla
820 Retail, Greater than 1,000,000 sf 1,000 sf gla 32.45 4.23 82.00
831 Quality Restaurant 1,000 sf 89.95 4.37 77.00
832 High-Turnover Restaurant 1,000 sf 130.34 4.23 72.00
834 Fast Food Restaurant 1,000 sf 496.12 2.26 59.00
CBD Sandwich Shop 1,006 sf
836 Bar I Lounge I Drinking Place 1,000 sf 130.34 4.23 72.00
837 Quick lube Bays 40.00 4.65 72.00
840 Auto Carel Detailing 1,000 sf 37.60 5.08 72.00
841 New and Used Car Sales 1,000 sf 37.50 6.63 78.00
847 Car Wash 1,000 sf 108.00 2.82 71.00
849 Tire Store I Auto Repair Bays
850 Supermarket 1,000 sf 111.51 2.96 54.00
851 Convenience Store . 1,000 sf
853 Convenience Store w/Gas Pumps 1,000 sf 845.60 2.26 29.00
Convenience Store w/Gas and Fast Food 1,000 sf 984.60 3.67 32.00
862 Home Improvement Store 1,000 sf
881 Pharmacy/Drugstore wlDrive Through 1,000 sf 88.16 2.96 54.00
890 Furniture Store 1,000 sf 5.06 8.60 54.00
Recreational
General Recreation Parking Space 2.28 6.40 90.00
411 City Park Parking Space
412 Major Park Parking Space
416 Campground I RV park space 3.90 6.06 77.00
420 Marina slip 2.96 8.04 94.00
Major Sports Facility Parking Space
Miscellaneous
444 Movie Theater Screens 153.33 3.10 87.00
560 Church 1,000 sf 9.11 5.50 90.00
565 Day Care 1,000 sf 79.26 2.82 73.00
0 Airport Hanger 1,000 sf 4.96 11.14 92.00
Veterinary Clinic 1,000 sf 32.80 2.82 70.00
1
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Tindale study
ITE Trip Trip % New 0
Code Use Unit Rate Length Trips
Residential
210 Single Family DU 7.78 6.30 100.00
220 Apartment DU 5.80 8.40 100.00
230 Residential Condominiuml Townhouse DU 6.30 5.10 100.00
240 Mobile Home Park DU 5.18 4.10 100.00
310 Hotel Rooms 10.40 6.30 66.30
320 Motel Rooms 5.63 3.90 76.60
620 Nursing Home Beds 2.90 2.60 89.00
Office and Financial
610 Hospital 1.000 sf
710 Office under 10,000 sf 1,000 sf 18.30 6.50 92.30
710 Office over 10,000 sf 1,000 sf
714 Corporate headquarters building 1,000 sf
720 Medical Office 1,000 sf 41.40 4.70 86.60
750 Office Park 1,000 sf 22.20 7.40 82.00
760 Research Center 1,000 sf
770 Business Park 1,000 sf 20.97 4.90 81.60
911 Bank w/out Drive-through 1,000 sf
912 Bank w/Drive-through 1,000 sf 452.50 2.40 57.60
Industrial
110 Light Industry 1,000 sf
130 Industrial Park 1,000 sf 10.80 8.20 92.00
140 Manufacturing 1,000 sf
150 Warehouse 1,000 sf
151 Mini-Warehouse 1,000 sf
Retail
812 Building Materials and Lumber Store 1,000 sf 30.60 6.20 74.40
816 Hardware/Paint Store 1,000 sf
820 Retail, less than 10,000 sf 1,000 sf gla 0
820 Retail, 10,000 - 99,999 sf 1,000 sf gla
820 Retail,1 00,000 - 1,000,000 sf 1,000 sf gla
820 Retail, Greater than 1,000,000 sf 1,000 sf gla
831 Quality Restaurant 1,000 sf 110.60 2.80 76.70
832 High-Tumover Restaurant 1,000 sf 137.70 2.80 72.90
834 Fast Food Restaurant 1,000 sf 570.23 2.20 58.20
CBD Sandwich Shop 1,000 sf
836 Bar I Lounge I Drinking Place 1,000 sf
837 Quick lube Bays
840 Auto Carel Detailing 1,000 sf 37.60 2.70 72.20
841 New and Used Car Sales 1,000 sf 29.40 4.60 79.00
847 Car Wash 1,000 sf
849 Tire Store I Auto Repair Bays
850 Supermarket 1,000 sf 106.30 2.10 38.00
851 Convenience Store 1,000 sf 694.30 1.50 41.30
853 Convenience Store w/Gas Pumps 1,000 sf 636.30 1.40 28.50
Convenience Store w/Gas and Fast Food 1,000 sf
862 Home Improvement Store 1,000 sf
881 Pharmacy/Drugstore w/Drive Through 1,000 sf
890 Fumiture Store 1,000 sf 4.30 6.00 54.20
Recreational
General Recreation Parking Space
411 City Park Parking Space
412 Major Park Parking Space
416 Campground I RV park space
420 Marina slip
Major Sports Facility Parking Space
Miscellaneous
444 Movie Theater Screens 88.30 2.30 86.00
560 Church 1,000 sf
565 Day Care 1,000 sf 67.00 2.20 73.20 0
Airport Hanger 1,000 sf
Veterinary Clinic 1,000 sf
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Deltona
U ITE Trip Trip % New
Code Use Unit Rate Length Trips
Residential
210 Single Family DU 9.57 3.98 100.00
220 Apartment DU 6.63 5.59 100.00
230 Residential Condominium/ Townhouse DU 5.86 3.32 100.00
240 Mobile Home Park DU 4.81 2.80 100.00
310 Hotel Rooms 8.23 4.06 66.30
320 Motel Rooms 5.63 2.80 76.60
620 Nursing Home Beds 2.61 1.69 89.00
Office and Financial
610 Hospital 1,000 sf 16.78 3.32 77.00
710 Office under 10,000 sf 1,000 sf 22.64 3.54 92.70
710 Office over 10,000 sf 1,000 sf 12.12 3.54 92.70
714 Corporate headquarters building 1,000 sf 7.72 3.54 93.00
720 Medical Office 1,000 sf 36.13 3.15 83.80
750 Office Park 1,000 sf
760 Research Center 1,000 sf
770 Business Park 1,000 sf
911 Bank w/out Drive-through 1,000 sf 156.48 1.56 32.00
912 Bank w/Drive-through 1,000 sf 265.21 1.56 45.50
Industrial
110 Light Industry 1,000 sf 6.97 3.32 91.00
130 Industrial Park 1,000 sf
140 Manufacturing 1,000 sf 3.82 3.32 92.00
150 Warehouse 1,000 sf 4.96 3.25 92.00
151 Mini-Warehouse 1,000 sf 2.50 3.25 91.00
Retail
812 Building Materials and Lumber Store 1,000 sf
816 Hardware/Paint Store 1,000 sf
820 Retail, less than 10,000 sf 1,000 sf gla 155.09 1.24 48.00
0 820 Retail, 10,000 - 99,999 sf 1,000 sf gla 68.17 1.37 64.00
820 Retail, 100,000 - 1,000,000 sf 1,000 sf gla 27.67 2.28 84.00
820 Retail, Greater than 1,000,000 sf 1,000 sf gla 25.92 2.80 88.00
831 Quality Restaurant 1,000 sf 89.95 2.02 76.60
832 High-Tumover Restaurant 1,000 sf 130.34 1.95 71.60
834 Fast Food Restaurant 1,000 sf 496.12 1.34 59.50
CBD Sandwich Shop 1,000 sf 19.30 4.26 100.00
836 Bar / Lounge / Drinking Place 1,000 sf
837 Quick lube Bays 42.54 2.20 70.70
840 Auto Care/ Detailing 1,000 sf 37.60 2.34 72.20
841 New and Used Car Sales 1,000 sf 37.50 3.06 79.00
847 Car Wash 1,000 sf
849 Tire Store / Auto Repair Bays 30.55 2.20 70.70
850 Supermarket 1,000 sf 111.51 1.69 62.00
851 Convenience Store 1,000 sf 737.99 0.98 41.00
853 Convenience Store w/Gas Pumps 1,000 sf 845.60 1.04 28.50
Convenience Store w/Gas and Fast Food 1,000 sf 918.00 1.56 33.00
862 Home Improvement Store 1,000 sf 38.13 3.25 50.00
881 Pharmacy/Drugstore w/Drive Through 1,000 sf 90.76 1.57 35.00
890 Furniture Store 1,000 sf 5.06 3.97 54.20
Recreational
General Recreation Parking Space 3.10 4.26 100.00
411 . City Park Parking Space 3.10 1.95 100.00
412 Major Park Parking Space 2.11 4.26 100.00
416 Campground / RV park space
420 Marina slip
Major Sports Facility Parking Space 2.10 3.82 100.00
Miscellaneous
444 Movie Theater Screens 109.97 1.92 76.30
560 Church 1,000 sf 9.11 2.54 90.00
565 Day Care 1,000 sf 79.26 1.30 73.20
0 Airport Hanger 1,000 sf
Veterinary Clinic 1,000 sf
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Village of Wellington 0
ITE Trip Trip % New
Code Use Unit Rate Length Trips
Residential
210 Single Family DU 9.58 6.25 100.00
220 Apartment DU 6.64 6.70 100.00
230 Residential Condominium/ Townhouse DU 5.86 4.51 100.00
240 Mobile Home Park DU 4.82 4.31 100.00
310 Hotel Rooms 8.24 6.37 100.00
320 Motel Rooms 5.64 4.26 100.00
620 Nursing Home Beds 2.60 2.64 100.00
Office and Financial
610 Hospital 1,000 sf 16.78 4.94 100.00
710 Office under 10,000 sf 1,000 sf 22.64 5.67 100.00
710 Office over 10,000 sf 1,000 sf 13.28 5.39 100.00
714 Corporate headquarters building 1,000 sf
720 Medical Office 1,000 sf 36.14 4.97 100.00
750 Office Park 1,000 sf
760 Research Center 1,000 sf
770 Business Park 1,000 sf
911 Bank w/out Drive-through 1,000 sf 156.48 2.45 30.00
912 Bank w/Drive-through 1,000 sf 265.22 2.44 54.00
Industrial
110 Light Industry 1,000 sf 6.98 6.52 100.00
130 Industrial Park 1,0.00 sf
140 Manufacturing 1,000 sf 3.82 6.52 100.00
150 Warehouse 1,000 sf
151 Mini-Warehouse 1,000 sf 2.50 4.21 100.00
Retail
812 Building Materials and Lumber Store 1,000 sf
816 Hardware/Paint Store 1,000 sf
820 Retail, less than 10,000 sf 1,000 sf gla 155.60 1.85 55.00
820 Retail, 10,000 - 99,999 sf 1,000 sf gla 0
820 Retail, 100,000 - 1,000,000 sf 1,000 sf gla
820 Retail, Greater than 1,000,000 sf 1,000 sf gla 28.22 3.78 91.00
831 Quality Restaurant 1,000 sf
832 High-Tumover Restaurant 1,000 sf 130.34 3.00 85.00
834 Fast Food Restaurant 1,000 sf
CBD Sandwich Shop 1,000 sf
836 Bar / Lounge / Drinking Place 1,000 sf
837 Quick lube Bays
840 Auto Care/ Detailing 1,000 sf
841 New and Used Car Sales 1,000 sf
847 Car Wash 1,000 sf
849 Tire Store / Auto Repair Bays
850 Supermarket 1,000 sf 111.52 2.34 49.00
851 Convenience Store 1,000 sf 738.00 1.33 55.00
853 Convenience Store w/Gas Pumps 1,000 sf
Convenience Store w/Gas and Fast Food 1,000 sf
862 Home Improvement Store 1,000 sf
881 PharmacylDrugstore w/Drive Through 1,000 sf
890 Fumiture Store 1,000 sf
Recreational
General Recreation Parking Space
411 City Park Parking Space
412 Major Park Parking Space
416 Campground / RV park space
420 Marina slip 2.96 8.04' 100.00
Major Sports Facility Parking Space
Miscellaneous
444 Movie Theater Screens
560 Church 1,000 sf
565 Day Care 1,000 sf
Airport Hanger 1,000 sf 0
Veterinary Clinic 1,000 sf
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City of Debary
C-j ITE Trip Trip % New
Code Use Unit Rate Length Trips
Residential
210 Single Family DU 10.10 5.00 100.00
220 Apartment DU 6.60 5.00 100.00
230 Residential Condominium/ Townhouse DU 5.90 5.00 100.00
240 Mobile Home Park DU 4.80 5.00 100.00
310 Hotel Rooms 9.00 6.40 71.00
320 Motel Rooms 5.60 6.40 59.00
620 Nursing Home Beds 2.60 2.80 75.00
Office and Financial
610 Hospital 1,000 sf 11.80 6.40 77.00
710 Office under 10,000 sf 1,000 sf .16.30 5.10 92.00
710 Office over 10,000 sf 1,000 sf
714 Corporate headquarters building 1,000 sf
720 Medical Office 1,000 sf 35.20 4.90 85.00
750 Office Park 1,000 sf
760 Research Center 1,000 sf 6.10 5.10 92.00
770 Business Park 1,000 sf
911 Bank w/out Drive-through 1,000 sf 144.00 1.60 30.00
912 Bank w/Drive-through 1,000 sf
Industrial
110 Light Industry 1,000 sf 7.00 5.10 92.00
130 Industrial Park 1,000 sf 7.00 5.10 92.00
140 Manufacturing 1,000 sf 3.80 5.10 92.00
150 Warehouse 1,000 sf 4.90 5.10 92.00
151 Mini-Warehouse 1,000 sf 2.60 3.10 92.00
Retail
812 Building Materials and Lumber Store 1,000 sf 39.70 1.70 61.00
816 Hardware/Paint Store 1,000 sf
820 Retail, less than 10,000 sf 1,000 sf gla
0 .820 Retail, 10,000 - 99,999 sf 1,000 sf gla 94.70 1.70 49.00
820 Retail, 100,000 - 1,000,000 sf 1,000 sf gla
,'820 Retail, Greater than 1,000,000 sf 1,000 sf gla 33.40 3.60 81.00
.831 Quality Restaurant 1,000 sf 96.80 2.50 82.00
832 High-Turnover Restaurant 1,000 sf 177.40 1.90 79.00
834 Fast Food Restaurant 1,000 sf 622.00 1.70 54.00
CBD Sandwich Shop 1,000 sf
836 Bar / Lounge / Drinking Place 1,000 sf
837 Quick lube Bays
840 Auto Care/ Detailing 1,000 sf 28.40 2.20 83.00
841 New and Used Car Sales 1,000 sf 33.40 2.40 79.00
847 Car Wash 1,000 sf 151.20 1.60 67.00
849 Tire Store / Auto Repair Bays
850 Supermarket 1,000 sf 120.70 1.70 53.00
851 Convenience Store 1,000 sf 887.10 1.50 25.00
853 Convenience Store w/Gas Pumps 1,000 sf
Convenience Store w/Gas and Fast Food 1,000 sf
862 Home Improvement Store 1,000 sf
881 Pharmacy/Drugstore w/Drive Through 1,000 sf
890 Furniture Store 1,000 sf 5.10 2.40 79.00
Recreational
General Recreation Parking Space 3.60 6.40 90.00
411 City Park Parking Space 36.50 6.40 90.00
412 Major Park Parking Space
416 Campground / RV park space
420 Marina slip 3.00 7.00 90.00
Major Sports Facility Parking Space
Miscellaneous
444 Movie Theater Screens 132.00 2.30 85.00
560 Church 1,000 sf 9.10 3.90 90.00
565 Day Care 1,000 sf 79.00 2.00 74.00
0 Airport Hanger 1,000 sf
Veterinary Clinic 1,000 sf 32.80 1.90 70.00
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Vol usia County
ITE Trip Trip % New 0
Code Use Unit Rate Length Trips
Residential
210 Single Family DU 9.57 6.12 100.00
220 Apartment DU 6.63 6.12 100.00
230 Residential Condominium/ Townhouse DU 5.86 5.10 100.00
240 Mobile Home Park DU 4.81 4.30 100.00
310 Hotel Rooms 8.23 6.25 66.30
320 Motel Rooms 5.63 4.30 76.60
620 Nursing Home Beds 2.61 2.60 89.00
Office and Financial
610 Hospital 1,000 sf 16.78 5.10 77.00
710 Office under 10,000 sf 1,000 sf 22.64 5.44 92.70
710 Office over 10,000 sf 1,000 sf 12.12 5.44 92.70
714 Corporate headquarters building 1,000 sf 7.72 5.44 93.00
720 Medical Office 1,000 sf 36.13 4.85 83.80
750 Office Park 1,000 sf
760 Research Center 1,000 sf
770 Business Park 1,000 sf
911 Bank w/out Drive-through 1,000 sf 156.48 2.40 32.00
912 Bank w/Drive-through 1,000 sf 265.21 2.40 45.50
. Industrial
110 Light Industry 1,000 sf 6.97 5.10 91.00
130 Industrial Park 1,000 sf
140 Manufacturing 1,000 sf 3.82 5.10 92.00
150 Warehouse 1,000 sf 4.96 5.00 92.00
151 Mini-Warehouse 1,000 sf 2.50 5.00 91.00
Retail
812 Building Materials and Lumber Store 1,000 sf
816 Hardware/Paint Store 1,000 sf
820 Retail, less than 10,000 sf 1,000 sf gla 155.09 1.90 48.00
820 Retail, 10,000 - 99,999 sf 1,000 sf gla 68.17 2.10 64.00 0
820 Retail, 100,000 - 1,000,000 sf 1,000 sf gla 27.67 3.50 84.00
820 Retail, Greater than 1,000,000 sf 1,000 sf gla 25.92 4.30 88.00
831 Quality Restaurant 1,000 sf 89.95 3.10 76.70
832 High-Turnover Restaurant 1,000 sf 130.34 3.00 71.60
834 Fast Food Restaurant 1,000 sf 496.12 2.06 59.50
CBD Sandwich Shop 1,000 sf 19.30 6.55 100.00
836 Bar / Lounge / Drinking Place 1,000 sf
837 Quick lube Bays 42.54 3.38 70.70
840 Auto Care/ Detailing 1,000 sf 37.60 3.60 72.20
841 New and Used Car Sales 1,000 sf 37.50 4.70 79.00
847 Car Wash 1,000 sf
849 Tire Store / Auto Repair Bays 30.55 3.38 70.70
850 Supermarket 1,000 sf 111.51 2.60 62.00
851 Convenience Store 1,000 sf 737.99 1.50 41.00
853 Convenience Store w/Gas Pumps 1,000 sf 845.60 1.60 28.50
Convenience Store w/Gas and Fast Food 1,000 sf 918.00 2.40 33.00
862 Home Improvement Store 1,000 sf 38.13 4.99 50.00
881 Pharmacy/Drugstore w/Drive Through 1,000 sf 90.76 2.41 35.00
890 Furniture Store 1,000 sf 5.06 6.10 54.20
Recreational
General Recreation Parking Space 3.10 6.55 100.00
411 City Park Parking Space 3.10 3.00 100.00
412 Major Park Parking Space 2.11 6.55 100.00
416 Campground / RV park space
420 Marina slip
Major Sports Facility Parking Space 2.10 5.87 100.00
Miscellaneous
444 Movie Theater Screens 109.97 2.96 76.30
560 Church 1,000 sf 9.11 3.90 90.00
565 Day Care 1,000 sf 79.26 2.00 73.20
Airport Hanger 1,000 sf 0
Veterinary Clinic 1,000 sf
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ORDINANCE NO. 2004-0-39
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA; AMENDING CHAPTER 21 (LAND
DEVELOPMENT CODE) BY MODIFYING ARTICLE XVII
(DEVELOPMENT/IMP ACT FEES) FOR CONSISTENCY AND
ENACTING SECTION 21-323 (TRANSPORTATION/ROAD
IMPACT FEES); PROVIDING FOR. CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FORAN EFFECTIVE DATE, ADOPTION AND
CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, in January 2004, City Council approved Ordinance #2003- 0-15 which enacted
Article XVII (Development/Impact Fees) of Chapter 21 (Land Development Code) and Resolution
#2004-R-OI which established specific fee amounts.
WHEREAS, Council determined not to enact the Transportation/Road Impact Fees until the
Transportation Impact Fee Study was completed.
WHEREAS, during the Workshop Session on September 27, 2004, Council
reviewed/discussed the Transportation Impact Fee Study and agreed to the recommendations of
B&H Consultants.
~
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water,
Florida:
PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY
MODIFYING ARTICLE XVII (DEVELOPMENT/IMP ACT
FEES) FOR CONSISTENCY AND ENACTING SECTION 21-
323 (TRANSPORT A TION/ROAD IMP ACT FEES); OF THE
CODE OF ORDINANCES, CITY OF EDGEW A TER,
FLORIDA.
StItlck tluough passages are deleted.
Underlined passages are added.
2004-0-39
-
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Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby
amended by modifYing Article XVII (Development/Impact Fees) and enacting
Section 21-323 (Transportation/Road Impact Fees) as set forth in Exhibit "A" which
is attached hereto and incorporated herein.
o
PARTB.
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.
PART D.
CODIFICATION.
o
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.
i1
PART E.
EFFECTIVE DATE.
This Ordinance shall become effective as of January 1, 2005.
StltlGk tlllOtlgh passages are deleted.
Underlined passages are added.
2004-0-39
2
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PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on November 1, 2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
The second reading/public hearing of this ordinance was held during the November 15, 2004
City Council meeting, and pursuant to a motion from Councilwoman Rhodes and second from
Councilwoman Lichter, the hearing was continued until the December 6, 2004 City Council
meeting.
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on December 6, 2004, was as
follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Shuc.k thloU~h passages are deleted.
Underlined passages are added.
2004-0-39
3
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stt tick till ongh passages are deleted.
Underlined passages are added.
2004-0-39
day of
, 2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
December, 2004 under Agenda Item No.
6
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EXHIBIT" A"
ARTICLE XVII
DEVELOPMENTnMPACTFEES
SECTION 21-310 - PEDESTRIAN SYSTEM (SIDEWALK) DEVELOPMENT FEES .......... XVII-l
SGction 21-310.01 - Intent; Purpose; Basis ........... ........................................... ........ XVII-l
Section 21-310.02 - Definitions .......................... ............. .................. .......... ............ XVII-l
Section 21-310.03 - Exemptions; Non-Exemptions; Waivers ................................. XVII-l
Section 21-310.04 - Pedestrian System Development Fee Schedule ....................... XVII-2
SECTION 21-311 - TREE PRESERV ATION/RELOCATION DEVELOPMENT FEXYII-2
21- 311.01 - Intent; Purpose ...................................................................................... XVII - 2
21-311.02 - Tree Relocation Maintenance/Monitoring Requirements .................... XVII-3
21-311.03 - Tree Relocation Bond Requirements ............... .................................... XVII-3
21-311.04 - Payment in Lieu of Tree Replacement ................................................. XVII-3
21-311.05 - Tree Replacement Account .................................................................. XVII-4
SECTION 21-320 - RECREATIONAL PARKS AND OPEN SPACE IMPACT FEES .......... XVII-4
21- 320.01 - Intent; Purpose.......... ............................................................................ XVII-4
21-320.02 - Payment required .....:.................................................................... ........ XVII-4
21- 320.03 - Assessment of fees .... .................... ............. .......................................... XVII-4
21-320.04 - Basis for imposition ................................................................... .......... XVII-5
21- 320.05 - Adjustments ........................ ...... ........ .......... ........... ... ............................ XVII-5
21-320.06 - Annual review ............................. .............. ............... ............................ XVII-5
21-320.07 - Credits .................................................................................................. XVII-5
21-320.08 - Vested rights .. ...... ...... ............ ...... ................................................... ...... XVII-6
21-320.09 - Exemptions ............... ....................................................................... ..... XVII-7
21-320.1 0 - Separate account to be kept .................................................................. XVII-7
21-320.11 - Use of funds ............. .............................. ................................... ........... XVII-7
21- 320.12 - Penalties for offenses .................................................... ........................ XVII-8
Article XVII
-1-
Rev. 10-04 (Land Development Code)
SECTION 21-321 - FIRE PROTECTION AND EMS IMPACT FEES ..................................... XVII-8
21-321.01 - Intent; Purpose ............................ ......................................... ................. XVII-8
21- 321.02 - Imposition of Fees ................................................................................ XVII-8
21- 321.03 - Fees ................................................................................................. ...... XVII-8
21-321.04 - In-Kind Contributions; Refusal of Adjustment; Covenants ................. XVII-8
21- 321.05 - Review of Fees ........ ............. ...................................... .......................... XVII-9
21- 321.06 - Trust Fund ....... ...... ............................................................................... XVII-9
21-321.07 - Collection, Administrative Fees and Use of Funds .............................. XVII-9
21-321.08 - Refund ........................... ....... ...................................... ............ ........ .... XVII-II
21- 321.09 - Credits ....................... ....... ........... ........................... ....... .............. ....... XVII-II
21- 321.10 - Exemptions ................... ...................................................................... XVII -12
21- 321.11 - Appeals ............................................................................................... XVII -12
21-321.12 - Lien! Withholding of Permits for Non-Payment ................................ XVII-13
21-321.13 - Violations; Relief ........................................................ ......... .............. XVII-13
SECTION 21-322 - POLICE IMPACT FEES ............................................................................ XVII-13
21-322.01 - Intent; Purpose ....................... ................................. ............... ............. XVII-13
21-322.02 - Imposition of Fees ........ .......... ...... ...................................................... XVII -14
21- 322.03 - Fees ..................................................................................................... XVII -14
21-322.04 - In-Kind Contributions; Refusal of Adjustment; Covenants ............... XVII-14
21-322.05 - Review of Fees ......... ............ ............................ ........................ .......... XVII-14
21-322.06 - Trust Fund .......................................................................................... XVII-IS
21-322.07 - Collection, Administrative Fees and Use of Funds ............................ XVII-IS
21-322.08 - Refund ................ ............... ...................... ................... ................. ....... XVII -16
21-322.09 - Credits ....... ................... ...... ......... ................................. .................. .... XVII-17
21- 322.10 - Exemptions ...... ............ .............. ...... ........................ .................... ....... XVII-18
21-322.11 - Appeals ............................................................................................... XVII -18
21-322.12 - Lien; Withholding of Permits for Non-Payment ................................ XVII-18
21-322.13 - Violations; Relief ................. ............................ ...................... ............ XVII -19
SECTION 21-323 - TRANSPORTATIONIROAD IMPACT FEES ......................................... XVII-19
21-323.01 - Short title: statutory authority: applicability of article ....................... XVII-19
21-323.02 - PUlJ'ose and intent .......... ................. ....... .......... ........ ................... ........ XVII-19
21- 323.03 - Definitions and rules of construction ...... .............. ............................. XVII-20
21-323.04 - Interpretation of article: enforcement: penalty ................................... XVII-24
21-323.05 - Imposition of fee .... ....... ........................................................ ............. XVII-24
21-323.05.01 - Independent calculation .......................... ............ .................... ....... XVII-27
21- 323.06 - Review of fees .......................... .......................................................... XVII-28
21-323.07 - Reserved ........................................ .......................................... ........... XVII-28
21-323.08 - Payment ........................................... ....................... ............................ XVII-28
21- 323.09 - Trust funds: use of funds ..................................... .......................... ..... XVII -29
21-323.10 - Refunds......................... ..... ................................................................. XVII-30
21-323.11 - Exemptions and credits ...................................................................... XVII-31
Article XVII
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Rev. 10-04 (Land Development Code)
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21- 323.12 - Periodic review................................................................................... XVII -32
21-323.13 - Administrative review: procedures ............. ........... ........ ............... ..... XVII-32
21-323.14 - Final administrative review: hearings ................................................ XVII-33
SECTION 21-324 -WATER SYSTEM EXTENSION ................................................. XVII-34
21- 324.01 - Intent; Purpose; Basis .............................. ........................................... XVII - 34
21-324.02 - Availability ..................... .................................................................... XVII -35
21- 324.03 - On-Site Facilities ............................ .............................................. ...... XVII-35
SECTION 21-325 - WATER CAPITAL CHARGES .................................................. XVII-35
21- 325.01 - Intent; Purpose; Basis .................... ..... ................................................ XVII -35
21-325.02 - Obligations to City.... ..... ............ ................. ....................................... XVII - 36
21-325.03 - Obligations of Developer ......... ................. .............................. ........... XVII -37
21-325.04 - Developer Agreements Required ....................................................... XVII-37
21-325.05 - Easements and Right-of-Way............................................................. XVII-37
21-325.06 - System Design; Independent Engineers; City's Engineer .................. XVII-38
21-325.07 - Meter Installation and Connection Fees ............................................. XVII-38
21-325.08 - Inspection Fees ................................................................................... XVII - 39
21-325.09 - Transfer of Contributed Property; Bills of Sale ................................. XVII-39
21-325.10 - Off-Site Facilities; Refundable Advances .......................................... XVII-40
21-325.11 - Water Capital Charge Adjustment; Escalation ................................... XVII-42
21-325.12 - Water Capital Charges for Consumers Outside City Limits .............. XVII-42
21-325.13 - Availability of Copies of Policy ......................................................... XVII-42
SECTION 21-326 - SEWER SYSTEM EXTENSION ............................................................... XVII-42
21-326.01 - Intent; Purpose; Basis ..... ........................ ............................................ XVII -42
21- 326.02 - Availability .......... ....... ........................................................................ XVII -43
21- 326.03 - Agreements With Other Municipalities ........ ..................................... XVII -43
21- 326.04 - On-Site Facilities .. ..................................... ......... ................................ XVII-43
SECTION 21-327 - SEWER CAPITAL CHARGES ............................................................. XVII-43
21- 327.01 - Intent; Purpose; Basis ......................................................................... XVII-43
21- 327.02 - Obligations of City ..................................................... ................... ..... XVII -44
21-327.03 - Obligations of Developer ................................................................... XVII -45
21-327.04 - Developer Agreements Required ....................................................... XVII-45
21-327.05 - Easements and Rights-of-Way........................................................... XVII-45
21-327.06 - System Design; Independent Engineer; City's Engineer .................... XVII-45
21-327.07 - Inspection Fees ................................................................................... XVII-46
21-327.08 - Transfer of Contributed Property; Bills of Sale ................................. XVII-46
21-327.09 - Off-Site Facilities; Refundable Advances .......................................... XVII-47
21-327.10 - Sewer Capital Charge; Adjustment; Escalation ................................. XVII-49
21-327.11 - Sewer Capital Charges for Consumers Outside City Limits .............. XVII-49
Article XVII
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Rev. 10-04 (Land Development Code)
SECTION 21-310 - PEDESTRIAN SYSTEM (SIDEWALK) DEVELOPMENT FEES
21-310.01 - Intent; Purpose; Basis
a. Pedestrian systems are located within the public right-of-way and are a component of the
City's overall transportation system. This project approach is based on the premise that all
the elements of the public right-of-way provide a community-wide, public benefit, not just
the roadway used for vehicles.
b. Pedestrian System Development Fees allow the cost of constructing new sidewalks to be
broad based and borne by new development activities. This system allows the City
flexibility to establish priorities for new sidewalk locations.
c. The City shall be responsible for construction of new sidewalks, outside of new residential
subdivisions and replacement of sidewalks on existing City streets.
d. The City shall carry out an active inspection and repair program with repairs being made on
a priority basis versus a random complaint basis.
e. The general aesthetic care of sidewalks within the City's right-of-way area IS the
responsibility of each adjacent property owner.
Section 21-310.02 - Definitions
a. New Building Construction - new building construction shall mean any structure designed
or built for the support, enclosure, shelter or protection of persons, animals or movable
property. It includes all structures used for housing, warehousing, business, commercial or
industrial purposes whether temporary or permanent.
b. Storage Sheds - shall be considered an accessory use to the principle permitted use. Sheds
shall not be misconstrued with warehouses, mini-warehouses or separate buildings used for
commercial or industrial type storage units.
c. Roadway/Streets - public or private roads falling into one of several categories as defined
in Article II of the Land Development Code and which classification is consistent with the
Comprehensive Plan.
Section 21-310.03 - Exemptions; Non-Exemptions; Waivers
a. Exemptions:
1. new residential subdivisions providing sidewalks on both sides of all streets;
2. Storage sheds.
b. Non-Exemptions:
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Established developments or other areas that may not have the necessary
pedestrian/sidewalk facilities needed, will not be exempt from development fees for
new building construction.
c. Waivers:
1. All applications for a waiver from the required sidewalk construction will be
reviewed and approved by the Technical Review Committee (TRC).
2. If the TRC grants a favorable decision for the waiver, the TRC will then make a
recommendation for the amount of compensation the owner/developer must
contribute to the Pedestrian System Development Fund.
3. Once the TRC completes their recommendation, the application will be forwarded
to the City Council for final approval.
Section 21-310.04 - Pedestrian System Development Fee Schedule
a. New Construction:
Fees shall be calculated per linear foot of property frontage. Rates may vary depending on
roadway classifications. For property located on more than one street, the property frontage
shall mean the street-addressed side/location. The Pedestrian System Development Fee Rate
Schedule shall be established by resolution of the City Council.
b.
Fee Adjustment:
All fCe.5 ~ill be revic.~cd and adju5ted annually, bMed on local consumer costs ofmateIial
and labol. All adju5tme.nt5 5hall be. e.5tabli5hed by re50lution approved of the City Council.
City Staff shall annually review all fees relating to this Section. All adiustments shall be
based on the percentage change as contained in the CPI (Consumer Price Index - All Urban
Consumers) or ENR (Engineering News Record) index as established/reported in April of
each year and shall be automatically adiusted on October 1 of each fiscal year.
SECTION 21-311- TREE PRESERVATIONIRELOCATION DEVELOPMENT FEES
21-311.01 - Intent; Purpose
The City desires to improve the appearance of the City; protect and improve property values by
protecting certain trees to aid in the stabilization of soil by the prevention of erosion and
sedimentation; reduce storm water runoff and assist with the replenishment of groundwater supplies.
Based on the requirements contained in Chapter 21 (Land Development Code), Article V (Site
Design Criteria), Sections 21-54 (Landscaping Requirements) and 21-55 (Tree Protection
Requirements), the City acknowledges that there are certain extenuating circumstances during new
construction and/or development.
Rev. 10-04 (Land Development Code)
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21-311.02 - Tree Relocation Maintenance/Monitoring Requirements
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Any person conducting tree relocation activities shall:
a. Maintain the health of a relocated tree for a period oftwo (2) years following final inspection
and approval.
b. Replace, with an equivalent cross sectional area, within sixty (60) days, a relocated tree that
dies or is determined by the City to be effectively destroyed within two (2) years of being
relocated. The two (2) year maintenance period shall begin anew whenever a tree is
replaced.
21-311.03 - Tree Relocation Bond Requirements
a.
Unless otherwise exempted by this Article, any person conducting tree relocation activities
must post a bond to insure the survival of the relocated tree designated for preservation.
Said bond shall meet the approval of the City Attorney's Office and may be in the form of
a letter of credit drawn upon banks or savings and loan institutions legally doing business
in the State of Florida, cash bonds issued by an insurance company legally doing business
in the State of Florida, or other acceptable means as approved by the City Attorney's Office.
This bond shall be in addition to any other bond that may be required by any other
governmental entity.
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b. Determination of the bond amount shall be computed pursuant to the Tree Relocation Fee
Schedule as established by resolution of the City Council.
c. Governmental entities are exempt from bond requirements.
d. Release of Bonds. Tree relocation bonds will be released upon successful tree relocation as
set forth in this Article and upon written approval by the City.
e. Drawing on Bonds. If a tree is determined by the City to be effectively destroyed within two
(2) years from the date of relocation, the bond shall be drawn upon and funds will be
deposited into the Tree Replacement Trust Fund. Said funds will be expended pursuant to
Section 21-311.05 of this Article.
21-311.04 - Payment in Lieu of Tree Replacement
If it is determined by the City that tree replacement is not feasible due to lack of available planting
space, the following applies:
a. The person conducting the tree replacement activity shall, in lieu of actual tree replacement,
pay a replacement contribution into the City Tree Replacement Trust Account.
Rev. 10-04 (Land Development Code)
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b.
The replacement contribution will be determined using a Replacement Tree Fee Schedule
as established by resolution of the City Council.
21-311.05 - Tree Replacement Account
a. Establishment. A City Tree Replacement Account is hereby established as a depository for
tree replacement fees and monies.
b. Dispersal of Assets. The funds in said account shall be expended, utilized and disbursed for
the planting of trees, and to cover any other ancillary costs including but not limited to:
landscaping, sprinkler systems and other items or materials necessary and proper for the
preservation, maintenance, relocation or restoration of tree ecosystems on any public land
within the City. These monies may also be utilized to engage support elements such as
landscape architects and additional personnel, if deemed necessary in the opinion ofthe City
Manager, following established City procedures.
c. All monies deposited for use as specified in this Section shall be deposited in an appropriate
line code as determined by the Finance Department.
SECTION 21-320 - RECREATIONAL PARKS AND OPEN SPACE IMPACT FEES
21-320.01 - Intent; Purpose
This Section is established to address the need for capital funds to support the orderly expansion of
the City's recreational parks facilities. The impact fees provide for the funding of recreational parks
facilities and improvements related thereto by imposing fees upon new construction that are
commensurate with or less than the burdens reasonably anticipated to be imposed by them.
This Section is intended to implement and be consistent with the City of Edgewater Comprehensive
Plan.
21-320.02 - Payment required
Any person who, after the effective date of this Article, seeks to develop land by applying for the
issuance of a building permit for a dwelling unit, as defined in the Land Development Code, shall
be required to pay a Recreational Parks and Open Space Impact Fee prior to the issuance of a
building permit or any other development permit for the construction of any structure to be used for
a dwelling unit.
21-320.03 - Assessment of fees
A Recreational Parks and Open Space Impact Fee in an amount as established by resolution of the
City Council will be assessed by the City and shall be collected by the City prior to issuance of a
building permit or any other development permit for the construction of any structure to be used for
Rev. 10-04 (Land Development Code)
XVII -4
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21-320.04 - Basis for imposition
The fee imposed shall be a result of the City's fee calculation studies which shall be designed to
ensure that the impact fee imposed is rationally related to the benefit received by the applicant.
21-320.05 - Adjustments
In the event that an applicant believes the impact of his /her new dwelling units will be less than that
set forth herein, the applicant may, at his/her option, submit evidence to the City in support of an
alternative recreational parks and open space impact assessment. Based upon convincing and
competent evidence, the City may adjust the impact fee as appropriate for that particular property.
21-320.06 - Annual review
City Staff shall annually lcvicw all fce5rclating to this Seetioll. Adjustments shall bc based Oll the
crl 01 ENR indcx and any adjustment (increase/decrcasc) shall bc in an amount apPloved by
rcsolution of the City Council.
City Staff shall annually review all fees relating to this Section. All adiustments shall be based on
the percentage change as contained in the CPI (Consumer Price Index - All Urban Consumers) or
ENR (Engineering News Record) index as established/reported in April of each year and shall be
automatically adiusted on October 1 of each fiscal year. 0
21-320.07 - Credits
a. An applicant shall be entitled to a credit against the recreational parks and open space impact
fee assessed pursuant to this Article in an amount equal to the cost of off-site improvements
and the cost of improvements to on-site recreational facilities which create excess capacity
for the general public or contributions to the City ofland, money or services by the applicant
or his predecessor in interest as a condition of any development agreement entered into with
the City prior to the effective date of this Article. Such credit shall be based on the
following criteria:
1. The actual cost, or estimated cost based on recent bid sheet information of the City
or County, of off-site related improvements by the applicant to the recreational
system. Off-site improvements eligible for a credit are those improvements
proposed that will benefit not only the dwelling units on-site, but also the general
public. Improvements not eligible for a credit are those recreational facilities that
are privately owned or that serve only the dwelling units within the development.
2. The actual cost or estimated cost of improvements based on recent bid sheet
information of the City or County with respect to that portion of on-site recreational
improvements which creates excess capacity for the general public.
Rev. 10-04 (Land Development Code)
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3.
The contribution of land, money or services by the applicant for off-site
improvements to the City's recreational system and for improvements to on-site
recreational facilities which create excess capacity for the general public. The credit
for land contributed will be based on a pro rata share of the appraised land value of
the parent parcel as determined by an MAl appraiser selected and paid for by the
applicant and approved by the Technical Review Committee ("TRC") or based on
such other method as may be mutually agreed upon by the applicant and the TRe.
In the event that the TRC disagrees with the appraised value, the City may select and
pay for another appraiser, and the credit shall be an amount equal to the average of
the two appraisals.
4. Unless otherwise provided in a development agreement between the City and the
applicant or his/her predecessor in interest, no credit for contributions or donations
made prior to the effective date of this Article shall be granted unless the cost of the
improvements was paid for or the contributions were made within the two years prior
to the effective date of this Article.
5. No credit shall exceed the amount of the recreational parks and open space impact
fees assessed herein.
b.
The amount of the credit shall be determined by the TRC, provided, however, that the
determination may be appealed to the City Council, whose decision shall be final and
binding on the applicant.
c. Any credit issued pursuant to this Article may be transferred by the applicant to any
successor interest in the property.
d. Except as provided herein, previous development agreements wherein voluntary recreational
parks and open space impact fees were specified and paid shall be binding as to any building
permit already issued on land subject to the development agreement.
e. Notwithstanding the criteria specified herein, if any of the development agreements provide
that credits against future recreational parks and open space impact fees enacted by the City
will be granted for specified contributions to the City of land, money or services for
improvements to the City's recreational system, such credits against the recreational parks
and open space impact fee shall be granted on the basis provided for in such agreement.
21-320.08 - Vested rights
a. It is not the intent of this Article to abrogate, diminish or modify the rights of any person that
has vested rights pursuant to a valid governmental act ofthe City. An applicant may petition
the City Council for a vested rights determination which would exempt the applicant from
the provisions of this Article. Such petition shall be evaluated by the City Attorney and a
recommendation thereon submitted to the City Council based on the following criteria:
Rev. 10-04 (Land Development Code)
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1.
Expenditures or obligations made or incurred in reliance upon an authorizing act are
reasonably equivalent to the fee required by Sections21-320.03; 21-320.04 and 21-
320.05.
b. If an applicant has previously entered into a development agreement with the City with
conditions regarding off-site recreational improvements, the applicant or his successor in
interest may request a modification of the prior development agreement in order to bring the
conditions into consistency with this Article. Any request for such modification must be
filed with the Planning Department within one year of the effective date of this Article.
21-320.09 - Exemptions
The following shall be exempt from payment of the recreational parks and open space impact fee:
a. Those dwelling units which have been issued a building permit prior to the effective date of
this Article.
b. Those dwelling units which have received a certificate of occupancy prior to the effective
date of this Article.
c. Additions or expansions to single-family residences.
21-320.10 - Separate account to be kept
The recreational parks and open space impact fees collected by the City pursuant to this Article shall
be kept separate from other revenue of the City. Funds withdrawn from this account must be used
solely in accordance with the provisions of this Article. The disbursal of funds shall require the
approval of the City Council.
21-320.11- Use of funds
a. The funds collected by reason of establishment of the recreational parks and open space
impact fee in accordance with this Article shall be used solely for the purpose of planning,
acquisition, expansion and development of off-site improvements to the City's recreational
system determined to be needed to offset the impacts of new development within the City.
Off-site improvements are improvements to recreational parks which are not on the property
upon which dwelling units will be constructed.
b. All funds shall be used in a manner consistent with the principles set forth in Florida Statutes
and case law and otherwise consistent with all requirements of the Constitutions of the
United States and the State of Florida. Said funds shall not be used to maintain or repair
existing recreational facilities.
c. Any funds on deposit not immediately necessary for expenditure shall be invested in interest
Rev. 10-04 (Land Development Code)
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bearing accounts. All income derived shall be deposited in the Recreational Park and Open
Space Impact Fee Account. Applicants shall not receive credit for or be entitled to interest
from the investment of funds.
21-320.12 - Penalties for offenses
Violations of this Article shall constitute a misdemeanor enforceable in accordance with the City
Code or by an injunction or other legal or equitable relief in Circuit Court against any person
violating this Article, or by both civil injunctive and criminal relief.
SECTION 21-321- FIRE PROTECTION AND EMS IMPACT FEES
21-321.01 - Intent; Purpose
a. This Section is intended to implement and be consistent with the City of Edgewater's
Comprehensive Plan.
b. The purpose of this Section is to ensure that the new development pays a fair share of the
anticipated costs of equipment and facilities necessary to provide fire protection for new
development.
21-321.02 - Imposition of Fees
a.
Any person who, after the effective date of this Article, seeks to develop land by applying
for the issuance of a building permit for one of the land use types specified herein shall be
required to pay the Fire Protection and Emergency Medical Services (EMS) Impact Fee prior
to the issuance of a building permit or any other development permit.
b. When a change of use, redevelopment, or modification of an existing use requires the
issuance of a building permit, the impact fees shall be based upon the net increase in the
impact fee for the new use as compared to the previous use.
21-321.03 - Fees
The amount of Fire Protection and EMS Impact Fees imposed under this Section shall be as
established by resolution of the City Council.
21-321.04 - In-Kind Contributions; Refusal of Adjustment; Covenants
a. Independent calculations for credits for in-kind contributions made after the effective date
of this Article shall be submitted to and approved by the City Manager prior to effecting the
contribution.
b. The City Manager's action in adjusting or refusing to adjust the impact fee pursuant to an
independent calculation shall be in writing and must be transmitted by certified mail to the
Rev. 10-04 (Land Development Code)
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fee payer.
c.
The City Manager shall require that a covenant running with the land be executed and
recorded on the subject property where: the independent calculation is based on a use ofland
having a lesser impact than that upon which the schedule is based, as applicable; the property
could be put to a use having a greater impact than that proposed with such use not requiring
future approval by the City; or for such other reasons necessary to ensure compliance with
this Article. The covenant shall hold the fee simple interest in the land and mortgage as
appropriate. The covenant shall recite this Article and the facts and reasons underlying its
execution. It shall set forth the restrictions on the property and the terms and conditions
under which it may be released.
21-321.05 - Review of Fees
a. Cit, Staffshall annuall, leview all f-ceslclating to this Section. Adjustments shall be. base.d
on the CrI 01 ENR index and an}' adjustment (iUGlca5G/dcClc.asc) shall be in an amount
applovc.d b, lesolution ofthc City Coundl.
City Staff shall annuallv review all fees relating to this Section. All adiustments shall be
based on the percentage change as contained in the CPI (Consumer Price Index - All Urban
Consumers) or ENR (Engineering News Record) index as established/reported in April of
each year and shall be automatically adiusted on October 1 of each fiscal year.
b.
Each review shall include an analysis of the level of service for each impact fee. If the
average level of service is not consistent with the level of service upon which the respective
impact fee amount is based, the amount shall be adjusted based upon the then-existing level
of service.
21-321.06 - Trust Fund
The Fire/EMS Impact Fee shall be deposited in a Fire/EMS Impact Fee Trust Fund. The
trust fund shall be invested by the City in interest bearing sources and all income derived shall
accrue to the trust fund. The funds shall be used only for capital improvement costs for which the
impact fee was levied and which would add capacity needed to serve new development. The City
Manager shall identify in the City's annual budget the designated capital improvements for which
the Fire/EMS impact fees will be spent. The funds shall remain restricted to the Fire/EMS trust fund
and the requirements ofthis Section. The City Manager shall ensure that these designated funds are
expended and accounted for in accordance with the provisions of this Section. The City shall
maintain such records and documentation necessary to allow the effective audit of the use of the
Fire/EMS impact fees.
21-321.07 - Collection, Administrative Fees and Use of Funds
a. The fee payer shall pay the Fire/EMS impact fee to the City for deposit into the Fire/EMS
impact fee trust fund prior to the issuance of a building permit which may be required for
Rev. 10-04 (Land Development Code)
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development listed in the schedule contained in Section 21-321.03. No building permit may
be issued until such fees have been paid or until the City has accepted title to land area
meeting the standards set out in this Article. For land uses not requiring a building permit,
an alternative development order shall not be granted until the impact fees have been paid.
b.
In lieu of all or part of the impact fees, City Council may accept the offer by a fee payer to
dedicate land and/or construct all or part of a Fire/EMS project. Such construction must be
in accordance with state, county and city design standards applicable to the project. The fee
payer shall submit a project description in sufficient detail to allow the preparation of an
engineering and construction cost estimate.
c.
If the City Council accepts such offer, the City Manager shall credit the cost of this
construction against the Fire/EMS impact fee otherwise due. The portion of the fee
represented by the facilities construction shall be deemed paid when the construction is
completed and accepted by the City or when the fee payer posts security as provided in
subsection (d) of this Section for the costs of such construction. The portion of the fee
represented by land dedication shall be deemed paid when the title to the land dedicated for
that purpose has been accepted by the City.
d.
Security in the form of a performance bond or escrow agreement shall be posted with and
made payable to the City in an amount approved by the City Manager equal to one hundred
ten percent (110%) of the full cost of such construction. If construction of the project is not
to be completed within one year of the acceptance of the offer by the City, the amount of
security shall be increased by ten percent (10%) compounded, for each year of the life of the
security. The security shall be reviewed and approved by the City Manager's office prior
to acceptance of the security by City Council.
e. No impact fee is required for the issuance of any building permit for residential use which
does not result in an additional living unit.
f. All funds collected pursuant to this Section shall be promptly transferred for deposits into
the Fire/EMS trust fund. Impact fee collections shall be used exclusively for land
acquisition, capital improvements, purchases or expansion related to the public purpose for
which such fees were collected, with the exception of impact fee administrative costs
pursuant to paragraph (g) below. Funds shall be expended in the order in which they are
collected.
g. The City shall be entitled to retain up to four percent (4%) of the impact fees collected as an
administrative fee to offset the costs of administering this Section.
h. If any impact fees that are paid by check, draft or other negotiable instrument, do not clear;
the building permit or development order authorizing the development for which the impact
fee was paid shall be suspended and the City shall send the appropriate suspension notice
to the fee payer by certified mail. If the impact fee, together with any charges for funds not
clearing, are not paid within ten (10) business days following mailing of the notice, the
Rev. 10-04 (Land Development Code)
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building permit or development order shall be of no further force and effect for purposes of
this article and a stop work order shall be issued and remain in effect until such time as the 0
impact fee is paid and the funds clear.
21-321.08 - Refund
a. If a building permit expires and no construction has been commenced, the fee payer shall
be entitled to a refund of the impact fee paid as a condition for its issuance, less the four
percent (4%) of the fee retained as an administrative fee by the City, therefore, the fee payer
shall be entitled to a refund equal to ninety-six (96%) of the impact fee paid. No interest will
be paid to the fee payer on refunds due to non-commencement. Refunds resulting from
City's miscalculation shall not be charged the administrative fee on the amount refunded.
b. No refund shall be given for a change in land use or structure after occupancy has occurred.
c. Any funds not expended or encumbered by the end of the calendar quarter immediately
following six (6) years from the date the impact fee was paid shall, upon application of the
fee payer within one hundred eighty (180) days of that date, be returned to the fee payer with
interest at the rate of six percent (6%) per annum.
21-321.09 - Credits
a.
An applicant shall be entitled to a credit against the Fire Protection and EMS Impact Fees
assessed pursuant to this Section in an amount equal to the cost of improvements which
create excess capacity for the general public or contributions to the city of land, money,
facilities, equipment or services by the applicant or his predecessor in interest as a condition
of any development agreement entered into with the City. Such credit shall be based on the
following criteria:
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1. The actual cost, or estimated cost based on recent bid sheet information of the City
of Edgewater or V olusia County, of off-site improvements. Improvements eligible
for a credit are those improvements proposed that will benefit not only the dwellings
on-site, but also the general public. Improvements not eligible for a credit are those
facilities that are privately owned or that serve only the dwellings within the
development.
2. The actual cost or estimated cost of improvements based on recent bid sheet
information of the City of Edgewater or Volusia County with respect to that portion
of on-site improvements which creates excess capacity for the general public.
. 3. The contribution of land, money, facilities, equipment or services by the applicant
for improvements to the City's Fire/Rescue Department which creates excess
capacity for the general public. Services must relate directly to the provision of land,
facilities or equipment. The credit for land contributed will be based on a pro rata
share of the appraised land value of the parent parcel as determined by an MAl
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appraiser selected and paid for by the applicant and approved by the City Manager
or based on such other method as may be mutually agreed upon by the applicant and
the City Manager. In the event that the City disagrees with the appraised value, the
City may select and pay for another appraiser, and the credit shall be an amount
equal to the average of the two (2) appraisals.
4.
Unless otherwise provided in a development agreement between the City and the
applicant or his predecessor in interest, no credit for contributions or donation made
prior to the effective date of this Article shall be granted unless the cost of the
improvements were paid for or the contributions were made within the two (2) years
prior to this Article.
5.
No credit shall exceed the amount of the fire impact fee assessed under Section 21-
321.03 of this Article.
6.
No credit shall be allowed for the over-sizing of water lines, widening of roads or
other improvements with only an indirect benefit for fire protection.
b. The amount of the credit shall be determined by the City Manager; provided, however, that
the determination may be appealed to the City Council, whose decision shall be final and
binding on the applicant.
c.
Any credit issued pursuant to this Section may be transferred by the applicant to any
successor in interest in the property.
21-321.10 - Exemptions
The following shall be exempt from payment of the Fire Protection and EMS Impact Fee:
a. Those residential or nonresidential dwellings which have been issued a building permit or
certificate of occupancy prior to the effective date of this Article.
b. Additions to or expansions of single-family dwellings that do not create an additional living
unit.
c. The replacement of a building, mobile home, or structure that was in place on the effective
date of this Article or the replacement of a building, mobile home or structure that was
constructed subsequent thereto. and for which the correct impact fee had been paid or
otherwise provided for, with a new building, mobile home, or structure of the same use,
provided that no additional impact fee will be produced over and above that produced by the
original use of the land.
21-321.11 - Appeals
Any decision made by the City Manager or his designee in the course of administering this
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Article may be appealed in accordance with those procedures set forth in this Code for appeals of 0
administrative decisions.
21-321.12 - Lien/ Withholding of Permits for Non-Payment
a. If through error, omission, or intent that the impact fee imposed under this Article is not paid
in full, the amount unpaid, together with statutory interest accruing from thirty (30) days
following the date written notice by certified mail, return receipt requested is sent to the
then-present owner, shall be a lien against the property on which the specific development
from which the impact fee is due. Notice of the lien shall be recorded in the official records
of the Clerk of the Circuit Court, in and for the County of V olusia. The lien shall have
priority over all liens, mortgages, and encumbrances, except taxes. If the notice of lien is
not recorded within three (3) years following the date the building permit is issued for the
development for which the impact fee is owed, the lien shall be of no force and effect. If this
shall occur, the amount of the impact fee is due and payable to the City of Edgewater. If
the lien remains unpaid for more than thirty (30) days following recording, it may be
foreclosed in the manner provided by law for foreclosures of mortgages on real property.
b. If the impact fee remains unpaid, no further building permits of any type shall be issued on
the property for which the impact fee remains unpaid. Building permits, including
certificates of occupancy and/or occupancy permits may be issued only upon full payment
of any previously owed impact fee, together with any interest owing, and current impact fee,
if any.
21-321.13 - Violations; Relief
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administration of this Article shall constitute a violation thereof. Violation of this Article shall
constitute a misdemeanor enforceable in accordance with the City Code or by an injunction or other
legal or equitable relief in the Circuit Court against any person violating this Article, or both civil
injunctive and criminal relief.
SECTION 21-322 - POLICE IMPACT FEES
21-322.01 - Intent; Purpose
a. This Section is intended to implement and be consistent with the City of Edgewater's
Comprehensive Plan.
b. The purpose of this Section is to ensure that new development pays a fair share of the
anticipated costs of equipment and facilities necessary to provide police protection for new
development.
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21-322.02 - Imposition of Fees
a.
Any person who seeks, after its effective date of this Article, to develop land by applying for
the issuance of a building permit for one of the land use types specified herein shall be
required to pay the Police Impact Fee prior to the issuance of a building permit or any other
development permit in the manner and amount set forth in this Section.
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b. When change of use, redevelopment, or modification of an existing use requires the issuance
of a building permit, the impact fees shall be based upon the net increase in the impact fee
for the new use as compared to the previous use.
21-322.03 - Fees
The amount of the Police Impact Fee imposed under this Section shall be as established by
resolution of the City Council.
21-322.04 - In-Kind Contributions; Refusal of Adjustment; Covenants
a. Independent calculations for credits for in-kind contributions made after the effective date
of this Article shall be submitted to and approved by the City Manager prior to effecting the
contribution.
b.
The City Manager's action in adjusting or refusing to adjust the impact fee pursuant to an
independent calculation shall be in writing and must be transmitted by certified mail to the
fee payer.
c. The City Manager shall require that a covenant running with the land be executed and
recorded on the subject property where: the independent calculation is based on a use ofland
having a lesser impact than that upon which the schedule is based, as applicable; the property
could be put to a use having a greater impact than that proposed with such use not requiring
future approval by the City; or for such other reasons necessary to ensure compliance with
this Article. The covenant shall hold the fee simple interest in the land and mortgage as
appropriate. The covenant shall recite this Article and the facts and reasons underlying its
execution. It shall set forth the restrictions on the property and the terms and conditions
under which it may be released.
21-322.05 - Review of Fees
a. City Staff shall annually ICv ic. w all fees 1 elating to this Section. AdjustnKnts shall be based
on the. CPI 01 UNR index and any adjustmwt (il1Gleasc./dcc.leasc.) shall bc in an amount
apploved by IGsolution ofthG City Council.
City Staff shall annually review all fees relating to this Section. All adiustments shall be
Rev. 10-04 (Land Development Code)
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based on the percentage change as contained in the CPI (Consumer Price Index - All Urban
Consumers) or ENR (Engineering News Record) index as established/reported in April of 0
each year and shall be automatically adiusted on October I of each fiscal year.
b. Each review shall include an analysis of the level of service for each impact fee. If the
average level of service is not consistent with the level of service upon which the respective
impact fee amount is based, the amount shall be adjusted based upon the then-existing level
of service.
21-322.06 - Trust Fund
The Police Impact Fee shall be deposited in a Police Impact Fee Trust Fund. The trust fund
shall be invested by the City in interest bearing sources and all income derived shall accrue to the
trust fund. The funds shall be used only for capital improvement costs for which the impact fee was
levied and which would add capacity needed to serve new development. The City Manager shall
identify in the City's annual budget the designated capital improvements for which the Police impact
fee will be spent. The funds shall remain restricted to the Police trust fund and the requirements of
this Section. The City Manager shall ensure that these designated funds are expended and accounted
for in accordance with the provisions of this Section. The City shall maintain such records and
documentation necessary to allow the effective audit of the use of the Police Impact fees.
21-322.07 - Collection, Administrative Fees and Use of Funds
a.
The fee payer shall pay the Police Impact Fee to the City for deposit into the Police Impact
Fee trust fund prior to the issuance of a building permit which may be required for
development listed in the schedule contained in Section 21-322.03. No building permit may
be issued until such fees have been paid or until the City has accepted title to land area
meeting the standards set out in this Article. For land uses not requiring a building permit,
an alternative development order shall not be granted until the impact fees have been paid.
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b. In lieu of all or part of the impact fees, City Council may accept the offer by a fee payer to
dedicate land and/or construct all or part of a Law Enforcement project. Such construction
must be in accordance with state, county and city design standards applicable to the project.
The fee payer shall submit a project description in sufficient detail to allow the preparation
of an engineering and construction cost estimate.
c. If the City Council accepts such offer, the City Manager shall credit the cost of this
construction against the Police impact fee otherwise due. The portion of the fee represented
by the facilities constructed shall be deemed paid when the construction is completed and
accepted by the City or when the fee payer posts security as provided in subsection (d) of
this Section for the costs of such construction. The portion of the fee represented by land
dedication shall be deemed paid when the title to the land dedicated for that purpose has
been accepted by the City.
d. Security in the form of a performance bond or escrow agreement shall be posted with and
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made payable to the City in an amount approved by the City Manager equal to one hundred
ten percent (110%) of the full cost of such construction. If construction of the project is not
to be completed within one year of the acceptance of the offer by the City, the amount of
security shall be increased by ten percent (10%) compounded, for each year of the life of the
security. The security shall be reviewed and approved by the City Manager's office prior
to acceptance of the security by City Council.
e.
No impact fee is required for the issuance of any building permit for residential use which
does not result in an additional living unit.
f.
All funds collected pursuant to this Section shall be promptly transferred for deposits into
the Police trust fund. Impact fee collections shall be used exclusively for land acquisition,
capital improvements, purchases or expansion related to the public purpose for which such
fees were collected, with the exception of impact fee administrative costs pursuant to
paragraph (g) below. Funds shall be expended in the order in which they are collected.
g.
The City shall be entitled to retain up to four percent (4%) of the impact fees collected as an
administrative fee to offset the costs of administering this Section.
h.
Any impact fees that are paid by check, draft or other negotiable instrument, that do not
clear; the building permit or development order authorizing the development for which the
impact fee was paid shall be suspended and the City shall send the appropriate suspension
notice to the fee payer by certified mail. If the impact fee, together with any charges for
funds not clearing, are not paid within ten (10) business days following mailing of the notice,
the building permit or development order shall be of no further force and effect for purposes
of this Article and a stop work order shall be issued and remain in effect until such time as
the impact fee is paid and the funds clear.
21-322.08 - Refund
a. If a building permit expires and no construction has been commenced, the fee payer shall
be entitled to a refund of the impact fee paid as a condition for its issuance, less the four
percent (4%) of the fee retained as an administrative fee by the City, therefore, the fee payer
shall be entitled to a refund equal to ninety-six percent (96%) of the impact fee paid. No
interest will be paid to the fee payer on refunds due to non-commencement. Refunds
resulting from City's miscalculation shall not be charged the administrative fee on the
amount refunded.
b. No refund shall be given for a change in land use or structure after occupancy has occurred.
c. Any funds not expended or encumbered by the end of the calendar quarter immediately
following six (6) years from the date the impact fee was paid shall, upon application of the
fee payer within one hundred eighty (180) days of that date, be returned to the fee payer with
interest at the rate of six percent (6%) per annum.
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21-322.09 - Credits
a. An applicant shall be entitled to a credit against the Police Impact Fees assessed pursuant
to this Section in an amount equal to the cost of improvements which create excess capacity
for the general public or contributions to the City of land, money, facilities, equipment or
services by the applicant or his predecessor in interest as a condition of any development
agreement entered into with the City. Such credit shall be based on the following criteria:
1. The actual cost, or estimated cost based on recent bid sheet information of the City
of Edgewater or Volusia County, of off-site improvements. Improvements eligible
for a credit are those improvements proposed that will benefit not only the dwellings
on-site, but also the general public. Improvements not eligible for a credit are those
facilities that are privately owned or that serve only the dwellings within the
development.
2. The actual cost or estimated cost of improvements based on recent bid sheet
information of the City of Edge water or Volusia County with respect to that portion
of on-site improvements which creates excess capacity for the general public.
3.
The contribution of land, money, facilities, equipment or services by the applicant
for improvements to the City's Police Department which creates excess capacity for
the general public. Services must relate directly to the provision of land, facilities
or equipment. The credit for land contributed will be based on a pro rata share of the
appraised land value of the parent parcel as determined by an MAl appraiser selected
and paid for by the applicant and approved by the City Manager or based on such
other method as may be mutually agreed upon by the applicant and the City
Manager. In the event that the City disagrees with the appraised value, the City may
select and pay for another appraiser, and the credit shall be an amount equal to the
average of the two (2) appraisals.
4. Unless otherwise provided in a development agreement between the City and the
applicant or his predecessor in interest, no credit for contributions or donation made
prior to the effective date of this Article shall be granted unless the cost of the
improvements were paid for or the contributions were made within the two (2) years
prior to the effective date of this Article.
5. No credit shall exceed the amount of the Police Impact Fee assessed under Section
21-322.03 of this Article.
6. No credit shall be allowed for security systems, widening of roads or other
improvements with only an indirect benefit for police protection.
b. The amount of the credit shall be determined by the City Manager; provided, however, that
the determination may be appealed to the City Council, whose decision shall be final and
binding on the applicant.
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c.
Any credit issued pursuant to this Section may be transferred by the applicant to any
successor in interest in the property.
21-322.10 - Exemptions
The following shall be exempt from payment of the police impact fee:
a. Those residential or nomesidential dwellings which have been issued a building permit or
certificate of occupancy prior to the effective date of this Article.
b. Additions to or expansions of single-family dwellings that do not create an additional living
uni t.
c. The replacement of a building, mobile home, or structure that was in place on the effective
date of this Article or the replacement of a building, mobile home or structure that was
constructed subsequent thereto and for which the correct impact fee had been paid or
otherwise provided for, with a new building, mobile home, or structure of the same use,
provided that no additional impact fee will be produced over and above that produced by the
original use of the land.
21-322.11 - Appeals
Any decision made by the City Manager or his designee in the course of administering this
Article may be appealed in accordance with those procedures set forth in this Code for appeals of
administrative decisions.
21-322.12 - Lien; Withholding of Permits for Non-Payment
a. Ifthrough error, omission, or intent the impact fee imposed under this Article is not paid in
full, the amount unpaid, together with statutory interest accruing from thirty (30) days
following the date written notice by certified mail, return receipt requested is sent to the
then-present owner, shall be a lien against the property on which the specific development
for which the impact fee is due. Notice of the lien shall be recorded in the official records
of the Clerk of the Circuit Court, in and for the County of V olusia. The lien shall have
priority over all liens, mortgages, and encumbrances, except taxes. If the notice of lien is
not recorded within three (3) years following the date the building permit is issued for the
development for which the impact fee is owned, the lien shall be of no force and effect. If
this shall occur, the amount ofthe impact fee is due and payable to the City of Edge water.
If the lien remains unpaid for more than thirty (30) days following recording, it may be
foreclosed in the manner provided by law for foreclosures of mortgages on real property.
b. If the impact fee remains unpaid, no further building permits of any type shall be issued on
the property for which the impact fee remains unpaid. Building permits, including
certificates of occupancy and/or occupancy permits may be issued only upon full payment
Rev. 10-04 (Land Development Code) .
XVII-IS
of any previously owed impact fee, together with any interest owing, and current impact fee, 0
if any.
21-322.13 - Violations; Relief
Knowingly furnishing false information to the City Manager on any matter relating to the
administration of this Article shall constitute a violation thereof. Violation of this Article shall
constitute a misdemeanor enforceable in accordance with the City Code or by an injunction or other
legal or equitable relief in the Circuit Court against any person violating this Article, or both civil
injunctive and criminal relief.
SECTION 21-323 - TRANSPORT A TION/ROAD IMP ACT FEES
21-323.01 - Short title: statutory authority: applicability of section
a. This section shall be known and may be cited as the City of Edgewater Road Impact Fee
Ordinance.
b.
The planning for new and expanded roads needed to serve new growth and development that
generate additional traffic and the implementation of these needs through the comprehensive
planning process are the responsibility of the city under F.S. ~163.61 et seq.. F.S. ch. 166.
and various special acts relating to the power of the city undertaking zoning. planning and
development activities. and is in the best interest of the health. safety and welfare of the
citizens of the city. This section is adopted pursuant to F.S. ch. 166. and the City Charter.
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c. Applicability. This section shall apply throughout the City of Edgewater.
21-323.02 - Purpose and intent
a. The purpose of this section is to enable the city to allow growth and development to proceed
in compliance with the adopted comprehensive plan and to reg:ulate growth and development
so as to require it to share in the burdens of growth by paying its pro rata share for the
reasonably anticipated costs of needed roadway improvements.
b. This section is intended to implement and be consistent with the city's Comprehensive Plan.
c. It is not the purpose of this section to collect fees from growth and development in excess
of the cost of the reasonably anticipated improvements to the road network needed to serve
the new growth and development. It is specifically acknowledged that this article has
approached the problem of determining the road impact fee in a conservative and reasonable
manner. This section will only partially recoup the governmental expenditures associated
with growth. Existing development will be required to pay a fair share of the cost of needed
improvements to the road network.
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Lot means an area ofland which abuts a street and which either complies with or is exempt from the
City Subdivision Regulations and is sufficient in size to meet the minimum area and width
requirements for its classification.
Ma;or soorts facility means a stadium or racetrack for maior sports events with a permanent seating
capacity of at least 5,000 spectators. Further, a maior sports facility is characterized by infrequent
use such that there are no more than thirty (30) days of use per year where the facility is at or above,
ten percent (10%) occupancy. Actual fee for this land use category, provided it meets the definition,
is based on the rate of frequency of use (greater than ten percent {l0%} occupancy) on an annual
basis.
Mobile home park means an area of land under one ownership where designated spaces for mobile
home dwellings are rented. The overall operation is managed on a full or part time basis and
provides various services and facilities for common use.
Motel means a place of lodging that provides sleeping accommodations and often a restaurant.
Motels are generally offer free on-site parking and provide little or no meeting space.
Multiole-familv dwelling means a building containing three (3) or more dwellings intended to be
occupied primarily by permanent residents.
Off-site imorovements means road improvements, other than those referenced in the definition of
site-related improvements, located outside of the boundaries of the parcel proposed for development
which are required to serve the development's external trips.
Percent of new trios means the number of new trips generated by the land development activity.
Site-related imorovements means capital improvements and right-of-way dedications for direct
access improvements to the development in question. Direct access improvements includes, but not
limited to, the following:
1. Site driveways and roads:
2. Right and left turn lanes leading to those driveways and roads:
1:. Traffic control measures for those driveways and roads:
4. Acceleration/deceleration lanes:
i:. Frontage roads:
6. Median openings/closings: and
7. Roads necessary to provide direct access to the development.
Square foot, for the purpose of the fee schedule, subsection 3-323.05(f)(1), means total square
footage of a building area, excluding overhangs.
Thoroughfare svstem means any roadway that has been designated as either an arterial or collector
in the Transportation Element of the city's Comprehensive Plan.
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XVII-23
Thoroughfare svstem olan means the thoroughfare plan as set out and included III the 0
Comprehensive Plan.
Traffic generation statement means a documentation of proposed trip generation rates submitted
prior to and as a part of a traffic impact analysis. This documentation shall include actual traffic
generation information from a representative sampling of existing similar developments.
Transoortation/road imoact fee and fee means the fee required to be paid in accordance with this
section.
Trio means a one-way movement of vehicular travel from an origin (one trip end) to a destination
(the other trip end).
21-323.04 - Interpretation of article: enforcement: penalty
a. Interpretation. The provisions of this section shall be liberally construed to effectively carry
out its purposes in the interest of public health. safety. welfare and convenience.
b. Methods of enforcement. The city shall withhold any certificate of occupancy of any final
inspection approval for construction applicable to this section until the required fee has been
paid.
c.
Penalty. A violation of this section shall be punishable according to applicable municipal
codes.
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d. Building permits not to be issued to persons failing to pay fee. No building permit shall be
issued by the municipality to anv person who. while required bv this section to pay a
transportation/road impact fee. has failed to pay such fee.
21-323.05 - Imvosition of fee
a. Applicability of fee.
.L. Any person who makes or causes the making of an improvement to land which will
generate additional traffic and which requires the issuance of a building permit, or
any person who changes the use of any building to one which will generate
additional traffic. shall be required to pay a transportation/road impact fee in the
manner and amount set forth in this section.
2. No person shall undertake construction of an improvement for which the fee imposed
bv this section is applicable without having paid the proper transportation/road
impact fee imposed by this section. No person shall change the use or allow a
change in use of any building where the fee imposed by this section is applicable
without having paid the proper transportation/road impact fee imposed bv this
section.
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b.
Payment of fee required prior to issuance of any form of development permits which may
include. but not be limited to the following: building permit. certificate of occupancy.
occupational license or use permit. No county or municipal certificate of occupancy.
occupational license or use permit for which a complete application is submitted after
January 1.2005. for any activity requiring payment of an impact fee pursuant to this section
shall be issued unless and until the transportation/road impact fee required by this section
has been paid. The obligation of a person to pay the fee imposed by this section shall not
be extinguished by the inadvertent failure of the city to collect the fee at the time required.
c. Methods of determination. The transportation/road impact fee for any development activity
generating traffic in the city shall be determined either by using the fee schedule set forth
in subsection (DO) of this section. or by using the method set forth in section 21-323.05.
d. Presumption of maximum impact. Development is presumed to have the maximum impact
on the road network. The proposed development activity for which an application for a
building permit has been filed shall be presumed by the city engineer or his designee to
generate the maximum number of average daily vehicle trips. vehicle miles of travel and
lane miles of travel.
e. Transportation/road impact fee formula. The following formula shall be used to determine
the impact fee per unit of development:
Impact Fee = (l/2)*(TGR)*(%NT)*(DF)*(ATL)*(CC/LM)(WCU
Where:
TGR = trip generation rate assigned to each land use
NT = new trips generated by the land use
DF = distribution factor of trips utilizing the thoroughfare network
A TL = average trip length utilizing the thoroughfare network
CC = average road construction cost
LM = lane miles
WCL = weighted capacity per lane mile
[. Fee schedule. The following fee schedule has been prepared based upon the formula
presented in subsection (e) of this section using in part the roadway impact fee update. dated
September 25. 2003 prepared for V olusia County by TEl Engineers and Planners. and the
Transportation Impact Fee Study dated August 2004 prepared for the City of Edgewater by
B&H Consultants. Inc.
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The transportation/road impact fee shall be determined in accordance with the
Transportation/Road Impact Fee Schedule established by resolution of the City
Council.
2. Credits for completed and accepted non-site-related improvements shall be
determined for each application, and shall be deducted from the transportation/road
impact fees listed in the transportation/road impact fee schedule, at the time
transportation/road impact fees are to be paid. The value of non-site-related
improvements for which credits may be allowed shall be determined by the director
of development services.
.;L Credits for the present value offuture gas or motor fuel tax payments utilized to fund
capacity expansion ofthe thoroughfare road systems are included in the calculations
of the fee schedule set out in this section.
4.
The fees charged for a building with more than one use shall be for that use having
the highest traffic generation rate except for church buildings with mixed uses or
buildings with residential and non-residential mixed uses. If the church building has
more than one use, the separate uses are to be identified and appropriately charged
according to the fee schedule. If a building has residential and non-residential uses,
the square footage of the building identified as residential will be charged based on
the number of dwelling units, and then, the square footage identified as non-
residential shall be charged for that use having the highest traffic generation rate.
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If the type of development activity for which a building permit is applied is not
specified on the fee schedule set out in this section, the city shall use the fee
applicable to the most nearly comparable type of land use on the fee schedule. The
city shall be guided in the selection of a comparable type by the report titled
"Institute of Transportation Engineers, Trip Generation: An Information Report"
(sixth or any subsequent editions). If the city determines that there is no comparable
type of land use on the fee schedule set out in this section, then the fee shall be
determined by using traffic generation statistics contained in the report titled
"Institute of Transportation Engineers, Trip Generation: An Information Report"
(sixty-sixth or any subsequent edition), average trip length and percent of new trips
based upon the best data available to the city and by applying the formula set forth
in subsection ( e) of this section.
6. In the case of an expansion of an existing use on the same lot or an adioining lot
(which may be intersected by an easement or right-of-way) requiring the issuance of
a building permit. the impact fee shall be based upon the net increase in the impact
fee for the new as compared to the previous use. The city shall be guided in this
determination by the report titled "Institute of Transportation Engineers, Trip
Generation: An Information Report" (sixth or any subsequent edition).
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7.
The transportation/road impact fee on a shopping center shall be computed using one
retail-commercial rate for all stores except the out-parcels, which shall be calculated
using the rate for that land use from the transportation/road impact fee schedule.
.& If an affidavit is filed by the owner of real property with the county or municipality
certifYing that a farm building on a farm is exempt from issuance of a building
permit under Florida law, then the building shall also be exempt from impact fee
charges.
9. Road construction and right-of-way credits issued by the city can be transferred
between lots with identical land uses.
21-323.05-1 - Independent calculation
a. Any person may determine their transportation/road impact fee by providing independent
traffic documentation that their impact on the thoroughfare system is less than the
transportation/road impact fee as determined under subsection (1)(1) of section 21-323.05.
The documentation submitted shall show the basis upon which the transportation/road
impact fee has been calculated, which shall conform to the following factors:
1..
The trip generation rate. trip length and the percent of new trips shall be documented
together. In no event shall thev be documented separately. All other variables in the
transportation/road impact fee formula cannot be altered. but shall be based upon
data current at the time this fee shall be due. Petitioners requesting to undertake an
independent calculation may substitute the trip generation rate and the percent of
new trips and trip length in the transportation/road impact fee formula with data
obtained from approved traffic surveys and actual traffic counts generated by
approved traffic study sites.
2. The unit of measure used for trip generation in the independent calculation must be
identical to the one used in the transportation/road impact fee formula, in order to
measure accurately the project's impact on the thoroughfare svstem.
1. If a single business or shopping center is studied. at least two (2) sites within the City
of Edgewater must be tested. The results of each site must be added together and
averaged to obtain an alternative trip generation rate. trip length and percent of new
trips. The results can be substituted in the transportation/road impact fee formula.
If the study results indicate a lower fee. the charges will be adjusted accordingly.
4. Ifno suitable alternative site is available as determined by the city staff, the applicant
may pay the transportation/road impact fee, and employ a licensed engineer to
conduct a traffic study on the project site within six (6) months after the enterprise
is open for business. The traffic study time-frame and monitoring points must be
Rev. 10-04 (Land Development Code)
XVII-27
approved by the city staff. Only the trip generation rate, trip length and the percent 0
of new trips can be used in the analysis. Once the results of each sampling point are
added together and averaged they may be substituted in the transportation/road
impact fee formula. The results will be used to determine an appropriate impact fee.
If the traffic study results indicate a lower fee and accepted by the city staff, the
difference will be refunded to the applicant. All refunds are subject to section 21-
323.10. This documentation shall be prepared and presented by licensed engineers.
Specific actions such as the number of manual or automated counts. number of
personal surveys, location of the sampling stations and the layout of the study sites
will be negotiated by the applicant and city staff.
21-323.06 - Review of Fees
City Staff shall annually review all fees relating to this Section. All adjustments shall be based on
the percentage change as contained in the CPI (Consumer Price Index - All Urban Consumers) or
ENR (Engineering News Record) index as established/reported in April of each year and shall be
automatically adjusted on October 1 of each fiscal year.
21-323.07 - Reserved
21-323.08 - Payment
a.
Time of payment; lien.
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1. The person applying for the Issuance of a building permit shall pay the
transportation/road impact fee.
The obligation for payment of the impact fee shall run with the land. However, this
section shall not be construed to relieve an applicant of responsibility or liability for
payment of the impact fees imposed by this section.
In the event the impact fee is not paid prior to the issuance of a building permit for
the affected impact construction, the city may collect the impact fee, together with
interest as provided in section 21-323.08(d).
Ifno building permit is required upon a change of use ofa building, the fee imposed
by this section shall be payable at such time as the person making such change shall
be required to apply for an occupational license.
2. All fees due under this section shall become a lien at the time of the issuance of the
building permit or in the case of a change of use on the issuance of an occupational
license, as the case may be, such fees shall be due, and shall remain a lien, coequal
with the lien of all state, district county and municipal taxes, superior in dignity to
all other liens. titles and claims. until paid. Such lien shall be upon the land on which
an improvement is made requiring the payment of fees and shall be for the amount
Rev. 10-04 (Land Development Code)
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of the fee required, as well as for all penalties and interest due under the provisions
of this section.
b.
Method of payment. Payment of transportation/road impact fees shall be made to the City
of Edgewater.
c.
Disposition of funds. All funds collected shall be promptly transferred for deposit into a
transportation/road impact fee trust fund and used solely for the purposes specified in this
section.
d.
Interest and administrative: penalty.
1. Interest at the rate set by law for iudgments shall be due on all fees due under this
section from the time such fee was due according to the terms of subsection (a) of
this section. The inclusion in this section of provisions concerning interest due shall
be deemed to be cumulative of the city's rights already existing as a matter of law
to preiudgment interest upon sums which are certain and due and payable at a
specified time. Accordingly, the requirement for the payment of interest shall be
deemed to apply retroactively to all fees which have previously become due under
the terms of this section: and nothing in this section shall be construed in derogation
of such right otherwise existing at law.
2.
There shall be due and payable to the city an administrative penalty of five percent
(5%) per month to a maximum of twenty- five percent (25%) of all fees unpaid at the
time they were due according to the terms of this section. Such administrative
penalty shall accrue monthly on the anniversary of the date when such fee should
have been paid. In the case of fees previously due under the terms of this section,
such penalty shall accrue at the rate of five percent (5%) per month to a maximum
of twenty-five percent (25%) with the first monthly penalty accruing one (1) month
following the effective date of the ordinance from which this subsection (e) is
derived.
The city attorney or a duly authorized representative may execute, serve upon the
owner by certified mail and record a notice of nonpayment in the official records of
the county, which shall contain the legal description of the property and the amount
ofthe impact fee liability. Said notice shall thereupon operate as a lien against such
property for the amount of the impact fee, together with interest. penalties, and the
costs and fees for collection, coequal with the lien of all state, county, district and
municipal taxes.
Rev. 10-04 (Land Development Code)
XVII-29
21-323.09 - Trust funds: use of funds
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a. Trust funds. There are hereby established a separate transportation/road impact fee trust
fund. Subsequent to the adoption of the ordinance from which this section is derived. should
any parcel or area ofland located within a zone be annexed into the city. the boundaries shall
be deemed amended as of the date of annexation so as to include the land annexed within
the zone of such municipality. Such amendment of zones shall be for the purposes of this
section only and shall not affect any prior payment of fees or expenditure of funds
attributable to the annexed property.
b. Use of funds: administrative fee.
L Funds collected from transportation/road impact fees shall be used for the purpose
of capital improvements to and expansion of transportation/road facilities associated
with the thoroughfare system plan. Such improvements shall be of the type made
necessary by new development. Final determination of proiects to be funded using
transportation/road impact fee revenues shall be made by the city council.
2. No funds shall be used for periodic or routine maintenance as defined in F.S. 9
334.03.
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Except as provided in subsection (5) of this subsection. funds shall be used
exclusively for capital improvements or expansion within the municipal boundaries.
Funds shall be deemed expended in the order in which they are collected.
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4. The city shall. each fiscal year. prepare a preliminary capital improvement road
program to be funded from each transportation/road impact fee trust fund.
5. The city shall be entitled to retain an amount not to exceed five percent (5%) of all
impact fee funds it collects as an administrative fee to offset the actual administrative
costs associated with the collection of the funds and administering this section.
21-323.10 - Refunds
If it is determined by the city that fee assessments collected pursuant to this section have not been
spent or encumbered or expended by the end of the calendar quarter immediately following ten (10)
years from the date the fee was received. or if the development for which the fees were paid was
never begun. then such funds shall be eligible fo refund to the then-present owner in accordance
with the following procedures:
L The then-present owner must petition the city council for the refund within one (1)
year following the end of the calendar quarter immediately following nine (9) years
from the date on which the fee was received by the city.
Rev. 10-04 (Land Development Code)
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2.
The petition must be submitted to the city and must contain:
.uu A notarized sworn statement that the petitioner is the current owner of the
property:
Qll A copy of the dated receipt issued for payment of the fee:
W A certified copy of the latest recorded deed:
@ A copv of the most recent ad valorem tax bill: and
D:D. Such other information which may be reasonably necessary to ascertain
current ownership of the property.
~ Within sixty (60) days from the date of receipt of a petition for refund. the city shall
advise the petitioner of the status ofthe fee requested for refund. For the purpose of
determining whether fees have been spent or encumbered, the first money placed in
a trust fund account shall be deemed to be the first money taken out of that account
when withdrawals have been made.
4. When the money requested is still in the trust fund account and has not been spent
or encumbered by the end of the calendar quarter immediately following ten (10)
years from the date the fees were paid, the money shall be returned.
21-323.11 - Exemptions and credits
a.
Exemptions. The following activities shall be exempted from payment of the
transportation/road impact fee:
L All land development activities which have received a building permit prior to the
effective date of the ordinance from which this section is derived, except as provided
for in other sections.
2. Alterations or expansions of an existing building where no additional units are
created, and where no additional vehicular trips will be produced over and above that
produced bv the existing use.
1:. The construction of an accessory building which will not produce additional
vehicular trips over and above that which is produced by the principal building or use
of the land.
4. The replacement of a building with a new building, provided that no additional trips
will be produced over and above those produced by the original use of the land.
2:. City owned and city operated buildings, structures or uses used solely for general
governmental purposes.
Rev. 10-04 (Land Development Code)
XVIl-31
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b.
Credits.
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1:. No credit shall be given for site related improvements. except as provided for in
subsection (2) of the subsection (b).
2. All roadway improvements and/or right-of-way dedications required under a city
development order or approval which are included within the roads contemplated in
section 21-323.09(b)(1). except for those improvements deemed site related. shall
be credited against transportation/road impact fees. In addition. any person who
constructs or contributes land. money or services for any road improvements
(whether site related or not) contemplated in section 21-323.09(b)(1). which are
included within the most recently adopted five (5) year work program shall be
entitled to credits against transportation/road impact fees imposed pursuant to this
section in accordance with subsection (3) of this subsection (b).
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Credits shall apply to the person making the contribution. Such person shall have
the right to transfer all or a portion of the available credits. Any transfers ofthis type
which occur shall be filed with the Planning Department at the time of or prior to the
approval of a development order on a form provided by the city. The costs utilized
in computing credits shall be reasonable. but not to exceed the actuaL costs of the
improvements constructed or contributed. The person seeking determination of the
credit shall present cost estimates and property appraisals prepared by qualified
professionals to be utilized by the public works department and the Planning
Department in determining the amount of credits. The city retains the right to
prepare its own cost estimate for its use in determining the credit allowed by this
subsection.
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21-323.12 - Periodic review
a. This section shall be reviewed by the city council no less than once every four (4) years.
b. The components ofthe transportation/road impact fee formula shall be reviewed by the city
council no less than once every four (4) years.
c. Failure of the city to undertake such a review shall result in the continued use and
application of the existing fee schedule and other data.
21-323.13 - Administrative review: procedures
a. A fee payer shall have the right of administrative review of any decision relating to:
1:. A determination that a development activity is required to pay an impact fee under
this section:
Rev. 10-04 (Land Development Code)
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2.
A determination of the amount of the impact fee; or
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A determination regarding the amount or application of a credit to be applied against
the impact fee.
The administrative review shall be in the form of an administrative review de novo
of the decision.
b. Except as otherwise provided in this section. the administrative review must be requested
by the fee payer within forty-five (45) calendar days (including Sundays and legal holidays)
from the date of issuance of the impact fee statement or the date of the decision sought to
be reviewed. whichever shall last occur. Failure to request administrative review within the
time provided in this subsection will be deemed a waiver of that right.
c. A written request for administrative review must be filed with the City Manager. The
request shall contain the following:
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2.
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The name and address of the fee payer;
The telephone number at which the fee payer may be reached during daytime hours;
The legal description of the property in question;
If issued. the date the building permit/impact fee statement was issued and the
building permit/impact fee statement number;
If paid. the impact fee receipt number and date of payment;
A brief description of the nature of the land development activity to be undertaken
pursuant to the building permit/impact fee statement; and
7. A statement of the reasons why the fee payer is requesting the administrative review.
including any supporting information and site or construction plans. if appropriate.
d. Within fifteen (15) calendar days of receipt of a request for administrative review. the
decision of the City Manager shall be final and shall be binding upon the fee payer and the
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e. The determination of the City Manager may be reviewed by the city council in accordance
with section 21-323.14.
21-323.14 - Final administrative review: hearings
a. A fee payer who is aggrieved by a determination of the City Manager shall have the right
to request a review hearing before the city council.
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Rev. 10-04 (Land Development Code)
XVIl-33
b.
A review hearing shall be limited to a determination of whether the City manager correctly
applied this section to the facts and circumstances of the fee payer's case.
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c. A review hearing shall be requested bv the fee payer by filing a written request for same
with the City Manager. within thirty (30) calendar days after the determination is made by
the director. Failure to request a hearing within the time provided shall be deemed a waiver
of such right.
d. The written request for review hearing to be filed with the City Manager shall contain the
following:
1. The name of the party seeking the review. and the address if a fee payer~
2. The legal description of the property in question~
1. If issued. the date the building permit/impact fee statement was issued and the
building permit/impact fee statement number~
4. If paid. the impact fee receipt number and date of payment: and
i. A brief description of the nature ofthe land development activity being undertaken
pursuant to the building permit/impact fee statement.
e.
Upon receipt of a request for review hearing. the City Manager shall schedule a hearing
before the city council at a regular meeting or special meeting called for the purpose of
conducting the hearing. The city shall provide the fee payer with reasonable written' notice
ofthe time and place of the hearing. A review hearing shall be held within forty-five (45)
days of the date the request for hearing was filed.
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L. The review hearing shall be held by the city council and shall be conducted in a manner
designed to obtain all information and evidence relevant to the requested hearing. Formal
rules of civil procedure and evidence shall not be applicable~ however. the hearing shall be
conducted in a fair and impartial manner with each party having an opportunity to be heard
and to present evidence.
SECTION 21-324 - WATER SYSTEM EXTENSION
21-324.01 - Intent; Purpose; Basis
a. The City of Edgewater, herein referred to as the "City", as the owner and operator of the
water system, hereinafter referred to as the "Edgewater water system" or the "City water
system", hereby established this extension policy for the purpose of creating a uniform
method of determining the capital charges to be borne by property owners, builders or
developers within the water service area to defray or partially defray the cost of an on-site
water distribution system, the allocable share of an off-site water distribution system and the
Rev. 10-04 (Land Development Code)
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allocable share of treatment plant costs. The City declares that this extension policy has as
its goal the establishment of a uniform method of computing or determining such charges
to the end that all such charges shall be nondiscriminatory among consumers in the area and
shall be applied as nearly as possible with uniformity to all consumers or prospective
consumers within the present or future service area.
21-324.02 - Availability
The provisions of this extension policy are available to consumers and property owners throughout
the water service area of the Edgewater water system which shall allow the City to recover operating
costs and expenses, required debt service, contributions to renewal and replacement funds and
allocations from the general revenue fund for costs reasonably related to the water system. The term
"water service area" as used herein is that area defined as the City's water service area in the
adopted Comprehensive Plan of the City of Edgewater, as may be amended from time to time.
21-324.03 - On-Site Facilities
a. Each developer, owner or builder (hereinafter referred to as "developer") shall be
responsible for the design, installation, inspection and testing of the complete water system
located in the streets or easements adjoining or within the boundaries of the developer's
property.
b.
The term "complete water system" as used herein includes, but is not limited to all
component parts of a water distribution system, including pipes, valves, fittings, hydrants
and all appurtenances as shown upon the approved design of such water distribution system.
c. In the event the City requires the installation of oversized lines or facilities designed to
provide service for other properties, then the City shall pay for the cost of such over-sizing
by means of a direct cash payment by the City to the developer or a credit against water
capital charges otherwise to be paid by the developer. The limited size of the developer's
property for which service has been requested may indicate to the City the desirability of
having the City design and install the water distribution system. In such event, the City
reserves the right to compute the estimated cost of such extension and to require the
developer to pay such cost of construction in lieu of the developer's installation of the water
distribution system.
SECTION 21-325 - WATER CAPITAL CHARGES
21-325.01 - Intent; Purpose; Basis
a. The intent of this Section is to establish charges for the purpose of compensating the City
for costs incurred in providing water treatment facilities and in extending water distribution
and transmission lines to a point of reasonable availability for connection to the City water
system. The charges shall be computed on the basis of real property use, zoning and size in
approximate proportion to the benefits received. The determination of the point of
Rev. 10-04 (Land Development Code)
XVII-35
reasonable availability for connection to the City water system shall be determined in
accordance with policies from time to time established by the City. As set forth in this 0
Section, the developer may incur additional charges and expenses in order to obtain water
service, which charges and expenses are not defrayed by its payment of water capital
charges. Nothing contained in this Section shall be construed to obligate the City to extend
water services to any lands within its water service area.
b. The water capital charge shall be established by resolution of the City Council. Those
persons, corporations or entities which have previously prepaid the existing water connection
charge or who have entered into an agreement with the City providing credits against the
water connection charge shall be exempt from paying this water capital charge. The amount
of credit shall not exceed the amount prepaid or the approved credit authorized in the
developer's agreement.
c. The water capital charge shall be paid prior to the execution by the City of the FDEP
construction application, but in no event later than the issuance of the building permit.
d. Requested decreases and revised charges.
1.
An applicant may submit data and other information on actual usage, anticipated
usage, peak load requirements or a combination of the foregoing to the Director of
Environmental Services (hereinafter referred to as "Director") to support a requested
decrease in the total equivalent residential unit value. The Director may use this
information to determine a revised value, which may be less than or greater than that
established by resolution of the City Council, and which will be used to determine
a revised water capital charge. In either case, the applicant shall pay the revised
water capital charge instead of the water capital charge established herein.
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2. Alternatively, an applicant may pay the water capital charge as established by the
City and, after one (1) year of operation, submit one (1) year's data on actual usage
to the Director for review. The Director may use this information to determine a
total ERU value, which may be less than or greater than that established by the City
and which will be used to determine a revised water capital charge. If the applicant
desires to use this alternative method of calculation, the applicant must advise the
Director of such determination prior to the payment of the water capital charge.
21-325.02 - Obligations of the City
a. The City shall maintain copies of this extension policy available for the inspection of any
property owner, developer, builder or prospective consumer desiring information regarding
all elements of the cost of connecting to the water facilities ofthe City. Such copies shall
be maintained at the general office of the Edgewater water system.
b. The City shall maintain as-built information on its water facilities in the office of its
designated representatives for the purpose of providing reasonable information concerning
Rev. 10-04 (Land Development Code)
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the location of its water facilities.
c.
The City shall install all meters upon the request of prospective consumers, provided that all
fees and charges as described herein and the established meter installation fees have been
paid in accordance with the provisions of the extension policy.
d. In instances where the City undertakes the installation of water distribution lines at the cost
and expense of the developer in lieu of the developer's installation of such facilities, the City
will provide laterals for water service to a developer's lot line ready for plumber's hookup
and the installation of meters.
21-325.03 - Obligations of Developer
It shall be the developer's obligation to furnish to the City accurate information with regard to
matters of engineering, construction of buildings and dwellings and proposed densities. Developers
who increase their density factors and/or consumption requirements during the course of
construction ofthe project are exposed to an adjustment in their hydraulic share for off-site facilities
and/or an increase in connection charges applicable to the developer's project. The developer is
responsible for errors or changes in engineering information furnished to the City when such error
or change results in increased cost to the City for any construction which the City may undertake
in connection with installing water distribution facilities or which could necessitate a new design
or redesign of water distribution plans.
U 21-325.04 - Developer Agreements Required
An owner, builder or developer may be required to execute a developer's agreement setting forth
such reasonable provisions governing a developer's and the City's responsibility pertaining to the
installation of service facilities; the interconnection of plumber's lines with the facilities ofthe City;
the manner and method of payment of contributions in aid of construction; matters of exclusive
service rights by the City; standards of construction or specifications; time commitments to take and
use water services; engineering errors and omissions; rules, regulations and procedures of the City;
prohibitions against improper use of the City's facilities; and other matters normally associated with
and contained in developer agreements. Nothing contained in such developer agreements shall be
in conflict with this extension policy or the City's ordinances and resolutions governing rates, fees
and charges for services and other requirements regarding the rendition of water utility service. The
City may require that the developer, in addition to the contribution formulas set forth herein, bear
the cost of the preparation of developer agreements by independent counselor persons qualified to
draft and prepare such agreements. Said charge shall not exceed that amount normally to be
contemplated for such services.
21-325.05 - Easements and Right-of-Way
As a prerequisite to the construction of any water distribution system proposed to be connected to
the facilities of the City, the developer shall grant to the City easements or rights-of-way
corresponding with the installation of the proposed facilities. Such grant or conveyance shall be in
'-.)
Rev. 10-04 (Land Development Code)
XVII-37
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a form satisfactory to the City Attorney. All such easements or rights-of-way shall be in a form
acceptable to the City. Such conveyances when located on the property of the developer shall be 0
made without cost to the City. The City reserves the right to require such easement or right-of-way
to the point at which the meter is proposed to be installed or at the point of deliver of service, being
the point at which the facilities of the City join with the consumer's own installation.
21-325.06 - System Design; Independent Engineers; City's Engineer
a. The City shall recognize the design of water facilities prepared by a registered professional
engineer regularly engaged in the field of civil engineering, covering the design of a
developer's on-site water distribution system and any off-site facilities which may be
required by the City; provided, however, that each such design shall be fully subject to the
approval of the Director and shall conform in all respects to the criteria of the City governing
the installation of utility facilities ultimately to be accepted by the City for ownership,
operation and maintenance. In addition to other fees and charges, the City reserves the right
to charge a review fee commensurate with the cost to the City of reviewing such engineering
plans and furnishing to the developer's engineer various information regarding location and
criteria. Any such review fee shall be in accordance with resolutions adopted by the City
Council. All designs of water distribution facilities are at all times subject to the approval
of other agencies having jurisdiction over such design.
b.
The City maintains a relationship with its consulting engineer to provide utility design
services to developers for the purpose of facilitating the design of a developer's on-site water
distribution system and any off-site facilities which may be required by the City. Designs
prepared by the City's consulting engineer are acceptable to the City but are at all times
subject to the approval of any other governmental agencies having jurisdiction over the
subject matter of such design. The cost of plans prepared by the City's consulting engineer
shall be borne by the developer. However, in such cases the developer will not be required
to pay the charge for review of such plans as provided for in subsection "a".
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21-325.07 - Meter Installation and Connection Fees
a. The City shall charge to each prospective consumer requesting water service a meter
installation fee to defray the City's cost of the meter and meter appurtenances and the cost
of installation and related administrative and overhead costs. Such meter installation fee
shall be in accordance with the Meter Installation Fee Schedule established by resolution of
the City Council. The City will require the payment of such meter installation fee
concurrently with the request by prospective consumers for the meter installation. The meter
installation fee shall be charged only one time for the installation of a meter at anyone
location; provided, however, that requests to exchange existing meters for meters of a larger
size will result in a cost increase related to upsizing for the prospective consumer.
b. The City shall charge to each prospective consumer requesting connection to the City's
water service system a meter connection fee. Such meter connection fee shall be in
accordance with the Meter Connection Fee Schedule as adopted by resolution of the City
Rev. 10-04 (Land Development Code)
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Council. Meter connection fees are minimum fees and assume that the consumer's facility
is ready for a meter set. The Director may assess such other fee as necessary to recover the
cost of meter connection.
21-325.08 - Inspection Fees
a. The City reserves the right to inspect the installation of all water distribution facilities
installed by a developer or developer's contractors, which facilities are proposed to be
transferred to the City for ownership, operation and control. Such inspection is designed to
assure the City that waterlines are installed in accordance with approved designs and are
further consistent with the criteria and specifications governing the kind and quality of such.
installation. The City further reserves the right to be present at tests of component parts of
the water distribution system for the purpose of determining that the system, as constructed,
conforms to the City's criteria for exfiltration, infiltration, pressure testing, line and grade.
Such tests will be performed by the developer or developer's contractor but only under the
direct supervision of the City's engineer or authorized inspector.
b. The City shall charge an inspection fee based on inspection time ofthe subject water facility
as installed by the developer. The City maintains full-time inspection availability, and the
cost for inspection services as set forth herein is and shall continue to be designed to defray
the actual cost of conducting such inspections and testing.
21-325.09 - Transfer of Contributed Property; Bills of Sale
a.
Each developer who has constructed portions of the water distribution system on the
developer's own property or on other property with respect to any required off-site facilities
shall, prior to interconnection with the City's existing facilities, convey such component
parts of the water distribution system free of patent and latent defects to the City by bill of
sale in a form satisfactory to the City Attorney, together with such evidence as may be
required by the City that the water distribution system is proposed to be transferred to the
City is free of all liens and encumbrances.
b. Any facilities in the category of consumer's lines or plumber's lines located on the discharge
side of the water meter or on the consumer's side of the point of delivery of service shall not
be transferred to the City and shall remain the property of the developer, a subsequent
owner-occupant or their successors and assigns. Such consumer's lines or plumber's lines
shall remain the maintenance responsibility of the developer or subsequent consumers.
c. The City shall not be required to accept title to any component part of the water distribution
system as constructed by the developer until the City has approved the construction of said
lines, accepted the tests to determine that such construction is in accordance with the criteria
established by the City and accepted for use by the FDEP and thereby has evidenced
. acceptance of such lines for the City's ownership, operation and maintenance.
d. The developer shall maintain accurate cost records establishing the construction costs of all
Rev. 10-04 (Land Development Code)
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utility facilities constructed by the developer and proposed to be transferred to the City.
Such cost information shall be furnished to the City concurrently with the bill of sale, and 0
such cost information shall be a prerequisite for the acceptance by the City of the portion of
the water distribution system constructed by the developer.
e. The City reserves the right to refuse connection and to deny the commencement of service
to any consumer seeking to be connected to portions of the water distribution system
installed by a developer until such time as the provisions of this section have been fully met
by the developer or developer's successors or assigns.
21-325.10 - Off-Site Facilities; Refundable Advances
a. There are properties within the City's water service area where the City does not have in
place the off-site water infrastructure facilities necessary to connect a developer's property
to the City water system. In these cases it may be necessary to undertake the extension of
water mains and pumping stations necessary to connect the developer's property with the
then terminus of the Edgewater water system in compliance with the City Water System
Master Plan. Nothing in this Article shall be construed to require the City to extend any such
off-site facilities to a developer's property or to enter into a refunding agreement or
reimbursement agreement should a developer or others elect to undertake any such
extension.
b.
When a developer seeks water service for property for which the City does not have in place
the off-site water infrastructure facilities necessary to connect such property to the City
water system, the City may require, in addition to the contribution provisions set forth
herein, that the developer pay (without any credits against the applicable water capital
charges) the entire cost of any extension of off-site facilities necessary to connect the
developer's property with the then terminus of the Edgewater water system in compliance
with the City Water System Master Plan.
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c. As an alternative to the developer's payment of the entire cost of extension of such off-site
water facilities, the developer may request that the City and other property owners
potentially benefitted by such extension enter into a funding or reimbursement agreement
to equitably allocate the cost of any such extension among the benefitted properties, which
agreement shall be in addition to the contribution provisions set forth herein. The City may
accept or reject any proposed agreement which may be presented to share the cost of such
extensions as aforesaid. If the City elects to accept such an agreement, it shall be on terms
and conditions acceptable to the City in its discretion.
d. Refunding agreement.
1. As another alternative to the developer's payment of the entire cost of extension of
such off-site water facilities, the developer may request that the City enter into a
refunding agreement whereby the refundable advance is made by the developer to
further temporarily defray the cost of any off-site extension of water mains and
Rev. 10-04 (Land Development Code)
XVII-40
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pumping stations necessary to connect the developer's property with the then
terminus of the Edgewater water system in compliance with the City Water System
Master Plan. The City may accept or reject any such proposed refunding agreement.
If the City elects to accept such a refunding agreement, it shall be on terms and
conditions acceptable to the City and shall be consistent with the requirements of this
subsection. Any such refunding agreement shall include the following as the
minimum provisions thereof:
(a)
(b)
The developer shall always be responsible for his hydraulic share of the cost
of such facilities, as determined by the City;
All amounts expended by the developer over and above the developer's
hydraulic share for off-site facilities, as determined by the City, shall be
refunded to the developer only if a refund agreement is entered into with the
City prior to the connection of the developer's property with the then
terminus of the Edgewater water system;
The refund agreement shall provide for a plan of refund based upon the
connection of other properties, to the extent of their hydraulic share, which
properties shall be served by the off-site facilities installed by the developer;
The City may limit the life of such refund agreement to a term of not more
than seven (7) years, after which time any portion of the refund not made to
the developer by the terms and conditions of the refund agreement will have
lapsed, and thereafter such refund agreement will be canceled;
In no event shall a developer recover an amount greater than the difference
between the capitalized cost of such off-site improvements and the
developer's own hydraulic share of such improvements;
The City shall not include any interest upon the refund of a developer's
advance;
If the City advances any of the costs of such off-site facilities, the City shall
be reimbursed in full before any payment is made to the developer;
The refunding agreement shall contain a sketch or legal description of the
benefitted properties; and
The refunding agreement shall be recorded in the public records of V olusia
County, Florida.
( c)
(d)
(e)
(f)
(g)
(h)
(I)
2. If the City enters into a refunding agreement as aforesaid then a developer or
property owner who makes use of such off-site facilities provided by another
developer under the terms of this section shall be required to pay the city for a
portion of the costs of such off-site facilities based upon his hydraulic share, as
determined by the City. In accordance with the terms of the refunding agreement,
the City shall pay the appropriate share of such reimbursement to the developer who
initially funded the improvements; provided, however, that the payment will be
retained by the City in the event that the developer has been fully reimbursed by the
City or in the event that the developer has been fully reimbursed by the City or in the
event that the reimbursement obligation of the City has lapsed under the terms of the
refund agreement.
Rev. 10-04 (Land Development Code)
XVll-4l
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21-325.11 - Water Capital Charge Adjustment; Escalation
The basis for the water capital charge schedule set forth by resolution has been structured by the
City with regard to two major but variable factors. First, the present level of construction costs of
water distribution and water treatment plant facilities; second, the treatment facilities and treatment
levels as prescribed by the State of Florida Department of Environmental Protection or other
governmental entities with jurisdiction. The. City hCleby dedales that the. se.heduk ofvvater e.apital
chalges shall be. escalated based upon increascs a1ising fiom thesc factors as sa fiHth and identificd
in the Ungillceling News Rccord (UNR) Construction Cost Index as established on January 1 of each
YCal. The watel capital chargcs shall be automaticall, adjusted annually by the percentage change
in the ENR Const1uetion Cost Index as cstablished on January 1 of each ,eal.
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City Staff shall annually review all fees relating to this Section. All adiustments shall be based on
the percentage change as contained in the CPI (Consumer Price Index - All Urban Consumers) or
ENR (Engineering News Record) index as established/reported in April of each year and shall be
automatically adiusted on October 1 of each fiscal year.
21-325.12 - Water Capital Charges for Consumers Outside City Limits
The water capital charges established herein, as from time to time adjusted pursuant to Section
325.11, shall be applicable only to consumers located within the corporate limits of the City. The
water capital charges for consumers outside the corporate limits of the City shall be the water capital
charges from time to time established by the City for consumers inside the corporate limits of the
City plus a surcharge equal to that surcharge established by resolution of the City Council. 0
21-325.13 - Availability of Copies of Policy
Copies of this extension policy shall be maintained at the Edgewater water system's offices and shall
be available to all prospective consumers upon request, either in person or by mail, addressed to the
City.
SECTION 21-326 - SEWER SYSTEM EXTENSION
21-326.01 - Intent; Purpose; Basis
The City of Edgewater, hereinafter referred to as the "City", as the owner and operator of the sewer
system, hereinafter referred to as the "Edgewater sewer system" or the "City sewer system", hereby
established this extension policy for the purpose of creating a uniform method of determining the
capital charges to be borne by property owners, builders or developers within the service area to
defray or partially defray the cost of an on-site sewer system, the allocable share of an off-site sewer
system and the allocable shares of treatment plant costs. The City declares thatthis extension policy
has as its goal the establishment of a uniform method of computing or determining such
contributions to the end that all such contributions shall be nondiscriminatory among consumers in
the area and shall be applied as nearly as possible with uniformity to all consumers and prospective
consumers within the present or future service area.
Rev. 10-04 (Land Development Code)
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21-326.02 - Availability
The provisions of this extension policy are available to consumers and property owners throughout
the service area of the Edgewater sewer system, which shall allow the City to recover operating
costs and expenses, required debt service, contributions to renewal and replacement funds and
allocations from the general revenue fund for costs reasonably related to the sewer system. The term
"service area" as used herein is that area defined in the adopted comprehensive plan of the City of
Edgewater, as may be amended from time to time.
21-326.03 - Agreements With Other Municipalities
The City may enter into an agreement with V olusia County or another municipality to provide
wholesale service so that the county or municipality may provide service to a developer outside the
City's service area. Such wholesale agreements shall be subject to sewer capital charges as provided
in this Article.
21-326.04 - On-Site Facilities
a. Each developer, owner or builder, hereinafter referred to as "developer", shall be responsible
for the design, installation, inspection and testing of the complete sewer system located in
the street or streets adjoining or within the boundaries of the developer's property.
b.
The term "complete sewer system" as used herein includes, but is not limited to, all
component parts of a sewage collection system, including gravity lines, force mains, pump
stations, valves and all appurtenances as shown upon the approved design of such sewer
system.
c. In the event the City requires the installation of oversized lines or facilities designed to
provide service for other properties then the City shall pay for the cost of such oversizing
by means of a direct cash payment by the City to the developer or a credit against water
capital charges otherwise to be paid by the developer.
SECTION 21-327 - SEWER CAPITAL CHARGES
21-327.01 - Intent; Purpose; Basis
a. The intent of this Section is to establish charges for the purpose of compensating the City
for costs incurred in providing sewage treatment facilities, effluent disposal facilities and
pumping stations and extending sewage collection lines to a point of reasonable availability
for connection to the City sewer system. The charges shall be computed on the basis of real
property use, zoning and size in approximate proportion to the benefits received. The
determination of the point of reasonable availability for connection to the City sewer system
shall be determined in accordance with policies from time to time established by the City.
As set forth in this Section, the developer may incur additional charges and expenses in order
to obtain sewer service, which charges and expenses are not defrayed by its payment of
Rev. 10-04 (Land Development Code)
XVlI-43
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sewer capital charges. Nothing contained in this Section shall be construed to obligate the
City to extend sewer services to any lands within its sewer system territory. 0
b. The sewer capital charge shall be established by resolution of the City Council. Those
persons, corporations or entities which have previously prepaid the existing sewer capacity
charges shall be exempt from paying this sewer capital charge. The exemption or credit
shall equal the amount pre-purchased.
c. The sewer capital charge shall be paid prior to the execution by the City of the FDEP sewer
construction application, but in no event later than the issuance of the building permit.
d. Requested decreases and revised charges.
1. An applicant may submit data and other information on actual usage, anticipated
usage, peak load requirements or a combination of the foregoing to the Director to
support a requested decrease in the total equivalent residential unit value. The
Director may use this information to determine a revised value, which may be less
than or greater than that established by resolution of the City Council, and which will
be used to determine a revised sewer capital charge. In either case, the applicant
shall pay the revised sewer capital charge instead of the sewer capital charge
established herein.
2.
Alternatively, an applicant may pay the sewer capital charge as established by the
City, and after one (1) year of operation, submit one (1) year's data on actual usage
to the Director for review. The Director may use this information to determine a
total ERU value, which may be less than or greater than that established by the City,
and which will be used to determine a revised sewer capital charge. If the applicant
desires to use this alternative method of calculation, the applicant must advise the
Director of such determination prior to the payment of the sewer capital charge.
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21-327.02 - Obligations of City
a. The City shall maintain copies of this extension policy available for the inspection of any
property owner, developer, builder or prospective consumer desiring information regarding
all elements of the cost of connecting to the sewer facilities of the City. Such copies shall
be maintained at the general office of the Edgewater sewer system.
b. The City shall maintain as-built information on its sewer facilities in its office or in the
office of its designated representatives for the purpose of providing reasonable information
concerning the location of its sewer facilities.
c. In instances where the City undertakes the installation of sewer lines at the cost and expense
ofthe developer in lieu of the developer's installation of such facilities, the City will provide
lines for sewer service to a developer's lot line ready for plumber's hookup and the
installation of meters.
Rev. 10-04 (Land Development Code)
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21-327.03 - Obligations of Developer
It shall be the developer's obligation to furnish to the City accurate information with regard to
matters of engineering, construction ofbuildings and dwellings and proposed densities. Developers
who increase their density factors and/or discharge requirements during the course of construction
of the project are exposed to an adjustment in their proportionate share for off-site facilities and/or
an increase in capital charges applicable to the developer's project. The developer is responsible
for errors or changes in engineering information furnished to the City when such error or change
results in increased cost to the City for any construction which the City may undertake in connection
with installing sewer facilities or which could necessitate a new design or redesign of sewer system
plans.
21-327.04 - Developer Agreements Required
An owner, builder or developer may be required to execute a developer's agreement setting forth
such reasonable provisions governing a developer's and the City's responsibility pertaining to the
installation of service facilities; the interconnection of lines with the facilities of the City; the
manner and method of payment of contributions in aid of construction; matters of exclusive service
rights by the City; standards of construction or specifications; time commitments to take and use
sewer service; engineering errors and omissions; rules, regulations and procedures of the City;
prohibitions against improper use of the City's facilities; and other matters normally associated with
and contained in developer agreements. Nothing contained in such developer agreement shall be
in conflict with this extension policy or the City's ordinances and resolutions governing rates, fees
and charges for services and other requirements regarding the rendition of sewer utility service. The
developer, in addition to the contribution formulas set forth herein, shall bear the cost of the
preparation of developer agreements by independent counselor persons qualified to draft and
prepare such agreements. Said charge shall not exceed that amount normally to be contemplated
for such services.
21-327.05 - Easements and Rights-of-Way
As a prerequisite to the construction of any sewer system proposed to be connected to the facilities
of the City, the developer shall grant to the City easements or rights-of-way corresponding with the
installation of the proposed facilities. All such easements or rights-of-way shall be in a form
acceptable to the City. Such grant or conveyance shall be in a form satisfactory to the City Attorney.
Such conveyances when located on the property of the developer shall be made without cost to the
City.
21-327.06 - System Design; Independent Engineer; City's Engineer
a. The City shall recognize the design of sewer facilities prepared by a registered professional
engineer regularly engaged in the field of civil engineering, covering the design of a
developer's on-site sewer system and any off-site improvements which may be required by
the City; provided, however, that each such design shall be fully subject to the approval of
the Director and shall conform in all respects to the criteria of the City governing the
Rev. 10-04 (Land Development Code)
XVII-45
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installation of utility facilities ultimately to be accepted by the City for ownership, operation
and maintenance. In addition to other fees and charges, the City shall charge a review fee 0
commensurate with the cost to the City of reviewing such engineering plans and furnishing
to the developer's engineer various information regarding location and criteria. Any such
review fee shall be in accordance with resolutions approved by the City Council. All designs
of sewer facilities are at all times subject to the approval of other agencies having
jurisdiction over such design.
b. The City maintains a relationship with its consulting engineer to provide utility design
services to developers for the purpose of facilitating the design of developer's on-site sewer
system and any off-site improvements which may be required by the City. Designs prepared
by the City's consulting engineer are acceptable to the City but are at all times subject to the
approval of any other governmental agencies having jurisdiction over the subj ect matter of
such design. The cost of plans prepared by the City's consulting engineer shall be borne by
the developer. However, in such cases the developer will not required to pay the charge to
review of such plans as provided for in subsection "a".
21-327.07 - Inspection Fees
a.
The City reserves the right to inspect the installation of all sewer facilities installed by a
developer or developer's contractors, which facilities are proposed to be transferred to the
City for ownership, operation and control. Such inspection is designed to assure the City
that sewer lines are installed in accordance with approved designs and are further consistent
with the criteria and specifications governing the kind and quality of such installation. The
City further reserves the right to be present at tests of component parts of the sewer system
for the purpose of determining that the system, as constructed, conforms to the City" criteria.
Such tests will be performed by the developer or developer's contractor but only under the
direct supervision ofthe City's engineer or authorized inspector.
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b. The City shall charge an inspection fee based on inspection time of the subject sewer facility
as installed by the developer. The City maintains full-time inspection availability, and the
cost for inspection services as set forth herein is and shall continue to be designed to defray
the actual cost of conducting such inspections and testing.
21-327.08 - Transfer of Contributed Property; Bills of Sale
a. Each developer who has constructed portions of the sewer system on the developer's own
property or other property with respect to any required off-site facilities shall, prior to
interconnection with the City's existing facilities, convey such component parts of the sewer
system to the City free of patent and latent defects by bill of sale in a form satisfactory to the
City Attorney, together with such evidence as may be required by the City that the sewer
system proposed to be transferred to the City is free of all liens and encumbrances.
b. Any facilities in the category of consumer's lines located on the consumer's side ofthe point
of service shall not be transferred to the City and shall remain the property of the developer,
Rev. 10-04 (Land Development Code)
XVII-46
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a subsequent owner-occupant or their successors and assigns. Such consumer lines shall
remain the maintenance responsibility of the developer or subsequent consumers.
c.
The City shall not be required to accept title to any component part of the sewer system as
constructed by the developer until the City has approved the construction of said lines,
accepted the tests to determine that such construction is in accordance with the criteria
established by the City and accepted for use by the FDEP and thereby has evidenced
acceptance of such lines for the City's ownership, operation and maintenance.
d.
The developer shall maintain accurate cost records establishing the construction costs of all
utility facilities constructed by the developer and proposed to be transferred to the City.
Such cost information shall be furnished to the City concurrently with the bill of sale, and
such cost information shall be a prerequisite for the acceptance by the City of the portion of
the water distribution system constructed by the developer.
e.
The City reserves the right to refuse connection and to deny the commencement of service
to any consumer seeking to be connected to portions of the sewer system installed by a
developer until such time as the provisions of this section have been fully met by the
developer or the developer's successors or assigns.
21-327.09 - Off-Site Facilities; Refundable Advances
a.
There are properties within the City's sewer service area where the City does not have in
place the off-site sewer infrastructure lines and facilities necessary to connect a developer's
property to the City sewer system. In these cases it may be necessary to undertake the
extension of sewage lines and facilities necessary to connect the developer's property with
the City sewer system and the primary interceptor force main in compliance with the City
Sewer Master Plan. Nothing in this Article shall be construed to require the City to extend
any such off-site lines and facilities to a developers property or to enter into a refunding
agreement or reimbursement agreement should a developer or others elect to undertake any
such extension of lines and facilities; provided, however, that whenever a developer or
others undertake any such extension of off-site lines and facilities the City may require the
installation of oversized lines or facilities to provide service for other properties, in which
case the City shall be responsible for the cost of any such oversized lines or facilities to the
extent and in the manner provided for in Section 21-326.04 hereof.
b. When a developer seeks sewer service for property for which the City does not have in place
the off-site sewer infrastructure lines and facilities necessary to connect such property to the
City sewer system, the City may require, in addition to the contribution provisions set forth
herein, that the developer pay (without any credits against the applicable sewer capital
charges) the entire cost of any extension of off-site sewage lines and facilities necessary to
connect the developers property with the City sewer system and its primary interceptor force
main in compliance with the City Sewer System Master Plan, subject to the provisions of
Section 21-326.04 and 21-326.09 regarding oversized lines and facilities.
Rev. 10-04 (Land Development Code)
XVII-47
c.
As an alternative to the developers payment of the entire cost of extension of such off-site
sewer lines and facilities, the developer may request that the City and other property owners
potentially benefited by such extension enter into a funding or reimbursement agreement to
equitably allocate the cost of any such extension among the benefited properties, which
agreement shall be in addition to the contribution provisions set forth herein. The City may
accept or reject any proposed agreement which may be presented to share the cost of such
extensions as aforesaid. If the City elects to accept such an agreement, it shall be on terms
and conditions acceptable to the City in its discretion.
d. Refunding agreement.
1. As another alternative to the developer's payment of the entire cost of extension of
such off-site sewer lines and facilities, the developer may request that the City enter
into a refunding agreement whereby the refundable advance is made by the
developer to further temporarily defray the cost of any off-site extension of sewage
lines and facilities necessary to connect the developer's property to the City sewer
system and the primary interceptor force main in compliance with the City Sewer
System Master Plan. The City may accept or reject any such proposed refunding
agreement. If the City elects to accept such a refunding agreement, it shall be on
terms and conditions acceptable to the City and shall be consistent with the
requirements of this subsection. Any such refunding agreement shall include the
following as the minimum provisions thereof:
(a) The developer shall always be responsible for his proportionate share of the
cost of such lines and facilities, as determined by the City;
(b) All amounts expended by the developer over and above the developer's
proportionate share for facilities, as determined by the City, shall be refunded
to the developer only if a refund agreement is entered into with the City prior
to the connection of the developer's property with the primary interceptor
force main;
( c) The refund agreement shall provide for a plan of refund based upon the
connection of other properties to the extent of their proportionate share,
which properties will be served by the facilities installed by the developer;
(d) The City may limit the life of such refund agreement to a term of not more
than seven (7) years, after which time any portion of the refund not made to
the developer by the terms and conditions of the refund agreement will have
lapsed, and thereafter such refund agreement will be canceled;
(e) In no event shall a developer recover an amount greater than the difference
between the capitalized cost of such improvements and the developer's own
proportionate share of such improvements;
(f) The City shall not include any interest upon the refund of a developer's
advance;
(g) If the City advances any of the costs of such lines and facilities, the City shall
be reimbursed in full before any payment is made to the developer;
(h) The refunding agreement shall contain a sketch or legal description of the
Rev. 10-04 (Land Development Code)
XVII-48
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(i)
benefited properties; and
The refunding agreement shall be recorded in the public records of Vol usia
County, Florida.
2. If the City enters into a refunding agreement as aforesaid, then a developer or
property owner who makes use oflines and facilities provided by another developer
under the terms of this section shall be required to pay the City for his proportionate
share of the costs of such facilities, as determined by the City. In accordance with
the terms of the refunding agreement, the City shall pay the appropriate share of such
reimbursement to the developer who initially funded the improvements; provided,
however, that the payment will be retained by the City in the event that the developer
has been fully reimbursed by the City or in the event that the reimbursement
obligations of the City has lapsed under the terms of the refund agreement.
21-327.10 - Sewer Capital Charge; Adjustment; Escalation
City Staff shall annually review all fees relating to this Section. All adiustments shall be based on
the percentage change as contained in the CPI (Consumer Price Index - All Urban Consumers) or
ENR (Engineering News Record) index as established/reported in April of each year and shall be
automatically adiusted on October 1 of each fiscal year.
21-327.11 - Sewer Capital Charges for Consumers Outside City Limits
The sewer capital charges established herein, as from time to time adjusted pursuant to Section 21-
327.10, shall be applicable only to consumers located within the corporate limits of the City. The
sewer capital charges for consumers outside the corporate limits of the City shall be the sewer
capital charges from time to time established by the City for consumers inside the corporate limits
of the City plus a surcharge equal to that surcharge established by resolution of the City Council.
Rev. 10-04 (Land Development Code)
XVII-49
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RESOLUTION NO. 2004-R-13
C)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, AMENDING THE SCHEDULE OF
DEVELOPMENTIIMPACT FEES RELATING TO ARTICLE
XVII (DEVELOPMENTIIMP ACT FEES) OF CHAPTER 21
(LAND DEVELOPMENT CODE) TO INCLUDE THE
TRANSPORT A TION/ROAD IMPACT FEES; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. The City of Edgewater has adopted Ordinance No. 2004-0-39 which modifies
Chapter 21 (Land Development Code), Article XVII (Development/Impact Fees), by including
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Section 21-323 (Transportation/Road Impact Fees).
2. Article XVII (Development/Impact Fees) provides for the establishment of charges
relating to costs of all development, capital and impact fees by resolution of the City Council.
3. With a January 1,2005 effective date of Ordinance No. 2004-0-39, it is necessary
for the Council to adopt the applicable schedules of fees relating to transportation/road development,
capital and impact costs.
4. City Staff has studied the anticipated growth of the City and the projections for
necessary equipment and facilities to determine the applicable development, capital and impact fees
to support such growth.
5. At the request of City Council, B&H Consultants, Inc. completed an additional
Transportation Impact Fee Study that was discussed and approved by Council during the Workshop
o Session on September 27,2004.
2004-R-13
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NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1.
Amending the Schedules of Fees.
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Pursuant to Chapter 21 (Land Development Code), Article XVII (Development/Impact Fees),
the applicable schedules of fees set forth in Exhibit "A", attached hereto and incorporated by
reference, is hereby established.
Section 2.
Conflicting Provisions.
All resolutions or parts of resolutions in conflict
herewith be and same are hereby repealed.
Section 3. Severability and Applicability.
If any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect
the remaining portions of this resolution. If this resolution or any provisions thereof shall be held
to be inapplicable to any person, property, or circumstances, such holding shall not affect its
applicability to any other person, property, or circumstance. 0
Section 4.
Adoption and Effective Date.
This resolution shall take effect upon
adoption.
After Motion by
and Second by
the vote on this resolution was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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2004-R-13
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PASSED AND DULY ADOPTED this _ day of
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2004-R-13
, 2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
December, 2004 under Agenda Item No.
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EXHIBIT "A"
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(REFERENCES TO CODE SECTIONS ARE TO ARTICLE
XVII (DEVELOPMENTIIMPACT FEES) OF THE LAND
DEVELOPMENT CODE)
SCHEDULE OF FEES
Pursuant to the requirements established and contained in Ordinance #2003-0-15 as it relates to
Chapter 21 (Land Development Code), Article XVII (Development/Impact Fees) and Ordinance
#2004-0-39, the following Schedules of Fees are hereby modified by City Council.
21-310.04 - Pedestrian System Development Fee Schedule
II PEDESTRIAN SYSTEM DEVELOPMENT FEE RATE SCHEDULE I
Street/Roadway Minimum Development Fee Per
Classification Pedestrian/Sidewalk Width Linear Foot
Local 4 feet $9:3e 9.51
Collector 5 feet $++:63- 11.90
Arterial 6 feet $B:% 14.28
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21-311.04 - Tree Relocation Fee Schedule and Replacement Tree Fee Schedule
Determination of the bond amount and the tree replacement contribution shall be computed based
upon the most current version of the Guide for Plant Appraisal, published by the International
Society of Arboriculture.
21-311.05 - Payment in Lieu of Tree Replacement
Payment shall be $Z:eB 2.05 per square inch of required mitigation in lieu of tree replacement.
2004-R-13
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21-320.03
Recreational Parks and Open Space Impact Fee Schedule
I RECREATIONAL PARKS AND OPEN SPACE IMP ACT FEES I
I LAND USE TYPE I FEE AMOUNT I
RESIDENTIAL
Single Family Detached
2 Bedroom or less $53G.97 549.32
3 Bedroom $574.78 588.00
4 Bedroom or more $710.92 727.27
Single Family Attached
2 Bedroom or less $355.4G 363.64
3 Bedroom or more $G35.29 649.90
Multi-Family
2 Bedroom or less $408.40 417.79
3 Bedroom or more $673.10 688.58
Mobile Home
1 Bedroom or less $279.83 286.27
2 Bedroom $423.53 433.27
3 Bedroom or more $597.47 611.21
Hotel or Motel
Per Room $431.09 441.01
21-321.03 - Fire Impact Fee Schedule
I FIRE PROTECTION AND EMS IMP ACT FEE SCHEDULE I
I Land Use I Development I CallslUnit I Net Net
Unit Cost/Call CostlUnit
Single-Family/Mobile Dwelling/Unit/ 0.200 $1,435.27 $313.G7
Home/Hotel Room 320.88
Multi-Family Dwelling 0.087 $1,435.27 $136.45
139.59
RN Park Pad Site 0.00 $1,435.27 0.00
Retail/Commercial 1,000 sq.ft. 0.146 $1,435.27 $228.98
234.25
2004-R-13
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Office/Institutional 1,000 sq.ft. 0.100 $1,435.27 $156.84
160.45
Industrial/Warehouse 1,000 sq.ft 0.007 $1,435.27 $~
11.23
21-322.03 - Police Impact Fee Schedule
II POLICE IMP ACT FEE SCHEDULE "
I Land Use I Development Functional [];J Net
Unit Unit Cost Cost/Unit
Single-Family/Detached * Dwelling 1.46 $88.68 $141.48
144.73
Single-Family/Attached Dwelling 1.08 $88.68 $104.65
107.06
Duplex! Apartment! Dwelling 0.97 $88.68 $ 94:00
Condominium 96.16
Mobile Home or RIV Park Pad Site 0.80 $88.68 $ 79-:5Z
79.30
HotellMotel Room 2.21 $88.68 $214.15
219.08
Retail/Commercial 1,000 sq.ft. 3.25 $88.68 $314.93
322.17
Office/Institutional 1,000 sq.ft. 1.96 $88.68 $189.93
194.30
Industrial/Warehouse 1,000 sq.ft. 1.16 $88.68 $112.41
115.00
I * Includes mobile homes on single lots. I
2004-R-13
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U 21-323.03 - Transportation/Road Impact Fee Schedule
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I TRANSPORT ATION/ROAD IMP ACT FEE SCHEDULE I
ITE Use Unit Trip Trip % FEE PER
Code Rate Length New unit (or)
Trios 1.000 s.f.
Residential
210 Single Family DU 9.21 4.53 100.00 $1.370.00
220 Apartment DU 6.46 4.77 100.00 $1.012.46
230 Residential DU 5.94 3.45 100.00 $673.83
Condominium/Townhouse
240 Mobile Home Park DU 4.86 3.32 100.00 $530.21
310 Hotel Rooms 8.72 4.78 72.65 $994.75
320 Motel Rooms 6.28 3.47 77.63 $554.74
620 Nursing Home Beds 2.65 2.00 88.50 $153.86
Office and Financial
610 Hospital 1.000 sf 15.78 3.92 81.60 $1.659.64
710 Office under 10.000 sf 1.000 sf 19.45 4.18 93.62 $2.499.54
710 Office over 10.000 sf 1.000 sf 12.72 4.04 94.35 $1.593.15
714 Corporate headquarters 1.000 sf 7.72 3.37 93.00 $793.94
building
720 Medical Office 1.000 sf 36.48 3.72 87.70 $3.907.73
750 Office Park 1.000 sf 15.01 5.63 82.00 $2.274.51
760 Research Center .' 1.000 sf 7.11 4.77 87.00 $967.47
770 Business Park 1.000 sf 16.87 4.69 81.80 $2.125.24
911 Bank w/out Drive-through 1.000 sf 153.98 1.71 35.80 $3.092.80
912 Bank w/Drive-through 1.000 sf 291.04 1.83 51.52 $8.995.93
Industrial
2004-R-13
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110 Light Industry 1.000 sf 6.98 4.68 93.20 $998.83
130 Industrial Park 1.000 sf 8.26 4.99 92.00 $1.244.1 0
140 Manufacturing 1.000 sf 3.82 4.68 93.60 $548.57
150 Warehouse 1.000 sf 4.95 4.59 92.00 $686.00
151 Mini- Warehouse 1.000 sf 2.52 2.99 93.20 $230.57
Retail
812 Building Materials and 1.000 sf 32.88 4.16 69.80 $3.134.68
Lumber Store
816 Hardware/Paint Store 1.000 sf 51.29 6.56 74.00 $8.169.88
820 RetaiL less than 10.00 sf 1.000 sf 144.40 1.39 51.25 $3.367.33
820 RetaiL 10.000 - 99.999 sf 1.000 sf 73.50 1.47 60.50 $2.149.20
820 RetaiL 100.000 - 1.000.000 sf 1.000 sf 27.67 2.17 84.00 $1.654.35
820 RetaiL Greater than 1.000.000 1.000 sf 29.18 2.81 86.00 $2.312.90
sf
831 Ouality Restaurant 1.000 sf 95.63 2.22 77.80 $5.419.87
821 High-Turnover Restaurant 1.000 sf 148.84 2.11 75.35 $7.770.62
834 Fast Food Restaurant 1.000 sf 552.12 1.43 58.04 $15.089.85
CBC Sandwich Shop 1.000 sf 19.30 4.05 100.00 $2.569.17
836 Bar/Lounge/Drinking Place 1.000 sf 130.34 3.17 72.00 $9.776.66
837 Ouick Lube Bays 41.69 2.56 71.13 $2.490.77
840 Auto Care/Detailing 1.000 sf 35.76 2.39 74.32 $2.084.09
841 New and Used Car Sales 1.000 sf 37.20 3.21 78.80 $3.088.52
847 Car Wash 1.000 sf 129.60 1.66 69.00 $4.867.28
849 Tire Store/Auto Repair Bays 30.55 2.09 70.70 $1.484.14
850 Supermarket 1.000 sf 112.18 1.67 53.00 $3.267.69
851 Convenience Store 1.000 sf 755.56 1.02 40.66 $10.305.17
853 Convenience Store w/Gas 1.000 sf 793.28 1.18 28.63 $8.808.25
Pumps
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Convenience Store w/Gas 1.000 sf 940.20 1.91 32.67 $19.238.37
Pumps and Fast Food
862 Home Improvement Store 1.000 sf 38.13 3.09 50.00 $1.934.52
881 Pharmacy/Drugstore w/Drive 1.000 sf 89.89 1.74 41.33 $2.1 16.93
Through
890 Furniture Store 1.000 sf 4.81 4.06 59.12 $379.44
Recreational
General Recreation Parking 3.02 4.43 95.00 $417.07
Space
411 City Park Parking 14.23 2.84 96.67 $1.282.03
Space
412 Maior Park Parking 2.11 4.05 100.00 $280.88
Space
416 Campground/RV Park Space 3.90 4.55 77.00 $448.20
420 Marina Slip 2.97 5.77 94.67 $533.33
Maior Sports Facility Parking 2.10 3.63 100.00 $250.58
Space
Miscellaneous
444 Movie Theater Screens 124.48 1.89 82.12 $6,334.22
560 Church 1.000 sf 9.11 2.97 90.00 $799.42
565 Day Care 1.000 sf 75.13 1.55 73.32 $2.800.18
Ah:port Hanger 1.000 sf 4.96 8.36 92.00 $1.251.97
Veterinary Clinic 1.000 sf 32.80 1.77 70.00 $1.334.52
21-325.01 - Water Capital Charges
A water capital charge is hereby established at $5:-8-8- 6.02 per gallon of potable water capacity or
$1,470.00 1.503.81 (one thousand four hundred seventy dollars) per equivalent residential unit
(ERU). Those persons, corporations or entities who or which have entered into an agreement with
the City providing credits against the water connection fee shall be exempt from paying this water
capital charge.
21-325.06 - System Design; Independent Engineers; City's Engineer
2004-R-13
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Fees for the City Engineer's review/comments on engineering plans relating to all system design 0
shall be borne by each developer. Said developer shall pay all costs incurred for review and
comments related to said review.
21-325.07 - Meter Installation and Connection Fees
I METER INSTALLATION/CONNECTION FEES I
I FEE TYPE I AMOUNT I
Reclaimed Meter Installation Fee $500.00 511.50
Meter Installation Fee 3/4 inch $500.00 511.50
Meter Installation Fee 1 inch $650.00 664.95
Meter Installation Fee 1.25 inch N/A
Meter Installation Fee 1.5 inch $850.00 869.55
Meter Installation Fee 2 inch $1,364.00 1.395.37
turbine meter
Meter Connection Fee 3 inch $1,738.00 1.777.97
turbine meter
Meter Connection Fee 4 inch $3,368.00 3.445.46
turbine meter
Meter Connection Fee 6 inch $3,704.00 3.789.19
turbine meter
Meter Connection Fee 8 inch $6,306.00 6.451.04
turbine meter
Meter Connection Fee 10 inch $8,894.00 9.098.56
turbine meter
Meter Installation Fee 2 inch $2,006.00 2.052.14
compound meter
Meter Connection Fee 3 inch $2,568.00 2.627.06
compound meter
Meter Connection Fee 4 inch $4,044.00 4.137.01
compound meter
Meter Connection Fee 6 inch $7,438.00 7.609.07
compound meter
2004-R-13
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21-325.08 - Inspection Fees
All facilities proposed for transference to the City for ownership, operation and control shall be
inspected to insure all construction/installation was in accordance with approved designs, etc.
Inspection fees shall be borne by each developer with all costs being reimbursed to the City as
determined by the City's consulting engineer.
21-325.12 - Water Capital Charges for Consumers Outside City Limits
All consumers located outside the corporate limits of the City shall be charged the applicable water
capital charges required to be paid by all city residents along with a twenty-five percent (25%)
surcharge as allowed by applicable state statutes.
21-327
Sewer Capital Charges
A sewer capital charge is hereby established at $&5-5 8.75 per gallon of wastewater capacity or
$2,030.002.076.69 (two thousand thirty dollars and nolI 00) per ERU. Those persons, corporations
or entities who or which have previously prepaid the existing sewer capacity charges shall be exempt
from paying this sewer capital charge (Le. Florida Shores assessment area).
For the purpose of calculating and imposing non residential water and sewer capital charges, the
following ERU conversation ratios may be utilized as a reference:
I WATER & SEWER CAPITAL CHARGES I
I EST ABLISHMENT I UNIT I ERU I
FACTOR
Residential:
Single-family detached . per dwelling unit 1.0
Duplex (1-2 bedrooms) per dwelling unit 1.0
Duplex (greater than 2 bedrooms) per dwelling unit 1.0
Multi-family (efficiency) per dwelling unit 1.0
Multi-family (1-2 bedrooms) per dwelling unit 1.0
Multi-family (greater than 2 bedrooms) per dwelling unit 1.0
Mobile home (1- 2 bedrooms) per dwelling unit 1.0
Mobile home (greater than 2 bedrooms) per dwelling unit 1.0
Commercial:
2004-R-13
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Shopping center & retail shopping per 1,000 sq.ft. gross 0.5
Office building (add food service & retail space) per 1,000 sq.ft. gross 0.4
Auditorium per seat 0.02
Laundry, self-service per machine 1.4
Barber/beauty shop per operating station 0.333
Bowling alley per lane 0.333
Theater per seat 0.02
Dinner theater per seat 0.1
Trailer Park (overnight) per space 0.833
Dentist's office per dentist 1.0
Dentist's office per wet chair 0.667
Doctor's office per doctor 1.0
Hospital per bed 0.833
Nursing home per bed 0.5
Automotive service and/or detailing facility per bay 1.0
Automotive care per wash bay 3.2
Automotive care per public restroom 1.5
Convenience store/self service gas pumps per public restroom 1.5
Industrial building .
(not including food service of industrial waste
flows)
Without showers per 1,000 sq.ft. 0.4
With showers per 1,000 sq.ft. 1.25
Hotel or motel per room 0.5
(not including food service, banquet and
meeting rooms, and laundries calculated
separately)
Church per seat 0.02
2004-R-13
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Warehouse per restroom 0.75
per 1,000 sq.ft. 0.2
Per 1,000 sq.ft. 0.75
Grocery store per 1,000 sq.ft. gross 0.75
Food service:
Restaurant/cafeteria per seat 0.1
Restaurant (24 hours) per seat 0.185
Restaurant (fast food) per seat 0.1
Bar/cocktaillounge per seat 0.1
Schools, middle & high per student 0.075
Schools, elementary & nursery per student - 0.033
I RECLAIMED WATER IMP ACT FEE I
TYPE OF DEVELOPMENT FEE AMOUNT
All types $550.00 562.65
21-327.06 - System Design; Independent Engineer; City's Engineer
Fees for the City Engineer's review/comments on engineering plans relating to all system design
shall be borne by each developer. Said developer shall pay all costs incurred for review and
comments related to said review.
21-327.07 - Inspection Fees
All facilities proposed for transference to the City for ownership, operation and control shall be
inspected to insure all construction/installation was in accordance with approved designs, etc.
Inspection fees shall be borne by each developer with all costs being reimbursed to the City as
determined by the City's consulting engineer.
21-327.11 - Sewer Capital Charges for Consumers Outside City Limits
All consumers located outside the corporate limits of the City shall be charged the applicable sewer
capital charges required to be paid by all city residents along with a twenty-five percent (25%)
surcharge as allowed by applicable state statutes.
2004-R-13
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AGENDA REQUEST
Date: Novemher loJ ?004
PUBLIC
HEARING Decem her OJ ?004
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
RUSINESS
CONSENT
TTRM nRSCRTPTTON:
2nd Reading - Ordinance No. 2004-0-31
Dan Robison, Highway 442 Partners, LLC., agent for
Vincent and Pamela Snowden, owners requesting
annexation of 5601.01::1: acres located North of S.R. 442
and east and west of 1-95
Background: This property consists of approximately 5601.01 acres located north of S.R. 442, east and
west ofI-95.
At their regular meeting held on September 15, 2004, the Planning and Zoning Board voted 6-0 to send a
favorable recommendation to City Council for the annexation of the subject property.
At the October 4, 2004, meeting City Council voted 5-0 at first reading to approve the proposed annexation.
STAFF RRCOMMRNTlATION
Staff recommends continuing Ordinance 2004-0-31 to the January 24, 2005 City Council meeting.
ACTION RRQlTRSTRn
Motion to approve the continuation of Ordinance 2004-0-31 to the January 24,2005 City Council meeting.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: 10-4-04
AGENDA ITEM NO.
oA
e~t
G:\planning\Pat\Council agenda\2004\AN-0406 - Hwy 442 partners(2nd reading)rev.doc
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AGENDA REQUEST
Date: November 29. 2004
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE December 6. 2004
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-40
Emestina D. Kayat, owner, requesting annexation of
approximately 37.26:1: acres of land located west of 4100 S.
US Highway I and west of Relocation Road.
OWNER(S): Emestina D. Kayat, Trustee of the Emestina D. Kayat Revocable Trust Agreement.
REQUESTED ACTION: Annexation
PROPOSED USE: There are no proposed changes or improvements to the property at this time.
LOCATION: West of4100 S. US Highway 1 and west of Relocation Road.
AREA: 37.26:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Industrial
ZONING DISTRICT: V olusia County - 1-4 (Industrial Park)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Desif!nation Zoninf! District
North Vacant V olusia County - IndustriallUrban Volusia County-
Low Intensity 1-4 (Industrial Park) and
A-3 (Transitional Agricuiture)
East Manufacturing Volusia County -Industrial Volusia County -1-4 (Industrial
Park)
South Vacant Volusia County -Urban Low V olusia County -A-3
Intensity (Transitional Agriculture)
West Vacant Volusia County -lndustriallUrban Volusia County-
Low Intensity 1-4 (Industrial Park) and
A - 3 (Transitional Agriculture)
AN-0413- kayat
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Background:
This parcel is located west of US Highway I, and 4100 S. US Highway 1, which is currently a manufacturing facility
known as KHS Kayat. The applicant is not proposing any development or improvements at this time.
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The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting
of October 13,2004.
City Council approved the annexation request at first reading held on November 1, 2004. Second reading for this
request was continued from the November 15,2004 City Council meeting.
Land Use Compatibility:
The annexation of this site is compatible with several parcels, which are being annexed at this time (see South US 1
Annexation Report).
Adequate Public Facilities:
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The City
of Edgewater has verified that potable water is available along U.S. 1 and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment: There are no known environmental issues associated with this site.
Consistency with Comprehensive Plan:
The annexation of these parcels is consistent with the Future Land Use elements Projected Land Use Needs.
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Other Matters:
The Comprehensive Plan Future Land Use Map and Zoning Map amendments will come at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-40, annexing 37.26:1: acres ofland located west of 4100 S. US
Highway I and west of Relocation Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-40, annexing 37.26:1: acres of land located west of 41 00 S. US Highway 1
and west of Relocation Road.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: November 15.2004
AGENDA ITEM NO.
6D
t~~~J~
Robin Mdtusick .~
Paralegal
\t..~& ~ .\\OG~ '\.,.\ 'i-
Kenneth R. Hooper \ \ \J
City Manager 0
AN-0413- kayat
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ORDINANCE NO. 2004-0-40
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF 4100 SOUTH U. S. HIGHWAY #1 AND
WEST OF RELOCATION ROAD, VOL USIA COUNTY, INTO
THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Emestina D. Kayat, Trustee of the Emestina D. Kayat Revocable Trust Agreement
o is the owner/applicant for property located west of 4100 South U. S. Highway #1 and west of
Relocation Road, within V olusia County, Florida. Subject property contains approximately 37 .26:t
acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
Q
StlllGk thlOllgh passages are deleted.
Underlined passages are added.
2004-0-40
1
5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGE'V A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter ofthe City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
Shuck tIuOLIgh passages are deleted.
Underlined passages are added.
2004-0-40
2
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on November 1,2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
StltlGk t1l1otl~h passages are deleted.
Underlined passages are added.
2004-0-40
3
The second reading/public hearing of this ordinance was held during the November 15,2004
City Council meeting, and pursuant to a motion from Councilwoman Rhodes and second from
Councilwoman Lichter, the hearing was continued until the December 6,2004 City Council meeting.
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on December 6,2004, was as
follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StutGk tlllot1~h passages are deleted.
Underlined passages are added.
2004-0-40
4
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stl tick till otl~h passages are deleted.
Underlined passages are added.
2004-0-40
5
day of
,2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
December, 2004 under Agenda Item No.
6
"
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EXHIBIT" A"
o
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A part ofU. S. Lots 1 and 2, and a portion of the Northwest 1/4 of Section 24, Township 18 South,
Range 34 East, also known as Parcels G-l, H -1 and a portion of 1-1, and all being more particularly
described as follows:
Commence at the Northwest comer of said Section 24, Township 18 south, Range 34 East; thence
North 87037'43" East, along the North line of said Section 24, a distance of 1,977.01 feet for the
Point of Beginning; thence continue North 87037'43" East, a distance of 1,214.66; thence South
22055'51" East a distance of 701.65 feet to the centerline of a 60 foot road and utility easement;
thence South 86058'19" West, along said centerline, a distance of 128.72 feet; thence South
03041'04" East a distance of663.84 feet; thence South 86018'56" West, a distance of 1,098.41 feet;
thence North 02041'04" West, a distance of 676.40 feet to the said centerline of easement; thence
South 86058'19" West along said centerline a distance of245.76 feet; thence North 02022'17" West,
a distance of 673.71 feet to the Point of Beginning. Containing 37.26 acres more or less. Subject
to an together with the right to use a road and utility easement described as follows:
Commence at the Northwest comer of Section 24, Township 18 South, Range 34 East; thence North
87037'43" East along the North line of said Section 24 a distance of 3,876.74 feet to the Westerly
R/W line ofU. S. Highway No.1, a 158 foot R/W as now laid out; thence South 22055'51" East
along said Westerly R/W a distance of 661.42 feet for the Point of Beginning; thence South
86058'19" West a distance of 2,132.80 feet; thence South 02022'17" East a distance of 60.00 feet;
thence North 86058'19" East a distance of2,155.21 feet to the said Westerly RJW ofU. S. Highway
No.1; thence North 22055'51" West along said R/W a distance of 63.81 feet to the Point of
Beginning. Being a part of Section 24, Township 18 South, Range 34 East.
o
Containing 37.26 ::!: acres more or less.
Shuck t1uotlgh passages are deleted.
Underlined passages are added.
2004-0-40
6
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AGENDA REQUEST
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Date: November 29, 2004
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE December 6. 2004
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-4 I
Trajan Joe Sfera and Persa Sfera and Jon Sfera and Selvie
Sfera owners, requesting the annexation of approximately
12.00:1: acres ofland located west of US Highway I and south
of Relocation Road.
OWNER(S): Trajan Joe Sfera and Persa Sfera and Jon Sfera and Selvie Sfera
REQUESTED ACTION: Annexation
PROPOSED USE: There are no proposed changes or improvements to the property at this time.
LOCATION: West of US Highway 1 and south of Relocation Road
AREA: 12.00:1: acres
CURRENT LAND USE: Vacant
U FLUM DESIGNATION: V olusia County - Industrial
ZONING DISTRICT: V olusia County - I-I (Light Industrial).
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Desitmation Zoning District
North Manufacturing V olusia County - Industrial Volusia County - 1-4
Facility/V acant (Industrial Park) and I -I (Light
Industrial)
East Commercial, Industrial Volusia County- Volusia County - B-4 (General
(Boston Whaler) Commercial/Industrial Commercial)/I-3 W (Waterfront
Industrial)
South Commercial V olusia County - Volusia County - B-4 (General
CommerciallUrban Low Density Commercial)/ A-3
(Transitional Agriculture)
West Vacant V olusia County - Industrial Volusia County - 1-4
(Industrial Park)
Background
This parcel is located just south of 4 I 00 US Highway 1 (KHS Kayat) a manufacturing facility and to the west of Boston
Whaler (see South US 1 Annexation Report).
o
At the regularly scheduled meeting of October 13, 2004, the Planning and Zoning Board voted to send a favorable
recommendation to City Council.
City Council approved the annexation request at first reading held on November 1, 2004. Second reading for this
request was continued from the November 15,2004 City Council meeting.
AN-0409 - S fera
Land Use Compatibility
The annexation of this property and the proposed use is compatible with surrounding current and proposed uses.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water is available along U.S. I and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
Soil types located on this parcel includes Daytona Sand, 0-5% slope and Immokalee Sand. Vegetation types include
Open water; Wet prairie; Scrub Oak; Temperate Hammocks.
Consistency with Comprehensive Plan
The annexation of these parcels is consistent with the Future Land Use elements Projected Land Use Needs, which states:
An analysis of residential lands within the City of Edgewater was conducted to determine current densities and
availability of vacant residential lands. Table 1-3 presents the amount of developable lands by land use category within
the City.
There are 3,498 acres of residential land shown on the Future Land Use Map of which only 3,300 acres are assumed to be
developable. Of this total, roughly 2,460 acres had been developed by 2000. Some ofthe dwelling units projected for
the planning period will be developed in areas which are already committed to residential development. Approximately
30-percent of the existing residential land within the City is estimated to be vacant; this is based upon the large Florida
Shores subdivision and other residential developments that are not built-out.
The Housing Element presents an analysis of the vacant residential land uses within the City of Edge water . The element
identifies the maximum dwelling units per acre that could be accommodated within certain land use categories.
Maximum allowable densities within the City's vacant residential land range between one (I) dwelling unit per 2.5 gross
acres for single-family to 12 units per gross acre for high density.
The Housing Element presents an analysis ofthe demand for future residential land by housing types and density level,
based on current land use categories.
Between 2000 and the year 20 I 0, it is estimated that roughly 3,327 new housing units will be needed within the City of
Edgewater. This projection includes both permanent and seasonal dwelling units. The demand for specific housing types
was based on Shimberg Center for Affordable Housing projections.
Examination of recent building permit activity for the years 1990 to 2000 indicated a strong preference for single-family
housing. Of the total units permitted between this period, roughly 74 percent were for single-family units.
Approximately three (3) percent were multi-family and duplex units, and 23 percent were for mobile homes. From this
analysis and based on total projected housing units, it is assumed that roughly 3,026 single-family and 301 multi-family
additional units will be needed by 2010.
The proportion of current acreage of land use categories to population was used to determine projected land use
categories. As can be seen in Table 1-5, future growth will demand approximately 3,854 residential acres. This demand
was determined based upon a comparison to the existing number of acres per 1,000 residents for each land use category
with modifications for already approved development.
Since the projected future demand for residential acreage is 3,854 acres and the Future Land Use Map only indicates
3,300 future developable acres, there may be a need for annexation or increased density to compensate the demand. The
typical reactions of the market to the demand for housing are anticipated to close the gap between the additional 554
acres that may be needed, considering the ample supply of vacant land currently surrounding the City.
AN-0409 - Sfera
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Other Matters
The Comprehensive Plan Future Land Use Map amendment and the Zoning Map amendment will occur at a later
date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-41, annexing 12.00::1: acres of land located west of US Highway
1 and south of Relocation Road.
ACTION REOUESTED
Motion to approve Ordinance No. 2004-0-41, annexing 12.00::1: acres of land located west of US Highway 1 and
south of Relocation Road.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: November 15. 2004
AGENDA ITEM NO.
6E
Respectfully Submitted By:
~rr--nd.,~\
Robin M~tusick
Paralegal
.'V~ ~~.\-\G~~ ~\-~-
Kenneth R. Hooper \
City Manager \
AN-0409 - Sfera
-,.
ORDINANCE NO. 2004-0-41
v
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND SOUTH OF
RELOCATION ROAD, VOL USIA COUNTY, INTO THE CITY
OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Trajan Joe Sfera and Persa Sfera and Jon Sfera and Selvie Sfera are the
Q owners/applicants for property located west of U. S. Highway #1 and south of Relocation Road,
within V olusia County, Florida. Subject property contains approximately 12.01 i: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
u
Stlllck thlongh passages are deleted.
Underlined passages are added.
2004-0-41
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries ofthe City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4.
Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
Stltl~k t1l1otlgh passages are deleted.
Underlined passages are added.
2004-0-41
2
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading of this ordinance held on November 1,2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
StruGk t1uongh passages are deleted.
Underlined passages are added.
2004-0-41
3
The second reading/public hearing ofthis ordinance was held during the November 15,2004
City Council meeting, and pursuant to a motion from Councilwoman Rhodes and second from
Councilwoman Lichter, the hearing was continued until the December 6,2004 City Council meeting.
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on December 6,2004, was as
follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stl tick till Otlgh passages are deleted.
Underlined passages are added.
2004-0-41
4
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stl tick till otl~h passages are deleted.
Underlined passages are added.
2004-0-41
5
day of
,2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
December, 2004 under Agenda Item No.
6
\
EXHIBIT "A"
o
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A part ofU. S. Lot 1, Section 24, Township 18 South, Range 34 East, and being more particularly
described as follows:
Commence at the N .E. comer of said Section 24, thence N 87037'43" E along the North line of said
Section 24, a distance of3,877.35 feet to the Westerly Right-of-Way line ofU. S. No.1, a 158 feet
Right-of-Way is now laid out; thence S 22055'51" E along said Westerly Right-of-Way a distance
of 693.33 feet for the Point of Beginning; thence continue along said Westerly Right-of-Way line
a distance of350.00 feet; thence S 86058'19" W a distance of265.88 feet; thence S 220255'51" E a
distance of 346.56 feet; thence S 86018'56" W a distance of 774.65 feet; thence N 03041'04" Wa
distance of663.87 feet; thence N 86058'19" E a distance of810.96 feet to the Point of Beginning.
Together with the right to use, for ingress and egress, a 60 foot road and utility easement being
described as follows:
Commence at the NW comer of said Section 24, Township 18 S, Range 34 E, thence N 87037'43"
E along the N line of said Section 24, a distance of3,877.35 feet to the Westerly Right-of-Way line
ofU. S. Highway No.1, a 158 feet Right-of-Way is now laid out; thence S 22055'51" E along said
Westerly Right-of-Way a distance of661.42 feet for the Point of Beginning; thence S 86058'19" W
a distance of 2,132.80 feet; thence S 02022'17" E a distance of 60 feet; thence N 86058'19" E a
distance of2,155.21 feet to the said Westerly Right-of-Way ofU. S. No.1; thence N 22055'51" W
along said Right-of-Way a distance of63.81 feet to the Point of Beginning, being a part of Section
24, Township 18 S, Range 34 E.
o
Containing 12.01 :t acres more or less.
StIl1"k tllIOI1~h passages are deleted.
Underlined passages are added.
2004-0-41
6
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CLINTON CEMETE
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PUBLIC
HEARING
x
BOARD
APPOINTMENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-42
AGENDA REQUEST
Date: November 29,2004
RESOLUTION
CONSENT
,~
ORDINANCE December 6. 2004
OTHER
BUSINESS
Glenn Storch, authorized agent, requesting annexation of
approximately 28:1: acres ofland located west of US Highway
I and north of Clinton Cemetery Road.
REQUESTED ACTION: Annexation
OWNER(S): John Michael and Patricia B. Hickey
PROPOSED USE: Single family residential development
AREA: 28:1: acres
LOCATION: West of US Highway 1, north of Clinton Cemetery Road
CURRENT LAND USE: Single family home and plant nursery
FLUM DESIGNATION: Volusia County - Urban Low Intensity
VOTING DISTRICT: 4
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
SURROUNDING AREA
North
Current Land Use
Vacant
East
Vacant
South
Vacant/Single Family
Residential
Vacant
West
AN-0411 - storch-hickey(2)
FLUM Desi nation
VoIusia County -Industrial
Volusia County - Commercial
Volusia County -Urban Low
Intensi
Volusia County - Urban Low
Intensi
Zonin District
Volusia County -1-1 (Light
Industria!)/ 1-4 (Industrial
Park
Volusia County -B-4W
(General Commercia!)/ B-2W
ei hborhood Commercial
Volusia County -A-3
Transitional A riculture
Volusia County - A-3
Transitional A riculture
;).
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Background
This parcel is located south of the existing City limits and is a portion of the South US 1 Annexation Area. The property
is under contract with a developer who proposes a new single-family residential subdivision, which has not been received
by staff.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of
October 13,2004.
City Council approved the annexation request at first reading held on November I, 2004. Second reading for this
request was continued from the November 15,2004 City Council meeting.
o
Land Use Compatibility
The annexation and proposed use of this parcel is compatible with the surrounding area.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The City
of Edgewater has verified that potable water is available along U.S. I and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
There are no known environmental issues associated with this site, however an environmental impact study must be
approved by the City prior to the development of this property.
o
Consistency with Comprehensive Plan
The annexation of these parcels is consistent with the Future Land Use elements Projected Land Use Needs.
Other Matters
The Comprehensive Plan Future Land Use Map and Zoning Map amendments will come at a later date. This property is
included in the South US I Annexation Report prepared by B&H Consultants.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-42, annexing 28:1: acres ofland located west of US Highway 1,
and north of Clinton Cemetery Road.
ACTION REOUESTED
Motion to approve Ordinance No. 2004-0-42, annexing 28:1: acres ofland located west of US Highway I, and north
of Clinton Cemetery Road.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: November 15.2004
AGENDA ITEM NO.
6F
CY-c~~cJ(
Robin Ma sick "-
Paralegal
\(~&~~o~~~ 9
Kenneth R. Hooper ' \ 1
City Manager
AN-0411 - storch-hickey(2)
2
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"
ORDINANCE NO. 2004-0-42
u
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND NORTH OF
CLINTON CEMETERY ROAD, VOL USIA COUNTY, INTO
THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORA TE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Glenn Storch of Storch & Morris, P.A. is the agent/applicant for John Michael &
o Patricia B. Hickey, the owners of property located west of U. S. Highway #1, north of Clinton
Cemetery Road, within V olusia County, Florida. Subject property contains approximately 28 :!:
acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
o
St1l1ck tIlIon~h passages are deleted.
Underlined passages are added.
2004-0-42
...
.
5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
o
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
o
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
Struck t1uough passages are deleted.
Underlined passages are added.
2004-0-42
2
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PARTE.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on November 1,2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis V incenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
StlUck t1uongh passages are deleted.
Underlined passages are added.
2004-0-42
3
The second reading/public hearing ofthis ordinance was held during the November 15,2004
City Council meeting, and pursuant to a motion from Councilwoman Rhodes and second from
Councilwoman Lichter, the hearing was continued until the December 6,2004 City Council meeting.
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on December 6, 2004, was as
follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StulGk tluong,h passages are deleted.
Underlined passages are added.
2004-0-42
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
StltlGk t1l1otlgh passages are deleted.
Underlined passages are added.
2004-0-42
5
day of
,2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
December, 2004 under Agenda Item No.
6
"\
EXHIBIT "A"
LEGAL DESCRIPTION
o
The following described real property all lying and being in the County of V olusia and State of
Florida.
PARCEL #1
A part of U. S. Lots 1 and 2, and a part of the Northwest 1/4 of Section 24, Township 18 South,
Range 34 East, V olusia County, Florida and being described as follows:
As a point of reference, commence at the Northwest comer of said Section 24, Township 18 South,
Range 34 East; thence South 00034'36" East along the Westerly line of Section 24, a distance of
1,400 feet; thence North 86018'56" East, a distance of3,381.03 feet to the centerline of an existing
Mosquito Control ditch for the Point of Beginning; thence continue North 86018'56" East, a distance
of 189.97 feet; thence South 22055'51 " East a distance of 874.06 feet to the centerline of an existing
60 foot road and utility easement; thence South 87053'15" West along said centerline a distance of
204.53 feet; thence North 24027'31" West, along the said centerline of the Mosquito Control ditch,
a distance of 493.42 feet; thence North 19004'31" West, along said centerline, a distance of371.59
feet to the Point of Beginning. Together with the right to use a 60 foot road and utility easement for
ingress and egress as described below:
A 60 foot road and utility easement between the FEC Railway and U. S. Highway No.1 and being
part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South, Range 34 East as crosses
the attached described property, said easement being that 30 foot strip of land lying each side of a
line described as follows: As a point of reference, commence at the Northwest comer of said Section
24, Township 18 South, Range 34 East, thence South 00034'36" East along the West line of said
Section 24, a distance of2,619.48 feet; thence North 87053'15" East, a distance of2,258.67 feet to
a point on the Easterly R/W line of the FEC Railway, a 100 foot R/W: thence North 22035'17" West
along the said Easterly R/W line, a distance of 178.45 feet to the Point of Beginning: thence N
89049'38" East a distance of 289.97 feet: thence North 67043'02" East, a distance of 993.68 feet;
thence North 87053'15" East, a distance of 1 ,340.95 feet to the termination ofthis description on the
Westerly R/W line ofU. S. Highway No.1
o
PARCEL #2
A part of U. S. Lots 1 and 2 and a part of the Northwest 1/4 of Section 24, Township 18 South,
Range 34 East, Volusia County, Florida, and being described as follows:
As a point of reference commence at the Northwest comer of said Section 24, Township 18 South,
Shuck tluongh passages are deleted.
Underlined passages are added.
2004-0-42
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Range 34 East; thence South 00034'36" East along the Westerly line of Section 24, a distance of
1,400 feet; thence North 86018'56" East, a distance of2,556.75 feet for the Point of Beginning;
thence continue North 86018'56" East, a distance of 824.28 feet; thence South 19004'31" East, a
distance of 371.59 feet; thence South 24027'31" East, a distance of 493.42 feet; thence South
87053'15" West, a distance of289.67 feet; thence South 67043'02" West, a distance of501.80 feet;
thence North 22035'17" West, a distance of 1,027.1 0 feet to the Point of Beginning.
Together with the right to use a 60 foot road and utility easement for ingress and egress described
as follows:
A 60 foot road and utility easement between the FEC Railway and D. S. Highway No.1 and being
part ofD. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South, Range 34 East as crosses
the above described property, said easement being that 30 foot strip ofland lying each side of a line
described as follows: As a point of reference, commence at the Northwest corner of said Section 24,
Township 18 South, Range 34 East, thence South 00034'36" East along the West line of said Section
24, a distance of2,619.48 feet; thence North 87053'15" East, a distance of 2,258.67 feet to a point
on the Easterly RJW line of the FEC Railway, a 100 foot R/W; thence North 22035'17" W along the
said Easterly R/W line, a distance of 178.45 feet for the Point of Beginning; thence North 89049'38"
East, a distance of289.97 feet; thence North 67043'02" East, a distance of993.68 feet; thence North
87053'15" East, a distance of! ,340.95 feet to the termination of this description on the Westerly R/W
line ofD. S. Highway No. 1.
PARCEL #3
A part ofD. S. Lots 1 and 2, Section 24, Township 18 South, Range 34 East lying Easterly of the
Florida East Coast Railway a 100 foot R/W and being more particularly described as follows:
Commence at the Northwest corner of said Section 24; thence South 00034'36" East along the West
line of said Section 24, a distance of 1,400.00 feet; thence North 86018'56" East, a distance of
3,571.00 feet for the Point of Beginning; thence South 22055'51" East, a distance of 874.06 feet;
thence North 87053'15" East, a distance of528.50 feet; thence North 22055'51" West, a distance of
889.42 feet; thence South 86018'56" West, a distance of523.24 feet to the Point of Beginning. The
Southerly 30 feet as measured at right angles to the Southerly line of the above described property
is reserved for a road and utility easement. Together with the right to use a 60 foot road and utility
easement for ingress and egress as described below:
A 60 foot road and utility easement between the FEC Railway and D. S. Highway No.1 and being
part ofD. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South, Range 34 East as crosses
the attached described property, said easement being that 30 foot strip ofland lying each side of a
line described as follows: As a point of reference, commence at the Northwest corner of said Section
24, Township 18 South, Range 34 East, thence South 00034'36" East along the West line of said
Section 34, a distance of2,619.48 feet; thence North 87053'15" East, a distance of2,258.67 feet to
Stl tick till ongh passages are deleted.
Underlined passages are added.
2004-0-42
7
a point on the Easterly R/W line of the FEC Railway, a 100 foot R/W: thence North 22035'17" West
along the said Easterly R/W line, a distance of 178.45 feet for the Point of Beginning: thence North 0
89049'38" East a distance of289.97 feet: thence North 67043'02" East, a distance of 993.68 feet;
thence North 87053'15" East, a distance of 1,340.95 feet to the termination of this description on the
Westerly R/W line ofU. S. Highway No.1.
Excepting from the above Parcel 3, those lands described in Official Records Book 2717, Page 1263,
Public Records of Vol usia County, Florida.
And less and except the following described parcel:
A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast
Railway, a 100 foot R/W, and being more particularly described as follows: Commence at the
Northwest comer of said Section 24; thence South 00034'36" East along the West line of said Section
24, a distance of 1,400 feet; thence North 86018'56" East, a distance of3,571.00 feet; thence South
22055'51" East, a distance of874.06 feet; thence North 87053'15" East, a distance of 189.25 feet for
the Point of Beginning; thence North 87053'15" East, a distance of 15.00 feet; thence North
22055'51" West, a distance of 310.00 feet; thence South 87053'15" East, a distance of 15.00 feet;
thence North 22055'51" West, a distance of31O.00 feet; thence South 87053'15" West, a distance of
150.00 feet; thence South 22055'51" East, a distance of 310.00 feet to the Point of Beginning.
Containing 1.00 acres more or less. The Southerly 30 feet as measured at right angles to the
Southerly line of the above described property is reserved for a road and utility easement. Together
with the right to use the easement described below.
o
Easement - A 60 foot road and utility easement between the Florida East Coast Railway and U. S.
Highway No.1 and being part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South,
Range 34 East as crosses the attached property, said easement being that 30 foot strip of land lying
each side of a line described as follows: As a point of reference, commence at the Northwest comer
of said Section 24, Township 18 South, Range 34 East; thence South 00034'36" East along the West
line of said Section 24, a distance of 2,619.48 feet; thence North 87053'15" East, a distance of
2,258.67 feet to a point on the Easterly R/W line ofthe Florida East Coast Railway, a 100 foot R/W;
thence North 22035'17" West along the said Easterly R/W line, a distance of 178.45 feet for the Point
of Beginning; thence North 89049'38" East, a distance of289.97 feet; thence North 67043'02" East,
a distance of993.68 feet; thence North 87053'15" East, a distance ofl,340.95 feetto the termination
of this description on the Westerly R/W line of the U. S. Highway No.1.
Containing 28:t acres more or less.
Sh nck till ongl. passages are deleted.
Underlined passages are added.
2004-0-42
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PUBLIC
HEARING
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BOARD
APPOINTMENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No, 2004-0-43
AGENDA REQUEST
Date: November 29,2004
RESOLUTION
CONSENT
~.3.
ORDINANCE December 6, 2004
OTHER
BUSINESS
Glenn Storch, authorized agent, requesting annexation of
approximately 2.14::1: acres of land located at 199 Clinton
Cemetery Road.
REQUESTED ACTION: Annexation
OWNER(S): John Michael and Patricia B. Hickey
LOCATION: 199 Clinton Cemetery Road
PROPOSED USE: No proposed changes to the use at this time.
AREA: 2.14::1: acres
CURRENT LAND USE: Single Family Residential
FLUM DESIGNATION: Volusia County- Urban Low Intensity
VOTING DISTRICT: 4
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
SURROUNDING AREA
North
Current Land Use
Vacant
East
Vacant
South
Single Family Residential
West
Vacant
AN-04 I I - storch-hickey
FLUM Desi nation
Volusia County - Urban Low
Intensi
Volusia County - Urban Low
Intensi
Volusia County - Urban Low
Intensi
V olusia County - Urban Low
Intensi
Zonin District
Volusia County - A-3
Transitional A riculture)
Volusia County - A-3
Transitional A iculture
Volusia County - A-3
Transitional A iculture)
V olusia County - A - 3
Transitional A riculture
.
{
Background
This parcel is located south of the existing City limits and is a portion of the South US J Annexation Area. The property
currently contains an existing single-family residence.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of
October 13,2004.
City Council approved the annexation request at first reading held on November 1,2004. Second reading for this
request was continued from the November 15,2004 City Council meeting.
o
Land Use Compatibility
The annexation and proposed use of this parcel is compatible with the surrounding area.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The City
of Edge water has verified that potable water is available along U.S. 1 and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
There are no known environmental issues associated with this site, however an environmental impact study must be
approved by the City prior to the development of this property.
o
Consistency with Comprehensive Plan
The annexation of these parcels is consistent with the Future Land Use elements Projected Land Use Needs.
Other Matters
The Comprehensive Plan Future Land Use Map and Zoning Map amendments will come at a later date. This property is
included in the South US 1 Annexation Report prepared by B&H Consultants.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-43, annexing 2.14:1: acres of land located at 199 Clinton
Cemetery Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-43, annexing 2.14:1: acres of land located at 199 Clinton Cemetery Road.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: November 15, 2004
AGENDA ITEM NO.
6G
Respectfully Submitted By:
~b~~-l\
Robin Ma Sick "-
Paralegal
.~~...~'\2\~~~\~O
Kenneth R. Hooper ) \ \
City Manager
AN-0411 - storch-hickey
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ORDINANCE NO. 2004-0-43
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 199 CLINTON CEMETERY ROAD, VOLUSIA
COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA;
SUBJECT TO THE JURISDICTION, OBLIGATIONS,
BENEFITS AND PRIVILEGES OF THE MUNICIPALITY;
AMENDING THE DESCRIPTION OF THE CITY OF
EDGEWATER CORPORATE LIMITS; PROVIDING FOR
FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOLUSIA COUNTY, THE VOL USIA COUNTY PROPERTY
APPRAISER AND THE DEP ARTMENT OF STATE;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Glenn Storch of Storch & Morris, P.A. is the agent/applicant for John Michael &
u
Patricia B. Hickey, the owners of property located at 199 Clinton Cemetery Road, within V olusia
County, Florida. Subject property contains approximately 2.14 :!: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 ofthe City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
Struck t1l1ot1~h passages are deleted.
Underlined passages are added.
o 2004-0-43
..
,
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
o
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "8", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "8".
3. Pursuant to Section 2.0 I of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4.
Within seven (7) days after adoption, copies of this ordinance shall be filed with the
o
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PARTB.
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,
StlllGk tlUOllgh passages are deleted.
Underlined passages are added.
2004-0-43
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inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
first reading of this ordinance held on November 1,2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
The second reading/public hearing of this ordinance was held during the November 15,2004
City Council meeting, and pursuant to a motion from Councilwoman Rhodes and second from
Councilwoman Lichter, the hearing was continued until the December 6, 2004 City Council meeting.
St1l1ck thlOU8h passages are deleted.
Underlined passages are added.
2004-0-43
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on December 6, 2004, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Shuck tluough passages are deleted.
Underlined passages are added.
2004-0-43
AYE
NAY
day of
,2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
December, 2004 under Agenda Item No.
6
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
PARCEL #3
A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast
Railway, a 100 foot R/W, and being more particularly described as follows: Commence at the
Northwest comer of said Section 24; thence South 00034'36" East along the West line of said Section
24, a distance of 1,400 feet; thence North 86018'56" East, a distance of3,571.00 feet; thence South
22055'51" East, a distance of874.06 feet; thence North 87053'15" East, a distance of39.25 feet for
the Point of Beginning; thence North 87053'15" East, a distance of 15.00 feet; thence North
22055'51" West, a distance of 310.00 feet; thence South 87053'15" East, a distance of 15.00 feet;
thence North 22055'51" West, a distance of31 0.00 feet; thence South 87053'15" West, a distance of
150.00 feet; thence South 22055'51" East, a distance of 310.00 feet to the Point of Beginning.
Containing 1.00 acres more or less. The Southerly 30.00 feet as measured at right angles to the
Southerly line of the above described property is reserved for a road and utility easement. Together
with the right to use the easement described below.
Easement - A 60 foot road and utility easement between the Florida East Coast Railway and U. S.
Highway No.1 and being part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South,
Range 34 East as crosses the attached property, said easement being that 30 foot strip ofland lying
each side ofa line described as follows: As a point of reference, commence at the Northwest comer
of said Section 24, Township 18 South, Range 34 East; thence South 00034'36" East along the West
line of said Section 24, a distance of 2,619.48 feet; thence North 87053'15" East, a distance of
2,258.67 feet to a point on the Easterly R/W line of the Florida East Coast Railway, a 100 foot R/W;
thence North 22035' 17" West along the said Easterly R/W line, a distance of 178.45 feet for the Point
of Beginning; thence North 89049'38" East, a distance of289.97 feet; thence North 67043'02" East,
a distance of993.68 feet; thence North 87053'15" East, a distance of 1,340.95 feet to the termination
of this description on the Westerly R/W line of the U. S. Highway No.1.
PARCEL #4
A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast
Railway, a 100 foot R/W, and being more particularly described as follows: Commence at the
Northwest comer of said Section 24; thence South 00034'36" East along the West line of said Section
24, a distance of 1,400 feet; thence North 86018'56" East, a distance of3,571.00 feet; thence South
22055'51" East, a distance of874.06 feet; thence North 87053'15" East, a distance of 189.25 feet for
Stltlck t1uongh passages are deleted.
Underlined passages are added.
2004-0-43
5
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the Point of Beginning; thence North 87053'15" East, a distance of 15.00 feet; thence North
22055'51" West, a distance of310.00 feet; thence South 87053'15" East, a distance of 15.00 feet; 0
thence North 22055'51" West, a distance of31 0.00 feet; thence South 87053'15" West, a distance of
150.00 feet; thence South 22055'51" East, a distance of 310.00 feet to the Point of Beginning.
Containing 1.00 acres more or less. The Southerly 30 feet as measured at right angles to the
Southerly line ofthe above described property is reserved for a road and utility easement. Together
with the right to use the easement described below.
Easement - A 60 foot road and utility easement between the Florida East Coast Railway and U. S.
Highway No.1 and being part ofU. S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South,
Range 34 East as crosses the attached property, said easement being that 30 foot strip ofland lying
each side of a line described as follows: As a point of reference, commence at the Northwest comer
of said Section 24, Township 18 South, Range 34 East; thence South 00034'36" East along the West
line of said Section 24, a distance of2,619.48 feet; thence North 87053'15" East, a distance of
2,258.67 feet to a point on the Easterly RfW line of the Florida East Coast Railway, a 100 foot RfW;
thence North 22034'17" West along the said Easterly RfW line, a distance of 178.45 feet for the Point
of Beginning; thence North 89049'38" East, a distance of289.97 feet; thence North 67043'02" East,
a distance of993.68 feet; thence North 87053'15" East, a distance ofl,340.95 feet to the termination
of this description on the Westerly RfW line of the U. S. Highway No.1.
Containing a total of 2.14 :!: acres more or less.
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Strl1Gk t1uOl1gl. passages are deleted.
Underlined passages are added.
2004-0-43
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AGENDA REQUEST
Date: November 29. 2004
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE December 6. 2004
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-44
Glenn Storch, authorized agent, requesting annexation of
approximately 6.11:1: acres of land located west of US
Highway I, and north of Clinton Cemetery Road.
OWNER(S): John Michael and Patricia B. Hickey
REQUESTED ACTION: Annexation
PROPOSED USE: No proposed use change at this time.
LOCATION: West of US Highway I, north of Clinton Cemetery Road
AREA: 6.11:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County- Commercial
ZONING DISTRICT: Volusia County - B-2 (Neighborhood Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
Nortlt Commercial Volusia County - Commercial Volusia County - B-4 (General
Commercial)
East Vacant Volusia County - IndustriaVUrban Volusia County - 1-3W
Medium Intensity (Waterfront Industrial)/B-4 W
(General Commercial)
Soutlt Vacant V olusia County - Commercial Volusia County - B-2
(Neighborhood Commercial)
West Vacant Volusia County - Urban Low Volusia County - A-3
Intensity (Transitional Agriculture)
AN-0411 - storch-hickey(3)
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Background
This parcel is located south of the existing City limits and is a portion of the South US J Annexation Area. The property
is under contract with a developer who proposes a new single-family residential subdivision, which has not been received
by staff.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of
October 13,2004.
City Council approved the annexation request at first reading held on November 1,2004. Second reading for this
request was continued from the November 15,2004 City Council meeting.
o
Land Use Compatibility
The annexation and proposed use of this parcel is compatible with the surrounding area.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water is available along U.S. 1 and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
There are no known environmental issues associated with this site, however an environmental impact study must be
approved by the City prior to the development of this property.
o
Consistency with Comprehensive Plan
The annexation of these parcels is consistent with the Future Land Use elements Projected Land Use Needs.
Other Matters
The Comprehensive Plan Future Land Use Map and Zoning Map amendments will come at a later date. This property is
included in the South US 1 Annexation Report prepared by B&H Consultants.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-44, annexing 6.1 U: acres of land located west of US Highway
I, and north of Clinton Cemetery Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-44, annexing 6.1 U: acres of land located west of US Highway 1, and
north of Clinton Cemetery Road.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: November 15, 2004
AGENDA ITEM NO.
6H
r~~.
Robin Matusick ~
Paralegal
.v....~,~\<.\\oa~~ \". 1"0
Kenneth R. Hooper \ \ .
City Manager \
AN-0411 - slorch-hickey(3)
2
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ORDINANCE NO. 2004-0-44
'-.)
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND NORTH OF
CLINTON CEMETERY ROAD, VOL USIA COUNTY, INTO
THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOL USIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Glenn Storch of Storch & Morris, P.A. is the agent/applicant for John Michael &
o Patricia B. Hickey, the owners of property located west ofU. S. Highway #1 and north of Clinton
Cemetery Road, within V olusia County, Florida. Subject property contains approximately 6.112:
acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
u
Stl tlck till otlgl. passages are deleted.
Underlined passages are added.
2004-0-44
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5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
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recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuantto Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
o
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V01usia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
StInGk tlllongh passages are deleted.
Underlined passages are added.
2004-0-44
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PARTE.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on November 1,2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
Stltlck t1l1otl~h passages are deleted.
Underlined passages are added.
2004-0-44
3
The second reading/public hearing of this ordinance was held during the November 15,2004
City Council meeting, and pursuant to a motion from Councilwoman Rhodes and second from
Councilwoman Lichter, the hearing was continued until the December 6, 2004 City Council meeting.
After Motion by
and Second by
the vote on the second reading/public hearing ofthis ordinance held on December 6, 2004, was as
follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StI tick till otl!;h passages are deleted.
Underlined passages are added.
2004-0-44
4
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Struck thlOtlgl. passages are deleted.
Underlined passages are added.
2004-0-44
5
day of
,2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
December, 2004 under Agenda Item No.
6
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A parcel of land lying in Section 24, Township 18 South, Range 34 East, V olusia County, Florida,
being more particularly described as follows:
Commence at the Northwest comer of said Section 24 and run South 00033'52" East along the West
line of said Section 24, a distance of 1,400.00 feet; thence North 86018'56" East, a distance of
4,094.24 feet to the POINT OF BEGINNING; thence continue North 86018'56" East, a distance of
315.08 feetto the Westerly Right-of-Way line ofU. S. Highway Number I (a 158 foot wide right-of-
way); thence South 22055'51" East along said Westerly Right-of- Way line, a distance of898.64 feet;
thence South 87053'15" West, a distance of318.25 feet; thence North 22055'51" West, a distance of
889.39 feet to the POINT OF BEGINNING.
Containing 6.11 .:!: acres more or less.
Subject to an Ingress/Egress and Utility Easement over the South 30 feet as described in Official
Records Book 2067, Page 1766 of the Public Records of Vol usia County, Florida.
Stl tick tIll otlgh passages are deleted.
Underlined passages are added.
2004-0-44
6
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CLINTON CEM
ETERY RD
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AGENDA REQUEST
Date: November 29. 2004
f
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE December 6.2004
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-45
Daniel J. and Christine M. Herman, owners, requesting
annexation of approximately 3.65:<: acres ofland on the
southwest comer of the intersection of US Highway 1 and
Clinton Cemetery Road.
OWNER(S): Daniel J. and Christine M. Herman
REQUESTED ACTION: Annexation
PROPOSED USE: No proposed changes to the use at this time.
LOCATION: Southwest comer ofthe intersection of US Highway I and Clinton Cemetery Road.
AREA: 3.65:<: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Commercial
ZONING DISTRICT: Volusia County - B-2 (Neighborhood Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use
North Vacant
FLUM Desi nation
Volusia County - Commercial
East
Vacant/Manufacturing
Facili
Vacant
Volusia County- Urban Medium
Intensi
Volusia County- Urban Low
Intensi
Volusia County - Urban Low
Intensi
South
West
Vacant
Background:
This parcel is located south of the existing City limits and is a portion of the South US I Annexation Area. There
are no proposals for development at this time.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting
of October 13,2004.
City Council approved the annexation request at first reading held on November 1, 2004. Second reading for this
request was continued from the November 15,2004 City Council meeting.
AN-041O - Herman
Land Use Compatibility:
The proposed commercial designation of this property is compatible with properties located along US Highway 1.
~
Adequate Public Facilities:
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water is available along U.S. 1 and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment:
There are no known environmental issues associated with this site.
Consistency with Comprehensive Plan:
The annexation of these parcels is consistent with the Future Land Use elements Projected Land Use Needs, which states:
"An analysis of residential lands within the City of Edgewater was conducted to determine current densities and
availability of vacant residential lands. Table 1-3 presents the amount of developable lands by land use category within
the City.
There are 3,498 acres of residential land shown on the Future Land Use Map of which only 3,300 acres are assumed to be
developable. Of this total, roughly 2,460 acres had been developed by 2000. Some ofthe dwelling units projected for
the planning period will be developed in areas which are already committed to residential development. Approximately
30-percent of the existing residential land within the City is estimated to be vacant; this is based upon the large Florida
Shores subdivision and other residential developments that are not built-out.
The Housing Element presents an analysis of the vacant residential land uses within the City of Edge water. The element
identifies the maximum dwelling units per acre that could be accommodated within certain land use categories.
Maximum allowable densities within the City's vacant residential land range between one (1) dwelling unit per 2.5 gross
acres for single-family to 12 units per gross acre for high density.
The Housing Element presents an analysis of the demand for future residential land by housing types and density level,
based on current land use categories.
Between 2000 and the year 2010, it is estimated that roughly 3,327 new housing units will be needed within the City of
Edgewater. This projection includes both permanent and seasonal dwelling units. The demand for specific housing types
was based on Shim berg Center for Affordable Housing projections.
Examination of recent building permit activity for the years 1990 to 2000 indicated a strong preference for single-family
housing. Of the total units permitted between this period, roughly 74 percent were for single-family units.
Approximately three (3) percent were multi-family and duplex units, and 23 percent were for mobile homes. From this
analysis and based on total projected housing units, it is assumed that roughly 3,026 single-family and 30 I multi-family
additional units will be needed by 2010.
The proportion of current acreage of land use categories to population was used to determine projected land use
categories. As can be seen in Table 1-5, future growth will demand approximately 3,854 residential acres. This demand
was determined based upon a comparison to the existing number of acres per 1,000 residents for each land use category
with modifications for already approved development.
Since the projected future demand for residential acreage is 3,854 acres and the Future Land Use Map only indicates
3,300 future developable acres, there may be a need for annexation or increased density to compensate the demand. The
typical reactions of the market to the demand for housing are anticipated to close the gap between the additional 554
acres that may be needed, considering the ample supply of vacant land currently surrounding the City."
AN-0410 - Herman
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Other Matters:
o A Comprehensive Plan amendment and rezoning shall occur at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-45, annexing 3.65:1: acres ofland located on the southwest
comer of the intersection of US Highway I and Clinton Cemetery Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-45, annexing 3.65:l: acres of land located on the southwest corner of the
intersection of US Highway I and Clinton Cemetery Road.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: November 15.2004
AGENDA ITEM NO.
61
~.
J\i
Robin atusick ~
Paralegal
~~'V\~~\Q"""
Kenneth R. Hooper '----=="" '\ ~ - \
City Manager
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AN-0410 - Herman
3
,
ORDINANCE NO. 2004-0-45
v
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND SOUTH OF
CLINTON CEMETERY ROAD, VOL USIA COUNTY, INTO
THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOL USIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Daniel 1. and Christine M. Herman are the applicants/owners for property located
<.) west ofD. S. Highway #1 and south of Clinton Cemetery Road, within Volusia County, Florida.
Subject property contains approximately 3.65 :t acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
StrtlGk tluongh passages are deleted.
Underlined passages are added.
o
2004-0-45
1
"
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
o
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City ofEdgewater are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
o
4.
Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
Stl t1Gk tIll otlgh passages are deleted.
Underlined passages are added.
2004-0-45
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading of this ordinance held on November 1, 2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
Stl tlck till otlgh passages are deleted.
Underlined passages are added.
2004-0-45
3
The second reading/public hearing of this ordinance was held during the November 15,2004
City Council meeting, and pursuant to a motion from Councilwoman Rhodes and second from
Councilwoman Lichter, the hearing was continued until the December 6,2004 City Council meeting.
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on December 6, 2004, was as
follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StltlGk tluotlgh passages are deleted.
Underlined passages are added.
2004-0-45
4
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stl tlGk till otlgh passages are deleted.
Underlined passages are added.
2004-0-45
5
day of
, 2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
December, 2004 under Agenda Item No.
6
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A parcel of land being a portion of Government Lot 2, Section 24, Township 18 South, Range 34
East, lying Westerly of and adjacent to U. S. Highway No.1 and being more particularly described
as follows: Commence at the Northwest corner of said Section 24; thence South 00034'36" East,
along the Westerly line of said Section 24, a distance of 1,400 feet; thence North 86018'56" East, a
distance of4,408.69 feet to the Westerly right of way line of said U. S. Highway No. 1; thence South
22055'51" East along the said Westerly right of way line, a distance of 898.64 feet to the Point of
Beginning of the herein described parcel; thence continue South 22055'51" East along the said
Westerly right of way line ofU. S. Highway No. 1 a distance of534.94 feet; thence South 87053'15"
West a distance of318.25 feet; thence North 22055'51" West, a distance of534.94 feet; thence North
87053'15" East a distance of318.25 feet to the Point of Beginning. Subject to a 60 foot road and
utility easement per Official Records Book 2067, Page 1766, Public Records of Vol usia County,
Florida.
Containing 3.65 :t acres more or less.
StltlGk thlongh passages are deleted.
Underlined passages are added.
2004-0-45
6
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AGENDA REQUEST
Date: November 29. 2004
PUBLIC
HEARING
ORDINANCE December 6. 2004
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-46
Glenn Storch, authorized agent, requesting annexation of
approximately 74:J: acres of land located west of US Highway
I and south of Clinton Cemetery Road.
OWNER(S): Belmont Homes
REQUESTED ACTION: Annexation
PROPOSED USE: Single-family residential development
LOCATION: West of US Highway I, south of Clinton Cemetery Road, and west of Terra Mar Village
AREA: 74:J: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County-Urban Low Intensity
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM Desi nation Zonin District
North Vacant/Single Family Volusia County - Urban Low Volusia County - A-3
Residential Intensity /Commercial (Transitional Agriculture )/B-2
ei hborhood Commercial
East Vacant Volusia County- Urban Medium Volusia County - MH-5W
Intensity (Urban Mobile Home)/B-4W
General Commercial
South Vacant Volusia County - Urban Low V olusia County - A-3
Intensi Transitional A iculture
West Vacant V olusia County - Rural Volusia County - A-2 (Rural
A riculture
AN-0412 - Storch-Belmont
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Background
This parcel is located south ofthe existing City limits and is a portion of the South US 1 Annexation Area. The property
is under contract with a developer who proposes a single-family residential subdivision. Proposed plans have not been
received by staff.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular meeting of
October 13,2004.
o
City Council approved the annexation request at first reading held on November 1,2004. Second reading for this
request was continued from the November 15,2004 City Council meeting.
Land Use Compatibility
The annexation and proposed use of this parcel is compatible with the surrounding area.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water is available along U.S. 1 and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be completed and approved by City staff prior to development of this property.
o
Consistency with Comprehensive Plan
The annexation of these parcels is consistent with the Future Land Use elements Projected Land Use Needs.
Other Matters
The Comprehensive Plan Future Land Use Map and Zoning Map amendments will come at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-46, annexing 74:f: acres ofland located west of US Highway I
and south of Clinton Cemetery Road.
ACTION REOUESTED
Motion to approve Ordinance No. 2004-0-46, annexing 74:f: acres of land located west of US Highway I and south
of Clinton Cemetery Road.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE: November 15.2004
AGENDA ITEM NO.
6J
~u-0l
Paralegal
-'L..~& ~~\\oc>~c-. ""\ ~
Kenneth R. Hooper '\ \ 0(0
City Manager
AN-0412 - Storch-Belmont
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ORDINANCE NO. 2004-0-46
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1, SOUTH OF
CLINTON CEMETERY ROAD AND NORTHWEST OF
RIVER PARK BOULEV ARD, VOLUSIA COUNTY, INTO THE
CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOL USIA
COUNTY, THE VOL USIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF ST ATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Glenn Storch of Storch & Morris, P.A. is the agent/applicant for Belmont Homes,
owners of property located west of U. S. Highway #1, south of Clinton Cemetery Road and
northwest of River Park Boulevard, within Volusia County, Florida. Subject property contains
approximately 74:t acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
StlllGk thlOllgh passages are deleted.
Underlined passages are added.
2004-0-46
I
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...
5. During the Planning and Zoning Board meeting on October 13, 2004, the Board
o
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW ATER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries ofthe City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 ofthe Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
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accordingly.
4. Within seven (7) days after adoption, copies ofthis ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PARTB.
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.
StltlGk tlHOl1~h passages are deleted.
Underlined passages are added.
2004-0-46
2
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PARTC.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document. shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by Councilwoman Licther and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on November 1,2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
Stlllck till otl!;h passages are deleted.
Underlined passages are added.
2004-0-46
3
The second reading/public hearing of this ordinance was held during the November 15,2004
City Council meeting, and pursuant to a motion from Councilwoman Rhodes and second from
Councilwoman Lichter, the hearing was continued until the December 6, 2004 City Council meeting.
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on December 6, 2004, was as
follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stltlck tluongh passages are deleted.
Underlined passages are added.
2004-0-46
4
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PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Shtick tluotlgh passages are deleted.
Underlined passages are added.
2004-0-46
5
day of
,2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
December, 2004 under Agenda Item No.
6
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South ~ of U. S. Govermnent Lot 3, located in Section 24, Township 18 South,
Range 34 East, (as measured on the West lineofU. S. Highway No. 1), lying WestofU. S. Highway
No.1 and that part of Section 19, Township 18 South, Range 35 East, lying East of the South Y2 of
U. S. Govermnent Lot 3, Section 24, Township 18 South, Range 34 East and lying West ofU. S.
Highway No.1 and the South 548 feet of that part of the Northeast 1/4 of the Southwest 1/4 of said
Section 24, lying East of the Florida East Coast Railway and the South 548 feet of that part of the
Northwest 1/4 of the Southeast 1/4 said Section 24, lying East of the Florida East Coast Railway.
That part of the North ~ ofU. S. Government Lot 3, located in Section 24, Township 18 South,
Range 34 East (as measured on the West line ofU. S. Highway No.1), lying West of U. S. No.1
Highway and that part of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the
Southeast 1/4 of Section 24, lying East of the FEC Railway except the South 548 feet and except the
North 247.7 feet of the West 990 feet ofthe Northwest 1/4 of the Southeast 1/4 and except the North
247.7 feet of the East 446 feet of the Northeast 1/4 of the Southwest 1/4 of said Section 24.
Containing 74 :!: acres more or less.
StltlGk tIlIotlg'h passages are deleted.
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2004-0-46
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AGENDA REQUEST
Date: November 29, 2004
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE December 6, 2004
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2004-0-47
Robert E. Jalbert, Sr., authorized agent, requesting
annexation of :I: 12.3 8 acres ofland located at 2203 and
2295 Cow Creek Road.
OWNER(S): Paul W. Newsome III, Robert E. Jalbert, Jr. and Asuncion C. Jalbert
REQUESTED ACTION: Annexation
PROPOSED USE: Residential and agricultural
LOCA nON: 2203 and 2295 Cow Creek Road (PID # 8408-01-00-0070 and 8408-01-00-0080)
Q AREA: 12.38:1: acres
CURRENT LAND USE: Single Family ResidentiaVAgricultural
FLUM DESIGNATION: Volusia County - Rural
ZONING DISTRICT: Volusia County - A-2 (Rural Agriculture)
VOTING DISTRICT: 2
SURROUNDING AREA
South
V olusia County - Rural
East
Current Land Use
Borrow Pit / Single
famil home
Single family
Residential
Vacant/Single family
residential
Vacant
FL UM Desi nation
Agriculture with Conservation
Overla
V olusia County - Rural
North
West
Volusia County - Rural
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AN-0403 jalbert
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Background
This parcel is located on the southeast comer of Cow Creek Road and Eels Grove Road. This site currently 0-
contains two (2) single-family homes and a metal building containing shops for woodworking/hobbyist type
uses. Staff has not received any proposed development plans.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular
meeting of December 8, 2004.
Land Use Compatibility
The current use of this property is compatible with the surrounding area, which is residential and agricultural in
nature.
Adequate Public Facilities
This site has access to Cow Creek Road and Eels Grove Road. City water and sewer is not available at this
time. Those facilities must be extended to this site at the developer's expense prior to any further development
of the property. An in-depth analysis of public facility capacity compatibility must be conducted for this
property prior to approval of any development entitlements.
Natural Environment
Soil types include Eau Gallie Fine Sand
Vegetation - Generalized Agriculture Open Water
Consistency with Comprehensive Plan
The annexation ofthese parcels is consistent with the Future Land Use element's Projected Land Use Needs,
which states: An analysis of residential lands within the City of Edgewater was conducted to determine current
densities and availability of vacant residential lands. Table 1-3 presents the amount of developable lands by 0
land use category within the City.
There are 3,498 acres of residential land shown on the Future Land Use Map of which only 3,300 acres are
assumed to be developable. Of this total, roughly 2,460 acres had been developed by 2000. Some of the
dwelling units projected for the planning period will be developed in areas which are already committed to
residential development. Approximately 30-percent of the existing residential land within the City is estimated
to be vacant; this is based upon the large Florida Shores subdivision and other residential developments that are
not built-out.
The Housing Element presents an analysis of the vacant residential land uses within the City of Edge water.
The element identifies the maximum dwelling units per acre that could be accommodated within certain land
use categories. Maximum allowable densities within the City's vacant residential land range between one (1)
dwelling unit per 2.5 gross acres for single-family to 12 units per gross acre for high density.
The Housing Element presents an analysis of the demand for future residential land by housing types and
density level, based on current land use categories.
Between 2000 and the year 2010, it is estimated that roughly 3,327 new housing units will be needed within
the City of Edge water. This projection includes both permanent and seasonal dwelling units. The demand for
specific housing types was based on Shimberg Center for Affordable Housing projections.
Examination of recent building permit activity for the years 1990 to 2000 indicated a strong preference for
single-family housing. Of the total units permitted between this period, roughly 74 percent were for single-
family units. Approximately three (3) percent were multi-family and duplex units, and 23 percent were for
mobile homes. From this analysis and based on total projected housing units, it is assumed that roughly 3,026
single-family and 301 multi-family additional units will be needed by 2010.
The proportion of current acreage of land use categories to population was used to determine projected land 0
use categories. As can be seen in Table 1-5, future growth will demand approximately 3,854 residential acres.
AN-0403 jalbert
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This demand was determined based upon a comparison to the existing number of acres per 1,000 residents for
each land use category with modifications for already approved development.
Since the projected future demand for residential acreage is 3,854 acres and the Future Land Use Map only
indicates 3,300 future developable acres, there may be a need for annexation or increased density to
compensate the demand. The typical reactions of the market to the demand for housing are anticipated to close
the gap between the additional 554 acres that may be needed, considering the ample supply of vacant land
currently surrounding the City.
Other Matters
The Comprehensive Plan Future Land Use Map and Zoning Map amendment shall be completed at a later
date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-47, annexing :1:12.38 acres ofland located at 2203
and 2295 Cow Creek Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-47, annexing :1:12.38 acres ofland located at 2203 and 2295
Cow Creek Road.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~~.:71"~~ ~~& Q \\oo?""- '-0-\0"
Robin Matusick Kenneth R. Hooper \
Paralegal City Manager
AN-0403 jalbert
3
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ORDINANCE NO. 2004-0-47
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 2203 AND 2295 COW CREEK ROAD,
VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER,
FLORIDA; SUBJECT TO THE JURISDICTION,
OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
MUNICIPALITY; AMENDING THE DESCRIPTION OF THE
CITY OF EDGEW A TER CORPORATE LIMITS; PROVIDING
FOR FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY
APPRAISER AND THE DEP ARTMENT OF STATE;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
o
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Robert E. Jalbert, Sr. is the agent/applicant for Paul W. Newsom, III, Robert E.
Jalbert, Jr. and Asuncion C. Jalbert, owners of property located at 2203 and 2295 Cow Creek Road,
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within Volusia County, Florida. Subject property contains approximately 12.00:t acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 2 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on November 17,2004, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
St. nck t1'll ongh passages are deleted.
Underlined passages are added.
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2004-0-47
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NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4.
Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
Stl n,k till ongh passages are deleted.
Underlined passages are added.
2004-0-47
2
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on December 6, 2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StlUGk tluongh passages are deleted.
Underlined passages are added.
2004-0-47
3
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After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on December 20,2004, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Shtick t1l1otl~h passages are deleted.
Underlined passages are added.
2004-0-47
AYE
NAY
day of
,2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th day
of December, 2004 under Agenda Item No.
6
4
'.
EXHIBIT "A"
o
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
PARCEL #1
A part of Lots 7 and 8, Model Land Company's Subdivision of Lots 1 and 2 and fractional Northeast
1/4 of Section 8, Township 18 South, Range 34 East per map in Map Book 5, Page 188 of the Public
Records of Volusia County, Florida, excepting therefrom that part now in Florida East Coast
Railway R/W per Warranty Deed as recorded in Official Records Book 156, Page 57, Public Records
of V olusia County, Florida, all being more particularly described as follows: Commence at the
Southwesterly comer of Lot 9, said Model Land Company Subdivision, said point of commencement
also being the center of said Section 8, Township 18 South, Range 34 East; thence North 01002'59"
West along the Westerly line of said Lot 9, a distance of 660.38 feet; thence North 89036'50" East,
a distance of 428.37 feet to a point on the Easterly R/W line of said FEC Railway R/W, said point
being 300.00 feet Easterly of as measured at right angles to the centerline of said R/W; thence North
17059'46" West along the said Easterly R/W, a distance of205.73 feet for the Point of Beginning;
thence continue North 17059'46" West, a distance of 487.29 feet to the Northerly line of said Lot 8;
thence North 89033'41" East along the Northerly line of said Lots 7 and 8, a distance of790.21 feet;
thence South 01002'44" East, a distance of232.60 feet; thence North 89033'41" East, a distance of
215.00 feet; thence North 01002'44" West, a distance of232.60 feet to the Northerly line of said Lot
7; thence North 89033'41" East along said Northerly line, a distance of 124.42 feet to the Northeast
comer of said Lot 7; thence South 01002'44" East along the Easterly line of said Lot 7, a distance of
330.81 feet; thence South 89035'15" West, a distance of677.98 feet; thence South 01002'52" East,
a distance of 134.40 feet; thence South 89036'50" West, a distance of 309.58 feet to the Point of
Beginning. Excepting therefrom the Northerly 30.00 feet of the above described property for road
purposes. With an easement for egress and ingress over the East 15 feet of the North Y2 of Lot 7.
Less and except that portion deeded in Official Records Book 4359, page 2243, Public Records of
Volusia County, Florida, also:
o
That portion of Lot 8, Model Land Company Subdivision of Lots 1 and 2, fractional Northeast
Quarter of Section 8, Township 18 South, Range 34 East, V olusia County, Florida, lying Easterly
of the centerline of Cow Creek Road, also known as Maytown Road, as it now exists.
PARCEL #2
A part of Lot 8, Model Land Company's Subdivision of Lots 1 and 2 and fractional Northeast 1/4
of Section 8, Township 18 South, Range 34 East per map in Map Book 5, Page 188 of the Public
SbtlGk thlotl&h passages are deleted.
Underlined passages are added.
2004-0-47
5
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Records of Vol usia County, Florida, and being more particularly described as follows:
Commence at the Southwesterly corner of Lot 9, said Model Company Subdivision, said point of
commencement also being the center of said Section 8, Township 18 South, Range 34 East; thence
North 01002'59" West along the Westerly line of said Lot 9, a distance of660.38 feet; thence North
89036'50" East, a distance of 428.37 feet to a point on the Easterly R/W line of the FEC Railway
R/W, said point being 300.00 feet Easterly of and measured at right angles to the centerline of said
R/W and for the Point of Beginning; thence North 17059'46" West along the said Easterly R/W line,
a distance of205.73 feet; thence North 89036'50" East a distance of309.58 feet to the Easterly line
of said Lot 8; thence South 01002'52" East along said Easterly line, a distance of 196.10 feet to the
Southeast corner of said Lot 8; thence South 89036'50" West along the Southerly line of said Lot 8,
a distance of294.61 feet to the Point of Beginning.
A portion of Lot 8, Model Land Company Subdivision, according to map thereof recorded in Map
Book 5, Page 188, of the Public Records of Vol usia County, Florida, and being more particularly
described as follows: Commence at the Southeast corner of said Lot 8, thence South 89036'50" West,
along the Southerly line of Lot 8, a distance of 249.61 feet for the Point of Beginning; said point
being 300 feet Easterly of and measured at right angles to the old centerline of the Florida East Coast
Railway; thence continue South 89036'50" West, a distance of 105.00 feet; thence North 17059'46"
West, and parallel with said centerline of the railroad, a distance of 105.00 feet; thence North
89036'50" East, a distance of 105.00 feet; thence South 17059'46" East, a distance of 105.00 feet to
a point of Beginning.
Q Containing 12.00 :!:: acres more or less.
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Stlttck tliIOt1~h passages are deleted.
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2004-0-47
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AGENDA REQUEST
Date: November 29, 2004
PUBLIC
HEARING
RESOLUTION
x
BOARD
APPOINTMENT
CONSENT
ITEM DESCRIPTION:
1 sl Reading - Ordinance No. 2004-0-48
6.6
ORDINANCE December 6, 2004
OTHER
BUSINESS
Robert E. Jalbert, Sr., owner requesting annexation of
::1:1.15 acres of land located at 3208 Eels Grove Road.
OWNER(S): Robert E. Jalbert, Sf. and Carolyn Jalbert
REQUESTED ACTION: Annexation
PROPOSED USE: Residential
LOCATION: 3208 Eels Grove Road (PID # 8408-01-00-0072)
AREA: 1.15::1: acres
CURRENT LAND USE: Single Family Residential
FLUM DESIGNATION: V olusia County - Rural
ZONING DISTRICT: Volusia County - A-2 (Rural Agriculture)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use
North Borrow Pit
FLUM Desi nation
Agriculture with Conservation
Overla
V olusia County - Rural
East Single family
residential/ A ricultural
South Single family
residential/ A ricultural
West Single family
residential/ A ricultural
V olusia County - Rural
V olusia County - Rural
AN-0404 jalbert
,
,
Background
This parcel is located on Eels Grove Road and has a single-family residence on-site. There are no proposed 0
changes to the current use.
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their regular
meeting of December 8,2004.
Land Use Compatibility
The current use of this property is compatible with the surrounding area, which has a mix of residential and
agricultural uses.
Adequate Public Facilities
This site has access to Eels Grove Road. City water and sewer is not available at this time, but will be required
prior to any further development. An in-depth analysis of public facility capacity compatibility must be
conducted for this property prior to approval of any development entitlements.
Natural Environment
Soil types include Eau Gallie Fine Sand
Vegetation - Generalized Agriculture Open Water
Consistency with Comprehensive Plan
The annexation ofthese parcels is consistent with the Future Land Use element's Projected Land Use Needs,
which states: An analysis of residential lands within the City of Edgewater was conducted to determine current
densities and availability of vacant residential lands. Table 1-3 presents the amount of developable lands by
land use category within the City.
There are 3,498 acres of residential land shown on the Future Land Use Map of which only 3,300 acres are
assumed to be developable. Of this total, roughly 2,460 acres had been developed by 2000. Some of the
dwelling units projected for the planning period will be developed in areas which are already committed to
residential development. Approximately 30-percent of the existing residential land within the City is estimated
to be vacant; this is based upon the large Florida Shores subdivision and other residential developments that are
not built-out.
The Housing Element presents an analysis of the vacant residential land uses within the City of Edgewater.
The element identifies the maximum dwelling units per acre that could be accommodated within certain land
use categories. Maximum allowable densities within the City's vacant residential land range between one (1)
dwelling unit per 2.5 gross acres for single-family to 12 units per gross acre for high density.
The Housing Element presents an analysis of the demand for future residential land by housing types and
density level, based on current land use categories.
Between 2000 and the year 2010, it is estimated that roughly 3,327 new housing units will be needed within
the City of Edge water. This projection includes both permanent and seasonal dwelling units. The demand for
specific housing types was based on Shim berg Center for Affordable Housing projections.
Examination of recent building permit activity for the years 1990 to 2000 indicated a strong preference for
single-family housing. Of the total units permitted between this period, roughly 74 percent were for single-
family units. Approximately three (3) percent were multi-family and duplex units, and 23 percent were for
mobile homes. From this analysis and based on total projected housing units, it is assumed that roughly 3,026
single-family and 301 multi-family additional units will be needed by 2010.
The proportion of current acreage of land use categories to population was used to determine projected land
use categories. As can be seen in Table 1-5, future growth will demand approximately 3,854 residential acres. 0
AN-0404 jalbert
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This demand was determined based upon a comparison to the existing number of acres per 1,000 residents for
each land use category with modifications for already approved development.
Since the projected future demand for residential acreage is 3,854 acres and the Future Land Use Map only
indicates 3,300 future developable acres, there may be a need for annexation or increased density to
compensate the demand. The typical reactions ofthe market to the demand for housing are anticipated to close
the gap between the additional 554 acres that may be needed, considering the ample supply of vacant land
currently surrounding the City.
Other Matters
The Comprehensive Plan Future Land Use Map and the Zoning Map amendment shall be completed
at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-48, annexing :1:1.15 acres of land located at 3208 Eels
Grove Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-48, annexing :1:1.15 acres of land located at 3208 Eels Grove
Road.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
G\-h~ ~;Xdp\~'f'~
Robin atuslc "-
Paralegal
'~~~'Q ~CJ~"h. ~ ":r-
Kenneth R. Hooper \ - \ .
City Manager
AN-0404 jalbert
3
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,
ORDINANCE NO. 2004-0-48
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 3208 EELS GROVE ROAD, VOLUSIA
COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA;
SUBJECT TO THE JURISDICTION, OBLIGATIONS,
BENEFITS AND PRIVILEGES OF THE MUNICIPALITY;
AMENDING THE DESCRIPTION OF THE CITY OF
EDGEWATER CORPORATE LIMITS; PROVIDING FOR
FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOL USIA COUNTY, THE VOLUSIA COUNTY PROPERTY
APPRAISER AND THE DEPARTMENT OF STATE;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
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WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Robert E. Jalbert, Sr. is the owner/applicant for property located at 3208 Eels Grove
Road, within V olusia County, Florida. Subject property contains approximately 1.00 ::!: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
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annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 2 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on November 17,2004, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
Stl tlGk till otlgh passages are deleted.
Underlined passages are added.
2004-0-48
1
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PART A.
ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
Q
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 ofthe Charter of the City of Edgewater, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
o Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
u
StltlGk tluotlgh passages are deleted.
Underlined passages are added.
2004-0-48
2
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on December 6,2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Shnck tluongh passages are deleted.
Underlined passages are added.
2004-0-48
3
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After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on December 20,2004, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
StltlGk tluotlgh passages are deleted.
Underlined passages are added.
2004-0-48
AYE
NAY
day of
,2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th day
of December, 2004 under Agenda Item No.
6
4
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A part of Lot 7, Model Land Company, Subdivision of Section 8, Township 18 South, Range 34
East, as shown on map in Map Book 5, Page 188, of the Public Records of V olusia County, Florida,
and being more particularly described as follows: Commence at the Southwesterly corner of Lot 9,
said Model Land Company Subdivision, said point of commencement also being the center of said
Section 8, Township 18 South, Range 34 East; thence North 01002'59" West along the Westerly line
of Lots 8 and 9, said Model Land Company Subdivision, a distance of 1 ,320.75 feet to the Northwest
corner of said Lot 8; thence North 89033'41" East along the Northerly line of said Lots 7 and 8, a
distance of 1,016.56 feet for the Point of Beginning; thence continue North 89033' 41" East, a
distance of 215.00 feet; thence South 01002'44" East, a distance of 232.60 feet; thence South
89033'41" West, a distance of215.00 feet; thence North 01002'44" West, a distance of232.60 feet
to the Point of Beginning, excepting therefrom the Northerly 30.00 feet to road purposes, containing
a net acreage of 1.00 acre.
Containing 1.00 :!: acres more or less.
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2004-0-48
5
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AGENDA REQUEST
Date: November 30, 2004
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT 12/6/04 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Request for appointment to the Edgewater Library Board due to the resignation of Jeanne Foster.
Request for re-appointment to the Edgewater Library Board due to the term of Chairwoman Jean Haughwout
expmng.
BACKGROUND:
Jeanne Foster was appointed to the Library Board on March 5, 2001 and her current term expired March 5,
2004. Ms. Foster does not wish to be reappointed to the Library Board and has submitted a letter of
resignation, which is attached.
Chairwoman Jean Haughwout was appointed to the Library Board on October 8, 1979 and her current term
expired March 5, 2004. Mrs. Haughwout has submitted a letter requesting to be reappointed to the Library
Board, which is attached.
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STAFF RECOMMENDA TION:
At the November 2, 2004 meeting of the Library Board, they unanimously voted to recommend the City
COiiiiCil-appo-iiifD-elores Sha~ for a three-year term. A recommendation is also being made to re-appoint
Chairwoman-Jean-Haugliwout for another three-year term.
ACTION REOUESTED:
Motion to appoint Delores Shaw for a three-year term to the Edgewater Library Board. Motion to reappoint
Chairwoman Jean Haughwout for a three-year term to the Edgewater Library Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES
DATE: AGENDA ITEM NO.
NO X
Respectfully submitted,
~ ~~-----
Lisa Bloomer
Library Board Recording Secretary
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January 15,2004
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Mayor Donald Schmitt and Edgewater City Council
City of Edgewater
POBox 100
Edgewater Florida 32132
Dear Mayor Schmitt aild City Council Members:
It is with regret, I must for health reasons resign my appointment to the Edgewater Public
Library Board. I will attend the March 7th, 2004 meeting to help the Board find a
replacement.
I appreciate having the opportunity to serve. on the Board for the past 3 years.
Sincerely,
(~ ~ -
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Jeanne M Foster
3118 Royal Palm Drive
Edgewater Florida 32141
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November 8, 2004
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Mayor Donald A. Schmidt
City of Edgewater
104 North Riverside Drive
Edgewater, FL 32132
Dear Mr. Schmidt,
It has been brought to my attention that my term on the Edgewater Ubrary Board has
expired. I would like to be considered for re-appointment, if it is your pleasure.
Si ncerely,
~~
Jean Haughwout
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10-25-04Al0:37 RCVD
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APPLICATION FOR APPOINTMENT TO CITY
BOARDS AND COMMITTEES
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NAME /) 0 L-() ~=~ S;-l;;rw
ADDRESS ) 0 ~/ iJ e-~ K/)c,. e C-r
HOME PHONE '18'6- c!)-g<!;U f? BUSINESS PHONE
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a~ ezJ/trt5/L-- r (/.5 2-/3 :b
OCCUPATION
Are you a registered voter?
Is your
v e;~ Voting District 7 ~ /G8c/fJC1
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a resident of Edgewater YES How long (/ Y l~"
principal place of employment in Edgewater? Ai a LS-/I/i.iJ'lJ
if yes how long?
your interest in serving on a Ci y board or
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Are you
or corrrrnittees?
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Have you ever served on any boards or corrrrnittees? {voT I~ so, list each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANC:IAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_____ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
_____FIREFIGHTERS PENSION BOARD
SIGNATURE 1) ~J. ~.
_____GENERAL EMPLOYEES PENSION BOARD
~LIBRARY BOARD
_____RECREATION & CULTURAL SERVICES
_____PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_____VETERANS PARK ADV. COMMITTEE
DATE:
/6/.2-3/0 Y
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*SEE REVERSE SIDE FOR LISTING OF BOARDS AND COMMITTEES (Revised 2-7-03)
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APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMlnEES
NAME_0- C?r-1\ c... ; 5 (.,0 ~. '"\:); a."'L. TJ I ~
PO 130K L..-r~ f'Je....J Sr<l(rY'c....) Pi Se,lfO
ADDRESS '/"30<:6 T(~"eJe~s ,?a.,I~ orl ~J~eu/a. Ter, r I
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OCCUPATION 5tu1vAe-
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Are you a resident of Edgewater Y ~ 'S
long 1-' '1 eQr5
Is your principal place of employment in Edgewater? t1 0 if yes how long?
Briefly state your interest in serving on a City board, agency or committee: -;;; oKer a...
How
:os .ci \l e. 0 V"
. ~er f04lf i~d
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CO~ 0....-1 e..cOl"1oyMtC
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'Vo/v-?Ic.. ~v>'lt:Lf De~~r" ~lL 6-1c:..cubve (oV"'l'J"1; -the..
Are you a registered voter? Y e'S,
Are you employed by the City? ~ 0 Do you hold public office? ,J 0
At the present time, do you serve on any other Boards, Agencies, or committees? 'I€!<; If so, list
each: 'VtfJ (V) ; ~ I:)ep- 0(;.. ( 4- k)c. b ~ e. v-l::1 v e ( D "" "" ,-tc-e~
Have you ever served on any boards, agencies, or committees? Naif so, list each:
(BOARD, AGENCY AND COMMITrEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
1-ANIMAL CONTROL BOARD
2.CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
'/-ECONOMIC DEVELOPMENT BOARD
LFIREFIGHTERS PENSION BOARD
I ~GENeRAL EMPLOYEES PENSION BOARD
'2-L1BRARY BOARD
t.RECREA TION & CULTURAL SERVICES
iPLANNING & ZONING BOARD
'-LPOLlCE PENSION BOARD
~VETERANS PARK AD~MITTEE
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THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 '
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APPLICATION FOR APPOINTMENT TO'CITY
BOARDS OR, COMMITTEES,
'DA-fJ ,Cl2riEL-L ' i2iOiduu:;:22 , 'Ar-JC':f~;!~i.,
1~/r ';1)fi; '~ -. .
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HOME PHONE ,$?t. ' l(2 g -I/P-~~ " BUSINESS PHONE
'OCCUPATION ,~~, '~IZ ?e-pIJ
,Are you, a resident, of Edgewater Ye'r, ' How long
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NAME '
:ADDRES'S
5Pt - lf2./.. ,9IPtf'
Diil--.2.
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Is your principal "place of 'empl~yment ih Edgewater? ',' y~>
, if yes how long? ,l to - . F(,.
,Bt.i,eflY state your int,erest in serving on a City ooard or
committee: ,J~' :J:~rED '.:7#" ~ " ;:::;;..,-w~ ~p r;;4?w~.
.::::7:'wo''''(.1)' L;~e- ','/0, f-h;-L.p ~E7i' ~...:Tf ~In~$ fr' S/I'1/rU. TOk/N
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Are,you a register~d ~oter? Y~$ .
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"Are you ez:np~oyed'by th~ City? j1(.,'DOYOU :ho14 ,p~biic' 'O~fice? '1/ b '0" '
,At,1!:e' preseht 1:;ime~ dQ,' you: serve on any'other, Boards ,orcoinmittee.s?
o ,If so;. list each:
" ,
Have you eve!; serveQ. on any boards, agencies, r co~tte~s? Yi!:.r Iis6,
liAt each:: f1'~r Ik~-r go~a1> w'JJ.-s oU /""&vS1fJ/,/
if (7 Jrrl,o - C,,,,-'7. 0 r- t:rf) hE: W A--r1?:' tL ". "
, (BC;)AIU? AND COMMITTEE MEMBERS MAY BE, REQUIRED, TO FILE, WITH THE STATE,
FINANCIALDISCL9S~FORM;8:~CB~), "
. .' '". PLEASE .:mDiCATE BOARDs. OR COMMX~TEES YOU ~. .
WoULD LIKE, TO SE~VE ON AND RANKTBEM ACCoRDING, TO CHOICE BY NUMBER
LGENERAL EMPLOYE~S PENSION" B,OARD
,S- AN;i.oo, 'CONTROL BOARD', , '
~CI~IZ~N'CODE ENFORCEMENT BOARD
, ~CONSTRU~TiON REGULATI.bN BO~ri
, '-I' :ECONOMIC DEVELOPME~T' BOARb
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, 'lFIREFIGHTERS 'P;E~S'ION' 80M? " "
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'SIGNATURE.' . ,',' 'ht K ~ ' ,. ..
, SEE REVERSE SIDE ,FOR BOARD JMi(o COMMITTEES LISTINGS
, , ,
~RECREATION & CULTURAL SERVICES
~PLANN,ING ~'ZONI~G BOARD,'
/0 POLICE PENSION BOARD
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~V.ETE~S,'PARK ADV. COMMITTEE
, ,
, DATE:
,(2,-10-03 )
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APPLICATION FOR APPOINTMENT TO 10 -26-04 A 11 : 27 RCVD
CITY BOARDS AND COMMITTEES
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Home Phone 5 tG - t.{ if ~ -4" ~ g .: Business Phone
Occupation ~ V~{ It eis. tf) "'"' 11 e V'
Are you a registered voter? --{ ~ ~ Voting District
Are you a resident of Edgewater? i e. t; How long?
Is your principal place of employment in Edgewater? ,Ie <;
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Name
Address
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If yes how long?
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Briefly state your interest in serving on a City board or committee:
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Are you employed by the City? ~ Do you hold public office?
. V At the present time, do you serve on any other Boards or committees?
A/e:I
If so, list each:
A/' IJ Nt e..
Have you ever served on any boards or committees?
~
If so, list each:
~
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
5- CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
~ECONOMIC DEVELOPMENT BOARD
_FIREFIGHTERS PENSION BOARD
_GENERAL EMPLOYEES PENSION BOARD
~YBOARD
lRECREA TION & CULTURAL SERVICES
A~LANNING & ZONING BOARD
POLICE PENSION BOARD
Signature
(REVISED
TERANS PARKADY. COMMITTEE
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AGENDA REQUEST
CM: 2004-77
ct.\L\.
Date: November 19.2004
PUBLIC
HEARING
ORDINANCE
RESOLUTION
\
BOARD
APPOINTMENT
OTHER
BUSINESS December 6. 2004
CONSENT
ITEM DESCRIPTION:
ParkTowne Industrial Center: Timaquan Trail drainage improvements.
BACKGROUND:
J.R. Merrell Construction, Inc., has proposed to construct Pond #3 which will hold stormwater runoff
from the On Solid Ground site. Schedule of values include: general conditions and supervision, survey
and layout, clearing, stormwater system, excavate, grading and sod for a total sum of $90,000. The
pricing of this project is based on the work being done concurrently with the same phase of work for the
On Solid Ground project.
Gierok Engineering originally submitted stormwater plans for the On Solid Ground (Marsha Correia
owner) project showing stormwater being directed to two (2) collection points at the front comers of 421
Timaquan Trail site. A revision to the submitted plans calls for directing the stormwater across the site
into a pond to be constructed to the south. The layout and grading plan was revised by Gierok
Engineering, Inc. August 30, 2004. Based on the estimated costs submitted by John Merrell
Construction, Inc. for relocating the stormwater, the City of Edge water would reimburse Marsha Correia
$19,000.
Other quotes for the work were obtained and Merrell Construction offers the best construction price.
STAFF RECOMMENDATION:
Staff recommends approval of notice to award contract to J.H. Merrell Construction, Inc., for the
construction of Pond #3 for a sum of $90,000.00 and reimbursement of$19,000.00 to Marsha Correia
for stormwater improvements to Timaquan Trail.
ACTION REOUESTED:
Motion to award contract to J .H. Merrell Construction, Inc., in the amount of$90,000.00 for construction
of Pond #3 and reimburse Marsha Correia $19,000.00 for stormwater improvements to Timaquan Trail.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
\~~~\.~~ ~ -r
Kenneth R. Hooper '\ U
City Manager
I:\Iiz _ docs\agendarequests\timaquandrainageimprovement
V~~-~1-~4 WEU eS:Zl AM MER
386 239 0072
J.H. MERRELL CONSTRUCTION CO.J INC.
';130 ORANGE AVENUE
DAYTONA BEACH. FL 32114
...
Telephone 386-253-0471
Fa)'; 386-239-0072
MEMO/TRANSMITTAL
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DA TE: November 30. 2004
TO: City of Edgewater
ATTN: Liz McBride
VIA: Fax 386/424-2421
PAGES: 9 Including Transmittal
FROM: John Merrell
SUBJECT: Parktowne Industrial Center Pond #3
Revised Contract, Project Summary, Schedule of Values
In response to your request, attached are revised Contract, Project Summary and Schedule of
Values for the ahove referenced project. Please review and let us know if you need anything
further.
Please note that the contract price has increased to cover remobiJizatiol1 costs for the land clearing.
We do not expect any further cost increases unless commencement is delayed beyond mid-
December.
If the city Ilnds the contract documents acceptable, please make sure that any necessary
permitting, notices and other requirements of regulatory agencies have heen done within the
required time limits.
Thanks
P.01
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J.H. MERRELL CONSTRUCTION CO.. INC.
CONSTRUCTION CONIRACT
Pond #3 Layout and Grading
Timucuan Trail
parktowne Industrial Center
Edgewater, Florida
This Agreement, made and entered into this 29tl1 day of November, 2004, by and between the Cily of
Edgewater, Florida, of P.O. Box 100, Edgewater, Florida 32132, (hereinafter referred to a~ "Owner") ancl
J.H. Merrell ConstlUction Company, Inc. (her~inafter referred to as "Contractor"):
Whereas, the City of Edgcwater is the owner ofthe following described real property located in Volusi<.!
County, Florida, Tax Parcel num berto be assigned, Legal Description attached hereto as "Exhi bit ^".
Wherea.;;, Contractor will construct upon snid property building (s) or alterations thereto, or other work
required in the Contract Documents listed in Section 12 oHhis Contract and hereinafter referred as
"Project" and
Whereas, J.n. Merrell Com;truction Company, Inc., a Florida state certified Building Contractor
#C13COI4602, authori7.ed to do construction work within the State of Florida, has agreed with said Own~r
to complete the Project in accordance with the plans, specifications and other Contract Documents herein
referred to for a fixed price.
ONow therefore, it is mutually agreed as follows:
1. Contract Sum: The Owner shall pay the Contractor for the performance of this Agreemenl su~jt:ct to
any additions or deductions, in current funds, until the full sum of Ninety Two ThousCJn.~L and
00/100 dollars i~92.000.00) is paid in full, which sum is the full and complete price for the wor!.
included in the Project described in the plans, Project Summary and other Contract documents. The
Contract Sum i:3 ba.:>ed upon certain allownnce5, a::; set forth in Addendum H 1 att<\ched hereto.
2. Construction Funds: Upon execution of this contract the Owner shall pay to the Contractor the sum
of $9.200.00 cash or certified check. The aforementioned payment shall be deemed the Contract
Deposit and shall be applied towards initial and interim expenses and shatl he deducted from the
last installment payment.
In the event of a default in payment, pursuant to the terms hereof, Contractor shall be entitled tn
look towards said Contract Deposit monies for payment of any amounts due and owing in addit ion
to pursuing any and all other legal remedies which Contractor may have. Prior to commencement
of construction, the Owner shall have obtained all funds for the construction of said Project, and
said funds shall be designated solely for this project and shall be used for no other purpose. By
executing this agreement, Owner hereby verifies that said funds have beon so designated and agrees
to the conditions of this paragraph. Contractor shall be paid in installments in accordance with the
following:
o
Page) of5
City of Edgewater
Parktowne Pond 3
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386 239 0072
P.03
...
Progress Pa:t.ments: Requests for Payment based on pcrccntage of completion of work listed 0
Schedule of Values provided by Contractor may be submittcd as frequently us once monthly. on
before the fifteenth of each month. Funds shall be disbursed directly to Contl'"actor. and 10 no Qther
party or entity, in the fun amount of each Request for Payment, within thirty (30) day::; after th~ dale
of the Request for Payment. In the event any installment is not paid within thirty (30) da)':-i or
Req uest for Payment, Contractor may stop work until payment is made and f()r flve (5) del y:-;
thereafter. In the event any installment is not paid v.;thin ten (10) days after it is due. Contractor
may tClke such action a:; may be: necessary, inclUding legal proceedings. to enrorc<:: hi:; right:-;
hereunder.
Lien Releases, Affadivits, and Final Payment: After the first Progress Payment. Contractor shall
include with each subsequent Request for Payment a release of lien from each and every vendor
who has filed Notice to Owner, for all work completed through the immediately preceding
Payment. After the Project is ready for occupancy or intended use, a~ evidenced by issuance nf
Certificate of Occupancy by applicable governing agency, and after Contractor has bc:cll paid :In
less than 90% of the total contract amount. Contractor shall deliver to Owner or his rcprcsclllal ivc
an affidavit setting forth that no person. tirm or corporation shall have any right to a lien or other
encumbrance upon the property incurr~d by the Contractor in the construction of the Proj~d. Upon
delivery of the affidavit by the Contractor the final payment shall be paid. whereupon this contract
shall be deemed fully perfonned and completed.
3. Scope of Work: Contractor shall secure all of the materials and perform all of the work required to
complete the Project in accordance with the plans, Project Summary and other Contract Documents
attached hereto at the above described real property in accordance with the Project SUnlmaO
attached hereto and made a part hereof by reference, drawings and other Contract DocLlmen .
attached hereto which are further made a part hereof and identified by the signaturcs of the Owner~
and the Contractor on each and every page thercof. Contractor shall do everything requircd by this
agreement in accordance with the terms hereof and said Project Summary, drawings and other
Contract Documents. In the case of a discrepancy betwccn drawings and Project Summary the
Project S'ummary shall govem as to conditions, methods, materials, and nature of the work included
in the Contract.
Should concealed conditions encountered in the performance of the Work below the sllrl~lcc or the
gfOUlld or should concealed or Llnknown conditions in an existing stmcture be at variance with the
conditions indicated by the Drawings, Project Summary, or Owner- furnished information or should
unknown physical conditions below the surface of the ground or should concealed Or unknown
conditions in an existing stmcture of an unusual nature, differing materially from those ordinarily
encountered and generaJIy recognized as inherent in work of the character provided l()r in this
Agreement, be encountered, the Contract Sum and the Contract Time Schedule shall be cquitubly
adjusted by Change Order upon claim by either party made within a reasonable time after the l'ir~t
observance of the conditions.
4.
Additions and Deletions: Any additions or deletions to the work to bc performed and the cost
th~reof under this contract shall be approved by the Owner and the Contractor and shall be set forth
in written Change Order duly executed by the respectivc parties. The Owner shall be responsible
for any additions requested and/or approved by the Owner, including the Contractor'::; fce hereon.
o
Page 2 of 5
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Parktowne Pond 3
11/29/2004 3 :08 PM
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DEC-01-04 WED 08:24 AM MER
P.04
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9.
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386 239 0072
The Owner shall pay the Contractor for Change Orders resulting in additional cost as the work is
performed, in accordance with the terms of Section 2 of this document.
5.
Insurance: Contractor shall provide and maintain Contractor's liability insurance and Workt: r:; ,
Compensation coverage as required by law. At the Owners' request, Contractor shall provide l() l,lC
Owncr evidence of said insurance in the form of a Certificate of Insurance issu~d by Comraclor':-;
insurance agent. The Owner shall purchase and maintain for the entire duration of the Project
liability insurance and property insurance upon the entire work to the full insurable value thcrcor
This insurance shall include the names and the interests of the;: Owm::r emu the Contractor and :>h<lll
insure against the perils of fire and extended coverage and shall include "ali risk" insurance I(.>r all
physical loss or damage including but not limited to theft, vandalism and malicious mischicC Any
payments tor losses insured herein shall be made payable to the Owner and the Contractor jointly
and further adjusted as their interests may appear.
6.
Access: The Owner shall provide the Contractor and all personnel associated with cunstrllction or
the Project free access to the building site at all times prior to the start of construction and ul all
times during construction.
7.
Responsibilitv: Contractor shall not be responsible for claims arising from or related to impl'Jpcr
placement of boundary stakes or building stakes by persons other than those in direct employ of'the
Contractor, or from violations of applicable zoning, deed restrictions or other restrictions anecting
the property, or encroachments into easements or rights-of-way of which the Contractor ha~ not
been advised nor shaH Contractor be responsible for damages to persons or properly occasioned by
Owner or Ovvner's agents. third parties, acts of God or other causes beyond the Contractor's contrr;I.
The Owners shall hold Contractor hanllless from, and shall indemnify Contractor for all costs,
damages, losses. and expenses, including judgments and attorney's fees, resulting from claims
arising from causes enumerated in this paragraph.
8.
Time of Commencement and Completion: 1be work to be performed under this agreement sh:;.11 b-.:
commenced on or before December I?, 2004, providing that all permits have been issued and all
conditions of the Constmction Contract have been met. The Contractor shall perform the work in all
efJicient, workmanlike and timely manner until the project is complete. If conummcement i:-;
delayed beyond the specified date through no fault of the Contractor, or if, prior to commencement.
the Project is affected by cost increases due to circumstances beyond the Contractor's contml, the
Contractor shall have the option of ruaking necessary adjustments to the Contract Sum and
completion date by written Change Order. subject to Owner's approval. If Owner docs not approve
said Change Order; contract shall be null and void, and all funds paid under Paragraph 2. less
reasonable out of pocket expenses incurred by Contractor for work performed 011 thc projecl, shall
be refunded to the Owner. Prior to commencement of construction. Owner shall cause lo be
recorded a Notice of Commencement in the Public Records of the county in which the Project is
located.
Agreement: This Contract together with Addenda. Exhibits, plans, standards and sp~ci ficalions
attached hereto and signed by the Owner and the Contractor represents the entire agree1l1ent
between the parties hereto, and may not be modified or omitted except in writing executed by hoth
portic5. No repr~st:nl(ttion other than provided herein shall be binding upon either party.
Page 3 of.5
City of Edgewater
Parktowne Pond 3
( 1 a9/2004 3 :08 PM
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386 239 0072 . ______ . .
P.05
'.
o
II. Attorney's Fees and Costs: In connection with any litigation, including appellate proceedings,
arising fro In this contract, the prevailin.g party shall be en.titled to recover reasonable attorney's fees
and Costs.
12. Contract Documents:. The aforementioned Contract Documents consist of the following, ~iglled
each and every page by the Owner and the Contractor:
A. Construction Contract:
B. Addendum # J :
C. Project Summary:
Every page initialed by Owner and Contractor
Allowances
Dated November 30, 2004, every page initialed by Owner and
Conh'aotor.
Pond 3 Layout and Grading Plan by Gierok Engineering, Inc.,
Sheet 1 of 1, last revised 8/30/04, stamped "Contract Plnlls"
and signed by Owner and Contractor.
D. Contract Plans:
.~'t."l~~"t~~
~ ~~~~.J
k~--- ~'-O
~<:., .
Constnlction details shall comply with On Solid Ground Site
Plan by Gierok Engineering, Inc. (last revision 8/30104) where
applicable. Any construction details required by the On Sol id
Ground site plan which need clarification shall comply with
Altic1e V of the April 2004 edition of the City of Edgcwater
Land Development Code. The incorporation of the above
referenced documents in this paragraph is not intended to 0
introduce any elements of work not clearly shown on the Po~
3 plans, nor to add to the scope of work included in this
contract, but is intended to provide cla.rification if needed. Any
additional work required due to compliance with the abovc
referenced documents shall be added to the contract by change
order.
E. Exhibit A:
Legal Description, attached
13. Special Clauses:
A. The provisions of this Agreement shall survive the closing of this Agreement and conti nUe
to be enforceable. The Agreement shall be govemed in aJI respects by the laws of the State
of Florida. and venue for any action hereunder shall be Volusia County, Florida. The
language used in this Agreement was chosen by the parties to express their mutual interest.
and no rule of strict constn!ction' shall be applied against either party.
D. Pricing of the work included in this agreement is based on the condition that all work is to
be done concurrently with the same phase of work at the project immediately to the north.
On Solid Ground Mobile Storage. In the event that work does not proceed concllTrcolly
through 110 fault of the COI1!ractor, additional charges may apply.
Page 4 of 5
City of Edgewater
Parktowne Pond 3
11/29/2004 3 :08 PM
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386 239 0072
P.06
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D.
u
QWNER
It is hereby agreed that Kenneth Hooper, City Manager, or Liz McIJridc, Assistant City
Manager of the City of Edgewater, shall individually have the authority to act on behal for
the Owner in all matters pertaining to this Agreement.
The Contract Sum is based on the Contract Plans, Project Summary, and other dO~lIments
listed ill Section 12 of this Agreement. The aforementioned drawings and other documents
are subject to revisions and/or refinements during the governmental pl<m review and
permitting process. Contract Sum may be adjusted by changc order for the cost of any
changes, additional documentation, testing or other proc-f.'dures r:~("p,.i.n"!rl by pl','rlll1tillg
agencies, outside consultants, or design professionals employed by Owner.
E.
Work by Owner: Certain items of work and expense may be provided and paid for oy
Owner. Any sllch items or work are not included in the scope of this Agreement.
Owner hereby agrees that :Lll work provided by Owner, or by Owner's employees, or by
outside vendors working for Owner shall be completed and paid for so as not to dday the
progress or affect the planned sequence of the work included in this Agreement. nor oel<lY
payments to Contractor for work in this Agreement. Owner shall he responsibk for
supervision, scheduling and payment of all expenses for work provided by Owner and for
obtaining and maintaining current Certificates of lnsurance for Owner and each vendor or
suhcontractor performing work on site for Owner, showing coverage for Worker's
Compensation within statutory limits, and General Liability with lUinilll,um coverage of
$100.000.00 per occurrence or $300,000.00 aggregate. OW1.1er shall hold Contract')r
h~rmless from and indemnify Contractor for any and all damages or claims res\.ll1ing from
work performed by Owner. O,",11er shall reimburse Contractor for any additional costs
incurred by Contractor due to failure of Owner to comply with this provision.
F.
The Owner unconditionally gU,arantees the prompt payment of all monetary oblig,ttions c;.
the Owner and the punctual perfonuance of all terms, obligations and responsibilities or the
Owner lInder this Agreement.
G.
The City of Edgewater hereby acknowledges and agrees that there will be no further
permitting or city approvals required and authOJ:i~es the Contractor to proceed with the
Project upon the execution of this Agreement.
This Agreement entered into as of the day and year first written above.
CONTRACTOR
Kenneth Hooper, City Manager
City of Edgewater, Florida
u
Date
John H. Merrell, President. Date
J.B. Merrell Construction Co., Inc.
Page 5 of5
City of Edgewater
Parktowne Pond 3
11/29/2004 3 :08 PM
V~~-~1-~4 W~V ~8:~6 AM MER
.. .
386 239 0072
P.07
,
J. II. MerrelJ COll!:itruction CO,) Inc.
rroiect Sumnlt'try
City of Edgewater
Parktowne Industrial Center
Pond 3
November 30) 2004
o
GENERAL CONDITIONS
A. Shall bc as set forth in the Construclion Contract except as modified by the following
Supplementary General Conditions.
SUPPLEMENTARY GENERAL CONDITIONS
A. Survey; Owner shall furnish to Contractor a current certified boundary survey of the
property upon which the Project is proposed to take place. Contractor shall not be held
liable for any discrepancies in design or encroachments caused by failure of Owner to
provide said survey as specified. Layout and as-built surveying required to complete the
Project is included in Contract.
B. Design: Design of the pr~ject has been prepared by others: employed directly by Owner.
Contract does not include costs related to civil engineering or other designers' fees, 0
reviews, inspections, approvals, or other services provided by design professionals. The
preparation and submittal of all plans, notices, calculations or other information required by
regulatory agencies is specifically excluded from the scope of work in Contract. Project is
to be constructed in general conformance with Contract Plans and Project Summary.
Layout and constmction will be based on scaled dimensions where no dimensions arc
supplied. Contractor relies upon the Owner's design professionals to prepare the plans in
accordance with all applicable codes and regulations. Contractor shall not be held
responsible for errors, discrepancies or omissions in design work or plans prepared by
others.
C. Temporary Utilities; Temporary electricity, sanitary facilities and water required for
construction shall be provided by Contractor. 111 locations where said utilities are 110t
readily available, additional cost; of procuring said services shall be added to Contract
Price. .
D. Fees and Permits: Not included. Any required permitting, submittals to regulatory agencies
and related activities are to be provided by Owner. Ifany governing agencies require
changes from the Conlract Plans and Specifications and said changes result in additional
cost, such cost shall be added to the Contract Price.
E. Permanent Utility Connections: NIC
F. "Not to Exceed" Figures: The term "not to exceed" as used herein is defined as the 0
maximum amount of an item allowed within the Contract Price. Any expense or arnounl in
DEc-el-e4 WED e8:26 AM M~R
. .
386 239 0072
P.08
o excess of "not to exct:ed" figures will be added to the Contract Price.
G. Work Not Included: Any section of these Specifications that is left blank, marked N/^ or
"NIC", or crossed out is not included.
S/TEWORK
Note: In order to control pricing, all s; tework is to be done concurrently with same phase of
site work occurring at project on adjacent property to the north (On Solid Ground Mobile
Storage). If additional expense is incurred due to deviation from this sequence through no falllt
of the Contractor, a change order for additional costs will be issued.
A Clearing: Contract includes clearing of area indicated on plans. Clearing is to be
completed in one continuous operation; any clearing required after completion of initial
clearing is not included in this Contract. Clearing debris may be burncq on site.
B. Tree Barricades: NIC
C. Excavating, Grading, Fill and Compaction: Contract includes excavating as required to
bring construction to :specified elevations. Excess fill is to be transported off site either to
city stockpile Of other location at discretion of contractor. Compacti<.m testing is not
included. Dewatering to be performed as needed. Water produced by dewatering operations
to be deposited into drainage swale at front of property.
U D. Testing: NIC
E. Landscaping: Not to exceed 30/,00 sq. f1. ofbahia sod in retention area and up to 13.800
sq. ft. of grading and bahia sod .IS needed for restoration of road Right of Way_
Maintenance of grass after installation is to be furnished by Owner. Tree mitigation is not
included. No other landscaping is included.
F. Irrigation: NIC
G. Fencing and Walls: NIC
H. Sill Fencing: Not to exceed 280 ft of silt fencing is included in the contract to control
nmoff.
I. Site Utilities: Stormwater piping as shown on the contract plans Dewatering is included, if
necessary. Video of stormwater system is not included.
J.
Work Not Included: Additional work or expense required due to rock removal. dcmucking,
dewatering (other than that noted a~ included above), removal of buried trash or other
debris, environmental issues, or any other additional work or expense required due to
existing conditions ofwhkh Contractor has not been advised.
l;'roject Summary
City of Edgewater Pond 3
November 30, 2004
Page 2 of2
(J
DEC-01-04 WED 08:27 AM MER
J. H. M~rrell Construction
City of Edgewater
Parktowna Industrial Park
Pond 3
Cost Item
General Conditions & Supervision
Survey & Layout
Silt Fence (Install & Maintain)
Clear, Strip, Grub
Excavate & Remove
3611 RCP
36" M.E.S.
Fine Grade (Hand and machine)
Sod (Bahia)
Remobilize for Clearing
Estimated
Quantity
1
1
276.67
1.9467
22024.5
37
1
1
4634
1
Unit
lS
LS.
ft
acres
yds3
ft
ea
lS
yds2
LS
Unit
Price
5,129.00
4,580.00
3.00
8,600.00
1.88
74.00
2,373.00
4,832.00
2.35
2,000.00
386 239 0072
p.e9
,
o
Extension
5,129.00
4,590.00
830.00
16,742.00
41,406.00
2,738.00
2,373.00
4,832.00
11,380.00
2,000.00
92,000.00
o
o
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Q
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TENTATIVE AGENDA ITEMS
l~. ~.
DEe 20
1) 2nd Reading, Ord. No. 2004-0-47, Annexation, Jalbert, Cow Creek
2) 2nd Reading, Ord. No. 2004-0-48, Annexation, Jalbert, Eels Grove
3) 151 Reading, Ord. No. 2004-0-30, Annexation, property north ofU-Sto-It
4) 151 Reading, Ord. No. 2004-0-49, Comp Plan Amend, Elks/Dacar (4.95 acres)
5) pI Reading, Ord. No. 2004-0-50, Rezoning, Elks/Dacar (4.95 acres) from MH-I to B-3
6) Contract for Highway Maintenance for USI & SR442
7) FDOT Maintenance Agreement
8) Res. No. 2004-R-, amending Code Enforcement Board By-laws, chg date & time to 2nd Thur @ 2 pm
JAN 10
1) 151 Reading, Ord. No. 2005-0-, AirPark-Massey area rezonings
2) 2nd Reading, Ord. No. 2004-0-30, Annexation, property north ofU-Sto-It
3) 2nd Reading, Ord. No. 2004-0-49, Comp Plan Amend, Elks/Dacar (4.95 acres)
4) 2nd Reading, Ord. No. 2004-0-50, Rezoning, Elks/Dacar (4.95 acres) from MH-I to B-3
5) Carson (AB-040 1) - abandonment of 6' planting strip - Alamanda
JAN 24
1) Text Amendment - LDC Changes (TA-040I)
2) 151 Reading, Ord. No. 2005-0-01, Comp Plan Amend, Halstead, 2.3 ::!:: acres
3) 151 Reading, Ord. No. 2005-0-02, Zoning Map Amend, Halstead, 2.3 ::!:: acres to RPUD
4) 2nd Reading, Ord. No. 2004-0-31, annexation, 5,601 acres, Snowden (cont fromI2/6/04)
5) 2nd Reading, Ord. No. 2005-0-, AirPark-Massey area rezonings
FEB7
I) 2nd Reading, Ord. No. 2005-0-01, Comp Plan Amend, Halstead, 2.3::!:: acres
2) 2nd Reading, Ord. No. 2005-0-02, Zoning Map Amend, Halstead, 2.3 ::!:: acres to RPUD
FEB 14
The following are waiting on comments from DCA:
1) 2nd Reading, Ord. No. 2004-0-22, Annexation, 1 73.47::!:: acres, Massey/Forte Macaulay (9/27, 6B)
2) 2nd Reading, Ord. No. 2004-0-32, Comp Plan Amend, Massey/Macaulay, 173.47 acres, Mixed Use(10/18
3) 2nd Reading, Ord. No. 2004-0-33, Rezoning, Massey/Macaulay, 173.47 acres to RPUD (10/18)
4) 2nd Reading, Ord. No. 2004-0-35, Comp Plan Amend, Hospital Site, Public/Semi-Public(10/18)
5) 2nd Reading, Ord. No. 2004-0-38, Comp Plan Text Amendment (10/18)
6) 2nd Reading, Ord. No. 2004-0-36, Comp Plan Amend, Page, west 442 (10/18)
Rev. 11/29/04
1:\1 iz _ docs\outlines\ailems 122004