01-24-2005
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V oting Order
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
CouncilwomanRluxies
Councilwoman Lichter
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AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
January 24, 2005
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Regular Meeting of December 6, 2004
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
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. Public Hearing, Tanya Girvan, owner/No Name Saloon, 2001 S. Ridgewood
Avenue, requesting a Special Activity permit with outdoor music for:
1) Shriner Poker Run to be held February 13,2005.
2) Bike Week to be held March 4-13,2005.
B. Public Hearing, Earthquake Magoon's, 132 W. Park Avenue, requesting a
Special Activity permit for an annual Bike Week Oyster Roast to be held
Friday, March 11,2005.
C. Public Hearing, approval of Park Towne Industrial Center plat draft pending
surveyor and legal review.
D. 2nd Reading, Ord. No. 2004-0-30, Edgegate, LLC dba U Sto It Mini Storage,
applicant for owners Brent Jones and Thomas Vardell, requesting annexation
of 1.46::!:: acres of property located north of3725 S. US1.
E. 2nd Reading, Ord. No. 2004-0-31, Dan Robison, Highway 442 Partners, LLC,
agent for Vincent and Pamela Snowden, requesting annexation of 5,60 I::!::
acres of property located north of SR442, east and west of 1-95 (continued
until March 7, 2005).
F. 2nd Reading, Ord. No. 2004-0-49, David Dacar requesting amendment to the
Comprehensive Plan Future Land Use Map to change 4.95::!:: acres ofland
located at 820 W. Park Avenue from Medium Density Residential to
Commercial.
G. 2nd Reading, Ord. No. 2004-0-50, David Dacar requesting amendment to the
Official Zoning Map to change 4.95::!:: acres of property located at 820 W.
Park Avenue from MH-1 (Mobile Home Park) to B-3 (Highway
Commercial).
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City Council Agenda
January 24, 2005
Page -2-
6. Public Hearings, Ordinances, Resolutions Cont.
H. pt Reading, Ord. No. 2005-0-01, Marcia Barnett, authorized agent for
Diocese of Orlando, requesting annexation of2.33::t acres of property located
south of 3171 S. Ridgewood Avenue.
1. 1 sl Reading, Ord. No. 2005-0-02, Marcia Barnett, authorized agent for
Raymond and Carol Spangler, requesting annexation of 1.03::!:: acres of
property located at 3301 S. Ridgewood Avenue.
J. Res. No. 2005-R-02, authorizing the Mayor to execute an Agreement
between the Florida Department of Transportation and City of Edgewater
relating to Design and Installation of Guardrails in the median ofSR 9 (1-95)
at no anticipated cost.
K. Res. No. 2005-R-03, expressing support and participation in the application
process with the State of Florida for the County of V olusia to designate the
East Coast Greenway Trail throughout V olusia County.
7. BOARD APPOINTMENTS
A. Police Pension Board - nomination by Councilwoman Rhodes to fill a
vacated seat.
8. CONSENT AGENDA - None at this time.
9. OTHER BUSINESS
A. No Name Saloon Sign Agreement - staff recommending City enter into a
"Sign Agreement" with Patrick Girvan and Tanya Girvan to bring into
compliance the non-conforming sign(s) by no later than July 1,2005.
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 February 7, 2005, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, January 31, 2005.
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.
/n accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, /04 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 /-800-955-8771.
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AGENDA REQUEST
Date: January 14,2005
PUBLIC
HEARING 1/24/05
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Tanya Girvan, owner of No Name Saloon, located at 2001 S. Ridgewood Avenue is requesting a Special
Activities permit to hold the Shriner's Poker Run with outdoor music to be held February 13,2005, with a
rain date of February 23,2005.
BACKGROUND
The event is scheduled for February 13, 2005, with a rain date of February 23, 2005, with the hours of
operation being from 9:00 a.m. to 9:00 p.m. Outdoor entertainment will be provided from 1 :00 p.m. to
9:00 p.m.
The applicant will be responsible for any law enforcement and other expenses the City incurs during this
event. Property owners within 500-feet have been notified of the public hearing.
STAFF RECOMMENDATION
The Technical Review Committee has reviewed the application and recommends approval of the special
activities permit to allow No Name Saloon to hold the Shriner's Poker Run with outdoor music on
February 13,2005, with a rain date of February 23, 2005, based on following conditions:
1. All gates must remain unlocked for emergency ingress/egress;
2. Access must remain open to the rear of the building to allow emergency vehicle access to
open area on the south side of the business;
3. The fire hydrant on Boston Street may not be obstructed in any way, which would prevent
immediate access for its use;
4. The occupant load of the assembly area may never be exceeded;
5. Parking along the east and west sides of US. Highway 1, shall be at least fifteen feet (15')
from the pavement edge. This buffer shall be clearly marked (i.e. taped off) and kept free
from vehicle encroachment at all times;
6. Daily fire, life safety and code inspections will be conducted throughout the duration of the
Permit;
7. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the
Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of
the Code of Ordinances;
8. Verification that this event fulfills the definition of charitable event/activity per City of
Edgewater Land Development Code Section 21-37.02 is required;
9. No outdoor PA system shall be permitted after 9:00 p.m.;
10. Vendor information sheets must be submitted prior to issuance of permit.
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ACTION REQUESTED
Motion to approve the special activities permit to allow No Name Saloon to hold the Shriner's Poker Run 0
with outdoor music on February 13, 2005, with a rain date of February 23, 2005, based on following
conditions:
1. All gates must remain unlocked for emergency ingress/egress;
2. Access must remain open to the rear of the building; to allow emergency vehicle access to
open area on the south side of the business;
3. The fire hydrant on Boston Street may not be obstructed in any way, which would prevent
immediate access for its use;
4. The occupant load of the assembly area may never be exceeded;
5. Parking along the east and west sides of U.S. Highway 1, shall be at least fifteen feet (15')
from the pavement edge. This buffer shall be clearly marked (i.e. taped off) and kept free
from vehicle encroachment at all times;
6. Daily fire, life safety and code inspections will be conducted throughout the duration ofthe
Permit;
7. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the
Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of
the Code of Ordinances;
8. Verification that this event fulfills the definition of charitable event/activity per City of
Edgewater Land Development Code Section 21-37.02. is required;
9. No outdoor PA system shall be permitted after 9:00 p.m.;
10. Vendor information sheets must be submitted prior to issuance of permit.
FINANCIAL IMP ACT: (FINANCE DIRECTOR) 0
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
a~~
Darren Lear t/ ,
Chief Planner
Robin Matusick
Legal Assistant
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Kenneth R. Hooper \ -,
City Manager ~
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SPECIAL ACTIVITY PERMIT
NO-NAME SALOON
2001 S. RIDGEWOOD A VENUE
EDGEWATER, FLORIDA 32141
APPLICANT: TANYA GIRVAN
FUNCTION: SHRINER'S POKER RUN
SPECIAL ACTIVITY PERMIT REQUIREMENTS
I. A Special Activity Permit has been issued to The No-Name Saloon for Shriner's Poker Run and
Outdoor Music, activity to be held February 13, 2005 (rain date February 23, 2005). Outdoor
music will be provided from I :00 p.m. until 9:00 p.m. (I day at $200.00 per day. Fee of $200.00
paid).
All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and
miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity.)
Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall
comply with parking requirements for that use.
A description of adequate provisions for parking will be supplied in advance to the Planning
Department for staff review. Applicant must obtain written permission from all property owners
granting authorization to use their property for this event, including use for parking facilities.
Applicant will supply adequate manpower for parking vehicles during the event.
Applicant will provide the City Clerk with a bond or an insurance policy to protect City from
liability in form and substance acceptable to City and in the amount of a minimum of $200,000.
Sanitary facilities must be adequate for expected attendance and remain on site for the duration of
the event. (Including potable water, if necessary)
The City shall provide scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code compliance, building and/or city administration representatives to
monitor and ensure compliance with all applicable City, County and State codes. Special activity
permits that include outdoor entertainment may require a code compliance officer to remain on
site during the activity. The cost of said officer shall be reimbursed to the City by the
sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement
rides and public food preparation facilities.
8. The proposed use will substantially comply with the appropriate Life Safety Code and Building
Code requirements. Plans must be approved by Fire and Police Departments.
9. No signage for advertising the event shall be placed on any public right-of-way. Any signs used
for the event must be permitted and inspected by the Building Department. All signs shall be
removed within I day at the end of the event.
10.
The proposed use is limited to a specific period oftime listed on the Special Activity Application,
not to exceed one day.
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11.
The proposed special activity event shall not be permitted on the same parcel more than two (2)
times within a six-month period. A letter of authorization from property owner must be supplied to
the City.
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12. The proposed use will operate only during the specific daily time period requested on the
application.
13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
14. It shall be the responsibility of the applicant of the special activity permit to ensure the structural
integrity of all temporary structures erected for special activities. The structures are to be safe,
structurally sound and of adequate capacity to service the number of persons proposed to use the
structure and must be removed with five (5) days of completion of the special activity. The Building
Official and Fire Marshal shall verify such compliance is obtained.
15. No electrical cords to be placed across driveways or driving lanes.
16. No open flames permitted.
17. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at all
times and be readily available. The quantity of fire extinguishers to be determined by the Fire
Department.
18. Access roadways must be maintained at a minimum width of 20 feet.
19.
Overnight parking or camping is prohibited.
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20. For events taking place in grass lots or fields, the vegetation must be cut prior to set up.
21. Individual vendors must register with the City Clerk and food vendors must have proper state
inspections. {Department of Business and Professional Regulations will do inspections (800-375-
6975), fees may be required by the State}.
22. Applicant is responsible for leaving property clear of all trash, garbage and litter.
23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a
special activity permit shall be ordered to cease and desist and be punished by a fine of three times
the cost of the application fee as well as all associated City fees. No further special activities shall be
authorized until all penalties are current. A repeat offender shall not be eligible for a special activity
permit for a one-year period. A repeat offender is defined as a sponsor/promoter who violates any of
the conditions ofthe special activity permit more than one time in a six-month period.
24. Must provide adequate parking for those in attendance.
25. All off site parking will require a traffic detail.
26. No parking is permitted in public right-of-ways or in the site visibility triangle - see attached
diagram.
27.
A Special Activity requesting road closures will provide "road closure signs" and barricades.
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28.
A special activity with heavy/congested vehicular and/or pedestrian traffic will provide "congested
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area ahead" signs along with and additional generated light system that will illuminate the area of
crossing/congestion.
29.
The City shall monitor noise levels to determine if a public nuisance exists. The permit holder shall
comply with the City's determination. Special Activity permit is subject of revocation if owners fail
to comply with noise abatement. Article II (Noise) of Chapter 10 (Health and Sanitation) of the
Code of Ordinances shall be upheld.
30.
No amplified public address system shall be in use after 9:00 p.m.
ADDITIONAL CONDITIONS PER FIRE MARSHALIPOLICE DEPARTMENT:
1. All gates must remain unlocked for emergency ingress/egress,
2. Access must remain open to the rear of the building to allow emergency vehicle access to open area
on the south side of the business,
3. The fire hydrant on Boston Street may not be obstructed in any way, which would prevent immediate
access for its use,
4. The occupant load of the assembly area may never be exceeded,
5. Parking along the east and west sides of U.S. Highway I, shall be at least fifteen feet (15') from the
pavement edge. This buffer shall be clearly marked (i.e. taped off) and kept free from vehicle
encroachment at all times,
6. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit,
7. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land
Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of
Ordinances.
Q I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL
SERVICES ARE REQUIRED FOR THIS EVENT.
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REIMBURSEMENT FOR SERVICES AT THE RATE OF $30.00 PER HOUR PER OFFICER
WILL BE REQUIRED IF THE CODE COMPLIANCE OFFICER HAS TO RESPOND MORE
THAN ONE TIME EACH DAY TO AFTER DUTY HOURS COMPLAINTS.
I have read and understand that I must comply with the above conditions.
Signature
Date
Permit Reviewed/Approved by:
Police Chief
Fire Chief
Permit issued by:
Darren Lear, Chief Planner
Date
CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Planning
Director
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CORNER lOT
Special Activities Application 1-17 -03
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CITY OF EDGEW A TER
SPECIAL ACTIVITY APPLICATION
This application must be completed in its entirety and submitted to the Planning Department at
least 60-days in advance of the activity. Incomplete applications will be returned to the applicant
and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION
FEE: $200/day i).. <"29-0'1
------.... 12 f) Date
Applicant Name: 1 0-., rJ- ~ 0...... lJ lr, 'P-. J Q,r0
Sponsor/Organization Name: N ~ N A r'-' e S G rcc..~
Applicant/Sponsor Address: ~6/) I . So" R ~ dse-(;..)~ 0
Address/Location of Event:
Local Contact Telephone Number:
Name of Event:
Description of Event:
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Date(s) of Event: /}.",7t,3-Cj~ Time(s) of Event:
Set-up/Tear down dates: (if needed):
Expected Attendance: J 0-0
Will admission be charged? ( ) Yes
9A- 9P
/
~)No
Will outside live/recorded music or sound amplification be used? (-1 Yes-Hours? /o?t ( ) No
/" , )
Will vendors be at the event? (-;(Yes ( ) No How many? d jlflCY1De
If yes, please check the following that apply:
c/ ./ Food
,/'"... Alcoholic beverages
/' Soft drinks
Arts/Crafts
/
~~ofC5V .wJa1iJ
Other (specify)
What equipment will be required/used?
/' Water
-
/
Check all that apply.
Electricity
Barricades
(How Many?)
(How Many?)
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Trash Cans
Special Activities Applicationl-17 -03
1
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Which of the following will be used?
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/ I3aruner
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I300th
/ Temporary Tents
FireworkslPyrotechnics
Temporary Signs
./ Canopy
Amusement Rides
Portable Restrooms
Other (specify)
The following shall accompany this application:
v' Plan submitted to reflect location and number of vendors, parking layout,
/ and sanitary facilities.
A letter stating the applicant acknowledges that they are financially
responsible for all additional services provided by the City which may
include, but are not limited to the following: trash pick up, utilities, code
enforcement, law enforcement, etc.
The applicant shall post a bond or provide insurance in the amount of
/ $200,000.00 to hold the City harmless of any and all liabilities.
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Submittal of a listing of all property owners within 500-feet (listing to
include names and addresses of all owners and list shall be obtained from the
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(How Many?)
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V olusia County Property Appraisers Office).
Type of organization:
Non Profit
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Tax Exempt #
Name of Organization or beneficiary
Federall.D. #S9 31JW Tax #
SS #
Charitable
F or Profit
Individual
If you are requesting City assistance with your event, please describe:
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Special Activities Applicationl-17 -03
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U Road closures (list street name(s) and date(s) all streets closed for an event must be reopened
within 30-minutes of the end of each day of the event.
The applicant shall comply with all requirements contained in Section 21-37 (Special Activity
Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the
City of Edgewater Code of Ordinances.
If sound amplification is associated with this event, I agree to monitor the sound level so that it
remains within the limits of the City Code, If valid noise complaints are received, I agree to
reduce that noise to a satisfactory level. I further understand that if reducing the noise does not
control citizens' complaints, the source of the noise will be terminated.
J) O~,,) i/....,~..o).I.
Signature of apPlican~ ~'-<J C) Date: 1 pJ '1
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Special Activities Applicationl-17 -03
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January SCb. 2005
To the No Name Saloon.
This letter is 10 verify that the Bahia Shrlners Camel
Herders are participating in the Charity Run with the No-
Name Saloon on February 13 Ill, 2005 and also on March
lilli, 2005. The Bahia Shriners Camel Herders will receive
. portion ofthc proceeds.
The Not for Profit number is 36-2193609.
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Sincerely~
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111. Sir OBIY J. Bergenske
Potentate
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From: Mind! Sitzer At: Sihle Insurance/Quick" II.ssoclates FaxlD: 6ihle Insurance Grou To: Jill
Dale: 9/22/04 02:03 PM Page: 2 of 2
,
'RODUCER
QUICK & ASSOCIATES
A d1VisioD of Sihle Ins
1300 S WOODIJUID BLVD
DEIAND FL 32720
Phone: 386-736-6444
Group
OP 10 HI
GIRVA-1 09 22 04
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ACORI).
CERTIFICATE OF LIABILITY INSURANCE
Fax: 386-736-6772
INSURERS AFFORDING COVERAGE
lNSURERA:
Essex Insurance C an
Burlin ton Insurance Co"
NAIC#
INSURED
INSURER B:
No Name Sa100n
2001 S. Ridgewood Ave.
Edgwater FL 32141
COVERAGES
INSURER c:
INSURER D:
INSURER E:
THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITJON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I"LTR HSRD TYPE OF INSURANOE PDLlOY NUMBER PD~~ M~f;g:,;~ P~~ll,;.x~~~~~ lIMITS
GENERAL UABlllTY EACIl OCCUllRENCE $ 300000
-
B X COMMERCW. GBlERAL UI>.BUTY 264BOO1232 08/09/04 08/09/05 """""-'t,v=,,~ $ 50000
- :=J ClAIMS IMlJE [!J OCCUR PREMISES lea oct1lreJ1rel
MEO EXP (Mf one person) $_ 1000
-
X Liquor Liab 100/2 PBlSONAL &AOV INJURY $ 300000
GENEIlALAGOREGATE $ 600000
GEN'LAGGREGA.TE Ul/IT N'PUES PER: PflOOUCTS - COMPIOP AIJG $ 600000
I POUCY n ~c~ n lOC
AUTOMOBILE LlABIUTY COMBf/ED SNGLE llMIT
- $
NIY A\ITO (E. .ttJOe.nll
f--
ALL OWNED AUTOS BOOll Y INJURY
f-- (per pmon) $
SCHEOULEOI\lJTOS
f--
IiREll AUTOS BOm Y INJIJRY
f-- $
NON-OWNED AUTOS (I''''1ttldenlj
r--- I:)
f-- PflOPERTYOAMAGE $
(per .ctldenQ
GARAGE LIABILITY AUTO ONLY- EAACClDENT S
R NlYAUTO OTHER nw. EAACC $
JoJJTO ONL~ AGG $
EXCESSIUMBRELU UA91UTY EM:H OCCURRENCE $
:=J OCCUR D ClAJMSMAOE AGGREGATE S
$
R OEOUCTlIlLE $
RETENTION $ .
WOAKERS.cOMPEN&ATlONAND 11 WC STATI). I 10:
10RYUMITS
EMPLOYERS'llABllrTY E.L:i'ACH ACCIDENT
Mf'ROPRJETORlPARTNER/EXEClJT1VE $
OFFX:EP./MEMBBl EXCl.UOEO? E.L. OlSEASE - EA EMPLOYEE $
rt yes, descnbe under E.L C(ISEASE- PDLlCyu"IT
SPECL'L PRClVISI:lNS Delow $
OTHER
A Property Section lCF8250 08/09/04 08/09/05 BLDG 270,000
PERS PRO 25,000
DESCRIPTION OF OPERATlONSJ LOCATlONSJVEHICLES J EXOLUSIONS AODED BY ENOORSEMEHT J SPECIAL PROVISIONS
restaurant w/dance floor
CERTIFICATE HOLDER CANCELLATION
CITY OF EDGEWATER
386-424-2439
ATTN: JILL
PO BOX: J.OO
EDGEWATER FL 32132
EDGEWAC SHOULD ANY OF THE ABOVE DESORlBED PDUCIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF. THE ISSUING JNSURER. WILL ENDEAVOR lD MAIL
10
DAYS WRITTEN
NOTICE TO THE CERTIFIOATE HOLDER NAMED TOTHE LEFT, BUT FALURE TO DO so SHALL
IMPOSE NO OBLlDATION DR L1ABIUTY OF ANY KIND UPON THE INSURER. ITS AGENTS DR
ACORD 25 (2001108)
:)
liON 1988
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AGENDA REQUEST
Date: January 14,2005
PUBLIC
HEARING
1/24/05
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
Tanya Girvan, owner of No Name Saloon, located at 2001 S. Ridgewood Avenue is
requesting a Special Activities permit for Bike Week 2005 events with outdoor music to be
held March 4 through March 13,2005.
BACKGROUND
The event is scheduled for March 4th through March 13th, 2005, with the hours of operation
being from 9:00 a.m. to 3:00 a.m., outdoor entertainment will be provided from 1 :00 p.m. to
9:00 p.m.
The applicant is also seeking approval for a mobile tattoo vendor in accordance with the
existing City/County Body Art Code Agreement.
The City is requesting Boston Road be closed from 106 Boston Road to U.S. Hwy 1 on
March 10 through March 12, 2005 from 3:00p.m. to 9:00p.m. The applicant will be
responsible for any law enforcement and other expenses the City incurs during this event.
Property owners within 500-feet have been notified of the public hearing.
STAFF RECOMMENDATION
The Technical Review Committee has reviewed the application and recommends
approval ofthe special activities permit to allow No Name Saloon to hold Bike Week
2005 activities with outdoor music from March 4th through March 13th, 2005 and to
permit a mobile tattoo vendor I accordance with the existing City/County Body Art
Code Agreement, based on following conditions:
1. All gates must remain unlocked for emergency ingress/egress;
2. Access must remain open to the rear of the building to allow emergency
vehicle access to open area on the south side of the business;
3. The fire hydrant on Boston Road may not be obstructed in any way, which
would prevent immediate access for its use;
4. The occupant load of the assembly area may never be exceeded;
5. Parking along the east and west sides of U.S. Highway 1, shall be at least
fifteen feet (15') from the pavement edge. This buffer shall be clearly
marked (i.e. taped off) and kept free from vehicle encroachment at all times;
6. Daily fire, life safety and code inspections will be conducted throughout the
duration of the permit;
7.
The applicant fully complies with Section 21-37 (Special Activity
Requirements) of the Land Development Code and Article II (Noise) of
Chapter 10 (Health and Sanitation) of the Code of Ordinances;
Boston Road shall be closed form 106 Boston Road to U.S. 1 on March 10,
2005 from 3 :00 p.m. to 9:00 p.m., March 11, 2005 from 1 :00 p.m. to 9:00
p.m., and March 12,2005 from 3:00 p.m. to 9:00 p.m.;
The applicant shall provide "Road Closed" and "Heavy Traffic Ahead" signs;
No amplified public address system shall be in use after 9:00 p.m.;
Vendor Information sheets must be completed for all vendors and submitted
to this office prior to the permit being issued;
Statement for requested Police Services must be signed and dated;
Planning Department must be advised of set-up/tear-down dates for this
event;
No parking is permitted in public right-of-ways or in the site visibility
triangle;
Uniformed police detail officers shall be present during heavy attendance
days to facilitate safe crossing of U.S. Highway 1. Additional officers should
be added if attendance exceeds capability of officers to handle flow or if
pedestrian safety issues arise;
U.S. Hwy 1 be coned in front of the business to slow traffic and prevent
accidents;
Motorcycle parking along U.S. Hwy 1 during heavy attendance must be
discouraged and moved to off-site areas for safety reasons. Signage
prohibiting parking along roadway and enforcement action to support such
shall be in place.
.
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ACTION REQUESTED
Motion to approve the special activities permit to allow No Name Saloon to hold
Bike Week 2005 activities with outdoor music from March 4th through March 13th,
2005 and to permit a mobile tattoo vendor I accordance with the existing City/County
Body Art Code Agreement, based on following conditions:
1. All gates must remain unlocked for emergency ingress/egress;
2. Access must remain open to the rear of the building to allow emergency
vehicle access to open area on the south side of the business;
3. The fire hydrant on Boston Road may not be obstructed in any way, which
would prevent immediate access for its use;
4. The occupant load of the assembly area may never be exceeded;
5. Parking along the east and west sides of U.S. Highway 1, shall be at least
fifteen feet (15') from the pavement edge. This buffer shall be clearly marked
(i.e. taped off) and kept free from vehicle encroachment at all times;
6. Daily fire, life safety and code inspections will be conducted throughout the
duration of the Permit;
7. The applicant fully complies with Section 21-37 (Special Activity
Requirements) of the Land Development Code and Article II (Noise) of 0
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
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Chapter 10 (Health and Sanitation) of the Code of Ordinances;
8. Boston Road shall be closed form 106 Boston Road to U.S. 1 on March 10,
2005 from 3:00 p.m. to 9:00 p.m., March 11,2005 from 1 :00 p.m. to 9:00
p.m., and March 12,2005 from 3:00 p.m. to 9:00 p.m.;
9. The applicant shall provide "Road Closed" and "Heavy Traffic Ahead"
SIgns;
10. No amplified public address system shall be in use after 9:00 p.m.;
11. Vendor Information sheets must be completed for all vendors and submitted to
this office prior to the permit being issued;
12. Statement for requested Police Services must be signed and dated;
13. Planning Department must be advised of set-up/tear-down dates for this event;
14. No parking is permitted in public right-of-ways or in the site visibility
triangle;
15. Uniformed police detail officers shall be present during heavy attendance days
to facilitate safe crossing of U.S. Highway 1. Additional officers should be
added if attendance exceeds capability of officers to handle flow or if
pedestrian safety issues arise;
16. U.S. Hwy 1 be coned in front of the business to slow traffic and prevent
accidents;
17. Motorcycle parking along U.S. Hwy 1 during heavy attendance must be
discouraged and moved to off-site areas for safety reasons. Signage
prohibiting parking along roadway and enforcement action to support such
shall be in place.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
~.~~:t1J ~:rK
Robin Matusick \.
Legal Assistant
'~&- \2_ \~Gco<--.- ~\~-
Kenneth R. Hooper '\ \
City Manager
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SPECIAL ACTIVITY PERMIT
NO-NAME SALOON
2001 S. RIDGEWOOD AVENUE
EDGEWATER, FLORIDA 32141
APPLICANT-TANYA GIRVAN
FUNCTION: BIKEWEEK ACTIVITIES
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SPECIAL ACTIVITY PERMIT REQUIREMENTS
1. A Special Activity Permit has been issued to The No-Name Saloon for Bike Week Activities
and Outdoor Music, activity to be held March 4 through March 13, 2005 with the hours of
operation being from 9:00 a.m. to 3 :00 a.m. Outdoor music from 1 :00 p.m. until 9:00 p.m. (10
days at $200.00 per day. Fee of $2.000.00 paid).
2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and
miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity.)
3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall
comply with parking requirements for that use.
4. A description of adequate provisions for parking will be supplied in advance to the Planning
Department for staff review. Applicant must obtain written permission from all property owners
granting authorization to use their property for this event, including use for parking facilities.
Applicant will supply adequate manpower for parking vehicles during the event.
5.
Applicant will provide the City Clerk with a bond or an insurance policy to protect City from
liability in form and substance acceptable to City of at least $200,000.
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6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of
the event. (Including potable water, if necessary)
7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code compliance, building and/or city administration representatives to
monitor and ensure compliance with all applicable City, County and State codes. Special activity
permits that include outdoor entertainment may require a code compliance officer to remain on
site during the activity. The cost of said officer shall be reimbursed to the City by the
sponsor/promoter. Appropriate State of Florida agencies are responsible for the inspection of
amusement rides and public food preparation facilities.
8. The proposed use will substantially comply with the appropriate Life Safety Code and Building
Code requirements. Plans must be approved by Fire and Police Departments.
9. No signage for advertising the event shall be placed on any public right-of-way. Any signs used
for the event must be permitted and inspected by the Building Department. All signs shall be
removed within 1 day at the end of the event.
10. The proposed use is limited to a specific period oftime listed on the Special Activity Application,
not to exceed ten days.
11.
The number of special activities at any given location or address shall not exceed one 10-day
period and two I-day charitable events/activity between the dates of January 1 st through June 30t\
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and one 10-day period and two I-day charitable events/activity between the dates of July 151
through December 31 st. A letter of authorization from property owner must be supplied to the
City.
12.
The proposed use will operate only during the specific daily time period requested on the
application.
13.
The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
14.
It shall be the responsibility of the applicant of the special activity permit to ensure the structural
integrity of all temporary structures erected for special activities. The structures are to be safe,
structurally sound and of adequate capacity to service the number of persons proposed to use the
structure and must be removed with five (5) days of completion of the special activity. The
Building Official and Fire Marshal shall verify such compliance is obtained.
15.
No electrical cords to be placed across driveways or driving lanes.
16.
No open flames permitted.
17.
Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at
all times and be readily available. The quantity of fire extinguishers to be determined by the Fire
Department.
18.
Access roadways must be maintained at a minimum width of 20 feet.
19.
Overnight parking or camping is prohibited.
20.
For events taking place in grass lots or fields, the vegetation must be cut prior to set up.
21. Individual vendors must register with the City Clerk and food vendors must have proper state
inspections. {Department of Business and Professional Regulations will do inspections (800-375-
6975), fees may be required by the State)
22. Applicant is responsible for leaving property clear of all trash, garbage and litter.
23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a
special activity permit shall be ordered to cease and desist and be punished by a fine of three
times the cost of the application fee as well as all associated City fees. No further special
activities shall be authorized until all penalties are current. A repeat offender shall not be eligible
for a special activity permit for a one-year period. A repeat offender is defined as a
sponsor/promoter who violates any of the conditions of the special activity permit more than one
time in a six-month period.
24. Must provide adequate parking for those in attendance.
25. All off site parking will require a traffic detail.
26. No parking is permitted in public right-of-ways or in the site visibility triangle - see attached
diagram.
27.
A special activity requesting road closures will provide "road closed" signs and barricades.
28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide
2
"congested area ahead" signs along with and additional generated light system that will illuminate
the area of crossing/congestion.
29.
The City shall monitor noise levels to determine if a public nuisance exists. The permit holder
shall comply with the City's determination. The special activity permit is subject of revocation if
owners fail to comply with noise abatement. Article II (Noise) of Chapter 10 (Health and
Sanitation) of the Code of Ordinances shall be upheld.
30. No amplified public address system shall be in use after 9:00 p.m.
ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT:
1.
2.
All gates must remain unlocked for emergency ingress/egress;
Access must remain open to the rear of the building to allow emergency vehicle access to open
area on the south side of the business;
The fire hydrant on Boston Street may not be obstructed in any way, which would prevent
immediate access for its use;
The occupant load of the assembly area may never be exceeded,;
Parking along the east and west sides of U.S. Highway 1, shall be at least fifteen feet (IS') from
the pavement edge. This buffer shall be clearly marked (i.e. taped off) and kept free from vehicle
encroachment at all times;
Daily fire, life safety and code inspections will be conducted throughout the duration of the
permit;
The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land
Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of
Ordinances;
Boston Road shall be closed form 106 Boston Road to U.S. 1 on March 10, 2005 from 3 :00 p.m.
to 9:00 p.m., March 11,2005 from 1 :00 p.m. to 9:00 p.m., and March 12,2005 from 3:00 p.m. to
9:00 p.m.;
"Road Closed" and "Heavy Traffic Ahead" signs shall be provided by the applicant.
3.
4.
5.
6.
7.
8.
9.
I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL
SERVICES ARE REQUIRED FOR THIS EVENT.
REIMBURSEMENT FOR SERVICES AT THE RATE OF $30.00 PER HOUR PER OFFICER
WILL BE REQUIRED IF THE CODE COMPLIANCE OFFICER HAS TO RESPOND MORE
THAN ONE TIME EACH DAY TO AFTER DUTY HOURS COMPLAINTS.
I have read and understand that I must comply with the above conditions.
Signature
Date
Permit Reviewed/Approved by:
Police Chief
Fire Chief
Permit issued by:
Darren Lear, Chief Planner
Date
CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Planning
Director
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,CORNER COT
Special Activities Application 1-17 -03
DVISIBlL fT'{ T~ IA ~GL r
6
1
CITY OF EDGEW A TER
SPECIAL ACTIVITY APPLICATION
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This application must be completed in its entirety and submitted to the Planning Department at
least 60-days in advance of the activity. Incomplete applications will be returned to the applicant
and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION
FEE: $200/day iI, ~9--otf
Applicant Name: ~ } ;; "'it Oc ~ ~'~~ Date '
Sponsor/Organization Name: .c:::- N M, e - )c:::r:>.::J
Applicant/Sponsor Address: df":~) 1 $, R'tQ ,q-F L~j)
.....' to t.J
Address/Location of Event: ~~ f....\.. \.___ ...
Local Contact Telepho~e Nnmber: ;) ~ ~ -Lf:: -: ::;pmergency #
Name of Event: ~\ l e. ~ E>;~~ ~_~_
Description of Event: ~"'~ \( e ::) .. \.\ e,N i70 R..S .- ~ .- {\{.lAS Ie
Date(s) of Event: J.-4.-Ds-I'a'- tr-07 Time(s) of Event: 9 f).- < ~ -Ii 0
I
Set-up/Tear down dates: (if needed): 3-- ) ~Or
'\.,.J "'.
Expected Attendance: \ 1\,"~ ,,~ (:) \Q ..'') ~
Will admission be charged? ( ) Y es (~o
j
Will outside livelrecorded music or sound amplification be used? (,,"Yes-Hours? 1p.~Gjp () No
Will vendors be at the event? ~{Yes ( ) No How many? ~..D
If yes, please check the following that apply:
./ Food
-
/'" Alcoholic beverages
./' Soft drinks
~ Arts/Crafts )
./ Other (specify) f\~\~~) ~ .~~
What equipment will be required/used? Check all that apply.
.../" Water
/. Electricity
~- Barricades
-
,/ Trash Cans
(How Many?)
(How Many?)
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Special Activities Applicationl-17 -03
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Which of the following will be used?
/
, Banner
./ Booth
-L
Temporary Tents
FireworksfPyrotechnics
Temporary Signs
Canopy
Amusement Rides
.1/ Portable Restrooms
(/
//
(How Many?) J f)
Other (specify)
The following shjJ.llaccompany this application:
V' Plan submitted to reflect location and number of vendors, parking layout,
j and sanitary facilities.
A letter stating the applicant acknowledges that they are financially
responsible for all additional services provided by the City which may
include, but are not limited to the following: trash pick up, utilities, code
J
enforcement, law enforcement, etc.
The applicant shall post a bond or provide insurance in the amount of
/" $200,000.00 to hold the City harmless of any and all liabilities.
f. Submittal of a listing of all property owners within SOO-feet (listing to
include names and addresses of all owners and list shall be obtained from the
Volusia County Property Appraisers Office).
Type of organization:
Non Profit
Charitable
[,../'" For Profit
Individual
Tax Exempt #
Name of Organization or beneficiary
Federall.D. # 11"'- )7') yft-f!j Tax #
SS #
If you are requesting City assistance with your event, please describe:
Special Activities Applicationl-17-03
2
Road closures (list street name(s) and date(s) all streets closed for an event must be reopened
within 30-minutes of the end of each day of the event.
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The applicant shall comply with all requirements contained in Section 21-37 (Special Activity
Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the
City of Edgewater Code of Ordinances.
If sound amplification is associated with this event, I agree to monitor the sound level so that it
remains within the limits ofthe City Code. Ifvalid noise complaints are received, I agree to
reduce that noise to a satisfactory level. I further understand that if reducing the noise does not
control citizens' complaints, the source of the noise will be terminated.
Signature of apPlicant&~ ',.
, b~-~ Date: +1, 3D...() ~i
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/Ie 1''' n .J a fi f~ II .:I IJ ( It"Ap luf, " ", (l.Cyoc,,f'C4i e .
tv y~ e;u,1:.j (: j,j iJl//.' I; t!'J/ecp"i":1. . ~i:?1J~
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Special Activities Application 1-17 -03
3
U FOR OFFICE USE ONLY
POLICE DEPARTMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE: ,
FIRE DEPARTME~' DATE LJt7/-0Y
APPROVED J DENIED
COMMENTS/CONDITIONS
SIGNATURE: #~
PLANNING DEPARTMENT
APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
BUILDING DEPARTMENT
0 APPROVED DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE:
CODE ENFORCEMENT k::2 t7i-ol
APPROVED .---' DENIED DATE
COMMENTS/CONDITIONS
SIGNATURE: ~::f;t5y --
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Special Activities Application 1-17 -03 4
From: Mlndi Sitzer At: Slhle Insurance/Quir
\ssoclates FaxfD: Slhle Insurance Grou To: Jill
Dale: 9/22/04 02:03 PM Page: 2 of 2 .
ACORI}. CERTIFICA TE OF LIABILITY INSURANCE OPID MIl DATE IMrNDDlYYVYI
GIRVA :1. 09/22/04 r
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION "-
QUICK & ASSOCI~ES ON!. Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE
A division of Sihle Ins Group HOLDER. THIS CERTIACATE DOES NOT AMEND. EXTEND OR
1300& WOODIJlND BLVD ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
DELAND FL 32720
Phone: 386-736-6444 Fax: 386-736-6772 INSURERS AFFORDING COVERAGE NAIC #
INSURED iNSURER '" Essex Insurance Company
INSURER B: Burlington Insurance CD.
No Name Saloon INSURER C:
2001 S _ Ridgewood Ave. INSURER D:
Edgwater ~ 32:1.-41 INSURER E:
COVERAGES
THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONO/TJON OF ANY CONTRACT OR OTHEliOOCUMENT WITH RESPECT TO WHICH THIS CEliTIFICATEMAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUClES DESCRIBED HEREIN IS SUBJECT TO IILL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUcED BY PAID CLAIMS.
,..." l::'s~ POlICY NUMBER ~~~rJ~~~ P~~'ltf,;=~ LIMITS
LTR TYPE OF INSURANCE
GENERAL UABII.ITY EACH OCCIJRFlENCE $ 300000
-
B ~ COMMERCllIL GENEPAl. UAllJUTY 264BOO1232 08/09/04 08/09/05 PREMISES (E. ocwrence) $ 50000
f-- tJ CUJMS hWlE [i] OCCUR MED EX!> (Alycoe ~r!tlnl $_ 1000
~ Liquor Liab 100/2 PERSONAl. &NN INJURy $ 300000
f-- GElIIERALAGGREGATE $ 600000
~AOOREGAn~PUESn PROOUCT8. COfttPlOP AGG $ 600000
Ii PRO-
POUCY JEeT LOC
AUTllMQSlLE lWIILITY COMBI'IED SNGlE LlMIT
- $
IoN'( A1JTO (Eo ottlden!J
-
- AU. OWNEOAUTOS BDClLY INJURY
~"'Jl.OI>on) $
SCHE01JLEOAUTCS
-
- H1REDAllTOS BOOIL Y INJURY
(Perotci:lenl1 $ ,
NON-OWNED Al1TQS
- ,
f-- PROPERTYllAMAGE $
(per ooClClenQ
R~U~MY AUTO ONLY. EAACCIlJENT s
/oN'( AlJTO OTHER T1iAJ. ~ACC $
AUTO ONL'l': AGG $
SSSlUM8REUALlABIUTY EACH OCCIJRllElICE $
OCCUR D ctAlMS MAllE AGGREGATe $
$
q OEOUCTIlllE $
RETENTION S $
WDRKERS i:OMPEN~ATlON AND .1 WCSTATV- j 10:
TOR\'tJl.IlTS
EMPLOYERS'LIAIIILIfY EL:!'ACIj ACclDENT
ANY'ROPRJElORIPARTNER/EXECUT1VE $
OFFx:eRIMEMBER Ela:UlDE01 E.L DlSEASE_ EA EMPlO'lEE $
lyes, descr1be urxler E.l.lpBEASE-POUCYLJ.tIT
SPECIAl PROVISlClNS bell>'( $
OTHER
A Property Section .1CF8250 08/09/04 08/09{O5 BLDG 270,000
PERS PRO 25,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCWSIONS ADDED BY ENDORSEMEltT I SPECIAL PROVISIONS
restaurant w/dance floor
CERTIFICATE HOLDER CANCELLATION
CITY OF EDGEWATER
386-424-2439
ATTN: JILL
PO BOX .100
EDGEWATER FL 32132
EDGEWAC 6HOULD ANY OF THE ABOVE DESC:IlIBED POlJelES BE CANCElLED BEFORE THE EXPIRATION
DATE THERlOP. THE ISSUING INSUREItWlLLENDEAVOR TO MAIL
10
DAYSWIlITTEN
NonCE TO THE CERTIFICA1:E HDLDEIlIIAMED TlITHE LEf'T,DUT FAILURE TO DO SO SHALL
IMPOSE NO OBUOATlON DR LlABJUTY DF ANY KIND UPON lHE INSURER.. ~ AllENTB OR
8
ACORD 25 (200110B)
AllON 1988
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AGENDA REQUEST
Date: January 13,2005
PUBLIC
HEARING
1/24/05
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Richard Stonecipher of Stonecipher Enterprises, owner of Earthquake Magoon's, located at
132 W. Park Avenue is requesting a Special Activities permit for an Annual Bike Week
Oyster Roast to be held March 11,2005.
BACKGROUND
The event is scheduled for March 11,2005, with the hours of operation being from 12:00
p.m. to 12:00 a.m. The applicant will be responsible for any law enforcement and other
expenses the City incurs during this event. Property owners within 500-feet have been
notified of the public hearing.
STAFF RECOMMENDATION
The Technical Review Committee has reviewed the application and recommends approval of
the special activities permit to allow Earthquake Magoon's to have an Annual Bike Week
Oyster Roast to be held March 11,2005, based on the flowing conditions:
1. Driveways must remain readily accessible to the rear of the building to allow
emergency vehicle access;
2. The occupant load of the assembly area may never be exceeded;
3. Daily fire, life safety and code inspections will be conducted throughout the duration
of the permit;
4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of
the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance);
5. No parking is permitted in public right-of-ways or in the site visibility triangle.
ACTION REQUESTED
Motion to approve the special activities permit to allow Earthquake Magoon's to have an
Annual Bike Week Oyster Roast to be held March 11, 2005, based on the flowing conditions:
1. Driveways must remain readily accessible to the rear of the building to allow
emergency vehicle access;
2. The occupant load of the assembly area may never be exceeded;
3. Daily fire, life safety and code inspections will be conducted throughout the duration
of the permit;
4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of
the Land Development Code and Ordinance 2002-0-04 (Noise Ordinance);
~
,
5. No parking is permitted in public right-of-ways or in the site visibility triangle.
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FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~~:h(ti~t\
Robin atusick \.
Legal Assistant
~&Q.\.\~. ~,
Kenneth R. Hooper ~ \ (\-
City Manager 'IJ
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SPECIAL ACTIVITY PERMIT
EARTHQUAKE MAGOON'S
132 W. PARK AVENUE
EDGEWATER, FLORIDA 32132
APPLICANT-Richard Stonecipher
FUNCTION: Bike Week Oyster Roast
SPECIAL ACTIVITY PERMIT REQUIREMENTS
1. A Special Activity Permit has been issued for Earthquake Magoon's Bike Week Oyster Roast,
to be held March 11, 2005. (1 day at $200.00 per day. Fee of $200.00 paid).
2. All conditions of the City's Code of Ordinances (nuisances, noise, health, sanitation and
miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity.)
3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall
comply with parking requirements for that use.
4. A description of adequate provisions for parking will be supplied in advance to the Planning
Department for staff review. Applicant must obtain written permission from all property owners
granting authorization to use their property for this event, including use for parking facilities.
Applicant will supply adequate manpower for parking vehicles during the event.
5.
Applicant will provide the City Clerk with a bond or an insurance policy to protect City from
liability in form and substance acceptable to City and in the amount of a minimum of $200,000.
6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of
the event. (Including potable water, if necessary)
7. The City shall provide scheduled and unscheduled inspections prior to and/or during the special
activity by police, fire, code compliance, building and/or city administration representatives to
monitor and ensure compliance with all applicable City, County and State codes. Special activity
permits that include outdoor entertainment may require a code compliance officer to remain on
site during the activity. The cost of said officer shall be reimbursed to the City by the
sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement
rides and public food preparation facilities.
8. The proposed use will substantially comply with the appropriate Life Safety Code and Building
Code requirements. Plans must be approved by Fire and Police Departments.
9. No signage for advertising the event shall be placed on any public right-of-way. Any signs used
for the event must be permitted and inspected by the Building Department. All signs shall be
removed within 1 day at the end of the event.
10. The proposed use is lim~ted to a specific period of time listed on the Special Activity Application,
not to exceed one day.
11.
The proposed special activity event shall not be permitted on the same parcel property more than
two (2) times within a six-month period. A letter of authorization from property owner must be
,
two (2) times within a six-month period. A letter of authorization from property owner must be 0
supplied to the City.
12. The proposed use will operate only during the specific daily time period requested on the
application.
13. The proposed activity will direct on-site lighting away from adjacent parcels and roadways.
14. It shall be the responsibility of the applicant of the special activity permit to ensure the structural
integrity of all temporary structures erected for special activities. The structures are to be safe,
structurally sound and of adequate capacity to service the number of persons proposed to use the
structure and must be removed with five (5) days of completion of the special activity. The
Building Official and Fire Marshal shall verify such compliance is obtained.
15. No electrical cords to be placed across driveways or driving lanes.
16. No open flames permitted.
17. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at
all times and be readily available. The quantity of fire extinguishers to be determined by the Fire
Department.
18. Access roadways must be maintained at a minimum width of 20 feet.
19.
Overnight parking or camping is prohibited.
20.
For events taking place in grass lots or fields, the vegetation must be cut prior to set up.
o
21. Individual vendors must register with the City Clerk and food vendors must have proper state
inspections. {Department of Business and Professional Regulations will do inspections (800-375-
6975), fees may be required by the State)
22. Applicant is responsible for leaving property clear of all trash, garbage and litter.
23. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a
special activity permit shall be ordered to cease and desist and be punished by a fine of three
times the cost of the application fee as well as all associated City fees. No further special
activities shall be authorized until all penalties are current. A repeat offender shall not be eligible
for a special activity permit for a one-year period. A repeat offender is defined as a
sponsor/promoter who violates any of the conditions of the special activity permit more than one
time in a six-month period.
24. Must provide adequate parking for those in attendance.
25. All off site parking will require a traffic detail.
26. No parking is permitted in public right-of-ways or in the site visibility triangle - see attached
diagram.
27.
A Special Activity requesting road closures will provide "road closure signs" and barricades.
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28.
A special activity with heavy/congested vehicular and/or pedestrian traffic will provide
"congested area ahead" signs along with and additional generated light system that will illuminate
the area of crossing/congestion.
29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder
shall comply with the City's determination. Special Activity permit is subject of revocation if
owners fail to comply with noise abatement. Article II (Noise) of Chapter 10 (Health and
Sanitation) of the Code of Ordinances shall be upheld.
30. No amplified public address system shall be in use after 9:00 p.m.
ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT:
1. Driveways must remain readily accessible to the rear of the building to allow emergency vehicle
access,
2. The occupant load of the assembly area may never be exceeded,
3. Daily fire, life safety and code inspections will be conducted throughout the duration of the
permit,
4. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land
Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of
Ordinances.
I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL
SERVICES ARE REQUIRED FOR THIS EVENT.
I have read and understand that I must comply with the above conditions.
Signature
Date
Permit Reviewed/Approved by:
Police Chief
Fire Chief
Permit issued by:
Darren Lear, Chief Planner
Date
CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Planning
Director
3
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CORNER lOT
Special Activities Application 1-17-03
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CITY OF EDGEW A TER
SPECIAL ACTIVITY APPLICATION
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[hi,
,} 2004
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This application must be completed in its entirety and submitted to the Planning Department at
least 6O-days in advance of the activity.. Incomplete applications will be returned to the applicant
and may delay approval. NOTE: SITE PLAN MUST ACCOMPANY THIS APPLICATION
FEE: $200/day
November 30, 2004
Date
Applicant Name:
STONECIPHER ENTERPRISES INC.
Sponsor/Organization Name:
Applicant/Sponsor Address:
Address/Location of Event:
EARTHQUAKE MAGOON'S BAR
132 W, Park Avenue, #1, Edgewater, FL 32132
Same
Local Contact Telephone Number: 386/428-3436
Name of Event ANNUAL BIKE WEEK OYSTER ROAST
Emergency # 386/423-0900
Description of Event:
Oyster roast for Bikers with band.
"
Date(s) of Event Friday 3/11/05 Time(s) of Event: noon _flI- 12:00 fn"
Set-up/Tear down dates: (if needed): 2 days prior and 2 days after
Expected Attendance: 100 bikes and their riders
Will admission be charged? ( ) Yes ~X) No
Will outside live/recorded music or sound amplification be used? ( ) Yes-Hours?
Will vendors be at the event? ( ) Yes ,~~ No How many?
If yes, please check the following that apply:
Food
(X) No
Alcoholic beverages
Soft drinks
Arts/Crafts
Other (specify)
What equipment will be required/used? Check all that apply,
Water
Electricity
xx
Barricades
Trash Cans
(How Many?) 2 ':' safety netting & cones front & rear
(How Many?)
Special Activities Application 1-17-03
1.___ _
"",,;
Which of the following will be used?
Banner
Booth
Temporary Tents
Fireworks/Pyrotechnics
Temporary Signs
~ Canopy
_ Amusement Rides
2 Portable Restrooms
-
_ Other (specify)
The following shall accompany this application:
Attached Plan submitted to reflect ~ti~n~n~)ffiX~~, parking layout,
and sanitary facilities.
Attached A letter stating the applicant acknowledges that they are fi!lancially
~
responsible for all additional services provided by the City which may
include, but are not limited to the following: trash pick up, utilities, code
enforcement, law enforcement, etc.
The applicant shall post a bond or provide insurance in the amount of
$200,000.00 to hold the City harmless of any and all liabilities.
Attached Submittal of a listing of all property owners within 500-feet (listing to
include names and addresses of all owners and list shall be obtained from the
Volusia County Property Appraisers Office).
Type of organization:
Non Profit
Charitable
For Profit
Individual
Being
Faxed
xx
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1
(How Many?)
2
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Tax Exempt #
Name of Organization or beneficiary
Federal LD. # 59-2343458 Tax # 74-09-064782-90-2
SS # 054-30-2672
If you are requesting City assistance with your event, please describe:
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Special Activities Applicationl;;'17-03'" -2
Road closures (list street name(s) and date(s) all streets closed for an event must be reopened
<..; within 30-minutes of the end of each day of the event. None needed.
The applicant ~hall comply with all requirements contained in Section 21-37 (Special Activity
Permit Requirements) of the Land Development Code and Chapter 10, Article III (Noise) of the
City of Edgewater Code of Ordinances.
If sound amplification is associated with this event, I agree to monitor the sound level so that it
remains within the limits of the City Code. If valid noise complaints are received, I agree to
reduce that noise to a satisfactory level. I further understand that if reducing the noise does not
control citizens' complaints, the source of the noise will be terminated.
Signature of applicant: .~~,;: .~~
Dat~~
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Special Activities Application 1-1 7-03 -
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Park Plaza Homeowners'Association
Edgewater, FL
12/21/04
JAN 12 Z005
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CITY OF EDGEWATER
Planning Department
Riverside Drive
Edgewater, FL 32132
RE: Special Activities Permit for Earthquake Magoon's Bar for Bike Week
Oyster Roast, 2005
.Sirs:
The owner of Earthquake Magoon's Bar has asked me, as President of the
Owners Associattion, to discuss the matter of the one day closure of the
east end of the parking lot belonging to all tenants of Park Plaza in
order for Earthquake's to hold their annual Bike Week Oyster Roast.
I have discussed the matter with all other owners and they have expressed
no concern regarding the matter.
As President of the Park Plaza Homeowners' Association, I am therefore,
authorizing Earthquake Magoon's Bar to close the portion of the parking
lot surrounding their units for the day of the Oyster Roast to be held
during Bike Week 2005.
Sincerely,
{l~ tt} rjrf) ~L((j ..
Presldent,~laza H.O.A.
cc: file copy for H.O.A.
file copy for E.Q.
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Stonecipher Enterprises, Inc.
d/b/a EARTHQUAKE MAGOON'S BAR
132 Vl. Park Avenue, Unit #1
EdgewateT, FL 32132
386/428-3436
12/21/04
Received
DEe 21 2fJlH
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."... Uf1y (J'd' !;i~.{lewirt'(1'.
tbi~nn;n9 It n:vefop';ent.
CITY OF EDGEWATER
Planning Department
Riverside Drive
Edgewater, FL 32132
RE: Special Activities Permit ~ Bike Week 2005
Dear Pat,
This letter is being submitted in response to two (2) items requested in
your letter of 12/14/04.
1) Earthquake Magoon's Bar will supply any necessary personnel to
facilitate parking during the event and will take sole responsibility
for any parking matters; and
2) All live music will be contained inside the building premises during
the subject event.
Additionally, I have this date submitted a letter to the President of the
Park Plaza Home Owners' Association for their action with all property
owners as to permission allowing the closing of sections of the parking lot
for the event. She will discuss the ~atter with all owners and sign as
President indicating approval of sa~e. That letter will be delivered to
your office A.S.A.P.
Anticipating no problems with any of the above, I remain,
Sincerely yours,
.~J1I1~~
Richard W. StoneCIpher lr
Owner/Agent
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Dec.13, 2004 11:57AM
COMMUNITY INSURANCE SERVICES
No.2225
p. 1
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AC:Q8P.. C'ERTIFIC 'E OF LIABiliTY INSURAN , OF' ID D~ DATE ILlLlIDIlIYYYY)
. 12/13/04
- EARTH-4
PRODUCUl 'THIS CERTIFICATE IS ISSUED AS A MATTER OFINFORMATION
Brown & Brown, Inc. ONLY AND CONFERS NO RI13HTSUPON THE CERTlFCA TE
~ Oaytona Beach Office HOLDER. THIS CERTIFICATE POESNOT AMEND. EXTEND OR
)0. Dox 2412 ALTER THE COVERAGE AFfORDED BY THE POLCIES BELOW
~ytona Beach F.L 32115-2412 ! INSURERS AFF~RD1NG COVERAGE ! NAIC#
Phone:386-252-9601 Fax:386-239-5729
-=--...-. -- .. '. ..... ~ .n..._ !
INSURED i INSUR5R ,,; Columbia CaEl~~!.~~...~r.!.Zl' ~~
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INSURER B:
EARrHQUAKE MAGOiN'S BAR I"'SURER c:
------.. ..--..,.-...- - ..-..-- ...
132 W PARK AVF. 1 INSURER 0: I
EDGEWATER FL 32132 !
INSUAER E:
COVERAGES
THE POLlCIF.S OF INSURANCE lISn:O BEI,OW HAVE BEEN ISSUED TO THE INSURED NAMED AtlOIIE FOR TtiE POLICY peRIOD INDICA', to. NO' vvrrHS' ANDING
ANY REQUIRF.MENT. TERM OR CONDITION OF ANY C.oNTRAC'I OR OTHER. OOC\lM'iNT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, TilE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT '10 ALL THE TSlIAS EXCWSlONS AND CONDITIONS OF SUCIl
POlICIES. AGGREGATE lllAITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR lAl)[Tlj ..- TYPE OF INSURJ.~~~ '- -.. - ! . POUCY NUMBER I 'O~~1~~8~E 'IP8kfEy,rJ:-'~NT .......--..-.-".---...UUfTS
L TR INSRO
AI I GEfjEIli\L. LIABIUfY I I : ! fACH OCCURRENCE 1$ 300,000
,
10/27/04 ! "1l~'"rO'1Il:-m1:V--
. X ., COMMERCIAL GENERAL LIABILITY : TCP2 503 4 9 9 93-1 10/27/05 . PREMISES rEa occ.u(t~cel S 50 . 000...
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~Liq. Liability I PERSONAL &ADV IN,IURY : s 300, OO~...
; ~$190Lq,OJl_.... ...... I I
I I I GENERAL AGGREGATE ! S 300,000
GEN'L !\GGREGA TE lIMIT APPLIES PER: I i'PRODUCT$.COMPIOP~GGi $ 300,000....
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENOORSEMEN'lI SPECIAL PROVISIONS
Special Event: March 11, 2005. Annual Clam. Bake Faxed to: 366-424-2439
CERTIFICATE HOLDER
CANCELLA rlON
CITY OF EDGEWATER
PO BOX 100
EDGEW~ER FL 32132
EDCIT01 SHOULD ANY OF TltE ABOVE DESCRIBED POLIOI::S BI:: CANCRll::D BEFORE TltE EXPIRATlO
DATE TltEREOF. THE ISSUING INSURER W1U ENDEAVOR TO NAIL ~.. DAYS WRITTE~
NOnCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, fllIT FAILURE TO 00 SO SHALL
IMPOSE NO OBLIGATION OR UABILITY OF ANY KINO UPON 'IHE INSURER, ITS "'GENJS OR
REPRESENTA
AUTHORIZED REP
House
@AGORDCORPORATION 1966
ACORD 25 (2001108)
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AGENDA REQUEST
Date: January 12,2005
PUBLIC
HEARING
ORDINANCE January 24,2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-30
Edgegate LLC, requesting the annexation of .32:1: acres
of land located north of 3 725 S, US Highway 1.
OWNER: Thomas A. Vardell and Brent Jones
REQUESTED ACTION: Annexation
PROPOSED USE: Storage facility (U-Sto-It Mini-Storage)
LOCATION: North of3725 US Highway 1
AREA: .32:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County- Commercial
ZONING DISTRICT: Volusia County - B-4W (General Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM DesiJ!IIation ZOnillf! District
North Vacant V olusia County - Commercial V olusia County B-4 W
(General Commercial)
East Vacant Volusia County - Commercial V olusia County - B-4 W
(General Commercial)
South Mini- Warehouse Commercial B-3 (Highway Commercial)
West Vacant Commercial B-3 (Highway Commercial)
Background
This parcel is adjacent to the north of the U-Sto-It mini-warehouse facility, which was annexed in 2003. The applicant is
proposing to expand the existing storage facility.
The Planning and Zoning Board yoted to send a favorable recommendation to City Council at their regular meeting of
December 8, 2004.
City Council voted 5-0 to approve Ordinance No. 2004-0-30 at first reading on January 10,2005.
Land Use Compatibility
The proposed use is consistent with the surrounding area of US Highway I commercial frontage.
AN-04t4 - U-Sto-it
,
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Adequate Public Facilities
The site has access to US Highway I. City water is available along US Highway I and sewer is available via a lift station
installation and tie into the eight-inch (8") force main.
Natural Environment
Soil types are Orsino Fine Sand, 0-5% Slope. Vegetation is generally LongleafPine/Xeric Oak.
o
Consistency with Comprehensive Plan
The annexation of this site is consistent with the Goals, Policies, and Objectives of the Future Land Use Element.
The Projected Land Use Needs, Future Commercial Land Use from the Future Land Use Element of the Comprehensive
Plan states:
The projected increase in population will result in the need for more commercial development to serve these
new residents. In 2000, there were almost 207 developed commercial acres within the City of Edgewater.
Projections of future commercial land were based on ratios of acres to population. Based on the 2000
population of 18,865, the ratio was approximately II commercial acres per 1,000 population. Additional
commercial acreage is also anticipated to develop adjacent to the Interstate 95 interchange, which is a regional
opportunity for the City. Therefore, the commercial acres-per-population ratio was projected at 15 commercial
acres per 1,000 population to account for this factor. The amount of additional commercial acres necessary to
support future growth through the year 20 I 0 is estimated to be an additional 188 acres of developable land.
Other Matters
A Comprehensive Plan Future Land Use Map and Zoning Map amendments shall be heard at a later date. The
applicant will also be required to apply for site plan approval for expansion of the existing facility, which will
include but shall not be limited to parking, landscaping, stormwater and impervious surface requirements.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-30, annexing .32:1: acres of land located north 00725 S. US
Highway I.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0- 0-30, annexing .32:1: acres ofland located north 00725 S. US Highway
I.
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FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
1-10-05
AGENDA ITEM NO.
6C
Respectfully Submitted By:
~;...~ t~-C1<
Robin Mat Sick \..
Paralegal
~~Q\~c<;:?~ '\.t~
Kenneth R. Hooper \
City Manager
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AN-0414 - U-Sto-it
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ORDINANCE NO. 2004-0-30
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF 3725 SOUTH U.S. HIGHWAY NO.1,
VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER,
FLORIDA; SUBJECT TO THE JURISDICTION,
OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
MUNICIP ALITY; 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 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. Edgegate, LLC dba U Sto It Mini Storage is the applicant for Brent Jones and Thomas
Vardell who are the owners of property located north of 3725 South U.S. Highway No.1, within
Volusia County, Florida. Subject property contains approximately .32 i: acres.
2. The owners/applicants have voluntarily petitioned (applied) the City of Edgewater
for annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on December 8, 2004, the Board
recommended by a vote of 5 to 0 that the property be annexed into the City of Edgewater.
Stltlck t1uongl. passages are deleted.
Underlined passages are added.
2004-0-30
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.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edgewater are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4.
Within seven (7) days after adoption, copies of this ordinance shall be filed with the
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the 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,
Stlth,;k t1uotlgh passages are deleted.
Underlined passages are added.
2004-0-30
2
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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.
PARTE.
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 January 10,2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ---2L
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
StI nGk t1uongh passages are deleted.
Underlined passages are added.
2004-0-30
3
After Motion by
and Second by
, the vote
on the second reading/public hearing of this ordinance held on January 24, 2005, was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 24th day of January, 2005.
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
Stltlck tluol1gh passages are deleted.
Underlined passages are added.
2004-0-30
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 24th day
of January, 2005 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.
Lots 1 and 2, RE-SUBDIVISION WATER WAY PARK SECTION 1, according to the plat thereof
as recorded in Map Book 19, Page(s) 269, of the Public Records of Vol usia County, Florida.
Containing .32 :!: acres more or less.
Stl n~k tluong,h passages are deleted.
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2004-0-30
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AGENDA REQUEST
Date: January 14, ?OO.')
PUBLIC
HEARING
Tanuary ?4, ?OO.')
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
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 and 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.
At the December 6,2004 meeting City Council voted 5-0 to continue this item until the January 24,2005
meeting.
STAFF RF.COMMF.NDATION
Staff recommends continuing Ordinance 2004-0-31 to the March 7,2005 City Council meeting.
ACTION RF.QlJF.STF.D
Motion to approve the continuation of Ordinance 2004-0-31 to the March 7,2005 City Council meeting.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: 1 0-4-04
1 ?-h-04
AGENDA ITEM NO.
hA
hK
Respectfully Submitted By:
L~
Daffen Lear (j
Chief Planner
~~ f'r"'0~1 ~".l\
Robin Matusick l
Paralegal
\~~~ '?\~c':)v- ~\~
Kenneth R. Hooper \ '{J
City Manager
o G:\planning\Pat\Council agenda\2004\AN-0406 - Hwy 442 partners(2nd reading)rev2.doc
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AGENDA REQUEST
o
Date: January 12,2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE January 24, 2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-49
David Dacar, requesting an amendment to the
Comprehensive Plan Future Land Use Map to change
4.95::1:: acres of land located at 820 W. Park Avenue
from Medium Density Residential to Commercial.
OWNER: Golden Star of Central Florida, Inc.
REQUESTED ACTION: Amend the Comprehensive Plan Future Land Use Map from Medium Density Residential to
Commercial
PROPOSED USE: Elks Club lodge
LOCATION: 820 West Park Avenue
AREA: 4.95::1:: acres
o CURRENT LAND USE: Single-family residential structure and vacant
FLUM DESIGNATION: Medium Density Residential
ZONING DISTRICT: MH-l (Mobile Home Park)
VOTING DISTRICT: I
SURROUNDING AREA
Currellt Lalld Use FLUM Desif.!1latioll ZOllillJ! District
North Auto Sales, Service - Industrial 1-1 (Light Industrial)
Vacant
East Mobile Home Park Medium Density Residential MH-l (Mobile Home Park)
South Residential and Vacant Medium Density Residential, Low MH-l (Mobile Home Park)
Densitv Residential
West Rotary Park, Residential Recreation/Open Space, Low R (Recreation), MH-l (Mobile
Densitv Residential Home Park)
Background
The applicant is requesting an amendment to the Future Land Use Map to change the property from the existing City
Future Land Use designation of Medium Density Residential to Commercial. The proposed development is a Fraternal
Order of the Elks Lodge.
o
The Planning and Zoning Board voted to send a favorable recommendation to City Council to amend the Future Land
Use Map at their regular meeting of December 8, 2004.
City Council voted 5-0 to approve Ordinance No. 2004-0-49 at first reading on January 10,2005.
CPA-0418 David Dacar
City Council voted 5-0 to approve Ordinance No. 2004-0-49 at first reading on January 10,2005.
Land Use Compatibility 0
The proposed use is compatible with the surrounding area and provides an adequate buffer between industrial usage to
the north and residential usage to the south.
Adequate Public Facilities
The site has direct access to Park A venue and both City water and sewer are available to the site.
Natural Environment
There are no known environmental issues associated with this site.
Consistency with Comprehensive Plan
The Future Land Use Map amendment for this site is consistent with the Goals, Policies, and Objectives of the Future
Land Use Element.
The Projected Land Use Needs, Future Commercial Land Use from the Future Land Use Element of the Comprehensive
Plan states:
The projected increase in population will result in the need for more commercial development to serve these
new residents. In 2000, there were almost 207 developed commercial acres within the City of Edgewater.
Projections of future commercial land were based on ratios of acres to population. Based on the 2000
population of 18,865, the ratio was approximately I I commercial acres per 1,000 population. However,
opportunities do exist for infill development and increases in density. The City is pursuing redevelopment
opportunities and encouraging economic growth. Additional commercial acreage is also anticipated to develop
adjacent to the Interstate 95 interchange, which is a regional opportunity for the City. Therefore, the
commercial acres-per-population ratio was projected at 15 commercial acres per 1,000 population to account
for this factor. The amount of additional commercial acres necessary to support future growth through the year
2010 is estimated to be an additional 188 acres of developable land.
Other Matters
Following adoption by City Council this request will be sent to the Florida Department of Community Affairs, Volusia
Growth Management, Regional Planning Council, as well as all other required state and local agencies for their review.
STAFF RECOMMENDA nON
Staff recommends approving Ordinance No. 2004-0-49, amending the Comprehensive Plan Future Land Use Map
for 4.95:l: acres ofIand located at 820 W. Park A venue from Medium Density Residential to Commercial.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-49, amending the Comprehensive Plan Future Land Use Map for 4.95:l:
acres of land located at 820 W. Park A venue from Medium Density Residential to Commercial.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
1-10-05
AGENDA ITEM NO.
60
Respec fully Submitted By:
~ ~.
. . ~,j..tJ)~q
Robin Matusick
Paralegal
~~&~,\~~~ \,
Kenneth R. Hooper r l
City Manager
CP A.0418 David Dacar
2
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ORDINANCE NO. 2004-0-49
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM CITY MEDIUM
DENSITY RESIDENTIAL TO CITY COMMERCIAL FOR
PROPERTY LOCATED AT 820 WEST P ARK AVENUE,
EDGEW ATER, FLORIDA; PROVIDING FOR FINDINGS OF
CONSISTENCY; AMENDING THE FUTURE LAND USE
MAP; PROVIDING FOR FILING WITH THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, THE REGIONAL
PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL
GOVERNMENT OR GOVERNMENTAL AGENCY THAT
HAS REQUESTED A COPY OF THE PLAN AMENDMENT;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING
AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1.
Williamson Dacar Associates, Inc. is the applicant/agent of record for Golden Star
of Central Florida, Inc. who are the owners of certain real property located at 820 West Park
Avenue, Edgewater, Florida. Subject property contains approximately 4.95 acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
applicants are requesting a Comprehensive Plan Amendment for the subject property. The requested
Amendment would change the Future Land Use Map designation from City Medium Density
Residential to City Commercial for the property described herein.
3. On December 8, 2004, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
5 to 0, recommended that the City Council approve the request.
2004-0-49
Shuck thl(mgh passages are deleted.
Underlined passages are added.
4. In a letter dated December 13 , 2004, the Legal Department notified the owners by
mail of the property and all property owners who own real property directly affected by the proposed
u
action within 300 feet of the subject property regarding the pending Amendment.
5. On December 20, 2004, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on January 10,2005, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Observer on Thursday, December 30, 2004.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNA TION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water,
o
Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Commercial for property described in the legal description contained
in Exhibit "A" and further located on the map as reflected in Exhibit "B" (which are attached hereto
and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which addresses
2004-0-49
StI tick tin otlgh passages are deleted.
Underlined passages are added.
2
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appropriate buffering between commercial and low density residential.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner is hereby authorized and directed to amend the Future Land Use Map of
the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the
Future Land Use designation for the property described herein.
PARTD.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)( c )2, Florida Statutes (2002), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PART E.
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 F.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTG.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2004-0-49
Stl tlGk till Mgl. passages are deleted.
Underlined passages are added.
3
PART H. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on January 10,2005 is 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
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2004-0-49
StI tick till otlgh passages are deleted.
Underlined passages are added.
4
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PASSED AND DULY ADOPTED this 24th day of January, 2005.
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
2004-0-49
Stltlck tll1ougl. passages are deleted.
Underlined passages are added.
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 24th day
of January, 2005 under Agenda Item No.
6
5
EXHIBIT "A"
o
LEGAL DESCRIPTION
A portion of Lot 37, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT, Section 52,
Township 17 South, Range 34 East, according to the plat thereof, recorded in Map Book 3, Page 137
of the Public Records of Vol usia County, Florida, lying southerly of Park Avenue, an 80-foot right
of way as now laid out, and lying easterly of Carol Ann Drive, a 60-foot right of way, as shown on
plat of Park Avenue Estates, recorded in Map Book 34, Page 69 of the Public Records of V olusia
County, Florida and being more particularly described as follows:
For a point of Beginning; commence at the intersection ofthe easterly line of the westerly 1754 feet
of said Lot 37 and the southerly right of way of said Park Avenue; thence North 67004'35" East,
along said southerly right of way, a distance of 364.00 feet to the easterly line of those lands
described in Official Records Book 2458, page 0078 of the Public Records of Volusia County,
Florida; thence South 23 00 1'20" East, along said easterly line of those lands described in Official
Records Book 2458, Page 0078, a distance of 469.91 feet; thence South 67025'12" West, a distance
of364.01 feet; thence North 23001'20" West, a distance of 168.10 feet; thence South 67007'44"
West, a distance of 150.00 feet to the easterly right of way of said Carol Ann Drive; thence North
23001'20" West, along said easterly right of way, a distance of299.49 feet to said southerly right of
way of Park Avenue; thence North 67004'35" East, along said southerly right of way, a distance of
150.00 feet to the Point of Beginning.
Containing approximately 4.95! acres.
o
2004-0-49
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AGENDA REQUEST
Date: January 12.2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE January 24. 2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-50
David Dacar, requesting an amendment to the Official
Zoning Map to change 4.95:1: acres of land located at
820 W. Park Avenue from MH-l (Mobile Home Park)
to B-3 (Highway Commercial).
OWNER: Golden Star of Central Florida, Inc.
REQUESTED ACTION: Amend the Official Zoning Map from MH-l (Mobile Home Park) to B-3 (Highway
Commercial) for property located at 820 West Park A venue.
PROPOSED USE: Elks Club Lodge
LOCATION: 820 West Park Avenue
Q AREA: 4.95:1: acres
CURRENT LAND USE: Single-family residential structure and vacant
FLUM DESIGNATION: Medium Density Residential (to be amended to Commercial)
ZONING DISTRICT: MH-I (Mobile Home Park)
VOTING DISTRICT: 1
SURROUNDING AREA
Curre1lt La1ld Use FL UM Desifl1lati01l Z01li1lf! District
North Auto Sales, Service - Industrial I-I (Light Industrial)
Vacant
East Mobile Home Park Medium Density Residential MH-I (Mobile Home Park)
South Residential and Vacant Medium Density Residential, Low MH-I (Mobile Home Park)
Density Residential
West Rotary Park, Residential Recreation/Open Space, Low R (Recreation), MH-I (Mobile
Density Residential Home Park)
Background
The applicant is requesting an amendment to the Official Zoning Map to change the property from the existing City
Zoning designation of MH-l (Mobile Home Park) to B-3 (Highway Commercial). The proposed development is a
Fraternal Order of the Elks Lodge.
Q
The Planning and Zoning Board voted to send a favorable recommendation to the City Council at their regular meeting of
December 8, 2004.
City Council voted 5-0 to approve Ordinance No. 2004-0-50 at first reading on January 10, 2005.
RZ-0417 David Dacar
~
,
City Council voted 5-0 to approve Ordinance No. 2004-0-50 at fIrst reading on January 10,2005.
Land Use Compatibility
The proposed use is compatible with the surrounding area and provides an adequate buffer between industrial usage to
the north and residential usage to the south.
o
Adequate Public Facilities
The site has direct access to Park Avenue and both City water and sewer are available to the site.
Natural Environment
There are no known environmental issues associated with this site.
Consistency with Comprehensive Plan
The amendment to the OffIcial Zoning Map for this site is consistent with the Goals, Policies, and Objectives of the
Future Land Use Element.
The Projected Land Use Needs, Future Commercial Land Use from the Future Land Use Element ofthe Comprehensive
Plan states:
The projected increase in population will result in the need for more commercial development to serve these
new residents. In 2000, there were almost 207 developed commercial acres within the City of Edgewater.
Projections of future commercial land were based on ratios of acres to population. Based on the 2000
population of 18,865, the ratio was approximately 11 commercial acres per 1,000 population. However,
opportunities do exist for infIll development and increases in density. The City is pursuing redevelopment
opportunities and encouraging economic growth. Additional commercial acreage is also anticipated to develop
adjacent to the Interstate 95 interchange, which is a regional opportunity for the City. Therefore, the
commercial acres-per-population ratio was projected at 15 commercial acres per 1,000 population to account
for this factor. The amount of additional commercial acres necessary to support future growth through the year
2010 is estimated to be an additional 188 acres of developable land.
Other Matters
The applicant shall be required to submit a site plan for approval by the Technical Review Committee, which shall
include but shall not be limited to parking, landscaping and storm water retention requirements.
o
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-50, amending the OffIcial Zoning Map for 4.95:1: acres of land
located at 820 W. Park Avenue from MH-l (Mobile Home Park) to B-3 (Highway Commercial).
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0- 0-50, amending the OffIcial Zoning Map for 4.95:1: acres of land located
at 820 W. Park Avenue from MH-l (Mobile Home Park) to B-3 (Highway Commercial).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
1-10-05
AGENDA ITEM NO.
6E
~~~~,,~
Robin Matusick
Paralegal
~~\S(\\~~ ~ (f.-
Kenneth R. Hooper , \.
City Manager 0
RZ-0417 David Dacar
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ORDINANCE NO. 2004-0-50
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY MH-l (MOBILE HOME
PARK) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR
PROPERTY LOCATED AT 820 WEST PARK AVENUE,
EDGEW ATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
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. Williamson Dacar Associates, Inc. is the applicant/agent of record for Golden Star
of Central Florida, Inc. who are the owners of certain real property located at 820 West Park A venue,
Edgewater, Florida. Subject property contains approximately 4.95 acres more or less.
2.
The owners/applicants have submitted an application for a change in zoning
classification from City MH-I (Mobile Home Park) to City B-3 (Highway Commercial) for the
property described herein.
3. On December 8, 2004, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 0, the Board
recommended that City Council consider approval of the request.
4. On January 10,2004, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
January 3, 2005.
5. On January 24,2005, the City Council held a public hearing on the application after
StltlGk till oogl. passages are deleted.
Underlined passages are added.
2004-0-50
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publishing notice of such hearing in the Observer on January 13, 2005, and notifying by mail all
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property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
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surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from City
MH-I (Mobile Home Park) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
and State of Florida:
Stmek till otlp;h passages are deleted.
Underlined passages are added.
2004-0-50
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A portion of Lot 37, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ
GRANT, Section 52, Township 17 South, Range 34 East, according to the plat
thereof, recorded in Map Book 3, Page 137 of the Public Records of Vol usia County,
Florida, lying southerly of Park Avenue, an 80-foot right of way as now laid out, and
lying easterly of Carol Ann Drive, a 60- foot right of way, as shown on plat of Park
Avenue Estates, recorded in Map Book 34, Page 69 ofthe Public Records of V olusia
County, Florida and being more particularly described as follows:
For a point of Beginning; commence at the intersection of the easterly line of the
westerly 1754 feet of said Lot 37 and the southerly right of way of said Park Avenue;
thence North 67004'3511 East, along said southerly right of way, a distance of364.00
feet to the easterly line of those lands described in Official Records Book 2458, page
0078 ofthe Public Records of Vol usia County, Florida; thence South 23001'2011 East,
along said easterly line of those lands described in Official Records Book 2458, Page
0078, a distance of 469.91 feet; thence South 67025'1211 West, a distance of364.01
feet; thence North 23001'2011 West, a distance of 168.1 0 feet; thence South 67007'4411
West, a distance of 150.00 feet to the easterly right of way of said Carol Ann Drive;
thence North 23001'2011 West, along said easterly right of way, a distance of299.49
feet to said southerly right of way of Park Avenue; thence North 67004'3511 East,
along said southerly right of way, a distance of 150.00 feet to the Point of Beginning.
Containing approximately 4.95:!: acres.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PARTB.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edgewater, Florida, to reflect the change in zoning classification for the above described
property.
PART C.
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 t1uotlgh passages are deleted.
Underlined passages are added.
2004-0-50
3
PART D.
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 E.
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.
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
StI nck tlu ongh passages are deleted.
Underlined passages are added.
2004-0-50
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PARTG.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on January 10,2005, 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
After Motion by
and Second by
vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StItlck tluongh passages are deleted.
Underlined passages are added.
2004-0-50
5
, the
PASSED AND DULY ADOPTED this 24th day of January, 2005.
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
StI tlGk tIll ongh passages are deleted.
Underlined passages are added.
2004-0-50
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 24th day
of January, 2005 under Agenda Item No.
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AGENDA REQUEST
Date: January 14.2005
PUBLIC
HEARING
ORDINANCE January 24. 2005
RESOLUTION
x
BOARD
APPOINTMENT.
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
1st Reading - Ordinance No. 2005-0-01
Marcia Barnett, authorized agent for owner, requesting
annexation of approximately 2.33 acres of land located
south of 3171 S. Ridgewood Avenue.
OWNER: Thomas G. Wenski as Bishop of the Diocese of Orlando
REQUESTED ACTION: Annexation
PROPOSED USE: There is no proposed development or redevelopment for this property at this time.
LOCATION: South of3171 South Ridgewood Avenue (St. Gerard's Church)
AREA: 2.33:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County- Commercial and Urban Low Intensity
ZONING DISTRICT: Volusia County B-9 (General Office) and R-3W (Urban Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desie:nation Zonine: District
North St. Gerard's Church Public/Semi-Public with P/SP (Public/Semi-Public)
Conservation Overlay
East Single-Family Residence Volusia County - Urban Low Volusia County - R-3W (Urban
and vacant Intensity Single Familv Residential)
South Abandoned warehouse, V olusia County - Commercial and V olusia County - B-4 W (General
vacant and single-family Urban Low Intensity Commercial) and R-3W (Urban
residential Single Familv Residential)
West Single-Family Residence V olusia County - Commercial V olusia County - B-4 (General
Commercial)
Background
This parcel is currently vacant and under ownership by the Diocese of Orlando. The property to the north is under the
same ownership and contains St. Gerard's Catholic Church. There is no proposed development of this parcel at this time.
At their regular meeting of January 12,2004, the Planning and Zoning Board voted to send a favorable recommendation
to City Council for the annexation of this property.
AN-0416 - Barnett-diocese
Land Use Compatibility
To the north is the St. Gerard's Church and to the south is a parcel with a small vacant warehouse. The annexation ofthis
parcel and any future commercial use of the site is compatible with the surrounding uses 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 via a 12-inch water main 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 V olusia Regional Wastewater Treatment Plant and is
conveyed via a six-inch (6") force main. County staff has indicated that there is adequate wastewater treatment and
disposal capacity for this project.
Natural Environment
Vegetation of this site contains longleaf pine and xeric oak.
Comprehensive Plan Consistency
The commercial land use category consists of a variety of retail and office uses; such as, medical facilities, shopping
centers, restaurants, automobile service facilities and similar uses. Typical neighborhood and highway service areas are
allowed a maximum floor area ratio (FAR) of 0.30. Tourist commercial areas can build up to a maximum 0.50 FAR.
The majority of commercial development within the City of Edgewater is located along US I in a strip pattern. The area
contains restaurants, convenience goods stores and neighborhood centers. Another corridor of commercial development
which has emerged is adjacent to the FEC Railroad within the Florida Shores Subdivision.
In 2000, there were 210 acres of commercially developed lands in the City. These developed lands represent only three
percent of the total acreage in Edgewater and 3.7% percent of all developed lands
Other Matters
There are no other known matters associated with this site.
ST AFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-0 I; annexing approximately 2.33 acres ofland locate south of317l
S. Ridgewood A venue.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-01; annexing approximately 2.33 acres of land locate south of 3171 S.
Ridgewood A venue.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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Robin Malusick "-
Paralegal
~~~v \\00:>""- "\"'.-\f<
Kenneth R. Hooper' \
City Manager
AN-0416 - Barnett-diocese
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ORDINANCE NO. 2005-0-01
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF 3171 SOUTH RIDGEWOOD AVENUE,
VOLUSIA COUNTY, INTO THE CITY OF EDGEWATER,
FLORIDA; SUBJECT TO THE JURISDICTION,
OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
MUNICIP ALITY; AMENDING THE DESCRIPTION OF THE
CITY OF EDGEW ATER CORPORATE LIMITS; PROVIDING
FOR FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY
APPRAISER AND THE DEP ARTMENT 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. Marcia Barnett is the applicant for property owned by Thomas G. Wenski, Bishop
of the Diocese/Orlando located South of 3171 South Ridgewood A venue, within V olusia County,
Florida. Subject property contains approximately 2.33 :!: 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 January 12, 2005, the Board
recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater.
Shtick t1dongh passages are deleted.
Underlined passages are added.
2005-0-01
NOW, THEREFORE, BE IT ENACTED by the People ofthe 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,
Stltlc,k t1l1otlgh passages are deleted.
Underlined passages are added.
2005-0-01
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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.
PARTD.
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
and Second by
o the vote on the first reading of this ordinance held on January 24,2005, was as follows:
o
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StltlGk t1uongh passages are deleted.
Underlined passages are added.
2005-0-01
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on February 7, 2005, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 7th day of February, 2005.
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
Stmck tluotlgh passages are deleted.
Underlined passages are added.
2005-0-01
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 meeting held on this 7th day of
February, 2005 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.
The West 500 feet of the Northerly 250 feet of Lot 3, excluding Road Right of Way, Bella Vista
Subdivision Unit No.2, as shown on map in Map Book 11, Page 164 of the Public Records of
Volusia County, Florida.
Containing 2.33 .:!: acres more or less.
Stltlck till ongh passages are deleted.
Underlined passages are added.
2005-0-01
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AGENDA REQUEST
Date: January 14.2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE January 24. 2005
BOARD
APPOINTMENT.
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
15t Reading - Ordinance No. 2005-0-02
Marcia Barnett, authorized agent for owner, requesting
annexation of approximately 1.03 acres ofland located
at 3301 S. Ridgewood Avenue.
OWNER: Raymond R. and Carol F. Spangler
REQUESTED ACTION: Annexation
PROPOSED USE: Construction of a professional office building.
LOCATION: 3301 S. Ridgewood Avenue and the vacant parcel to the east
AREA: 1.03:l:: Acres
CURRENT LAND USE: Vacant warehouse
FLUM DESIGNATION: Volusia County - Commercial and Urban Low Intensity
ZONING DISTRICT: Volusia County B-4W (General Commercial) and R-3W (Urban Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant Volusia County - Commercial and Volusia County - B-9 (General
Urban Low Intensity Office) and R-3W (Urban Single
Family Residential)
East Single-family Volusia County - Urban Low Volusia County - and R-3W (Urban
residential Intensity Single Family Residential)
South Vacant V olusia County - Commercial and Volusia County - B-9 (General
Urban Low Intensity Office) and R-3W (Urban Single
Family Residential)
West Convenience Store Volusia County - Commercial Volusia County - 8-4 (General
Commercial)
Background
This property currently consists of two (2) tax identification parcels, which will be combined prior to construction. The
site presently contains a small warehouse building, which the applicant is proposing to demolish and construct a
professional office building.
At their regular meeting of January 12,2005, the Planning and Zoning Board voted to send a favorable recommendation
to City Council for the annexation of this property.
Future development of this site may require a variance from the US Highway I setback. Any proposed variance would
be in response to the applicant's desire to maintain a minimum 50-foot buffer.between the proposed commercial building
and residential uses to the east.
AN-0415-Barnett
Land Use Compatibility
The proposed professional office building is compatible with the surrounding commercial uses along US Highway I.
...
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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 via a 12-inch water main along U.S. 1 and that sufficient water U
capacity exists for this project.
This project will have wastewater treated at the County's Southeast V olusia Regional Wastewater Treatment Plant and is
conveyed via a six-inch (6") force main. County staff has indicated that there is adequate wastewater treatment and
disposal capacity for this project.
Natural Environment
This property has been previously cleared and has minimal vegetation on-site.
Comprehensive Plan Consistency
The commercial land use category consists of a variety of retail and office uses; such as, medical facilities, shopping
centers, restaurants, automobile service facilities and similar uses. Typical neighborhood and highway service areas are
allowed a maximum floor area ratio (FAR) of 0.30. Tourist commercial areas can build up to a maximum 0.50 FAR.
The majority of commercial development within the City of Edge water is located along US 1 in a strip pattern. The area
contains restaurants, convenience goods stores and neighborhood centers. Another corridor of commercial development
which has emerged is adjacent to the FEC Railroad within the Florida Shores Subdivision.
In 2000, there were 210 acres of commercially developed lands in the City. These developed lands represent only three
percent of the total acreage in Edgewater and 3.7% percent of all developed lands
An amendment to the Comprehensive Plan Future Land Use map to include the proposed property shall be processed
simultaneously with the annexation and Official Zoning Map amendment.
Other Matters
At the January 12, 2005 Planning and Zoning Board meeting the Board approved the Future Land Use Map amendment 0
based on the condition that the applicant obtain a Traffic Impact Analysis for this site. The applicant has agreed to
furnish the City with said analysis and shall comply with the standards set forth in the City of Edgewater Land
Development Code.
Any development ofthis site shall satisfy all findings of the Traffic Impact Analysis, as well as all other City, County, and
State requirements.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-02; annexing approximately 1.03 acres ofland located at 3301 S.
Ridgewood A venue.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-02; annexing approximately 1.03 acres of land located at of 3301 S.
Ridgewood A venue.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~~--tJI~Y
Robin Matusick \
Paralegal
~~Q\~~~~ ~~fO
Kenneth R. Hooper ,
City Manager
AN-0415-Bamett
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ORDINANCE NO. 2005-0-02
o
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 3301 SOUTH RIDGEWOOD AVENUE AND
SOUTH CORY DRIVE, 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 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. Roy and Marcia Barnett are the contract purchasers and applicants for property owned
o by Raymond R. And Carol F. Spangler located at 3301 South Ridgewood Avenue and South Cory
Drive, within V olusia County, Florida. Subject property contains approximately 1.03 :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 January 12, 2005, the Board
Stltlck tluotlgh passages are deleted.
Underlined passages are added.
o 2005-0-02
..
recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
Q
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 ofthe municipality.
2. The boundaries of the City of Edgewater are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly. 0
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.
Stltlck till ol1gh passages are deleted.
Underlined passages are added.
2005-0-02
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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 V olusia 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 January 24,2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stltlck tluotlgh passages are deleted.
Underlined passages are added.
2005-0-02
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on February 7, 2005, was as
follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 7th day of February, 2005.
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
StI tick tluotlgh passages are deleted.
Underlined passages are added.
2005-0-02
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 7th day of
February, 2005 under Agenda Item No. 6_.
4
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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.
Parcels 1,2,3 and 4, inclusive and the Westerly 25.00 feet of Parcel 5, CORY ESTATES, according
10 the plat thereof as recorded in Official Records Book 233, Page 29 of the Public Records of
V olusia County, Florida. Together with the right to use a portion of South Cory Drive and North
Cory Drive, CORY ESTATES as recorded in Official Records Book 233, Page 29.
Containing 1.03 :!: acres more or less.
Stl tick tluotlgh passages are deleted.
Underlined passages are added.
2005-0-02
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AGENDA REQUEST
Date: 1/4/05
PUBLIC
HEARING
RESOLUTION
xx
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Resolution 2005-R-02 relating to the Mayor being designated as
the authorized individual to execute A Design/Build Utility
Agreement between the Florida Department of Transportation and
the City of Edgewater relating to the Design and Installation of a
Double Face Guardrail or Two Single Face Guardrails in the
Median ofSR 9 (1-95). FP No.: 416392-2-52-01
BACKGROUND:
The Florida Department of Transportation (FOOT) intends to
solicit proposals for a Design/Build Project which relates to the
installation of guardrails in the 1-95 median from Flagler County
through Brevard County. By executing Design/Build Utility
Agreements with the individual cities and counties along that
corridor, FDOT believes that utility conflicts with existing
utilities can be minimized, resulting in less disruption of service
and reduced cost to the utility owners and FDOT. The City of
Edge\vater currently has three separate utility lines that cross
under 1-95 from east to west in the vicinity of the S.R. 442/1-95
interchange. The agreement assures interaction between the
Design/Build Firm and the City. Staff does not anticipate any
financial impact to the City as a result ofthis project.
STAFF RECOMMENDATION:
Staff recommends adoption of Resolution 2005-R-02.
ACTION REQUESTED:
A motion to adopt Resolution 2005-R-02.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
s~~~
Ch:bA~';K
Robin Matusick, Paralegal
/ \)1 I" I<
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K eth R. Hooper
City Manager
C:\MyDociments\TerrysFileslAgendaRequel.1
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RESOLUTION NO. 2005-R-02
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; APPROVING THE MAYOR TO
EXECUTE A DESIGN/BUILD UTILITY AGREEMENT WITH
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)
FOR INST ALLA TION GUARDRAILS IN THE MEDIAN OF
STATE ROAD #9 (1-95); AUTHORIZING THE CITY
CLERK TO FORWARD A CERTIFIED COPY OF THIS
RESOLUTION AND AGREEMENT TO FDOT); REPEALING
RESOLUTIONS IN CONFLICT HEREWITH; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater, Florida, has made the following determinations:
WHEREAS, the Florida Department of Transportation (FDOT) proposes to construct a
guardrail system in the median of State Road No.9 (1-95) from Flagler County through Brevard
County.
WHEREAS, FDOT has requested that the City of Edgewater participate by authorizing the
Mayor to execute the Design/Build Utility Agreement for Financial Project ID: 416392-2-42-01. 0
NOW, THEREFORE, be it resolved by the City Council of the City of Edge water, Florida:
Section 1.
The City of Edgewater hereby approves and authorizes the Mayor to execute
the Design/Build Utility Agreement for Financial Project ID: 416392-2-42-01 (which is attached
hereto and incorporated herein as Exhibit "A"), for the installation of a guardrail system from
Flagler County through Brevard County.
Section 2.
The City Clerk is hereby authorized to forward a certified copy of this
Resolution and the executed Design/Build Agreement to Florida Department of Transportation.
Section 3.
All resolutions or parts of resolutions in conflict herewith be and same are
hereby repealed.
Section 4.
This resolution shall take effect upon adoption.
2005-R-02
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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 Judy Lichter
and Second by
AYE
NAY
PASSED AND DULY ADOPTED this 24th day of January, 2005.
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
2005-R-02
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 24th day
of January, 2005 under Agenda Item No.6_.
2
GROUP
December 3, 2004
o
Mr. Teny Wadsworth, Dir. of Public Works
City of Edgewater
409 Mango Tree Drive
Edgewater, Florida 32132
RE: PRELIMINARY DESIGN/BUILD CONTACT
FP No.: 416392-2-52-01
Counties: V olusia
State Road: 9 (1-95) .
Description: Design and Install Double Face Guardrail or Two Single Face Guardrails in Median of
SR 9 (1-95)
Dear Mr. Wadsworth:
The Department has determined that the above referenced project will be Design/Build. It is our desire to promote a
higher degree of liaison between the Department and your Company/Agency for the coordination, planning and
adjustment of your facilities involved with the construction of our roadway projects. To better coordinate the disposition
of your utility facilities, a new Agreement has been developed for this effort.
Enclosed you will find a copy of the Design/Build Utility Agreement for the above referenced project. We will be calling
you to discuss the advantages and disadvantages of this Agreement. Please have this Agreement reviewed by your legal
office prior to this call to discuss any issues you may have.
This Agreement along with other documentation must be incorporated in the Request for Proposal package, prior to to
Long List of Contractors. Therefore, this Agreement must be signed by an authorized individual for your
Company/Agency. Our files indicate that the Mayor would be an authorized individual. Please return all four (4)
signed copies to this office no later than Februarv 4, 2005. Any Agreement received after this date will not be executed
by the Department, nor included in the contractor's package.
The official start date occurs when the Design/Build Firm executes the Contract, which is scheduled for August 24,2005.
Should you have any questions or need additional information, please contact me at (407) 629-7144.
Sincerely,
TBE Group, Inc.
\~~l4
Pam Young a
Utility Coordination
Attachment:
cc:
Design/Build Utility Agreements and Resolution
Mr. Roy Brantley, District Utility Manager
Ms. Beata Palasz, FDOT Project Manager (no attachment)
File-TBE
o
TBE Group, Inc.
7 I 8 S. Northlake Boulevard Suite 1020
Altamonte Springs, FL 32701
407/629-7144
Fax: 407/629-7146
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Interim Agreement
Utilities
05/02
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DESIGN/BUILD UTILITY AGREEMENT
Financial Project 10: 416392-2-42-01 Federal Project 10: N/A
Work Program Item No. (old): N/A County/Section No: Volusia
State Job No. (old): N/A District Document No: 1
THIS AGREEMENT, entered into this _day of , year of _, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FOOT", and
City of Edgewater , hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the UAO owns certain utility facilities which are located on a public road or publicly owned
rail corridor, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the
same may be relocated, adjusted, or placed out of service); and
WHEREAS, the FOOT is currently engaging in a project which involves constructing, reconstructing, or
otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor
identified as 1-95 from Flagler County through Brevard County , State Road No. 9
hereinafter referred to as the "Project"; and
WHEREAS, the Project may require the location (vertically and/or horizontally), protection, relocation,
installation, adjustment, or removal of the Facilities, or some combination thereof, hereinafter referred to as
"Utility Work"; and
WHEREAS, the FOOT has decided to use the design/build process to complete the Project; and
WHEREAS, the FOOT and the UAO desire to enter into an agreement which establishes the terms and
conditions applicable to the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the
FOOT and the UAO hereby agree as follows:
1. Pre-bid Coordination
a.
The UAO shall, on or before March 4, 2005 ,determine the location of the UAO's
Facilities within the limits of the Project in accordance with the requirements of the FOOT's
Utility Accommodation Manual, gather that information at a single reasonable place selected
by the UAO, and advise the FOOT in writing of the place and the name and telephone number
of a contact person for the UAO who has charge over the information.
b.
Upon being presented with a copy of the notification from the FOOT of being short listed for the
Project, the UAO shall allow entities short listed for the Project to review, at reasonable times,
the information on the location of the Facilities at the place identified pursuant to subparagraph
1.a. above.
Page 1 of 13
Interim Agreement 0
Utilities
05/02
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DESIGN/BUILD UTILITY AGREEMENT
c. The UAO shall also permit the short listed entities to obtain copies of the location information.
If the UAO cannot make copies for the short listed firm, the UAO shall cooperate with the
d. short listed firm in getting copies made elsewhere. All copies, regardless of where made, will
be at the expense of the short listed firm.
2. Relationship with Design/Build Firm
a. The UAO's relationship with the design/build firm under contract to the FOOT (hereinafter
referred to as the "FIRM") can consist of one of the following arrangements:
(1) The UAO performs all design and construction services for the Utility Work (hereinafter
referred to as "Arrangement 1").
(2) The UAO performs all design services and the FIRM performs all construction services
for the Utility Work (hereinafter referred to as "Arrangement 2").
(3) The FIRM performs all design and construction services for the Utility Work
(hereinafter referred to as "Arrangement 3").
b.
The following steps shall be used to establish which arrangement described in subparagraph
2.a. will apply:
(1) The FIRM shall notify the UAO in writing that it will be performing the Project within
five (5) days of entering into the contract with FOOT. The notice shall state which of
the Arrangements described in subparagraph 2.a. above the FIRM desires to have with
the UAO.
o
(2) Within3] days of the date of the notice from the FIRM described in subparagraph
2.b.1. above, the UAO shall respond in writing to the FIRM stating which of the
Arrangements described in subparagraph 2.a. above the UAO desires to have with the
FIRM.
(3) If the UAO and the FIRM do not agree in writing within 56 days from the notice from
the FIRM described in subparagraph 2.b.(1) above as to which Arrangement to have,
the Arrangement will automatically be Arrangement 1.
(4) If Arrangement 2 or Arrangement 3 are agreed upon and the Utility Work will be at
the UAO's expense under subparagraph 4 herein, the Arrangement will automatically
be converted to Arrangement 1 if amount to be paid by the UAO to the FIRM cannot
be agreed upon between the UAO and the FIRM.
(5) The UAO shall provide copies of all correspondence between the UAO and the FIRM
to FOOT relating to Section 2, relationship with Design/Build Firm.
3. Performance of Utility Work
Page 2 of 13
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
DESIGN/BUILD UTILITY AGREEMENT
The following procedures shall apply to performance of the Utility Work based on which Arrangement is
established pursuant to subparagraph 2 of this Agreement:
a. Arrangement 1
u
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(1) At such time as the FIRM has its plans for the phase or segment of the Project (the
"Project Plans") prepared to a level where the impact on the UAO's Facilities and the
nature and extent of the Utility Work can be determined, the FIRM will provide a copy
of the plans to the UAO.
(2) The UAO shall have ~ days from receipt of the Project Plans to mark a preliminary
Utility Work design concept on the Project Plans and return the marked Project Plans
to the FIRM.
(3) The FIRM shall have ~ days from receipt of the marked Project Plans to review the
design concept and return comments to the UAO.
(4)
The UAO shall have a reasonable amount of time to prepare and return to the FIRM
plans for the Utility Work (the "Utility Plans") and a Utility Work Schedule (the
"Schedule") for the Utility Work. If the Utility Work is at the FIRM's expense, the
UAO shall also prepare a detailed cost breakdown for the Utility Work (the
"Estimate"). The Utility Plans, Schedule, and Estimate shall be prepared based on
the comments received from the FIRM. The reasonableness of the time allowed
shall be based on the nature and amount of Utility Work required, and the FIRM's
schedule for the Project. Matters unique to the UAO and its resource allocations
shall not be taken into consideration.
(5)
In the event that the FIRM finds any deficiencies in the Schedule, the Estimate, or the
Utility Plans, the FIRM will notify the UAO in writing of the deficiencies and the UAO
will correct the deficiencies and return corrected documents within the time stated in
the notice.
(6)
After receipt of a corrected Schedule, Estimate, and Utility Plans, the FIRM will issue
a work order to the UAO which authorizes the Utility Work to proceed upon the UAO
obtaining an FOOT utility permit, if applicable.
(7)
The UAO shall perform the Utility Work in accordance with the Schedule and the
Utility Plans. Time shall be of the essence in complying with the total time shown by
the Schedule for the Utility Work as well as any and all interim time frames specified
therein. The Utility Work shall be performed in a manner and using such methods so
as to not cause a delay to the FIRM in the prosecution of the Project. The UAO shall
be responsible for all costs incurred as a result of any delay to the FIRM caused by
errors or omissions in the Utility Plans, Schedule, or Estimate (including inaccurate
location of the Facilities); failure to perform the Utility Work in accordance with the
Utility Plans and Schedule; or failure of the UAO to comply with any other obligation
under this Agreement or under the law.
Page 3 of 13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
o
DESIGN/BUILD UTILITY AGREEMENT
(8) All Utility Work shall be performed by UAO's own forces or its contractor. The UAO
shall be responsible for obtaining any and all permits that may be necessary to
perform the Utility Work unless otherwise specifically agreed to in writing. The FOOT's
Engineer (as that term is defined by the FOOT's contract with the FIRM) has full
authority over the Project, and the UAO shall be responsible for coordinating and
cooperating with the FOOT's Engineer as well as the FIRM. In so doing, the UAO
shall make such adjustments and changes in the Utility Plans and Schedule as the
FOOT's Engineer shall determine are necessary for the prosecution of the Project and
shall stop work or modify work upon order of the FOOT's Engineer as determined by
the FOOT's Engineer to be necessary for public health, safety or welfare. The UAO
shall not be responsible for the cost of delays caused by such adjustments or
changes unless they are attributable to the UAO's failure to comply with its obligations
under this Agreement or under the law.
(9) The process established above shall apply separately to each phase or segment of the
Project as established in accordance with the contract between the FIRM and the
FOOT.
b. Arrangement 2
(1 )
All steps set forth under Arrangement 1 above shall apply to Arrangement 2 except
steps (7) and (8); provided, however, that the UAO shall not be required to prepare a
Schedule and the Estimate shall be limited to the cost of design for the Utility Work
only. As part of the Utility Plans, the UAO shall prepare appropriate technical special
provisions for the Utility Work that shall be reviewed and revised along with the Utility
Plans as part thereof.
o
(2) The FIRM shall perform the Utility Work (except for the design services) in accordance
with the Utility Plans.
(3) The UAO shall be entitled to have a reasonable number of representatives on the site
of the Project to verify that the Utility Work is being properly performed by the FIRM.
c. Arrangement 3
(1) At such time as the FIRM has Project Plans prepared to a level where the impact on
the UAO's Facilities and the nature and extent of the Utility Work can be determined,
the FIRM will provide a copy of the Project Plans to the UAO. The Project Plans shall
include a preliminary Utility Work design concept.
(2) The UAO shall have ~ days from receipt of the Project Plans to review them, and
provide comments to the FIRM.
(3)
At such time as the FIRM has prepared final Project Plans, including the Utility Work,
the FIRM will provide a copy thereof to the UAO. The final Project Plans shall
incorporate the comments of the UAO provided that the comments are reasonable and
do not impair or create inconsistencies with the FIRM's contract with the FOOT.
Page 4 of 13
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
DESIGN/BUILD UTILITY AGREEMENT
(4) The UAO shall have ~ days from receipt of the final Project Plans to notify the
FIRM of any errors or omissions, taking into consideration the limitations on the
FIRM'sobligation to accommodate the UAO'scomments as set forth in subparagraph
c.(3) above.
(5) The FIRM shall make final corrections to the Project Plans and provide a copy thereof
to the UAO.
(6) The FIRM shall perform the construction services for the Utility Work in accordance
with the Project Plans.
(7) The UAO shall be entitled to have a reasonable number of representatives on the site
of the Project to verify that the Utility Work is being properly performed by the FIRM.
(8) The process established above shall apply separately to eac h phase or segment of the
Project, as established in accordance with the contract between the FIRM and the
FOOT.
4. Cost of Utility Work
a.
The Utility Work will be at the expense of the FIRM under this Agreement when the Project is
federal aid eligible pursuant to the provisions of Section 337.403(1 )(a), Florida Statutes, when a
written agreement incidental to a right-of-way acquisition process requires the FOOT to
compensate the UAO for the costs of any subsequent relocation of the Facilities, or when the
UAO holds a compensable land interest under Florida condemnation law in the existing
location of the Facilities at the time of the Project. In any other circumstances, the Utility
Work will be performed at the sole cost and expense of the UAO.
b. The method to be used in calculating the cost of the Utility Work to be performed by the UAO if
the Utility Work is at the cost of the FIRM and Arrangement 1 or Arrangement 2 is in place,
shall be one of the following, as specified by the UAO at the time the Arrangement is
established unless the UAO and the FIRM agree in writing to another method of determining
the cost:
(1) Actual and related indirect costs accumulated in accordance with a work
order accounting procedure established by the FOOT.
(2) Actual and related indirect costs accumulated in accordance with an
established accounting procedure developed by the UAO and approved by the
FOOT. (If this option is selected, the UAO shall provide written evidence of
such approval).
c.
In determining the amount of the cost of the Utility Work to be at the expense of the FIRM, a
credit will be required for any increase in the value of the new Facility and for any salvage
derived from the old Facility. These credits shall be determined as follows:
Page 5 of 13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
o
DESIGN/BUILD UTILITY AGREEMENT
(1) Increase in value credit.
(a) Expired Service Life. If an entirely new Facility is constructed and
the old Facility retired, credit for the normally-expected service life of
the old Facility will be applied.
(b) Upgrading. A percentage of the total cost of the Utility Work, based
on the extent of the betterment obtained from the new Facilities will
be applied to the FIRM's obligation.
(2) Salvage Value. The FIRM shall receive salvage value credit for any salvage
which shall accrue as a result of the above Utility Work. If the construction
services for the Utility Work are being performed by the UAO, it shall be the
UAO's responsibility to ensure recovery of salvageable materials and to report
the salvage to the FIRM.
(3) The amount of the credits required above shall be determined by mutual
agreement between the UAO and the FIRM. If the UAO and the FIRM are
unable to agree on the amount of a credit, the FOOT shall determine the
amount based on historical information available to the FOOT. The FOOT's
determination of the credit amount shall be final.
5.
Payment for the Cost of the Utility Work
o
a. If the Utility Work is at the UAO's expense, then the UAO shall pay the FIRM an amount
negotiated between the UAO and the FIRM for construction services under Arrangement 2 and
for design and construction services under Arrangement 3.
b. If the Utility Work is at the FIRM's expense, then the FIRM shall pay the UAO under
Arrangement 1 the amounts as established pursuant to subparagraph 4.b. hereof for design
and construction services, less the credits as determined pursuant to subparagraph 4.c.
hereof.
c. If the Utility Work is at the FIRM's expense, then the FIRM shall pay the UAO under
Arrangement 2, the amounts as established pursuant to subparagraph 4.b. hereof for design
services.
d. If the Utility Work is at the FIRM's expense, then the UAO shall pay the FIRM under
Arrangement 2 and Arrangement 3 the amount of the credits as determined pursuant to
subparagraph 4.c. hereof.
e.
The payments as cescribed above shall be made under such terms and conditions as the
FIRM and the UAO agree upon. In the event that the FIRM and the UAO are unable to agree
upon payment terms and conditions, all amounts to be paid shall be due and payable within 30
days after acceptance by FOOT of the last phase or sequence of the Project on which Utility
Work of the UAO is to be performed. If both the UAO and the FIRM are to make payments to
the other, then the amounts may be offset and only the net amount due will be paid by the
Page 6 of 13
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
DESIGN/BUILD UTILITY AGREEMENT
party owing that amount.
6. Unforeseen Work
If unforeseen work arises during the performance of the Utility Work, it shall be performed under the
Arrangement that is applicable to the Utility Work it arose in connection with. If the Utility Work is to
be performed at the expense of the UAO, the work is being performed by the FIRM under Arrangement
2 or 3, and the UAO and the FIRM cannot agree on a price for the unforeseen work, the amount the
FIRM will be paid for the unforeseen work will be determined through the same method as additional
work is paid by FOOT under FOOT's contract with the FIRM. If the unforeseen work does not arise in
connection with other Utility Work, it shall be treated as a separate phase or segment of the Project
under this Agreement. The FOOT reserves the right to make the final determination as to whether any
unforeseen work must be performed and the UAO shall be obligated to comply with FOOT's
determination.
7. Out of Service Facilities
No Facilities shall be left in place on FOOT's Right of Way after the Facilities are no longer active
(hereinafter "Placed out of Service/Deactivated"), unless specifically allowed by FOOT in advance, in
writing. The following terms and conditions shall apply to Facilities Placed out of Service/Deactivated,
but only to said Facilities Placed out of Service/Deactivated:
a.
The UAO acknowledges its present and continuing ownership of and responsibility for Facilities
Placed out of Service/Deactivated.
b. The FOOT agrees to allow the UAO to leave the Facilities within the right of way subject to the
continuing satisfactory performance of the conditions of this Agreement by UAO. In the event
of a breach of this Agreement by UAO, the Facilities shall be removed upon demand from the
FOOT in accordance with the provisions of subparagraph 6. e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the Facilities safe
in accordance with any and all applicable local, state or federal laws and regulations and in
accordance with the legal duty of the UAO to use due care in its dealings with others. The
UAO shall be solely responsible for gathering all information necessary to meet these
obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but not limited
to, records of the location, nature of, and steps taken to safely secure the Facilities and shall
promptly respond to information requests concerning the Facilities that are Placed out of
Service/Deactivated of the FOOT or other permitees using or seeking use of the right of way.
e.
The UAO shall remove the Facilities upon 30 days prior written request of the FOOT in the
event that the FOOT determines that remova I is necessary for FOOT use of the right of way or
in the event that the FOOT determines that use of the right of way is needed for other active
utilities that cannot be otherwise accommodated in the right of way. In the event that the
Facilities that are Placed out of Service/Deactivated would not have qualified for reimbursement
under this Agreement, removal shall be at the sole cost and expense of the UAO and without
Page 7 of 13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
o
DESIGN/BUILD UTILITY AGREEMENT
any right of the UAO to object or make any claim of any nature whatsoever with regard thereto.
In the event that the Facilities that are Placed out of Service/Deactivated would have qualified
for reimbursement only under Section 337.403(1 )(a) of the Florida Statutes, removal shall be at
the sole cost and expense of the UAO and without any right of the UAO to object or make any
claim of any nature whatsoever with regard thereto because such a removal would be
considered to be a separate future relocation not necessitated by the construction of the
project pursuant to which they were Placed out of Service/Deactivated, and would therefore not
be eligible and approved for reimbursement by the Federal Government. In the event that the
Facilities that are Placed out of Service/Deactivated would have qualified for reimbursement for
other reasons, removal of the out of service Facilities shall be reimbursed by the FOOT as
though the Facilities had not been Placed out of Service/ Deactivated. Removal shall be
completed within the time specified in the FOOT's notice to remove. In the event that the UAO
fails to perform the removal properly within the specified time, the FOOT may proceed to
perform the removal at the UAO's expense pursuant to the provisions of Sections 337.403 and
337.404 of the Florida Statutes.
f.
Except as otherwise provided in subparagraph e. above, the UAO agrees that the Facilities
shall forever remain the legal and financial responsibility of the UAO. The UAO shall reimburse
the FOOT for any and all costs of any nature whatsoever resulting from the presence of the
Facilities within the right of way. Said costs shall include, but shall not be limited to, charges
or expenses which may result from the future need to remove the Facilities or from the
presence of any hazardous substance or material in the Facilities or the discharge of
hazardous substances or materials from the Facilities. Nothing in this paragraph shall be
interpreted to require the UAO to indemnify the FOOT for the FOOT's own negligence; however,
it is the intent that all other costs and expenses of any nature be the responsibility of the UAO.
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8. Oefault
a. In the event that the UAO breaches any provision of this Agreement, then in addition to any
other remedies which are otherwise provided for in this Agreement, the FOOT may exercise
one or more of the following options, provided that at no time shall the FOOT be entitled to
receive double recovery of damages:
(1) Terminate this Agreement if the breach is material and has not been cured within 60
days from written notice thereof from FOOT.
(2) Pursue a claim for damages suffered by the FOOT or the public.
(3) Pursue any other remedies legally available.
(4) Perform any work with its own forces or through contractors and seek repayment for
the cost thereof under Section 337.403(3) of the Florida Statutes.
b. In the event that the FOOT breaches any provision of this Agreement, then in addition to any
other remedies which are otherwise provided for in the Agreement, the UAO may exercise one
or more of the following options:
Page 8 of 13
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
DESIGN/BUILD UTILITY AGREEMENT
(1) Terminate this Agreement if the breach is material and has not been cured within 60
days from written notice thereof from the UAO.
(2) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has pursuant
to other agreements between the parties, nor from any statutory obligations that either party
may have with regard to the subject matter hereof.
9. Indemnification
For Government-Owned Utilities,
To the extent provided by law, the UAO shall indemnify, defend and hold harmless the FOOT and all of
its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out
of any acts, action, error, neglect or omission by the UAO, its agents, employees, or subcontractors
during the performance of the Agreement, whether direct or indirect, and whether to any person or
property to which FOOT or said parties may be subject, except that neither the UAO, its agents,
employees or subcontractors will be liable under this section for damages arising out of the injury or
damage to persons or property directly caused by or resulting from the negligence of the FOOT or any
of its officers agents or employees during the performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the
performance of services required under this Agreement, the FOOT will immediately forward the claim to
the UAO. The UAO and the FOOT will evaluate the claim and report their findings to each other within
fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the
claim, the FOOT will determine whether to require the participation of the UAO in the defense of the
claim or to require the UAO to defend the FOOT in such claim as described in this section. The
FOOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of
this section. The FOOT and the UAO will pay their own costs for the evaluation, settlement
negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial,
that party is responsible for all costs.
For Non-Government-Owned Utilities,
The UAO shall indemnify, defend and hold harmless the FOOT and all of its officers, agents and
employees from any claim, loss, damage, cost, charge or expense arising out of any acts, action,
error, neglect or omission by the UAO, its agents, employees, or subcontractors during the.
performance of the Agreement, whether direct or indirect, and whether to any person or property to
which FOOT or said parties may be subject, except that neither the UAO, its agents, employees or
subcontractors will be liable under this section for damages arising out of the injury or damage to
persons or property directly caused by or resulting from the negligence of the FOOT or any of its
officers, agents, or employees during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FOOT's option, to
participate and associate with the FOOT in the defense and trial of any damage claim or suit and any
related settlement negotiations, shall arise within seven (7) days of receipt by the UAO of the FOOT's
notice of claim for indemnification to the UAO. The notice of claim for indemnification shall be served by
certified mail. The UAO's obligation to defend and indemnify within seven (7) days of such notice shall
Page 9 of 13
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
o
DESIGN/BUILD UTILITY AGREEMENT
not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates
liability and determines the UAO is not liable or determines the FOOT is solely negligent. Only a final
adjudication or judgment finding the FOOT solely negligent shall excuse performance of this provision
by the UAO. The UAO shall pay all costs and fees related to this obligation and its enforcement by the
FOOT. The FOOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to
defend.
10. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this
Agreement to the extent such performance is prevented by an act of God, war, riots, natural
catastrophe, or other event beyond the control of the non-performing party and which could not have
been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse
from performance has (a) promptly notified the other party of the occurrence and its estimated duration,
(b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed
performance as soon as possible.
11. Third Party Rights
The UAO acknowledges and agrees that the FIRM is hereby made an intended third party beneficiary of
this Agreement with full rights of enforcement under that status as if it was a party to this Agreement.
This provision is made a part of this Agreement notwithstanding Section 337.11 (1), Florida Statutes, it
being agreed by the UAO and the FOOT that said statutory provision prohibits a non-party hereto from
claiming incidental third party beneficiary rights, but does not prohibit the express creation of an
intended third party beneficiary. In addition, without limiting the provisions of any other part of this
Agreement, the UAO hereby releases the FOOT its employees from and waives its right to pursue any
claim arising out of the actions of the FIRM or the UAO's direct dealings with the FIRM, it being
understood that the UAO shall also be given intended third party beneficiary rights against the FIRM as
it relates to matters arising out of the performance under this Agreement as though the FIRM was a
party hereto.
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12. Miscellaneous
a. If the Utility Work is at the expense of the FIRM under this Agreement and will be performed by
the UAO, the UAO shall fully comply with the provisions of Title VI of the Civil Rights Act of
1964 and any subsequent revisions thereto in connection with the Utility Work covered by this
Agreement, and such compliance will be governed by one of the following methods as
determined at the time of the issuance of the work order:
(1) The UAO will perform all or part of such Utility Work by a contractor paid
under a contract let by the UAO, and the Appendix "A" of Assurances
transmitted with the issued work order will be included in said contract let by
the UAO.
(2) The UAO will perform all of its Utility Work entirely with UAO's forces, and
Appendix "A" of Assurances is not required.
(3)
The Utility Work involved is agreed to by way of just compensation for the
taking of the UAO's facilities on ight-of-way in which the UAO holds a
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
DESIGN/BUILD UTILITY AGREEMENT
compensable interest, and Appendix "A" of Assurances is not required.
(4) The UAO will perform all such Utility Work entirely by continuing contract,
which contract to perform all future Utility Work was executed with the UAO's
contractor prior to August 3, 1965, and Appendix "A" of Assurances is not
required.
b. The Facilities shall at all times remain the property of and be properly protected and maintained
by the UAO in accordance with the then current Utility Accommodation Manual and the current
utility permit for the Facilities.
c. Pursuant to Section 287.058 of the Florida Statutes, the FOOT may unilaterally cancel this
Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or
other material subject to the provisions of Chapter 119, Florida Statutes, and made or received
by the UAO in conjunction with this Agreement.
d.
This Agreement constitutes the complete and final expression of the parties with respect to the
subject matter hereof and supersedes all prior agreements, understandings, or negotiations
with respect thereto, except that the parties understand and agree that the FOOT has manuals
and written policies and procedures which shall be applicable at the time of the Project and the
relocation of the Facilities. Copies of FOOT manuals, policies, and procedures will be provided
to the UAO upon request.
Q
e. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof
found to be unlawful or unenforceable shall be severable and shall not affect the validity of the
remaining portions hereof.
f. Time is of essence in the performance of all obligations under this Agreement.
g. All notices required pursuant to the terms hereof may be sent by first class United States Mail,
facsimile transmission, hand delivery, or express mail and shall be deemed to have been
received by the end of five business days from the proper sending thereof unless proof of prior
actual receipt is provided. The UAO shall have a continuing obligation to notify each District of
the FOOT of the appropriate persons for notices to be sent pursuant to this Agreement.
Unless otherwise notified in writing, notices shall be sent to the following addresses:
If to the UAO:
City of Edgewater
490 ManQo Tree Drive
Edgewater, FL 32132
If to the FOOT:
Florida Department of Transportation
719 South Woodland Blvd.
Deland, FL 32720
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If to the FIRM, then to person first giving any notice to the UAO under this Agreement, or such
other person as may be designated in writing by the FIRM from time to time.
Page 11 of 13
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
Form No. 710-010-18
Utilities
05/02
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DESIGN/BUILD UTILITY AGREEMENT
h. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public
work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months
from the date of being placed on the convicted vendor list.
i. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a
bid on a contract to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to a public entity, may not be awarded or,
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity.
13. Certification
This document is a printout of an FOOT form maintained in an electronic format and all revisions thereto
by the UAO in the form of additions, deletions or substitutions are reflected only in an Appendix entitled
"Changes To Form Document" and no change is made in the text of the document itself. Hand
notations on affected portions of this document may refer to changes reflected in the above-named
Appendix but are for reference purposes only and do not change the terms of the document. By signing
this document, the UAO hereby represents that no change has been made to the text of this document
except through the terms of the Appendix entitled "Changes To Form Document."
o
You MUST signify by selecting or checking which of the following applies:
~
No changes have been made to this Forms Document and no Appendix entitled "Changes
To Form Document" is attached.
D
No changes have been made to this Form Document, but changes are included on the
attached Appendix entitled "Changes to Forms Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first
written.
UTILITY: City of Edgewater
BY: (Sianature)
DATE:
(Typed Name:
(Typed Title:
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
DESIGNIBUILD UTILITY AGREEMENT
Form No. 710-010-18
Utilities
05/02
Recommend Approval by the District Utility Engineer
BY: (Sianature)
DATE:
FDOT Legal review
BY: (Sianature)
DATE:
FDOT Legal Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Sianature)
DATE:
(Typed Name: NORANNE B. DOWNS
(Typed Title: DISTRICT DIRECTOR OF PRODUCTION
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY:
DATE:
(Typed Name:
(Typed Title:
Page 13 of 13
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l.A.
AGENDA REQUEST
January 13, 2005
PUBLIC
HEARING
ORDINANCE
RESOLUTIONS
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
x
ITEM DESCRIPTION:
Appointment of member to Police Pension Board.
BACKGROUND:
This appointment is the Council's employee appointed member.
STAFF RECOMMENDATION:
Staff recommends Council appoint Malecia Harris to the Police Pension Board.
ACTION REQUESTED:
Motion to appoint a City employee, Malecia Harris, to the Police Pension Board to serve a two
(2) year term of office (January 2007).
FINANCIAL IMPACT (FINANCE DIRECTOR) Nt A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) NO
PREVIOUS AGENDA ITEM:
DATE: ~,/..3;~oo5
i/
Respectfully submitted,
4~ ~UJ
Deborah Sigler,
Personnel Director
YES
NO X
AGENDA ITEM NO.
"'- .",
01-13-05P04:06 RCVD
APPLICATION FOR APPOINTMENT TO CITY
BOARDS AND COMMITTEES
~ Malecia Harris
ADDRESS 2621 India Palm Drive, Edgewater, FL 32141
HOME PHONE (386) 423-3831
BUSINESS PHONE (386) 424-2471
OCCUPATION Purchasing Agent
Are you a registered voter? yes
Voting District #3
Are you a resident of Edgewater yes
6 years
How long
Is your principal place of employment in Edgewater? yes
if yes how long? 6 years
Briefly state your interest in serving on a City board or committee:
Interested in understanding the duties related to the committee.
State your experience/qualifications
Are you employed by the City?~Do you hold public office? no
At the present time, do you serve on any other Boards or committees?
no If so, list each:
Have you ever served on any boards or committees? no 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
_____CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
_____GENERAL EMPLOYEES PENSION BOARD
_____LIBRARy BOARD
_____RECREATION & CULTURAL SERVICES
_____PLANNING & ZONING BOARD
~POLICE PENSION BOARD
_____VETERANS PARK ADV. COMMITTEE
_____FIREFIGHTERS PENSION BOARD
SIGNATURE 1afl f -Ii.. il If-I(o.N/L,
*SEE REVERSE SID FOR LIS~G OF BOARDS AND
DATE: ilrt-11.-1.1dAf j,i,,-~6
COMMITTEES (R~~ed 2-7-03)
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AGENDA REQUEST
Date: January 14,2005
PUBLIC
HEARING
ORDINANCE
RESOLUTION
x
BOARD
APPOINTMENT.
OTHER
BUSINESS January 24. 2005
CONSENT
ITEM DESCRIPTION:
Sign agreement between Patrick J. Girvan and Tanya Belinda Girvan (applicants/owners) and the City of
Edgewater.
Background
The applicant is the owner of a non-conforming sign located at 200 I South Ridgewood A venue. The applicant
wishes to enter into an agreement for the purpose of bringing the non-conforming sign into compliance, per
Section 21-65 of the City of Edge water Land Development Code. The applicant agrees to remove, or cause to
be removed, or bring into compliance the non-conforming sign(s) by no later than July I, 2005. The City
agrees that during the term of this Agreement it shall forgo enforcement of Article VI "Sign Regulations" of
the City of Edgewater Land Development Code.
The Planning and Zoning Board recommended approval at their regular meeting of January 12,2005.
STAFF RECOMMENDATION
Staff recommends allowing the City to enter into a "Sign Agreement" with Patrick J. Girvan and Tanya
Belinda Girvan.
ACTION REQUESTED
Motion to allow the City to enter into a "Sign Agreement" with Patrick J. Girvan and Tanya Belinda
Girvan.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
fb~~
Chief Planner
~.
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Robin Ma sick -CI\.
Paralegal
\(~&~\~~ \"\f~.
Kenneth R. Hooper '\ I
City Manager
no name saloon sign agreement
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.
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
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Scott Cookson, Esq.
FOLEY & LARDNER LLP
111 North Orange Avenue, Suite 1800
Orlando, FL 32801-2386
(407) 423-7656
SIGN AGREEMENT
THIS SIGN AGREEMENT (this "Agreement") is made and entered into this _ day of
, 2005, by and between Patrick J. Girvan and Tanya Belinda Girvan, whose
address is 2001 South Ridgewood Avenue, Edgewater, FL 32141, and whose telephone number is
(386) 428-9229 (hereinafter referred to as the "Applicant/Owner"), and the CITY OF
EDGEWATER, a Florida municipal corporation, whose address is P.O. Box 100, Edgewater,
Florida 32132-0100 (hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Owner is the owner of that certain real property located in V olusia County,
Florida, as more particularly described in Exhibit "A" attached hereto and incorporated herein by
reference (the "Sign Property"); and
WHEREAS, the Applicant is the owner of a sign( s ) (the "Non-Conforming Sign( s )") within 0
the Sign Property that constitutes an illegal and/or non-confirming sign under the provisions of
Article VI of the Land Development Code ("LDC") for the City of Edgewater (the "Sign
Regulations"); and
WHEREAS, the Applicant, Owner and City wish to enter into an agreement, as
contemplated by Section 21-65 of the LDC, for purposes of bringing the Non-Conforming Sign(s)
into compliance without enforcing the Sign Regulations by adjudication by the City's Code
Compliance Board or the court system.
NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and
conditions set forth herein, and for other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
Section 1. Recitals. The above recitals are true and correct, form a material part of this
Agreement, and are incorporated herein by this reference.
Section 2. Forbearance of Code Enforcement Action. The City agrees that, during
the term of this Agreement, it shall forgo enforcement of the Sign Regulations, including
adjudication by the City's Code Compliance Board or a court of law, and shall not otherwise
penalize or cause the Applicant to be penalized for the Applicant's current failure to remove or bring
into compliance the Non-Conforming Sign(s).
(Agreement/Sign Agreement - No Name Saloon)
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Section 3. Removal of Non-Conforming Sign(s). The Owner and Applicant agree that,
in exchange for the City's forbearance of enforcement of the Sign Regulations, the Applicant shall
remove, or cause to e r moved, or ~g into compliance the Non-Conforming Sign(s) by no later
than the L day of , 2002. The Applicant further agrees that the Applicant, its agents,
contractors and em oy e shall take due care in performing those activities the Applicant deems
reasonably necessary to remove the Non-Conforming Sign(s) from the Sign Property.
Section 4. Mitigation of Sign Property. The Applicant shall, at its sole cost and
expense, restore any existing improvements on the Sign Property that are damaged by the Applicant
as a result of the Applicant's removal or alterations to the Non-Conforming Sign(s) and shall restore
the Sign Property to a condition which approximates as closely as reasonably practicable the
condition of the said existing improvements prior to being damaged by the Applicant.
Section 5. Applicant's Authority to Enter Sign Property. The Owner hereby grants
the Applicant, its agents, contractors and employees the right to enter upon the Sign Property for the
limited purpose of allowing the Applicant, its agents, contractors and employees to perform those
activities on the Sign Property that the Applicant may deem reasonably necessary to remove the
Non-Conforming Sign from the Sign Property.
Section 6. Default. The failure of the Applicant to remove or bring into compliance the
Non-Conforming Sign by the agreed upon date provided in Section 3 above and/or the failure of
Owner to allow Applicant to enter upon the Sign Property to bring the Non-Conforming Sign(s) into
compliance shall constitute a default under this Agreement.
Section 7. Remedies Upon Default. In the event of a default as defined in Section 6
above, the City shall have the right to take whatever steps it deems necessary to bring the
Non-Conforming Sign(s) into compliance, including but not limited to, adjudication by the City's
Code Enforcement Board or through the court system. In addition, in the event of a default, the City
may, but is under no obligation to, enter upon the Sign Property and remove or bring into
compliance the Non-Conforming Sign(s) at the Applicant's expense.
Section 8. Termination. This Agreement shall terminate upon the removal of or
bringing into compliance of the Non-Conforming Sign(s).
Section 9. Headings. The headings of the paragraphs contained herein are intended for
reference purposes only and shall not be used to interpret the agreements contained herein or the
rights granted hereby.
Section 10. Modification. This Agreement may not be modified or amended without the
prior written consent of each of the parties hereto or their respective successors or assigns.
Section 11. Entire Agreement. This Agreement contains the entire understanding of the
parties hereto on the matters set forth herein.
IN WITNESS WHEREOF, the parties have subscribed their names and have caused this
(Agreement/Sign Agreement - No Name Saloon)
2
.
,
.
Agreement to be executed as of the day and year first above written.
Signed, sealed and delivered
in the pre nce of:
APPLICANT:
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-~~ ~1.:ctlJ1tJ~m
f Print Name: Patrick J. Girvan
Title: Owner
~iCL5 C'1IP-~~
Print Nam : Tanya Belinda Girvan
Title: Owner
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me thi~Di:aay ofJ\.)f)~grr-. .bz200^'-J,
by Patrick J. Girvan and Tanya Belinda Girvan, Applicant/Owner. They ar~] personally Rnown
to me or [ ] has produced 1) I Oz.. as identification.
WITNESS my hand and official seal in the County and State aforesaid this ~ I ~y of
~rr-b? --" ), 2004.
Seal/Stamp
(~D~~~J'~('k
Notary Public \.
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Print Name '
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(Agreement/Sign Agreement - No Name Saloon)
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CITY:
ATTEST:
CITY OF EDGEWATER, a Florida
municipal corporation
By:
Susan 1. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
[Affix Seal]
Robin L. Matusick
Legal Assistant/Paralegal
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this _ day of , 200_,
by Donald A. Schmidt, as Mayor of the City of Edgewater and Susan 1. Wadsworth, as City Clerk
of the City of Edgewater. They are [ ] personally known to me or [ ] have produced
as identification.
WITNESS my hand and official seal in the County and State aforesaid this _ day of
,200_.
Seal/Stamp
Notary Public
Print Name
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
Approved by the City Council of the City of
Edgewater at a meeting held on this _
day of 200 under
Agenda Item No.6
(Agreement/Sign Agreement - No Name Saloon)
4
EXHIBIT "A"
(the "Sign Property")
The West 125 feet of Lots 21 and 22, Block 3, RIVEREDGE ACRES, as recorded in Map Book
9, Page 260 of the Public Records of Vol usia County, Florida per Official Records Book 4596,
Page 1002.
(Agreement/Sign Agreement - No Name Saloon)
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TENT A TIVE AGENDA ITEMS
\\. ~ .
FEB7
1) 2nd Reading, Ord #2005-0-01, Annexation, Diocese of Orlando
2) 2nd Reading, Ord #2005-0-02, Annexation, Roy & Marcia Barnett
3) 151 Reading, Ord #2005-0-03, Comp Plan Amend, Diocese of Orlando
4) pI Reading, Ord #2005-0-04, Rezoning, Diocese of Orlando
5) 151 Reading, Ord #2005-0-05, Comp Plan Amend, Roy & Marcia Barnett
6) 151 Reading, Ord #2005-0-06, Rezoning, Roy & Marcia Barnett
7) Carson abandonment of 6' planting strip, Alamanda
8) FDOT Maintenance Agreement
FEB 9 - 5:00 pm - Workshop @ Hibiscus Fire Hall
1) 2005 Goals/Objectives
2) Johnson Controls, reclaim water improvements, meters, rates
3) Urban growth
FED 21 - Canceled - President's Day
MAR 7
1) 2nd Reading, Ord #2004-0-31, annexation, 5,601 acres, Snowden (cont froml/24/05, item 6D)
2) 2nd Reading, Ord #2005-0-03, Comp Plan Amend, Diocese of Orlando
3) 2nd Reading, Ord #2005-0-04, Rezoning, Diocese of Orlando
4) 2nd Reading, Ord #2005-0-05, Comp Plan Amend, Roy & Marcia Barnett
5) 2nd Reading, Ord #2005-0-06, Rezoning, Roy & Marcia Barnett
6) 151 Reading, Ord #2005-0-, Comp Plan Amend, Halstead, 2.3 1 acres
7) 1 sl Reading, Ord #2005-0-, Zoning Map Amend, Halstead, 2.3 :t acres to RPUD
8)" 1 sl Reading, Ord #2005-0-, Comp Plan Amend, Herman
9) 1 sl Reading, Ord #2005-0-, Rezoning, Herman
10) Amending Personnel Policy and Procedures Manual
MAR 21
1) Text Amendment, LDC Changes (TA-0401)
2) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Halstead, 2.3 1 acres
3) 2nd Reading, Ord #2005-0-, Zoning Map Amend, Halstead, 2.3 1 acres to RPUD
4) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Herman
5) 2nd Reading, Ord #2005-0-, Rezoning, Herman
6) 151 Reading, Ord #2005-0-, Airpark-Massey area rezonings
APRIL 4
1) 2nd Reading, Ord #2005-0-, Airpark-Massey area rezonings
The following are waiting on comments from DCA:
1) 2nd Reading, Ord #2004-0-22, Annexation, 173.471 acres, Massey/Forte Macaulay (9/27, 6B)
2) 2nd Reading, Ord #2004-0-32, Comp Plan Amend, Massey/Macaulay, 173.47 acres, Mixed Use(l0/18)
3) 2nd Reading, Ord #2004-0-33, Rezoning, Massey/Macaulay, 173.47 acres to RPUD (10/18)
4) 2nd Reading, Ord #2004-0-35, Comp Plan Amend, Hospital Site, Public/Semi-Public(l0/18)
5) 2nd Reading, Ord #2004-0-38, Comp Plan Text Amendment (10/18)
6) 2nd Reading, Ord #2004-0-36, Comp Plan Amend, Page, west 442 (10/18)
Rev. 1/18/05
I:\Iiz _ docs\oullines\aitems020705