02-07-2005
'-'
...",
Voting Order
Councilman Brown
Councilman Vincenzi
COiDICilwomanRlwdes
Councilwoman Lichter
Mayor Schmidt
. 4..~
AGENDA
CITY COUNCIL OF EDGEW ATER
REGULAR MEETING
February 7, 2005
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROV AL OF MINUTES - None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TIONS
A. Chief Ignasiak presenting a plaque to Officer Andrew Gaden for "Officer of
the Quarter".
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, Rich Fromm, Rich's Place, 2576 S. Ridgewood Avenue,
requesting a Special Activity permit for Bike Week 2005 events with outdoor
music to be held on March 10-12,2005.
B. 2nd Reading, Ord. No. 2005-0-01, Marcia Barnett, authorized agent for
Diocese of Orlando, requesting annexation of2.33::!:: acres of property located
south of 3171 S. Ridgewood Avenue.
C. 1 sl Reading, Ord. No. 2005-0-03, Marcia Barnett, authorized agent for
Diocese of Orlando, requesting an amendment to the Comprehensive Plan
Future Land Use Map to include 2.33::!:: acres of property located south of
3171 S. Ridgewood Avenue as Commercial with Conservation Overlay.
D. 1 sl Reading, Ord. No. 2005-0-04, Marcia Barnett, authorized agent for
Diocese of Orlando, requesting an amendment to the Official Zoning Map to
include 2.33::!:: acres of property located south of3171 S. Ridgewood Avenue
as B-3 (Highway Commercial).
E. 2nd 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.
F. 1 st Reading, Ord. No. 2005-0-05, Marcia Barnett, authorized agent for
Raymond and Carol Spangler, requesting an amendment to the
Comprehensive Plan Future Land Use Map to include 1.03::!:: acres of property
located at 3301 S. Ridgewood Avenue as Commercial with Conservation
Overlay.
'-'
...",
City Council Agenda
February 7, 2005
Page -2-
~
....
6. Public Hearings, Ordinances and Resolutions Cont.
G. 1 sl Reading, Ord. No. 2005-0-06, Marcia Barnett, authorized agent for
Raymond and Carol Spangler, requesting an amendment to the Official
Zoning Map to include 1.03::!:: acres of property located at 3301 S. Ridgewood
Avenue as B-3 (Highway Commercial).
H. Res. No. 2005-R-02, authorizing the Mayor to execute a Memorandum of
Agreement between the City of Edgewater and FDOT for City to continue
performing highway maintenance and the City to be paid an annual sum of
$29,206.
7. BOARD APPOINTMENTS - None at this time.
8. CONSENT AGENDA
All matters listed under the consent agenda are considered to be routine by the City Council
and will be acted upon by one motion. There will be no separate discussion of these items
unless discussion is desired by a member of the Council, in which case the Mayor will
remove that item from the consent agenda and such item will be considered separately.
A. Amended Marine Interlocal Agreement - staff recommends amendment to the
Agreement which would exclude V olusia County, provides for cost sharing
in the event one City terminates participation and clarifies the patrol area of
the river.
9. OTHER BUSINESS - None at this time.
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 March 7, 2005, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, February 28, 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
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone
number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay
operator at 1-800-955-8771.
I:\liz _ docs\agendas\020705reg
:>
'j
'-.;
'-'
<.>
G:..(\ .
AGENDA REQUEST
Date: February L 2005
PUBLIC
HEARING 2/7/05 RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Rich Fromm, owner of Rich' s Place, located at 2576 S. Ridgewood Avenue is requesting a
Special Activities permit for Bike Week 2005 events with outdoor music to be held March
10 through March 12, 2005.
BACKGROUND
The event is scheduled for March lOth through March 12th, 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. on March lih only.
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 Rich's Place to hold Bike Week 2005 activities with
outdoor music from March loth through March 12th, 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 the rear area on the west side of the business;
3. No fire hydrants may 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 must fully comply 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. No parking is permitted in public right-of-ways or in the site visibility triangle;
9. U.S. Hwy 1 be marked with cones in front of the business to slow traffic and prevent
accidents;
10. 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. \J
11. No amplified public address system shall be in use after 9:00 p.m.
ACTION REQUESTED
Motion to approve the special activities permit to allow Rich's Place to hold Bike Week
2005 activities with outdoor music from March 10th through March 12th, 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 the rear area on the west side of the business;
3. No fire hydrants may 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 must fully comply 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. No parking is permitted in public right-of-ways or in the site visibility triangle; 0
9. U.S. Hwy 1 be marked with cones in front ofthe business to slow traffic and prevent
accidents;
10. 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.
11. No amplified public address system shall be in use after 9:00 p.m.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
~~~-I\
Robin Matusick \..
Legal Assistant
Y..~& \( \\.oo~~
Kenneth R. Hooper \ ~\ ~
City Manager \ U
o
<..>
CITY OF EDGEW ATER
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 De)Glo1.t I ,- ,'2.. 2ooS-
() I r Date
Applicant Name: ~ '- t' t'\Ot I' 0>- G- F r-- r0 fY"'.- \~
Sponsor/Organization Name: \K._lC_~ '? \ O>-C-~
Applicant/Sponsor Address: 257 Go "'S. L-L S .... t
AddressILocation of Event: f)A-rv--Q-
Local Contact Telephone Number: if'']..&, /~ !3? Emergency # yr~ 7 0 ~ ~ /
.....---:; .. .I
Name of Event: -6~ /.:::' r ~ e /C-
Description of Event: 13f?] q ~OL-t- -
Date(s) ofEvent:.J~ III it i, .~~~ .Q'~ime(s) of Event:
Set-up/Tear down dates: (if needed): ~
) - 'i' to J!:'
u
Expected Attendance: { '7 (p ,-
Will admission be charged? ( ) Yes (~o /M~ttz.. (~orvl:s
Will outside live/recorded music or sound amplification be used? M Yes-Hours? l~-:::.qf() No
Will vendors be at the event? ( ) Yes ( ) No How many? ~:j Iv\ t:
If yes, please check the following that apply:
Food
'No
()~.
II rSI tlJ[.J
o v 41'lJ;
(/
Alcoholic beverages
Soft drinks
V" Arts/Crafts
L Other (specify)
What equipment will be required/used? Check all that apply.
./ Water
VEleCtriCity
Barricades
V' Trash Cans
(How Many?)
(How Many?)
u
~
Special Activities Applicationl-17-03
1
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. 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: ,-0~ ? .2--- Date: /. / ;2.. Z=o ->.0
Special Activities Applicationl-17-03
3
o
o
o
<J
u
o
VENDOR INFORMATION SHEET
(copy sheet for additional vendors)
Business Name:
Type of Business:
Owner Name:
Business Address:
Business Phone Number:
Please attach a copy of all applicable state and local licenses.
Special Activities Application 1-17 -03
5
1....~g.9~P'L.. .._.. .__ ___..
I PROOUCE~ AA Armstrong Al,llo Insurance
2111 s. Ridgewood Ave #2
Eagewater, Fl321'l1
(3~~1427.~~30 __. __.
CERTiFicATEOF-L/ABiuiYiNSuRANce- :-. -- r'IlA~1'=O
1"-" .--. ..--. ..... --- ._.__ . ..___. . ._... 1..._... . .... __ '_
I THIS CeRTIFICATE IS IssueD AS A MAlTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
I HOLDER, THIS CERTIFICATE DOES NOT AMENO, EXTEND OR
I ...AI. TE.~ TI:!!;..QOVERAJ,U: Aff.Q~P~.P !iJ-Y-THE P.o!'~~S...ft!;;1.0.YL _.
j.~~S~~~o~FF.Q.'3D!~9 C~V~GE _. ._. _.. .-.J. NAI~ '._. _..
/lNS~B!;R ~t'-!!!~~cC?~~y _. ... _.. _ ._. .._... ~: _._. . ....
l':~i::'~;=:. '-.. .~=.. ~~.':"..~~" ~ i' =. .....~ ..='-
!ffl?U~.I;I!P;._.. _. _... ._... . . ..__
.-- .-. -- -.-. ..--. .. J!f~~RER!t. _... .. _. _.... ...._ __.. __. __. .._. .__ . _.. __ _
...- .~....~.. ..-,..
I INSUReD Debbie Or Rich Rich's Place
2576 S RidgewoOd Ave
Edgewater, Fl 32141
L._ ._. ..__. __. _... .__
COVERAGES
[. THE- poi.iCIEs-oF INsuRANCE USTED HAVE BEEN IssuEr)'ro'THifiNsuRED NAMEO ABoVl!-FOR THE POLlCVPERI06 INDiCATm. NOTWiTHStANDING' ___ "_
ANY REQUIREMENT, IERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH 'fHIS CERTIt:ICATE MAY BE ISSUED OR
i W\Y PE;RTA'N, iHE INSURANCE AFFORDED 8Y THE POliCIES DESCRIBED HEREIN IS SU8JECT TO ALL THE 'rEAMS. ENCl.USIONS ANo CONDITIONS OF SUCH
POUCIES. AGGREGJ\TE LIMITS SHOWN MAY HAVE BeEN RI::DUCeo BY PAID CLAIMS.
'~::J",::'r---,;;OF'~;';''';;~. - --'-;;;,.;;:..;;;.;;- ;,:w='1 ~~; --. _ _ ~;..;.;- _ __ ___
I r.lr~~:~::~~~~~:~lll~-111~P31'~0D --f'::ro<--'r':~5- 't~e~1"OOO'= _
A 0 go ClAN'MADE OOCCU, I 1::::""",,,,;,=:=;3 ~-: _~ J
1/ 0 , ...~... ...~~. .=-- .~.... , I 1~~~'::~I~OOD.o~ _~
1- -T~~~~~~rrO'~~"'-- ------i- - -r--- - -~M':~O;:o~:rr-:-~L-..-=- .-=-..,
o ANY AUTO I I (~~d~L _ __.__ . '_ .~
o ... OWNED A",OS """- Y ''''UNY I
o 0 SCHEDUlEOAUTOS (Pe~rllO~ I 9
[] HIRED AUTOS BODILY iNJ';RY' _" .__. . ._.. _
CI NON OWNEO AUTOS (Per accidenlJ t
Ij -- ..-. ...-. I I PR~;eR;:;~AW;-~E -.. .-.-..
~",,",L;;:;- -- - - I~ --1-'- 1~~',!AAc<:illeNr_
o li: AUT":' _ _ _ -f ___ ~__ _ [~;~l.W' _ ~_~=- _~-=- .:.~
1- "'C:~:;;'__"~ CLAN,,,,,,,, 1 I ~:'o::~~.""!'~- -1'-' _I
o [J I I [-------- - -- - 1
I B =:: I I ~.. === -~_ =::=-~I
,.- 'WORKERSCO-MPENSAnONANo ....-.. -....-. ...- .- .--.. 1 i 0 0 -I
I A~LRoO~RRS'ET'O LIA8R Ip 11.IARTYTNl!R (EXECUTIve I . -, ....f ~'E L.!t~!~'E:~-"~~' .. -=.. ..~=-. ",'
I OFFICER (MEMBER EXCL\iDEO? I I /'e.'l.:ijiSEASE :iA EMPLOYEE _._ ._
Ifyes d serlbB u der I ___. _'._ __.. 'On_ ___... _I
1..-~p",,':'-p~!ON!.""~__. .-. .1... -.- .-. - --- .-- +- -. .--- ~~'~E-PO"CY_"-~ _ -. .._ _I
r ""k=-... il.....TiOJiSi ",CAnoN" ....!...s,........... All... BY -..n~IS...lAL ..JorON,. .._ __ _.J _ . _ j
1 ""'~""" ""'m 1
I I
1 I
1.- .-- .---. _ -. __._. .__.. ._. _ _._.. __. I
CERTIFICATe HOLDER ..-. ..- ,_<?AN~EllA!.'Otl ...-- _ .__ "_. ...._._ ._ .___. '_' I
.' -'- . _nO' . ..--.. .-.. SHOUlD ANY Of THe ABove DESC"'BIiD POLICIES Be CAtolCELLECl8EFORl! THE I
EXPIRATION DATE THIiREOF. THE ISSUING INsURE~ WlU ENDEAVOR TO MAIL .
city of edgewater DAYS WRITTEN NOTICE TO THE CII:RTlFICATE HOLDER NAMED TO
po box 100 THETE". _UT FAl1.URE TO DO SO SHALL IMPOSE NO O'LIGATION OR lIABIlITY9
edgewaler. FL 32132 Of' D UPON HE 'NSUR R.lTS AGeNTS OR REPRESENT.t,T1VES.
J'~r .1~_ )'"O-z>n:- - '":.' - --A-C-O--R'D'-C-O~R' P'-O':~~TID~~1988..---1
ACORD 25(2001/08; ff ~.....: ~ "" 'YO
-.- ...-.. ....- .--
Hil t13 39\1d
~NT ~N~I~W~H H H
h70T/7..00C"'T
~~."T ~n~~~n~'T~
]
u
u
u
City of Edgewater
PO BOX 100
Edgewater, FL 32132
To whom it may concern:
I, Rich Fromm, acknowledge that they I am 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. associated with my
Special Activity event.
nk~~
~ (.)~v .
10 -
1 J.: q7::
, f' (,lJ .>":'
I {
~' J ()
<' ~. (\.t. C.l \
1'2....
c"..L ~, <
, ~J;'\'" (' {~\.::;.,.. ~
-,-~,.' i', F ~:~""...'.,!.:r'" '::U.., -r! .... /
- );01\ ll\:ic:::.:-:' . ,
,,///..c;. . t.:. ....._.<j
: l,.?
.i i {<.::.I':-~:'
. f.:;
:..'
<>-,' ~
. .~
i
, ,
"
.....:.
"
i.
<' ~'
, ~-~
>." -r:}'\ L. i
'.
f
~
~ t." ...:..")
\
"
. .
...,~,._<~.......-,....~:.. ..
~
!
.\"
t9~T" s., ibe'
~hfL,.
. .~,
.~
\
----
.----
..--
'-
'\.
"
:;,
....--
....--
,..........---.,.~
~.
f"
"-"'-"--'--~'i
I
I
. ',. \ ,'^,.
e'f. .ti ~. :5 "Tr,.., (I
-. It .. .... . l1t.1.,.\\.9,w:.:t q
~, t
4-,
tA
I
t
t:I
r::J
P
o
.~., '~'\-S.
. \. .... "~.,
s::::J ....n ..
r.:J
D
\
'"'\
, \. \ \\ \, a
.....~
--
~,~.
r;-~
hec.t.::-
--..-.\" _.
"\
\., \
--..
-~
-'""---"'.--.
.............
......) :
". .
-1
) \
I i
I \
" . t
o
u
Q
u
SPECIAL ACTIVITY PERMIT
RICH'S PLACE
2576 S. RIDGEWOOD AVENUE
EDGEWATER, FLORIDA 32141
APPLICANT -Rich Fromm
FUNCTION: Bike Week Events and BBQ with outdoor music
THE FOLLOWING PERMIT CONDITIONS ARE APPLICABLE TO RICH'S PLACE
FOR March 10, thru March 12 2005,
SPECIAL ACTIVITY PERMIT REQUIREMENTS
1. A Special Activity Permit has been issued for Rich's Place Bike Week Poker Run and
BBQ Poker Run activities with Outdoor Music, to be held March 10, thru March 12,
2005. Outdoor music from 1:00 p.m. until 9:00 p.m. on March 12,2005 only. (3 days at
$200.00 per day. Fee of $600.00 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 of at least
$200,000 to protect City from liability in form and substance acceptable to City.
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.
o
10. The proposed use is limited to a specific period of time 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 1st
through June 30t\ and one 10-day period and two I-day charitable events/activity
between the dates of July 1st 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.
o
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 of20 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
o
2
u
Q
o
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
"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. 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
the rear area on the west side of the business;
3. No fire hydrants 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 must fully comply with Section 21-37 (Special Activity Requirements) of
the Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation)
3
of the Code of Ordinances;
8.
No parking is permitted in public right-of-ways or in the site visibility triangle;
9. U.S. Hwy 1 be marked with cones in front of the business to slow traffic and prevent
accidents;
10. 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.
I AM AWARE THAT I WILL BE 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
4
o
o
o
u
w
u
(QJ LINE .01 VI.SIBILlTY
~ ..~~.
CORNER lOT
Special Activities Applicationl-17 -03
(ZjV1SIBlLITY In'f.UGL'
6
:~
--f
o
u
u
6.~
AGENDA REQUEST
Date: January 25, 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE February 7, 2005
x
BOARD
APPOINTMENT.
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-01
Marcia Barnett, authorized agent for owner, requesting
annexation of approximately 2.33 acres ofland located
south of 3171 S. Ridgewood Avenue.
OWNER: Thomas G. Wen ski 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 of3 171 South Ridgewood Avenue (St. Gerard's Church)
AREA: 2.33:f: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia 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 Desil!Dation Zonin2 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 Vol usia County - R-3W (Urban
and vacant Intensity Single Family Residential)
South Abandoned warehouse, V olusia County - Commercial and Volusia County - B-4 W (General
vacant and single-family Urban Low Intensity Commercial) and R-3 W (Urban
residential Single Family Residential)
West Single-Family Residence Volusia County - Commercial Volusia 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 12,2005, the Planning and Zoning Board voted to send a favorable recommendation
to City Council for the annexation of this property.
City Council voted to approve Ordinance No. 2005-0-01 at first reading on January 24, 2005.
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 0"
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 1. The City of
Edgewater has verified that potable water via a l2-inch water main is available along U.S. 1 and that sufficient water
capacity exists for this project.
This project will have wastewater treated at the County's Southeast 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 ofEdgewater 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
Other Matters
There are no other known matters associated with this site.
o
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-0 I; annexing approximately 2.33 acres ofland located south of
3171 S. Ridgewood Avenue.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-0 I; annexing approximately 2.33 acres of land located south of 3171 S.
Ridgewood A venue.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
January 24, 2005
AGENDA ITEM NO.
6H
~~~.I~-C'\.
Robin Matusick
Paralegal
Y-...Vvvv-. & Q \\ao~ ~r'
Kenneth R. Hooper \ \
City Manager
o
AN-0416 - Barnett-diocese
2
~
...
<.)
Q
Q
ORDINANCE NO. 2005-0-01
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF 3171 SOUTH RIDGEWOOD AVENUE,
VOL USIA COUNTY, INTO THE CITY OF EDGEW A TER,
FLORIDA; SUBJECT TO THE JURISDICTION,
OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE
MUNICIPALITY; AMENDING THE DESCRIPTION OF THE
CITY OF EDGEW A TER CORPORATE LIMITS; PROVIDING
FOR FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY
APPRAISER AND THE DEPARTMENT OF STATE;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Marcia Barnett is the applicant for property owned by Thomas G. Wenski, Bishop
of the Diocese/Orlando located South of 3171 South Ridgewood Avenue, 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.
Stl nGk tIll on5h 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
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
Stl1tGk thlotl&h passages are deleted.
Underlined passages are added.
2005-0-01
2
.....
~
o
o
o
"f"
t
u
u
'->
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading ofthis ordinance held on January 24, 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
St1l1ck t1llot1~h 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
Shtick thlotlgh passages are deleted.
Underlined passages are added.
2005-0-01
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
'\.-
t.
o
o
o
/;
!
u
u
u
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
V olusia County, Florida.
Containing 2.33 :!: acres more or less.
Stltlck tlHon~h passages are deleted.
Underlined passages are added.
2005-0-01
5
w
en
w
o
o
2i
~
w
z
~
OJ
f
CI) g.
~ It
~ 0
;:.., .~
~ -g
(j C/)
~~I
<:{z
\.
\.
.
m
.
.
l-
ii
:I:
~
o
~
o
-
\
\
cQ,' \
.. ... ..
...... \
...... \
1 \
, \
, \ \
,......~ - - - ~ .. ~
I
I
I
I
I
I
I
I
I
I
I
I
I
~C\~
o"'~ , ,
,
,
,
,
,
,
,
,
\
\
\
\
\
\
\
\
\
o
~
'f
\.)
u
Q
fa ,C,
AGENDA REQUEST
Date: January 25. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE February 7.2005
x
BOARD
APPOINTMENT.
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
I sl Reading - Ordinance No. 2005-0-03
Marcia Barnett, authorized agent for owner, requesting
an amendment to the Comprehensive Plan Future Land
Use map to include approximately 2.33 acres of land
located south of 3171 S. Ridgewood A venue as
Commercial with Conservation Overlay.
OWNER: Thomas G. Wenski as Bishop of the Diocese of Orlando
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as
Commercial with Conservation Overlay.
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:l:: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia 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 Desi2nation Zoning 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 Family 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 Family Residential)
West Single-Family Residence Volusia County - Commercial Volusia 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 12,2005, the Planning and Zoning Board voted to send a favorable recommendation
to City Council for the Comprehensive Plan Future Land Use Map amendment of this property.
CPA-0421 - Barnett-diocese
c
,
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 I.
o
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. 1 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 longleafpine 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 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
Other Matters
There are no other known matters associated with this site.
o
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-03; amending the Comprehensive Plan Future Land Use Map to
include approximately 2.33 acres ofIand located south 00171 S. Ridgewood A venue as Commercial with Conservation
Overlay.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-03; amending the Comprehensive Plan Future Land Use Map to include
approximately 2.33 acres of land located south of 3 171 S. Ridgewood Avenue as Commercial with Conservation
Overlay.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
G\ch~l'\'AL:U .f'j~-<
Robin Matusick \
Paralegal
Y's_r~A\(\\oo~ ~ to.
Kenneth R. Hooper \ '\ .
City Manager \
o
CP A-0421 . Barnett-diocese
2
~
';
Q
u
u
ORDINANCE NO. 2005-0-03
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 COUNTY
COMMERCIAL AND URBAN LOW INTENSITY TO CITY
COMMERCIAL WITH CONSERVATION OVERLAY FOR
PROPERTY LOCATED SOUTH OF 3171 SOUTH
RIDGEWOOD AVENUE, EDGEW A TER, 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. Marcia Barnett is the applicant/agent of record for Thomas G. Wenski, Bishop of the
Diocese/Orlando who are the owners of certain real property located South of 3171 South
Ridgewood Avenue, Edgewater, Florida. Subject property contains approximately 2.33 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 County Commercial and
Urban Low Intensity to City Commercial with Conservation Overlay for the property described
herein.
2005-0-03
fitl tl~k tht ough passages are deleted.
Underlined passages are added.
1
.
,
3. On January 12, 2005, the Planning and Zoning Board, sitting as the City's Local
o
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
7 to 0, recommended that the City Council approve the request.
4. In a letter dated January 7,2005 and February 7, 2005, the Legal Department notified
the owners by mail of the property and all property owners who own real property directly affected
by the proposed action within 300 feet of the subject property regarding the pending Amendment.
5. On February 7, 2005, 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 March 7, 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, February 24,2005.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
o
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
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,
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 with Conservation Overlay 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).
2005-0-03
StI tick tin otlgh passages are deleted.
Underlined passages are added.
2
o
..
J
u
u
o
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
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.
PART D.
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.
2005-0-03
StI tick tin Otlgh passages are deleted.
Underlined passages are added.
3
PARTG.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on February 7, 2005 is as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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
2005-0-03
Stt tick tilt otlgh passages are deleted.
Underlined passages are added.
4
..
~
o
o
o
,.
)
u
u
Q
PASSED AND DULY ADOPTED this 7th day of March, 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
2005-0-03
Stl tick tht ongh passages are deleted.
Underlined passages are added.
5
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
March, 2005 under Agenda Item No.
6
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
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
V olusia County, Florida.
Containing 2.33 :!:: acres more or less.
2005-0-03
311 tick tin otlgh passages are deleted.
Underlined passages are added.
6
..
I
\
o
o
o
u
W
tn
W
o
o
is
~
z
~
m
€
CI)
CI) ~
:t::: a:
E
::J 't3
.-'1 z .c "~
'"'-..J "_-g
(j CI)
~~I
~
o
u
~
I-
m
:E
~
~
,-\
q. \
CO! .. __\
..
---- \
---- \
I \ .
, \
, \ \
,-- --~ - - -,. .."
I
I
I
I
I
I
I
I
I
I
I
I
I
,
I
~~.
-
.
o
AGENDA REQUEST
Date: January 25. 2005
PUBLIC
HEARING
ORDINANCE February 7. 2005
x
RESOLUTION
BOARD
APPOINTMENT.
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
I sl Reading - Ordinance No. 2005-0-04
Marcia Barnett, authorized agent for owner, requesting
an amendment to the Official Zoning Map to include
approximately 2.33 acres ofland located south 00171
S. Ridgewood Avenue as B-3 (Highway Commercial).
OWNER: Thomas G. Wenski as Bishop of the Diocese of Orlando
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway Commercial).
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
U CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Commercial and Urban Low lntensity
ZONING DISTRICT: Volusia County B-9 (General Office) and R-3W (Urban Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
North
Current Land Use
St. Gerard's Church
FLUM Desi nation
Public/Semi-Public with
Conservation Overla
Volusia County - Urban Low
Intensi
Volusia County - Commercial and
Urban Low Intensity
Zonin District
P/SP (Public/Semi-Public)
East
Single-Family Residence
and vacant
Abandoned warehouse,
vacant and single-family
residential
Single-Family Residence
Volusia County - Commercial
South
West
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.
u
At their regular meeting of January 12,2005, the Planning and Zoning Board voted to send a favorable recommendation
to City Council for the Official Zoning Map amendment of this property.
RZ-0420 - 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 of this
parcel and any future commercial use of the site is compatible with the surrounding uses along US Highway I.
o
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 long leaf 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 Edge water 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.
o
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-04; amending the Official Zoning Map to include approximately
2.33 acres of land located south of 3171 S. Ridgewood Avenue as B-3 (Highway Commercial).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-04; amending the Official Zoning Map to include approximately 2.33 acres of
land located south of 3171 S. Ridgewood A venue as B-3 (Highway Commercial).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
G\ . ~
. ~L.tAr~('I\
Robin Matusick
Paralegal
\z..~~~'\<\~c~~\p 0''''
Kenneth R. Hooper \ '1
City Manager \
o
RZ-0420 - Barnett-diocese
2
J
f
u
Q
o
ORDINANCE NO. 2005-0-04
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-9 (GENERAL
OFFICE) AND COUNTY R-3W (URBAN SINGLE-F AMIL Y
RESIDENTIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED SOUTH OF 3171 SOUTH
RIDGEWOOD AVENUE, EDGEW A TER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FORAN EFFECTIVE DATE, RECORDING AND
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Marcia Barnett is the applicant for property owned by Thomas G. Wenski, Bishop
of the Diocese/Orlando and located South of3171 South Ridgewood Avenue, Edgewater, Florida.
Subject property contains approximately 2.33 acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from County B-9 (General Office) and County R-3W (Urban Single-Family
Residential) to City B-3 (Highway Commercial) for the property described herein.
3. On January 12, 2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 7 - 0, the Board
recommended that City Council consider approval of the request.
4. On February 7, 2005, 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 27,2005.
Strock tluotlg,h passages are deleted.
Underlined passages are added.
2005-0-04
1
5. On March 7, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on February 24, 2005, and notifying by mail all
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
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
County B-9 (General Office) and County R-3W (Urban Single-Family Residential) to City B-3
(Highway Commercial):
Stl t1Gk till otlgh passages are deleted.
Underlined passages are added.
2005-0-04
2
t.
l
o
o
o
J
,-,
J
<.)
u
Q
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 Vol usia County, Florida.
Containing 2.33 :t acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
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 Edge water, 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.
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.
PARTE.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
StltlGk tlllotlgh passages are deleted.
Underlined passages are added.
2005-0-04
3
'-
recording into the public records of V olusia County, Florida.
PART F.
EFFECTIVE DATE.
o
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by
and Second by
, the vote
on the first reading of this ordinance held on February 7, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt -
Councilman James P. Brown
-
Councilman Dennis Vincenzi
-
Councilwoman Harriet E. Rhodes -
Councilwoman Judy Lichter - 0
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
Stll1Gk tluotlgh passages are deleted.
Underlined passages are added.
2005-0-04
4
o
F;.
,J
o
u
Q
PASSED AND DULY ADOPTED this 7th day of March, 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
Shtick tIlIotlgh passages are deleted.
Underlined passages are added.
2005-0-04
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
March, 2005 under Agenda Item No. 6_.
5
w
o
w
o
o
is
~
w
z
~
€
Q)
~O
~
~ ~
"'" .~
~"l ..Q
.U OJ
~~I
<jz
~
:;.1
~
'\
..
:c
l-
ii
sO
~
o
,-\
It .... \
....4
.... \
,.... .... \
, \
, \ \
,.... \ \
.... .._--~ ~~
I
I
I
I
I
I
I
I
I
I
I
I
I
~\ C\~
0\1\ ,
"
"
"
"
\'
\
\
\
\
\
\
\
\
o
(..~
....
.
AGENDA REQUEST
o
Date: January 25. 2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE February 7. 2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd 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: 1.03:1: Acres
CURRENT LAND USE: Vacant warehouse
U 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 V olusia County - B-9 (General Office)
Urban Low Intensity 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 Volusia County - Commercial and Volusia County - B-9 (General
Urban Low Intensity Office) and R-3W (Urban Single
Family Residential)
West Convenience Store V olusia County - Commercial Volusia County - B-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.
o
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.
AN-0415-Bamett
,
City Council voted to approve Ordinance No. 2005-0-02 at first reading on January 24, 2005.
Land Use Compatibility 0
The proposed professional office building is compatible with the surrounding commercial 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 1. 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 capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via 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 0
simultaneously with the annexation and Official Zoning Map amendment.
Other Matters
There are no other known matters associated with this site.
ST AFF 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 ofland located at 330 I S. Ridgewood
Avenue.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
Januarv 24, 2005
AGENDA ITEM NO.
61
Respectfully Submitted By:
~-::t~ f'Y-~_i/;.~1(
Robin M~tusick "-
Paralegal
V'~l~ '2 \-\009"'-.. \. 0<
Kenneth R. Hooper \ '\ 0
City Manager \1
AN-0415-Barnett
2
~
~
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 FORAN 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
U 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 ::!:: 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
Stltlc,k t1uotlgh 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:
o
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City 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. 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 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.
Stl n,k t1uongh passages are deleted.
Underlined passages are added.
2005-0-02
2
o
o
o
o
"I
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.
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.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on January 24,2005, 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
StI lick till ollgh 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
Stltlck tIuongh 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
\,
,.
o
o
o
<.)
o
o
~
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
to the plat thereof as recorded in Official Records Book 233, Page 29 of the Public Records of
Volusia 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.
StInGk t1uotlgh passages are deleted.
Underlined passages are added.
2005-0-02
5
t
~ ~ 8-
:~ a:
z <{z -.l 13
! .0 .~
C3 .Q
. 0
~~I
,,\
,,,-,.,,
"
~
~
~
.
~ .
I-
m 0
:E
~
~
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
..'-'
o
.-.'-'
I
,
o
(;
-"
(l::,
~
12
(l"
~
~
~
"
!::
"7.
"::>
3;"-
1- -:: '
:->"1 E
(;:(l\)
{!
'"
"5
j
0 ~ uJ
,
~ ~
~
'>l. .
<:> ~
~ "'::2
o
---
~
~
~
Ji
j
-4
~
,~
...,
". ...'..
=> t
, '1
j , ~
J :-Y;i:) \.,j""fd
2,: lJ
, ,
I )
I HN'
1-- - - - - - _ _ _ _ _ __ _ _ c _ ~__ _ __ .. _ _ _ _ __ _ _ .. _ _ __ _ __
,
,
,
I
,~
~
'"
"
,,t
,
I
I
,
I
,
,
a~(l"l;;J1"1 )..Ofi "~" 1:;I/zlV:f ,,0
,0-:'
.1-1,3
. Ob 'b/'l
'J .. I?() ,I,I 0 ~J t;,.
~
~
~
~
~
""1--
~ ~
'"
~ ~
~
t
1
., '>-
~ '):(
~
-v
~
...
~
-s- ~
~
,ab'bpl
.
.L~ J."1vf1JSv t-.8'z.. -S,31"'V1 ~7"{I/Jg"J,~flT"I
J '0 {'i ^ 'Vfl N? I h
.~ '(1
~, ;..,.,
~.IOf;"o;:!//"V103)"f
~
~
OJ .::'
......{.. ~
\ 4
2 "
----.1>
i
t')~
.;L~
<I"
O~
r--"l
r'lr
AN
\};~
.0 ,
0.....,
O~
<&~,
It. "
\!II
lLl
<fl '
V)
001
~d
0' . ~ ..~
~ IJ- ~,"
...."-oj dJ\ioY.;'.
rQIIl ,QI'IJlUQ
ql9~"o'tr,hU:lii
-\, 1Il~i:f: ,II- ~
I' i-ui' ~ ;" ~.~
Il;-~ II' I' ,e.lk
rn~t!i~3!:\9J'
llJ 'A ~ 0 'r :z (f> ,
u"'rI -r s::. _~
r .~ ;~, ~tJ) c.j
-q=2 ,cda It if: s;:j II ;!..
"'<t_IlUJ~~ll.-:<t. (J
..cO.iju:-:['..atJ.:
h;Q.Q>~o'al!i
'<!.5U4:~liiU.
'.s~p-o..~n;1'>!.U1
, , I
~
~
~
\-.:
~
~
~
~
':t
'l.
<l
"
(j
"-
'l.
~
!t-
III
\j
I
~
""
~\
~l
x
0%
a:
~
Cl
I-
<<: ..
;: ~
~
II)
II)
) :
~ ~
'0: UJ
lil
-J
-
s
~
~
~
MO
~-
_.
o
=
~.
~,
.
i '
.>c::
(J
LL
~
<::l ~
c.j
r:L
· i
c:i ~
~
~
,
~ "
<<:
Cl
...
'.1
u
u
u
.
6\~,
AGENDA REQUEST
Date: January 25. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE February 7. 2005
x
BOARD
APPOINTMENT.
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2005-0-05
Marcia Barnett, authorized agent for owner, requesting
an amendment to the Comprehensive Plan Future Land
Use Map to include approximately 1.03 acres of land
located at 330 I S. Ridgewood A venue as Commercial
with Conservation Overlay.
OWNER: Raymond R. and Carol F. Spangler
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as
Commercial with Conservation Overlay.
PROPOSED USE: Construction of a professional office building.
LOCATION: 3301 S. Ridgewood Avenue and the vacant parcel to the east
AREA: 1.03:1: Acres
CURRENT LAND USE: Vacant warehouse
FLUM DESIGNATION: Volusia County - Commercial and Urban Low Intensity
ZONING DISTRICT: VoIusia 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 V oIusia County - Commercial and VoIusia 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 Volusia 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 - B-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 Comprehensive Plan Future Land Use Map amendment ofthis property provided a traffic study is
completed.
Future development of this site may require a variance from the US Highway 1 setback. Any proposed variance would
CP A-0420-Bamett
.
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.
t
Land Use Compatibility
The proposed professional office building is compatible with the surrounding commercial uses along US Highway I.
o
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway]. The City of
Edgewater has verified that potable water is available via a 12-inch water main along U.S. ] 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
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 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
At the January ]2,2005 Planning and Zoning Board meeting the Board approved the Future Land Use Map amendment
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.
o
Any development ofthis site shall satisfy all fmdings ofthe Traffic Impact Analysis, as well as all other City, County, and
State requirements.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-05; amending the Comprehensive Plan Future Land Use Map to
include approximately 1.03 acres of land located at 330] S. Ridgewood Avenue as Commercial with Conservation
Overlay, provided a traffic study is completed and any required roadway improvements are approved by all applicable
agencies prior to anyon-site development.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-05; amending the Comprehensive Plan Future Land Use Map to include
approximately 1.03 acres ofland located at 330] S. Ridgewood Avenue as Commercial with Conservation Overlay
provided a traffic study is completed and any required roadway improvements are approved by all applicable agencies
prior to anyon-site development.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~ --.J'
. . Cccl:A P.A f':-Lf',K
Robin r;]atusick \..,
Paralegal
\~~\?\\~ ~\. ,0
Kenneth R. Hooper \ "\ ^'
City Manager \ \j
CP A-0420-Bamett
2
,
J
u
<..>
u
~
ORDINANCE NO. 2005-0-05
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 COUNTY
URBAN LOW INTENSITY AND COMMERCIAL TO CITY
COMMERCIAL WITH CONSERVATION OVERLAY FOR
PROPERTY LOCATED AT 3301 SOUTH RIDGEWOOD
A VENUE AND SOUTH CORY DRIVE, EDGEW A TER,
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. Roy and Marcia Barnett are the contract purchasers and applicants for Raymond R.
and Carol F. Spangler for property located at 3301 South Ridgewood A venue and South Cory Drive,
Edgewater, Florida. Subject property contains approximately 1.03 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 County Urban Low Intensity
and Commercial to City Commercial with Conservation Overlay for the property described herein.
3. On January 12, 2005, 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
2005-0-05
StItlck t1l1otlgh passages are deleted.
Underlined passages are added.
1
,
,
:,
7 to 0, recommended that the City Council approve the request.
4. In a letter dated January 7, 2005 and February 7,2005, the Legal Department notified
o
the owners by mail of the property and all property owners who own real property directly affected
by the proposed action within 300 feet of the subject property regarding the pending Amendment.
5. On February 7, 2005, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(l)(c), Florida Statutes, on March 7, 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, February 24,2005.
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
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
o
amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water,
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 with Conservation Overlay 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
2005-0-05
Struck till ongh passages are deleted.
Underlined passages are added.
2
o
J
u
u
'->
Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which addresses
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.
PART D.
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.
PARTF.
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.
2005-0-05
StI tick tm ongh passages are deleted.
Underlined passages are added.
3
PART H. ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on February 7, 2005 is as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
AYE
NAY
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2005-0-05
Stl tll:k thl 0tl~1 passages are deleted.
Underlined passages are added.
AYE
NAY
4
...
I
.
o
o
o
,.
,f ~-
"
u
Q
o
PASSED AND DULY ADOPTED this 7th day of March, 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
2005-0-05
Stl tick th:i otIgh 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 7th day of
March, 2005 under Agenda Item No.
6
5
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 Westerly2S.00 feet of ParcelS, CORY ESTATES, according
to 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 i: acres more or less.
2005-0-05
StttlGk thtotlgh passages are deleted.
Underlined passages are added,
6
'.
..
.
o
o
o
"
.1
I
e
Q)
8-
~ 0.:'"-
I- "E
I- ::J ts
w .-'1z :-... "~
Z '-1 ~'"5
~ t) C/)
m ~~I
u
~\
~
~
-'-
'-
~
~
~
~
o
'-.J
~
I-
m
s:
~
~
~
~
~
~
--
,--
,
~C\~
o~~ ,
,
,
,
,
,
,
,
\'
\
\
\
\
\
\
\
\
--
,
"
()
Q
Q
e.G..
AGENDA REQUEST
Date: January 25.2005
PUBLIC
HEARING
ORDINANCE February 7. 2005
RESOLUTION
x
BOARD
APPOINTMENT.
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2005-0-06
Marcia Barnett, authorized agent for owner, requesting
an amendment to the Official Zoning Map to include
approximately 1.03 acres of land located at 3301 S.
Ridgewood A venue as B-3 (Highway Commercial).
OWNER: Raymond R. and Carol F. Spangler
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway Commercial)!.
PROPOSED USE: Construction of a professional office building.
LOCATION: 3301 S. Ridgewood A venue and the vacant parcel to the east
AREA: 1.03:!: 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 Desilmation 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 Volusia County - Commercial and Volusia County - 8-9 (General
Urban Low Intensity Office) and R-3W (Urban Single
Family Residential)
West Convenience Store Volusia County - Commercial Volusia County - B-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 Official Zoning Map amendment of this property.
Future development of this site may require a variance from the US Highway 1 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.
RZ-0419-Bamett
..
Land Use Compatibility
The proposed professional office building is compatible with the surrounding commercial uses along US Highway I.
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 0
Edgewater has verified that potable water is available via a 12-inch water main along U.S. 1 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
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
Other Matters
At the January 12, 2005 Planning and Zoning Board meeting the Board approved the Future Land Use Map amendment
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.
o
Any development ofthis site shall satisfy all fmdings of the Traffic Impact Analysis, as well as all other City, County, and
State requirements.
ST AFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-06; amending the Official Zoning Map to include approximately
1.03 acres ofland located at 3301 S. Ridgewood Avenue as B-3 (Highway Commercial).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-06; amending the Official Zoning Map to include approximately 1.03 acres of
land located at 3301 S. Ridgewood Avenue as B-3 (Highway Commercial).
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~'i:L~jC
Robin Matusick
Paralegal
\~~~ <v \\cr~~'\.'f"
Kenneth R. Hooper )
City Manager
o
RZ-0419-Bamett
2
~
.
.'
CJ
C)
Q
ORDINANCE NO. 2005-0-06
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICA TION FROM COUNTY B-4W (GENERAL
COMMERCIAL) AND COUNTY R-3W (URBAN SINGLE-
FAMILY RESIDENTIAL) TO CITY B-3 (HIGHWAY
COMMERCIAL) FOR PROPERTY LOCATED AT 3301
SOUTH RIDGEWOOD AVENUE AND SOUTH CORY DRIVE,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
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/applicants for property owned by
Raymond R. and Carol F. Spangler and located at 3301 South Ridgewood Avenue and South Cory
Drive, Edgewater, Florida. Subject property contains approximately 1.03 acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from County B-4W (General Commercial) and County R-3W (Urban Single-Family
Residential) to City B-3 (Highway Commercial) for the property described herein.
3. On January 12, 2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 7 - 0, the Board
recommended that City Council consider approval of the request.
4. On February 7, 2005, 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 27,2005.
StltlGk t1uotlgh passages are deleted.
Underlined passages are added.
2005-0-06
1
5. On March 7, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on February 24, 2005, and notifying by mail all
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
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
County B-4W (General Commercial) and County R-3W (Urban Single-Family Residential) to City
B-3 (Highway Commercial):
Shuck till on~J. passages are deleted.
Underlined passages are added.
2005-0-06
2
'-
"
o
o
o
c,
.1
.
u
u
u
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 to the plat thereof as recorded in Official Records Book 233,
Page 29 of the Public Records of Vol usia 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 i. acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
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 Edge water, 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.
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.
StI tick t1u otIgh passages are deleted.
Underlined passages are added.
2005-0-06
3
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.
PARTG.
ADOPTION.
After Motion by
and Second by
, the vote
on the first reading of this ordinance held on February 7,2005, was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StI tick thlotlg;h passages are deleted.
Underlined passages are added.
2005-0-06
4
NAY
'-
",
o
o
o
)>
u
o
o
After Motion by
and Second by
, the
vote on the second reading of this ordinance 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 March, 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
Stlth~k tluongh passages are deleted.
Underlined passages are added.
2005-0-06
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
March, 2005 under Agenda Item No. 6_.
5
\..
e ~ \
Q)
~ g. ....
~ ~ d:: ii5
w <lz ts :E
z P .Q) 0
~ .Q" tl
c :::J
. CI)
lD '~I
~
~
m
':C
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
\
...""
~-\
~, \
It ",. \
",."
",. \
",."" \
I \
,
, \ \
,,,,. \ \
",. ~---~ ~~
I
I
I
I
I
I
I
I
I
I
I
I
I
~\ C\~
O~ ~
~
~~
~~
~~
~~
\
\
\
\
\
\
\
\
\
'i
t
()
u
<.)
'C: ~.
AGENDA REQUEST
Date: January 3 L 2005
PUBLIC
HEARING
ORDINANCE
RESOLUTION X
BOARD APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
FDOT Highway Maintenance Agreement
BACKGROUND:
The City of Edge water and FDOT (Florida Department of Transportation) have had a Memorandum
of Agreement for highway maintenance for the past several years. The current agreement has expired
and FDOT has forwarded a new agreement to the City for consideration of continuing the
maintenance of the State Highways within our city. FDOT will compensate the City of Edgewater
a sum of $29,206.00 per year for the cost maintenance.
ST AFF RECOMMENDATION:
Staff recommends the City of Edgewater enter into the Memorandum of Agreement for highway
maintenance with FDOT.
ACTION REQUESTED:
Motion by City Council to approve Resolution 200S-R-02, entering into the Memorandum of
Agreement with FDOT and authorizing the Mayor to execute the document.
FINANCIAL IMPACT: (FINANCIAL DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~r<.~'JLv,,^(
Robin Matusick
Paralegal
~~~ <Q. \\.c~ ~~ ~
Kenneth R. Hooper \ ~
City Manager
a Corder
epartment Director
.
f
RESOLUTION NO. 2005-R-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA; AUTHORIZING THE MA YOR TO
EXECUTE THE HIGHWAY MAINTENANCE
MEMORANDUM OF AGREEMENT (CONTRACT NUMBER
ANV27) BETWEEN THE CITY OF EDGEWATER AND
FLORIDA DEPARTMENT OF TRANSPORT A TION (FDOT)
FOR THE MAINTENANCE OF STATE ROAD RIGHT-OF-
WAYS BY THE CITY; REPEALING RESOLUTIONS IN
CONFLICT HEREWITH; AND ESTABLISHING AN
EFFECTIVE DATE.
o
WHEREAS, the City of Edgewater, Florida, has made the following determinations:
WHEREAS, the City of Edgewater desires to continue ongoing maintenance services
relating to State road right-of-ways with the Florida Department of Transportation (FDOT).
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida:
Section 1.
The City Council hereby authorizes the Mayor to execute the Highway
Maintenance Memorandum of Agreement (Contract Number ANV27) between the City of 0
Edgewater and Florida Department of Transportation (FDOT) which authorizes maintenance of
State road right-of-ways.
Section 2.
A copy of said Agreement is attached hereto and incorporated herein as
Exhibit "A".
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
1
o
"i-
u
o
o
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 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
200S-R-02
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
2
-,
,
.,
CITY OF EDGEWATER
AND
THE FLORIDA DEPARTMENT OF TRANSPORTATION
o
HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT
Contract No.: ANV27
THIS Agreement, entered into this _ day of
, 2005, by and between the
STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of the
State of Florida, hereinafter called the DEPARTMENT and the CITY OF
State of Florida, existing under the Laws of Florida, hereinafter called the CITY,
WITNESSETH
WHEREAS, as a part of the continual updating of the State of Florida Highway
System, the DEPARTMENT, for the purpose of safety, has created roadway, roadside areas and
median strips on that part of the State Highway System within the limits ofthe CITY or adjacent 0
to; and
WHEREAS, the CITY hereto is of the opinion that said roadway, roadside areas
and median strips shall be attractively maintained;
WHEREAS, the parties hereto mutually recognize the need for entering into an
Agreement designating and setting forth the responsibilities of each party; and
WHEREAS, the CITY, by Resolution dated the day
of , 2004, attached hereto as Exhibit" A", which by reference hereto shall become a part
hereof, desires to enter into this Agreement and authorizes its officers to do so.
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each
to the other, the parties covenant and agree as follows:
o
1
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-05
CONTRACT NO.: ANV27
"
()
1. The CITY shall be responsible for routine maintenance of all shoulders, landscaped
and/or turfed areas within DEPARTMENT rights-of-way having limits described by Exhibit
"B", or subsequent amended limits mutually agreed to in writing by both parties. For the
purpose of this Agreement, the maintenance to be provided by the CITY is defined in Exhibit
"C", or as defined by subsequent amended definitions agreed in writing by both parties.
2. The CITY shall be responsible for clean up, removal and disposal of all debris from
the DEPARTMENT'S rights-of-way (described by Exhibit "B", or subsequent amended limits
mutually agreed in writing by both parties) following a natural disaster (i.e. hurricane, tornadoes,
etc.) or from other normal occurrences such as vehicle accidents and spills. However, the
DEP ARTMENT shall not deduct from the payment to the CITY, costs for impairment of
performance of any activity or part thereof defined in Exhibit "C", as a result of such event and
the redirection of CITY forces towards fulfillment of the responsibility under this article.
3. To the extent permitted by Florida law the CITY agrees that it will indemnify and
hold harmless the DEPARTMENT and all of the DEPARTMENT'S officers, agents, and
o employees from any claim, loss, damage, cost, charge or expense arising out of any act, action,
neglect or omission by the CITY during the performance of this Agreement, whether direct or
indirect, and whether to any person or property to which the DEPARTMENT or said parties may
be subject, except that neither the CITY nor any of its subcontractors will be liable under this
section for damages arising out of injury or damage to persons or property directly caused or
resulting from the negligence of the DEPARTMENT or any of its officers, agents, or
employees. The Forgoing Provision is not intended to give rise to Rights in any third party to
recover damages from the CITY, nor is it intention to constitute a waiver of sovereign immunity.
4. If, at any time while the terms of this Agreement are in effect, it shall come to the
attention of the DEPARTMENT's District Director of Operations, District 5, that the CITY
responsibility as established herein or a part thereof is not being properly accomplished pursuant
to the terms of this Agreement, said District Director of Operations, District 5, may, at his
option, issue a written notice in care of the Public Works Director to place said CITY on notice
thereof. Thereafter the CITY shall have a period of (30) thirty calendar days within which to
Q
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-05
CONTRACT NO.: ANV27
2
i
correct the cited deficiency or deficiencies. If said deficiency or deficiencies are not corrected
within this time period the DEPARTMENT may at its option, proceed as follows:
o
(A) Maintain the roadway shoulders, median strip or roadside area declared
deficient with the DEPARTMENT or a Contractor's material, equipment and personnel. The
. actual cost for such work will be deducted from paYment to the CITY or
(B) Terminate this Agreement in accordance with Paragraph 11 of this
Agreement.
5. During the term of this agreement, the Department may from time to time engage in
transportation projects on the roads covered by this agreement. Some of those projects may
involve the Department's construction contractor temporarily assuming maintenance
responsibility for the limits of the project. In that event, the Department will notify the Local
Government ofthe limits ofthe project and the time frame for the project. During that time and
for those limits, the Local Government will be released from its obligation to perform
maintenance on those roads and the compensation to be paid under this agreement will be 0
temporarily reduced. The reduction in compensation shall be based on the formula used to
initially compute the amount of compensation under this agreement a!ld the Local Government
will be notified of the amount of the reduction as part of the above-referenced notice.
6. The Department agrees to pay to the CITY, following a Notice to Proceed,
compensation for the cost of maintenance as described under Item 1 of this Agreement. The
paYment will be in the amount of $7,301.50 per quarter or a total sum of$29,206.00 per year. In
the event this Agreement is terminated as established by Paragraph 11 herein, paYment shall be
prorated to the date termination occurs. Detailed quarterly invoices, as provided further herein
shall be sent to the Maintenance Contract Engineer of the Department at DeLand Operations,
1650 North Kepler Road, DeLand, FL 32724. Delivery shall be effective upon receipt of a
proper quarterly invoice and any required, associated documents.
7. PaYment shall be made only after receipt of goods and services as provided in Section
215.422, Florida Statutes.
o
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-05
CONTRACT NO.: ANV27
3
. ~
;.
(;
(A) Any penalty for delay in payment shall be in accordance with Section
215.422(3 )(b), Florida Statutes. Section 215 .422( 5), Florida Statutes provides that all purchasing
agreements between a state agency and a vendor, applicable to this section, shall include a
statement of the vendor's rights and the state's responsibilities under this section. The vendor's
rights shall include being provided with the name and telephone number of the Vendor
Ombudsman within the Department of Banking and Finance.
(B) The CITY should be aware of the following time frames. Upon receipt, the
Department has seven (7) working days to inspect and approve the goods and services, as
allowed by said statute. The Department has 20 days to deliver a request for payment (voucher
to the Department of Finance). The 20 days are measured from the latter ofthe date a proper
invoice is received at the location stated herein or the goods or services are received, inspected
and approved, whichever occurs later.
(C) If payment is not available within 40 days, interest at the rate set by Section
55.03 of the Florida Statute, will be due and payable, in addition to the invoice amount, to the
U CITY. Interest penalties of less than one ($1.00) dollar will not be enforced unless the CITY
requests payment. The invoices, which have to be returned to the CITY because of CITY
preparation errors, will result in a delay in the payment. The invoice payment requirements do
not start until a properly completed invoice is provided to the Department.
(D) A Vendor Ombudsman has been established within the Department of
Banking and Finance. The duties of this individual include acting as an advocate for vendors
who may be experiencing problems in obtaining timely payment(s) from the Department. The
Vendor Ombudsman may be contacted at (850) 414-5321 or by calling the State Comptrollers
Hotline, 1-800-342-2762.
8. Bills for fees or other compensation for services or expenses shall be submitted in
detail sufficient for a proper preaudit and postaudit thereof, and that bills for travel expenses
specifically authorized by this Agreement shall be submitted and paid in accordance with the
rates specified in Section 112.061, Florida Statutes.
u
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-05
CONTRACT NO.: ANV27
4
I
..
9. Records of costs incurred under terms of this Agreement shall be maintained and made
available upon request to the Department at all times during the period of this Agreement and for
three years after final payment is made. Copies of these documents and records shall be
furnished to the Department upon request. Records of costs incurred include the CITY'S general
accounting records, together with supporting documents and records, ofthe CITY and all
subcontractors performing work, and all other records of the CITY and subcontractors
considered necessary by the Department for a proper audit of costs.
o
10. The CITY shall 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 CITY in
conjunction with this Agreement. Failure by the CITY to grant such public access shall be
grounds for immediate unilateral cancellation of this Agreement by the Department.
11. This Agreement or any part thereof is subject to termination under anyone of the
following conditions:
(A) In the event the DEPARTMENT exercises the option identified by
Paragraph 4 of this Agreement.
o
(B) In the event the Legislature fails to make an annual appropriation to pay
for the CITY'S services to be performed hereunder.
12. The term of this Agreement commences on the date a written Notice to Proceed is
issued to the CITY Manager by the Department's District Maintenance Engineer, District 5, and
shall continue for a period of one year from the date of issue of said Notice to Proceed.
This Agreement has a renewal option. Renewals shall be on an annual basis not to
exceed two yearly renewal periods, or if the original term is greater than one year for no longer
than one additional term, subject to the same prices and associated quantities as well as all other
terms and conditions set forth in this Agreement, except that the price to be paid for the renewal
periods may be increased by up to (3) percent at the discretion of the DEPARTMENT.
o
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-05
CONTRACT NO.: ANV27
5
u
Renewals shall be made at the discretion and option of the Department and agreed to in
writing by both parties; i.e., the Authorized Signatory for the CITY, and the District Director of
Operations, District 5, for the DEPARTMENT. Renewals shall be contingent upon satisfactory
performance evaluations by the DEPARTMENT and subject to the availability of funds.
The term of this Agreement may be extended for a period not to exceed six (6) months,
upon written Agreement by both parties and subject to the same terms and conditions as
applicable for renewal of this Agreement.
13. In the event this Agreement extends beyond the DEPARTMENT'S current Fiscal
Year that begins on July 1 of each year and ends on June 30 of each succeeding year, the CITY
and the DEPARTMENT mutually agree that the State of Florida's performance and obligation to
pay under this Contract is contingent upon an annual appropriation by the Legislature. In
addition, Section 339. 135(6)(a) of the Florida Statutes is incorporated by reference, and set forth
herein below as follows:
Q
F.S. "339.135(6)(a)" - The DEPARTMENT, during any Fiscal Year, shall
not expend money, incur any liability, or enter into any Contract which, by its
terms involves the expenditure of money in excess of the amounts budgeted as'
available for expenditure during such Fiscal Year. Any Contract, verbal or
written, made in violation of this subsection shall be null and void, and no money
shall be paid thereon. The DEPARTMENT shall require a statement from the
Comptroller ofthe DEPARTMENT that funds are available prior to entering into
any such Contract or other binding commitment of funds. Nothing herein
contained shall prevent the making of Contracts for a period exceeding one (1)
year, but any Contract so made shall be executory only for the succeeding fiscal
years; and this paragraph shall be incorporated verbatim in all Contracts of the
DEPARTMENT in excess of$25,000 and having a term for a period of more than
one (1) year.
14. All work done on the DEPARTMENT rights-of-way shall be accomplished in
accordance with the Department of Transportation Manual on Uniform Traffic Control Devices and
The Department of Transportation DESIGN STANDARDS, current edition.
15. This writing embodies the entire agreement and under-standing between the parties
hereto and there are no other agreements and understandings, oral or written, with reference to the
o subject matter hereof that are not merged herein and superseded hereby.
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-05
CONTRACT NO.: ANV27
6
16. This Agreement is nontransferable and nonassignable in whole or in part without 0
consent ofthe DEPARTMENT.
1 7. This Agreement, regardless of where executed, shall be governed by and construed
according to the laws of the State of Florida.
18. 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 of36 months from the date of being placed on the convicted
vendor list.
o
o
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-05
CONTRACT NO.: ANV27
7
u
u
o
EXHIBIT" A"
RESOLUTION
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-05
CONTRACT NO.: ANV27
8
~
EXHIBIT "B"
o
THE ROADWAYS INCLUDED IN THIS AGREEMENT ARE:
SECTION S.R. LOCATION DESCRIPTION LENGTH
(MILES)
79010 5 From Edgewater South City Limits (MP 11.965) to 10th 4.671
Street (MP 16.636)
79210 442 From SR 9 (1-95) (MP 0.375) to SR 5 (US 1) (MP 3.972) 3.597
o
o
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-05
CONTRACT NO.: ANV27
9
'.
i
u
Q
o
EXHIBIT "C"
CITY OF EDGEWATER
Work Description
Act.
471 Large Machine Mowing
482 Slope Mowing
485 Small Machine Mowing
492 Tree Trimming and Removal
541 Roadside Litter Removal
545 Edging and Sweeping
CITY OF EDGEWATER
CONTRACT NO.: ANV27
FIN NO.: 244621-1-72-05
10
.. '
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
the day and year first above written.
ST ATE OF FLORIDA
DEPARTMENT OF RANSPORTATION
CITY OF EDGEW ATER
(AGENCY)
By:
By:
District Director of Operations (Date)
District Five
(Date)
Attest:
Attest:
Executive Secretary
(Date)
(Date)
LEGAL REVIEW
LEGAL REVIEW
Legal Approval
(Date)
District Council
(Date)
Distri t Maintenance Engineer
(DATE)
CITY OF EDGEW A TER
FIN NO.: 244621-1-72-05
CONTRACT NO.: ANV27
'(
o
o
o
11
.
~ ,\\..
i
u
AGENDA REQUEST
Date: January 19,2005
PUBLIC
. HEARING
r~ - ......c.;....
RESOLUTION
ORDItTf\NCl?
OTHER
BUSINESS
BOARD APPOINTMENT
CONSENT
x
ITEM DESCRIPTION:
The Edgewater Police Department seeks to accept the amended Interlocal Agreement Providing
For The Establishment of the Southeast Regional Marine Patrol Unit. This agreement allows
_~,.c-rp.~tual safety along the Indian River and its co-joined water areas to facilitate and promote p11hlic
safety without creating jurisdictional legal problems.
!.~.. .-""
BACKGROUND:
The Edgewater Police Department seeks to replace the current Interlocal Agreement Providing
For The Establishment of the Southeast Regional Marine Patrol Unit in effect that was approved
and executed by the City in September 2004. This Agreement is between all the jurisdictions
bordering the Halifax and Indian Rivers from Daytona Beach to Edgewater excluding the Volusia
County Sheriff's Office.
o
The amended agreement would exclude Volusia County because the Sheriff chose not to sign the
agreement. The second is in Section 5a. The addition of the last sentence in that section applies
only to Port Orange, New Smyrna Beach, and Ponce Inlet. The last change is a modification in
the reference to the patrol area from the "Halifax River" to be "Halifax and Indian Rivers and its'
tributaries," due to the fact that this area does include part of the Indian River.
r'"".....'.. . .". STAFF RECOl\IIVIENDATION:
Staff recommends that the City accept the amended Interlocal Agreement Providing For the
Establishment of the Southeast Regional Marine Patrol Unit
ACTION REOUESTED:
Motion to accept the amended Interlocal Agreement Providing For the Establishment of the
Southeast Regional Marine Patrol Unit
FINANCIAL IMPACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
u
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
AGENDA ITEM NO.
ubmitted,
~.~ ~~ A ~:CI\"'
Robin MatUsick \.
~ .
,~M'
Kenn th R Hooper ~
City Manager
.
,
o
., . ._~~ .' I:" !
o
o
-.
PORT ORANGE POLICE DEPARTMENT
:c_Ciiit[-GERALOiV1~ MONAHAN, JR.
1395 DUNLAWTON AVENUE
PORT ORANGE, FLORIDA 32129
TELEPHONE (386) 756-5308
FAX (386) 756-5311
..... .... ...1' .," -. ...
'. ~.-: ~::vvwiN.port-orange.org
December 17, 2004
u
Chief Michael Ignasiak
Edgewater Police Department
"' 136 East Park Avenue
Edgewater, Florida 32132
Dear Chief~h~
Your City recently signed a Marine Interlocal Agreement between all the
jurisdictions bordering the Halifax and Indian Rivers from Daytona Beach to
Edgewater. I have endorsed an amended agreement and would respectfully ask
that you once again arrange to have this agreement signed.
There are only three changes in this amended agreement. One is that Volusia
County is excluded because the Sheriff would not sign the agreement. The
second is in Section 5a. The addition of the last sentence in that section applies
only to Port Orange, New Smyrna Beach, and Ponce Inlet. The last change is a
modification in the reference to the patrol area from the "Halifax River" to the
"Halifax and Indian Rivers and its' tributaries," due to the fact that this area does
include part.of the lnd:an River.
... .''';" .. .... '. .. ~
I hope this meets with your government's approval and I thank you in advance for
your participation in this important partnership.
1/114-
G k M~han, Jr.
Cllief of Police
GMM:dg
Q . Enclosure
~
~r:..l
~~~
ACCREDITED 1997
.
t
INTERLOCAL AGREEMENT PROVIDING FOR THE
ESTABLISHMENT OF THE SOUTHEAST REGIONAL MARINE
PATROL UNIT
o
THIS INTERLOCAh AOR.FEMFI.,!T, made and entered into the date hereafter provided
pursuant to the authority contained in Chapter 163, Florida Statutes, by and between the Cities
of New Smyrna Beach, Port Orange, South Daytona, Daytona Beach Shores, Daytona Beach,
Edgewater and the Town of Ponce Inlet, in the State of Florida, establishing a regional marine
patrol unit for the following purposes: 1) To establish a police presence on the Halifax and
Indian Rivers and its tributaries within these jurisdictions; 2) To promote boater safety; and 3) To
assist with law enforcement.
WITNESSETH:
WHEREAS, the Parties t~ ~h!~.t\9ree~o!"t 9re authorized pursuant to the Florida Interlocal
Cooperation Act of 1969 as set forth in Section 163.01, et seq., Florida Statutes (hereinafter the
"Act'') to make efficient use of their respective powers, resources, authority and capabilities by
enabling them to cooperate on the basis of mutual advantage and thereby provide the facilities
and efforts identified herein in the manner that will best utilize existing resources, powers and
authority available to each of them; and
WHEREAS, it is a purpose of the Act to provide a means by which two or more of the following
Cities of New Smyrna Beach, Port Orange, South Daytona, Daytona Beach Shores, Daytona
Beach, Edgewater, and the Town of Ponce Inlet (collectively the "Parties"), may exercise their
respective power, privileges and authority which they may separately exercise, but which
pursuant to this Interlocal Agreement and Act may exercise collectively; and
o
WHEREAS, the Cities of Port Orange, New Smyrna Beach, and the Town of Ponce Inlet seek to
establish and provide for a Southeast Regional Marine Patrol Unit ("Marine Unit") to provide law
enforcement and promote boater safety on the Halifax and Indian Rivers and its tributaries in
these municipal jurisdictions from Daytona Beach to Edgewater, Florida, inclusive; and
WHEREAS, t~lr:. adciWolld ;:.e!"';er.~::; df,' .;:.!~ citizens of the respective municipalities are in
their best interests and each municipality;
WHEREAS, the Parties have already entered into a Mutual Aid Agreement for law enforcement
assistance over jurisdictional lines;
NOW THEREFORE, in consideration of the premises, mutual covenants, provisions and
representations contained herein, constituting good and valuable consideration, the Parties
hereto agree as follows:
SECTION 1: Tha1. thE:' above recitals are true and correct and are hereby adopted, .
incorporated into and made an integral part hereof.
SECTION 2: A Marine Unit will patrol the Halifax and Indian Rivers and its tributaries
from Daytona Beach to Edgewater, Florida, inclusive. The Marine Unit will be utilized during the 0
following times: 1) weekends between the months of May to October, inclusive; 2) observed
~
'J
u
u
o
holidays; 3) when needed in an emergency, and 4) other days as mutually agreed upon by the
Policy Board.
SECTION 3: (a) The Parties agree to the routine marine patrol of the waterways
over their jurisdictions. The Parties agree that the officers on the Marine Unit shall be
empowered to render enforcement assistance in their jurisdictions if the following occurs: 1) a
violation of Florida Statutes occurs in the presence of the officers; .?) ~he assistance is requested,
by a"municipality; 3) assistance is needed with critical, life threaternng.or'pObHc.safety situations; '. ~..
4) assistance is needed for the prevention of bodily injury to citizens. All other provisions of the
Mutual Aid Agreement shall apply. -
(b) Patrol duties shall include: 1) response to calls for service; 2)
safety boat inspections; 3) speed enforcement and safe boat operation including No Wake Zone
enforcement; 4) assisting Daytona Beach Police Department and its marine unit, the Florida
Fish and Wildlife Conservation Commission officers and U.S. Coast Guard personnel with
incidents arising within the jurisdictions of the Parties hereto; 5) assistance with boating
acci~ents.' ,but not investigations.
"~.' \:' il' .....:...... _ ,. ,=" . 1 ..
SECTION 4: By entering into this I nterl oca I Agreement, the Cities of South Daytona,
Daytona Beach Shores, Daytona Beach, and Edgewater are authorizing patrols and response
to calls for assistance on the waterways within their respective jurisdictions.
SECTION 5: In addition to the above, the Cities of Port Orange, New Smyrna Beach,
and the Town of Ponce Inlet further agree to the following:
a) The cost associated with the initiation of the Marine Unit is $56,000.00, for the
purchase of a fully equipped marine unit with a trailer and appropriate registration. The Florida
Inland Navigation District Grant Program (FIND) provides one half of the cost, $28,000.00. The
grant requires a $28,000.00 matching contribution. The City of New Smyrna Beach agrees to
contribute $9,333.00 toward the. match. The Town of Ponce Inlet agrees to contribute
$9,333.00. The City of Port Orange agrees to contribute the balance of $9,334.00. The costs
associated with repair, maintenance, fuel and supplies shall be shared equally between Port
Orange, New Smyrna Beach, and the Town of Ponce Inlet. The costs of the administrative
services and the personnel costs for staffing the-Marine Unit shall be shared equally between
I?ort Qra-,)ge, New Smyrna Beach and the Town of Ponce Inlet. In the event one of the three (3)
foregoing Parties terminates its participation in this Agreement; '.lhe~ remaining' Parties shall
share the costs equally.
b) The patrol boat purchased shall be a 21' center console craft equipped with all
necessary navigation and law enforcement equipment to conduct safe and effective patrols and
boarding operations. The specific property to be purchased is attached to this Agreement as
Exhibit A. The property shall be titled and registered in the name of the City of Port Orange.
c) The Chief of Police from Port Orange, New Smyrna Beach and Ponce Inlet shall
comprise a Policy Board that will promulgate the Standard Operating Procedures for the. Marine
Unit. The Board is authorized to develop procedures that prOVide for1enhanced..se'rvices or
efficiencies to meet the objectives of the Marine Unit. The Policy Board shall also provide
administrative oversight. The Policy Board shall be authorized to contract with the City of Port
Orange for administrative services, including but not limited to financial accounting, to be
rendered for the Marine Unit.
2
d) Two officers shall staff the Marine Unit at all times, with at least one beina from
New Smyrna Beach. Ponce Inlet or Port Oranae, unless otherwise determined by the Policy
Board. Preferably, officers from two different jurisdictions shall staff the Marine Unit unless
otherwise determined by the Policy Board. Officers from New Smyrna Beach, Ponce Inlet and
Port Orange shall rotate assig'1ments.
e) Each officer assigned toth(~ Marine Unit will undergo 40 hours of training that
will be conducted by the U.S. Coast I..:iuard and Florida Fish and Wildlife Conservation
Commission, and other such training that may be required by law or determined by the Policy
Board.
f) The Marine Unit will operate on a talk group, specified by the Policy Board, with
the Regional Communication Center based in Port Orange with the capability of communicating
with all police departments in its patrol region.
g) The coordinat!t')~ r:'f ma:~ L""'~nce qf +h~ Marine Unit will be the responsibility of
the Port Orange Police Department All equipment will be stored at the Port Orange Police
Department when not being used. The vessel will be launched from the Port Orange boat
ramps unless otherwise determined by the Policy Board.
h) Weaponry on the Marine Unit shall be one shotgun and one AR-15 rifle. Officers
will wear their respective approved police department uniforms while on duty.
SECTION 6: Any party, independent of the other party's interests, may terminate its
participation in this Agreement by providing the other Parties with at least 180 days prior written
notice of the intent to terminate its participation in this Agreement. Termination by any party
does not entitle that party to reimbursement for any financial or equipment contribution. If the
property to this Agreement becomes unusable or obsolete, the property may be sold by the City
of Port Orange, pursuant to Sec. 2-262, Port Orange Code of Ordinances, with the proceeds
being utilized to purchase replacement equipment. However, if the Marine Unit ceases its
operations, the property may be sold, pursuant to Sec. 2-262, Port Orange Code of Ordinances,
with the proceeds being paid to each party in the same percentage as each party's initial
contribution.
SECTION 7: Each party engagi~~ In any mutual cooperation and assistance, pursuant
to this Agreement, agrees to assume liability for the acts, omissions, or conduct of its own
employees and activities. The participating agencies shall defend, save and hold harmless, and
indemnify each agency (inclusive of its officers, employees, authorized agents, and
representatives) from any and all actions, suits, claims, demands, liabilities, costs, and
expenses for bodily injury, sickness, disease, death or property damage or loss of use thereof
(including reasonable attorney fees and taxable costs through and including any and all
appeals), arising from any act or omission by any Party to this Agreement (inclusive of its
elected and appointed officers, empjo~'ees, authorized agents, and representatives) as a result
of the acts of any signat:.lre F'arti.-:s ac~: _ _ ...;$ pursuant to this Agreement.
..
o
o
SECTION 8: Each participating municipality expressly retains all rights, benefits and
immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. All of
the privileges and immunities from liability; exemptions from laws, ordinances and rules; and 0
pensions and relief, disability, workers' compensation, and other benefits which apply to the
3
1
u
u
<.)
t.;
activity of officers, agents, or employees of each party when performing their respective
functions within the territorial limits for their respective agencies shall apply to the same degree
and extent to the performance of such functions and duties of such officers, agents, or
employees extraterritorially under the provisions of this Agreement.
SECTION 9: This Interlocal Agreement may be amended by mutual written agreement
of the Parti~s. ~ Any ame.ndments to this Interlocal Agreement shall be effective upon being filed
and recorded with tlie Clerk of the Circuit Court of Volusia County, Florida. ". .~
SECTION 10: This Interlocal Agreement shall become effective upon being filed and
recorded with the Clerk of the Circuit Court, Volusia County, Florida. This Interlocal Agreement
shall remain in effect for five years and may be extended for an additional term of five years
upon written approval of the Parties.
SECTION 11: It shall be the responsibility of the Police Chief for the City of Port Orange
to deliver the fully executed Interlocal Agreement to the City Clerk for the City of Port Orange for
recording. The failure of any named City to sign this Interlocal Agreement shall not affect the
validity ontiis Agreement between the other executory Parties:' · F r, ., " 'j
IN WITNESS WHEREOF, the Parties hereto, by and through the undersigned have
entered into this Interlocal Agreement in counterparts on the date and year hereafter written.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
..i\,.1i. :.~.. ."~:~..J' ."~;r ~1.1l.;'~"(;, 1 ..<('". foot ,:"')).}
4
t
CITY OF EDGEWA TER, FLORIDA,
a municipal corporation
o
~A.S~.
8:':
~'_. .~ld ,~.. Schmidt, Mayor
Attest:
Susan J. Wadsworth, City Clerk
Date:
....'1- . .~
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this _ day of
2004, by DONALD A. SCHMIDT and SUSAN J. WADSWORTH, as Mayor and City Manager,
respectively, of the City of Edgewater, Florida on behalf of the city. They are personally known
to me or have produced 0
as identification, and who (did) (did not) take an oath.
Notary Public, State of Florida at Large
Printed, typed or stamped name, commission and expiration of
cC.'T:.-'~_': ._ ..~ t:erril:
o
10
:.MARINE UNIT EQUIPMEf )IST
")
.,
j' I . I
# PART NO. QTY DESCRIPTION
u
1 210JC 1 21' JUSTICE BASE BOAT to include:
UNSINKABLE HULL WITH COMMERCIAL GRADE FIBERGLASS
LAMINATE
SELF BAILING HULL WITH SCUPPERS
WHITE EXTERIOR /HAZE GREY INTERIOR GELCOAT
HEAVY DUTY RUBRAlL
~ . ---. -- , BLACK IDENTIFICATIbN AND TRIM MARKINGS' "
FIBERGLASS CONSOLE wrrn STORAGE AREA, ELECTRONICS
BOX, WlNDSHIELD AND GRABRAIL
,{ ..,..-,.. FIBERGLASS LEANING posr WITH DOOR, SHELF, AND
GRABRAIL
PADDED STAINLESS STEEL STEERING WHEEL WITH TILT
HYDRAULIC STEERING
BOW STORAGE LOCKER WTIH FIBERGLASS COVER
.," ANCHOR LOCKER WIqi FIBERGLASS COVER AND DRAIN
(2) IN-DECK srORAGE LOCKERS WITH DRAINS
BOWEYE I LIFTING EYE
STERN EYES
(6) 10" CLEATS
NAVIGATION UGHTS
FIRE EXTINGUISHER
BILGE PUMP WITH AUTOMATIC FLOAT SWITCH
SWITCH PANEL - BILGE / NAVIGATION UGHrS I (4)
AUXILIARY
119 GALLON BAFFLED ALUMINUM FUEL TANI<
10 YEAR TRANSFERABLE LIMITED HULL W ARRANIY
2 61540 1 STAINLESS STEEL curw ATER
3 61523 1 RUBBING STRAKES WI DIVE DOOR - (2 per side)
4 '" 61510 1 HI-LOW BOW ISIDE RAILS W IDNE DOOR
5 60230 1 BW SUPPLIED. ENGINE
'';'.. ~ . - MERCURY 250 HP EFI
" ,1
6 61420 1 PRE-RIG, SINGLE ENGINE, M:ERCURY
INCLUDES: ~
"'- , - FUELI W A1'ER SEPERATOR(BOATS WITH BUILT IN FUEL
TANK)(CARBURATED ENGINES ONLY}
- ELECI'RlC FUEL GAUGE(BOATS WITH BUILT IN FUEL TANK)
- BINNACLE
- WIRING HARNESS, KEY SWITCH & ALARM HORN
- SIDFT AND THROTTLE CABLES
-TACHOMETER
- VOLTMETER
- TRIM GAUGE
u
'->
EXHIBIT A
1
p-
..4
1
. MARINE UNIT EQUIPMEN ;sr
"J
7 60703 1 MERCURY SINC'"Zr.'I"' ENGINE SMARTCRAFr GAUGE PACKAGE
8 61451 1 MERCURY OIL INJECTION TANI< REMOTE FILL
9. 61499 1 PROPELLER, STAINLESS V -6'5
10 60763 3 FLOODUGHT
- MOUNTED ON T-TOP
- (1) PORT (1) E,"J.fu>BOARr, (1) 1.:::7'
11 60745 1 ~COMP ASS~ RITCHIE"NA VIGA;:fC')R (flush mount)
12 61100 1 DELETE STANDARD SEATING
13 61112 1 HD ALU1vfINUM LEANING POST W / DOOR; GRABRAIL,
BACKREST & FOOTREST;. 30"
14 60614 1 G21 MEDIUM DUTY T-TOP W /RADIO BOX WITH LOCKABLE
DOOR
15 62020 1 T(:)RSIONAL TOW BAR (may require aluminum gunwale upgrade)
- BLACK POWDERCOAT
16 60902 1 BATTERY SYSTEM FOR SINGLE ENGINE, ONE STARTING
BATTERY AND ONE AUX BATTERY
INCLUDES:
- (2) ON/OFF BATI'ERY SWITCHES
- (2) BATTERY BOXES AND TRAYS
- BATTERY CABLES AND TERMINALS FOR ONE ENGINE AND
TWO BA'ITERIES
- ISOLATOR
- SPLASHWELL RIGGING BOOT (WHERE APPUCABLE)
17 60925 1 MAINTENANCE FREE, WET CELL STARTING BATTERY, GROUP
24, 950 CCA
18 60926 1 MAINTENANCE FREE, WET CELL DEEP CYCLE BATIERY,
GROUP 27, 95 AMP
19 60740 1 12 VO!..".: 017.::-:- ,.
20 60848 1 VHF RADIO, RAYTHEON RA -: ~15 W /DSC (Or Equal)
21 60830 1 DEPTImNDER, RAYTHEON, ST-40 BI-DATA DIGITAL DEPTH
AND SPEED
22 60815 1 GPS SYSTEM, RA YI'HEON, RAYNA V 300 GPS ,WITH W AAS
RECEIVER (includes antenna)
23 62700 1 REA VY DUTY ALUMINUM TRAILER W /TORSION AXLES
24 62771 1 SPARE TIRE W / CARRIER FOR ALUM. & GALV. TRAILER
~
"
o
," 0
o
2
u'
u
Q
. . .
MARINE UNIT EQUIPMEN 'YT
-'J
25
9999
1 COMMUNITY SERVICE PACKAGE
TO INCLUDE:
.34" DIVE/RESCUE W / LATCHING DOOR STORAGE
. INSTALLATION OF SUPPLIED EQUIPMENT
UGHrBAR W / SIREN, LE RADIO EQUIPMENT
. TRANSOM SPLASHWELL BULKHEAD
- ENGINE INSTALL AND OOI'IAL TEST
. _ -QNWATERTRAINING
"
~ -oD-__.l..... -~.~;_...-....._~
. ~ :". '....':... -
...
3
TENTATIVE AGENDA,ITEMS
\\.~.
c
FEB 9 - 5:00 pm - Workshop @ Hibiscus Fire Hall
1) LDC Survey Summary - approval to proceed
2) Johnson Controls Performance Contract; reclaim water rates, radio-read meters
3) Smart Growth policies
4) 2005 Goals/Objectives
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) 1 sl Reading, Ord #2005-0-, Comp Plan Amend, Halstead, 2.3 :!: acres
7) 1 sl Reading, Ord #2005-0-, Zoning Map Amend, Halstead, 2.3 :!: 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
11) Carson abandonment of 6' planting strip, Alamanda
o
MAR 21
1) Text Amendment, LDC Changes (TA-0401)
2) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Halstead, 2.3 :!: acres
3) 2nd Reading, Ord #2005-0-, Zoning Map Amend, Halstead, 2.3:!: acres to RPUD
4) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Herman
5) 2nd Reading, Ord #2005-0-, Rezoning, Herman
6) 1 sl Reading, Ord #2005-0-, Airpark-Massey area rezonings
APRIL 4
1) 2nd Reading, Ord #2005-0-, Airpark-Massey area rezonings
MAY 2
MAY 16
The following are waiting on comments from DCA:
1) 2nd Reading, Ord #2004-0-22, Annexation, 173.47:!: acres, Massey/Forte Macaulay (9/27, 6B)
2) 2nd Reading, Ord #2004-0-32, Comp Plan Amend, MasseylMacaulay, 173.47 acres, Mixed Use(10/18)
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(10/18)
5) 2nd Reading, Ord #2004-0-38, Comp Plan Text Amendment (10/18)
o 6) 2nd Reading, Ord #2004-0-36, Comp Plan Amend, Page, west 442 (10/18)
Rev. 1/27/05
1:\1 iz _ docs\outlines\aitems020905