03-07-2005
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V otinlZ Order
Councilman Vincenzi
CoutrilwomanRJuxies
CouncilwomanLidrter
Mayor Schmidt
Councilman Brown
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
March 7, 2005
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES
A. Regular Meeting of January 10, 2005
B. Regular Meeting of January 24, 2005
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONATIONS
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. 2nd Reading, Ord. No. 2004-0-31, Dan Robison, Highway 442 Partners, LLC,
agent for Vincent and Pamela Snowden, requesting annexation of 5,601:t
acres of property located north ofSR442, east and west ofI-95 - cont. from
1/24/05, item 6D.
B. 2nd Reading, Ord. No. 2004-0-22, Glenn Storch, agent for Oak Leaf Preserve
Inc., owner, requesting annexation of173.471:t acres of property located east
of Old Mission Road, north of the FEC railroad right-of-way and south of
Mission Oaks Condo - cont. from 9/27/04, item 6B.
C. 2nd Reading, Ord. No. 2004-0-32, Glenn Storch, agent for Oak Leaf Preserve,
Inc., owner, requesting an amendment to the Comprehensive Plan Future
Land Use Map to include 173.471:t acres of property located east of Old
Mission Road, north of the FEC railroad right-of-way and south of Mission
Oaks Condo as Low Density Residential with Conservation Overlay and
Conservation - 1 st Reading 10/18/04, item 6B.
D. 2nd Reading, Ord. No. 2004-0-33, Glenn Storch, agent for Oak Leaf Preserve,
Inc., owner, requesting an amendment to the Official Zoning Map to include
173.471:t acres of property located east of Old Mission Road, north of the
FEC railroad right-of-way and south of Mission Oaks Condo as RPUD
(Residential Planned Unit Development) - 1 sl ReadinglO/18/04, item 6C.
E. 2nd Reading, Ord. No. 2004-0-35, Miranda Fitzgerald, agent for Oak Hill
Land, LLC; Edgewater partners, LLC; the Southeast V olusia Hospital District
and Dixie Highway, LLC, requesting an amendment to the Official Zoning
Map to include 68.79:t acres of property located west of US I and northwest
of 4115 S. US1 as Public/Semi-Public with Conservation Overlay _ pI
Reading 10/18/04, item 6E.
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City Council Agenda
March 7, 2005
Page -2-
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6. Public Hearings, Ordinances and Resolutions Cont.
F. 2nd Reading, Ord. No. 2004-0-36, the City of Edgewater requesting an
amendment to the Official Future Land Use Map to include 159 .89! acres of
property located south of SR442 and west of Old Mission Road as
Conservation - 1st ReadinglO/18/04, item 6F.
G. 2nd Reading, Ord. No. 2004-0-38, the City of Edgewater requesting an
amendment to the Goals, Objectives and Policies of the Comprehensive Plan
Future Land Use element adding Policy 1.5.9 pertaining to the conversion of
residential structures to professional office uses, and amendment to Policy
1.6.6 pertaining to the SR442 Corridor Overlay Zone - 1st Reading 10/18/04,
item 6H.
H. 2nd 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.
1. 2nd Reading, Ord. No. 2005-0-04, Marcia Barnett, authorized agent for
Diocese of Orlando, requesting an amendment to the Official Zoning Map to
include 2.3 3! acres of property located south of 3171 S. Ridgewood Avenue
as B-3 (Highway Commercial).
J. 2nd 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.
K. 2nd 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).
L. Res. No. 2005-R-04, amending Chapter 19 (Utilities and Services)
establishing an Inclined Consumption Rate for Reclaimed Water use.
7. BOARD APPOINTMENTS
A. Library Board - nomination by Councilwoman Lichter to fill a seat vacated
by the resignation of Kathy Booth.
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. East V olusia Mosquito Control District - staff recommending approval of an
annual request to perform low level flights over the City of Edgewater and
authorize the Mayor or City Manager to execute the document.
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City Council Agenda
March 7, 2005
Page -3-
9. OTHER BUSINESS
A. Water Tank Improvement Pr01ect - staff recommending approval for Project
Closeout, Change Order and Final Payment in the amount of $58,665 to Utility
Services Co., Inc. for completion ofthe Florida Shores and Park Avenue Water Tank
Improvement Project.
B. Johnson Controls. Inc. Performance Contract - staff recommending approval and
execution by Mayor/City Manager of the Contract and all associated documents with
Johnson Controls, Inc. in the amount of$9,048,454 to install, retrofit, upgrade and/or
replace residential, existing commercial and reclaimed water meters with new Radio
Read devices along with additional improvements to the Wastewater Treatment
Plant.
C. Reclaimed Water - staff recommending approval of Notice to Award contract to
Wiring Technologies, Inc. in the amount of $831,401.50 for construction of the
reclaimed water trunkline Phase I and authorize Mayor/City Manager to execute the
documents.
D. Equipment Lease - staff recommending approval and execution by Mayor/City
Manager of a Lease Agreement with Pitney Bowes, Inc. for the Documatch Integrated
Mailing System for the amount of $2,20 1 per month (price offset by $2,212 savings
by replacing current newsletter production and mailing).
E. Special (Corrective) Warranty Deeds - staff recommending approval and execution
by Mayor of the Special Warranty Deeds to correct the legal descriptions relating to
the Sanchez abandonment.
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 21, 2005, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, March 14,2005.
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\030705reg
: FOLEY
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
MEMORANDUM
CLIENT -MATTER NUMBER
025581-0101
TO:
Ken Hooper, City Manager
FROM:
Paul E. Rosenthal, City Attorney
DATE:
March 4, 2005
RE:
Annexation of Snowden Property
I have reviewed the annexation packet which you have provided to me in
connection with the Snowden Annexation (Ordinance No. 2004-0-31). In my opinion, the City
has a proper legal basis to proceed with the annexation of the subject property and all
documentation provided appears to comply with statutory requirements.
I have looked at the reports prepared by Jim Shira on behalf of the City and by
EnSite Design Consultants on behalf of the County. Jim Shira's report appears to be reasonable
and provides the necessary legal support for the City to proceed with the annexation. In the case
of a voluntary annexation under Section 171.044, Florida Statutes, the primary focus of the
Courts should be whether the property is contiguous to the City boundaries and reasonably
compact and whether any enclaves are created. The EnSite Report focuses on the "purposes"
of annexation under Section 171.021, Florida Statutes, which are not necessarily the same as the
legal requirements to annexed property on a voluntary basis.
Please note that upon adoption, the annexation ordinance should be filed with the
parties listed therein within 7 days from the date of adoption.
If I can be of any further assistance, please let me know.
006.364771.1
FOLEY & LARDNER LLP
County of VoCusia
GROWTII AND RESOURCE MANAGEMENT
PLANNING AND DEVELOPMENT SERVICES
123 West Indiana Avenue. Room 202 . DeLand, FL 32720-4604
(386) 736-5959 . (386) 239-7776. (386) 423-3367
www.volusia.org
March 4, 2005
Susan Wadsworth, City Clerk
City of Edgewater
104 N. Riverside Drive
Edgewater, FL 32132
03-07-05P03:24 RCVD
Re: Annexation of the "Snowden" Property
Dear Ms. Wadsworth:
At the February 24, 2005 County Council meeting the County Council discussed the above
referenced proposed annexation by the City of Edgewater. The Council voiced concerns about the
annexation that is scheduled for the second reading at the March 7, 2005 City Council hearing. In
lieu of directing staff to object to the annexation, the County Council asked for a joint meeting with
the City to discuss County concerns pertaining to the annexation. This meeting is now scheduled for
April 11, 2005 at 5:00 p.m. To facilitate the dialog the County is requesting the City to defer the
annexation. The County understands that the City is receptive to the deferral of the annexation
petition.
If the City does opt to hear and annex the "Snowden" property at the March 7, 2005 meeting the
County Council wishes to object to the annexation. Please find attached a report prepared by the
County's expert witness that illustrates County concerns associated with the subject annexation. If
the City does annex the land at the March 7 meeting, please enter the report into the record as a
County objection to the annexation.
If the City does not annex the property at the March 7 meeting, please accept the report as written
County concerns pertaining to the annexation. The information in the report will serve as discussion
material for the joint City/County meeting on the annexation.
If there are any questions conceming this matter or the attached report, feel free to contact Mr. Ron
Paradise, Planner III, at (386) 736-5959, extension 2010.
Sincerely,
7?7~~ ~
Montye Beamer, Director
Growth & Resource Management
MB:RP:ps
c: Ben L. Dyer, Manager, Comprehensive Planning
A. . Ron Paradise, Planner III
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PUBLIC
HEARING
RESOLUTION
t~1- _7 S-O.J.
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ORDINANCE M~rch 7,2004
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AGENDA REQUEST
Date: Fehm~ry 22, 200')
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM OESCRIPTION:
2nd Reading - Ordinance No. 2004-0-22
Glenn Storch, Esquire, agent for Oak Leaf
Preserve LLC, owner requesting annexation
of 173.471::1:: acres east of Old Mission Road,
north of the FEC railroad right-of-way, and
south of Mission Oaks Condo.
OWNER(S): Oak Leaf Preserve, LLC
APPLICANT: Glenn Storch, Esq.
o REQUESTED ACTION: Annexation
LOCATION: East of Old Mission Road, north ofthe FEC railroad right-of-way, and south and east of
Mission Oaks Condo.
AREA: I 73.471:l:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Low Impact Urban, Environmental Systems Corridor and
Urban Low Intensity (currently in the amendment process for City Low Density Residential with
Conservation Overlay and Conservation).
ZONING DISTRICT: Volusia County A-3 (Transitional Agricultural), MH-5 (Urban Mobile Home).
and RC (Resource Corridor)
PROPOSED USE OF PROPERTY: Residential (Single Family Residential)
VOTING DISTRICT: I
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AN-0402 - Massey
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SURROUNDING AREA: 0
Current Use Future Land Use Map Zoning District
Designation
Volusia County Low Impact Volusia County MH-5 (Urban
Nortlt Mobile Home), MH-7
Manufactured Homes Urban, Urban Medium (Mobile Home Park), A-3
and Vacant Intensity and Environmental
Systems Corridor (Transitional Agricultural),
and RC (Resource Corridor)
V olusia County Low Impact V olusia County A-3
East Vacant and Single Urban & Urban Medium (Transitional Agricultural)
Family Residential Intensity and MH-5 (Urban Mobile
Home)
Soutlt FEC right-of-way and FEC right-of-way and FEC right-of-way and
Vacant V olusia County Low Impact Volusia County A-3
Urban (Transitional Agricultural)
V olusia County A-3
West Vacant and Single V olusia County Low Impact (Transitional Agricultural)
Family Residential Urban and MH-5 (Urban Mobile
Home)
Background: The subject property contains approximately 173.471:f: acres. The proposed development 0
of the property is a single-family subdivision. The subdivision application process must be completed
prior to development of this property. Additionally, an environmental impact study and traffic circulation
study must be approved prior to any development.
Land Use Compatibility: The proposed use of residential is compatible with the surrounding existing
usage.
Adequate Public Facilities: There is access to Old Mission Road, Massey Road, and Morrell Road via
Gateway Drive. Currently this property has access to City water and/or sewer service, due to the
Western Reserve utility expansion currently being installed in order to serve the Coral Trace Subdivision.
Once that is completed, there will be an eight-inch force main at Massey Road and Gateway Drive, which
can be utilized to serve this property, contingent upon clearance by the Department of Environmental
Protection. The closest water line will be at the intersection of Massey Road and Gateway Drive,
contingent upon being cleared for service by the Department of Health.
Natural Environment: Soil types on this property include Tuscawilla Fine Sand, Chobee Fine Sandy
Loam, and Wabasso Fine Sand. On-site vegetation includes Temperate Hammocks, Mixed Wetland
Hardwoods, and Wet Prairie.
Consistency with Comprehensive Plan: Annexation of this property is consistent with the City of
Edgewater Comprehensive Plan Future Land Use Element's Projected Land Use Needs - Future
Residential Land, which states: "Since the projected future demand for residential acreage is 3,854
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acres and the Future Land Use Map only indicates 3,300 future developable acres, there may be a need
for annexation or increased density to compensate the demand. The typical reactions of the market to
the demand for housing are anticipated to close the gap between the additional 554 acres that may be
needed, considering the ample supply of vacant land currently surrounding the City. "
Other Matters: A request for Preliminary Plat approval shall come at a later date.
STAFF RF,COMMF,NOATION
Staff recommends approval of Ordinance 2004-0-22.
MOTION
Motion to approve Ordinance 2004-0-22.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
9-?7-04
AGENDA ITEM NO.
oR
Respectfully Submitted By:
~~~_{)l~
Robin Matusick "-
Paralegal
G:\planninglBonnie\council agenda requests\2005\2nd Reading\AN-0402 - Massey.doc
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Kenneth R. Hooper
City Manager
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ORDINANCE NO. 2004-0-22
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCA TED SOUTH AND EAST OF OLD MISSION ROAD,
NORTH OF THE FLORIDA EAST COAST ("FEC")
RAILROAD AND EAST OF MISSION OAKS MOBILE HOME
CONDO, 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 ST ATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
o
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1.
Glenn Storch of Storch and Morris, P .A., is the agent of record for Massey Enterprises
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who is the owner of property located South and East of Old Mission Road, North of the Florida East
Coast ("FEC") Railroad and East of Mission Oaks Mobile Home Condo, within V olusia County,
Florida. Subject property contains approximately 173.471 :!:: acres (the road right-of-way of 4.078
:!:: acres more or less is NOT included). The property is under contract with Forte Macaulay
Development.
2. The owners have voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
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2004-0-22
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and the economics thereof are satisfactory.
4.
The boundaries of Voting District I of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on May 12, 2004, the Board
recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
I. 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 Edge water, 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 2.0 I of the Charter ofthe City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies ofthis 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.
Stl11Gk thlooj;h passages are deleted.
Underlined passages are added.
2004-0-22
2
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
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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 and recording of deeds transferring property
from Massey Enterprises to Forte Macaulay Development and/or their subsidiary.
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Underlined passages are added.
2004-0-22
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PART F.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on September 27,2004, was as follows:
AYE
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on
NAY
2004, was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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Underlined passages are added.
2004-0-22
4
NAY
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stl tick t1uotlj;h passages are deleted.
Underlined passages are added.
2004-0-22
day of
,2004.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 7th day of
March, 2005 under Agenda Item No. 6_,
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EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Phase I -
Parcel A -
A portion oflands described in O.R. Book 2300, Pages 1740 - 1748 together with lands described
in O. R. Book 3012, Page 0445 and O. R. Book 2510, Page 1873, inclusive in the Public Records
of V olusia County, Florida, said lands being a portion of Lots 11, 12 and 13, Map of the South Third
of Ambrose Hull Grant, according to the plat thereof, as recorded in Plat Book 4, Page 199, and in
Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive in
the Public Records of V olusia County, Florida, lying in Section 53, Township 17 South, Range 34
East and Section 36, Township 17 South, Range 33 East, of said V olusia County, being more
particularly described as follows:
Commence at the Northeast comer of said Lot 12, said point also being the Southeast comer of
Mission Oaks Condominium, according to the plat thereof as recorded in Plat Book 38, Pages 181 -
184, of the said Public Records of Vol usia County; thence South 69007' 59" West along the North
line of said Lot 12 and the South line of said Mission Oaks, a distance of 1,195.01 feet to the West
line of the East 1,195 feet of said Lot 12, said point being the POINT OF BEGINNING; thence
South 210 02' 59" East along the said West line of the East 1,195 feet, a distance of 1,224.26 feet to
a point lying 1,250 feet (by perpendicular measurement) from the North Right-of-Way line of
Massey Road (a 50 foot wide County Road Right-of-Way lying North of and adjacent to the Florida
East Coast Rail Road Right-of-Way); thence South 67053' 13" West parallel to said Massey Road,
a distance of545.09 feet to the West line ofthe East 1,740 feet of said Lots 12 and 13; thence South
21002' 59" East along said West line of the East 1,740 feet of said Lots 12 and 13, a distance of
250.04 feet to a point lying 1,000 feet (by perpendicular measurement) from the said North Right-of-
Way line of Massey Road; thence North 670 53' 13" East parallel to said Massey Road, a distance
of 817.64 feet to the West line of the East 922.5 feet of said Lot 13; thence South 210 02' 59" East
along said West line of the East 922.5 feet of said Lot 13, a distance of 1,000.17 feet to the said
North Right-of- W ay line of Massey Road; thence South 670 53' 13" West along said North Right-of-
Way line, a distance of 2,546.83 . feet to the Southeast comer (as presently monumented and
occupied) oflands described in O. R. Book 1871, Page 1900, of the said Public Records of Vol usia
County; thence North 090 59' 35" West along the East line (as presently monumented and occupied)
of said O. R. Book 1871, Page 1900, a distance of295.75 feet; thence North 18029' 09" West along
the said East line (as presently monumented and occupied) of said O. R. Book 1871, Page 1900, a
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2004-0-22
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distance of99.60 feet to the Northeast corner of said O. R. Book 1871, Page 1900 and the Southeast
corner of lands described in O. R. Book 3944, Page 4176, of the said Public Records of V olusia
County (as presently monumented and occupied); thence North 23039' 17" West along the East line
of said O. R. Book 3944, page 4176 (as presently monumented and occupied), a distance of 411.74
feet to the Northeast corner of said O. R. Book 3944, Page 4176 (as presently monumented and
occupied); thence North 12037' 56" West along the Southerly extension of the East line (as presently
monumented and occupied) of lands described in O. R. Book 4556, Page 2163, of the said Public
Records of Volusia County, a distance of 622.05 feet to the Northeast corner (as presently
monumented and occupied) of said O. R. Book 4556, Page 2163 said point also being the Southeast
corner (as presently monumented and occupied) oflands described in O. R. Book 2908, Page 0549,
of the said Public Records of Volusia County; thence run along the East line (as presently
monumented and occupied) of said O. R. Book 2908, Page 0549 for the following four calls:
North 10004' 43" East, a distance of 121.37 feet; thence North 060 01' 02" East, a distance of 147.71
feet; thence North 040 04' 43" East, a distance of 108.48 feet; thence North 090 41' 55" West, a
distance of 14.86 feet to the Northeast corner of said O. R. Book 2908, Page 0549; thence South 580
09' 00" West along the North line and it's Westerly extension of said O. R. Book 2908, Page 0549,
a distance of639.41 feet to the proposed East Right-of- Way line of Old Mission Road (as shown on
Volusia County Right-of-Way Map Project #4338); and North 130 23' 09" West along the said
proposed East Right-of-Way line, a distance of295.77 feet to a point on the Westerly extension of
the South line of lands described in O. R. Book 3257, Page 0922, of the said Public Records of
Volusia County; thence North 610 10' 44" East along said Westerly extension and the South line (as
presently monumented and occupied) of said O. R. Book 3257, Page 0922, a distance of 642.28 feet
to the Southeast corner (as presently monumented and occupied) of said O. R. Book 3257, Page
0922; thence North 13028' 46" West along the East line (as presently monumented and occupied)
of said O. R. Book 3257, Page 0922, a distance of 502.14 feet to a point on the said South line of
said Mission Oaks and the North line of said Lot 12; thence North 690 07' 59" feet along said South
and North line, a distance of 1,847.56 feet to the POINT OF BEGINNING.
Containing 127.099:!: acres, more or less.
Phase I - Parcel B - Is the Road Right-of-Way containing 4.078:!: acres more or less that is NOT
included in the annexation.
Phase 2 -
Lands described in O. R. Book 2319, Page 1957, of the Public Records of Vol usia County, Florida.
Less and Except: Mission Oaks, Page One and Three B, according to the Declaration of
Condominium, as recorded in O. R. Book 2417, Page 1341, of the said Public Records of Vol usia
County. Said lands also being described as Phases Two and Three A, Mission Oaks, according to
the Condominium Book 33, Pages 131 - 134, of the said Public Records of Vol usia County, Florida,
StI tlck tIuotl!!,h passages are deleted.
Underlined passages are added.
2004-0-22
7
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being more particularly described as follows:
Beginning at the Southeast comer of said Mission Oaks, said point also being the Northeast comer
of Lot 12, Map ofthe South Third of Ambrose Hull Grant, according to the Plat thereof, as recorded
in Plat Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat
Book 16, Page 165, inclusive of the said Public Records of V olusia County, said point being the
POINT OF BEGINNING; thence South 690 07' 59" West along the North line of said Lot 12, a
distance of2,053.60 feet; thence run along the East line of Phase One of said Mission Oaks for the
following five calls:
North 200 52' 01" West, a distance of 420.00 feet; thence North 690 07' 59" East, a distance of
220.00 feet; thence North 20052' 01" West, a distance of330.00 feet; thence South 69007' 59" West,
a distance of220.00 feet; thence North 20052' 01" West, a distance of270.73 feet; thence North 690
II' 24" East along the North line of said Mission Oaks, a distance of 2,050.60 feet to the East line
of said Mission Oaks; thence South 210 02' 09" East along the East line of said Mission Oaks, a
distance of 1,018.70 feet to the POINT OF BEGINNING.
Containing 46.372 :.!:: acres more or less.
StlnGk tluongh passages are deleted.
Underlined passages are added.
2004-0-22
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AGENDA REQUEST
Date: Fehrnary ?R, ?005
PUBLIC
HEARING
ORDINANCE March 7, 2005
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITRM DRSCRIPTION:
2nd Reading Ordinance No. 2004-0-32
Glenn Storch, Esquire, agent for Oak Leaf Preserve, Inc,
owner, requesting an amendment to the Comprehensive
Plan Future Land Use Map to include 173.471::1:: acres of
property located near Old Mission Road and Park
A venue as Low Density Residential with Conservation
Overlay and Conservation.
OWNER(S): Oak Leaf Preserve, Inc.
APPLICANT: Glenn Storch, Esq.
REQUESTED ACTION: An amendment to the Comprehensive Plan Future Land Use Map to include
173.471::1:: acres of property located near Old Mission Road and Park Avenue as Low Density Residential
with Conservation Overlay and Conservation.
LOCATION: East of Old Mission Road, north of the FEC railroad right-of-way, and south and east of
Mission Oaks Condo.
AREA: 173.471::1::acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Low Impact Urban, Environmental Systems Corridor and
Urban Low Intensity.
ZONING DISTRICT: Volusia County A-3 (Transitional Agricultural), MH-5 (Urban Mobile Home),
and RC (Resource Corridor).
PROPOSED USE OF PROPERTY: Single Family Residential
VOTING DISTRICT: 1
CPA-0410 - Massey
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
Manufactured Homes V olusia County Low Impact V olusia County MH-5 (Urban
North and Vacant Urban, Urban Medium Intensity Mobile Home), MH-7 (Mobile
and Environmental Systems Home Park), A-3 (Transitional
Corridor Agricultural), and RC (Resource
Corridor)
Vacant and Single Volusia County Low Impact V olusia County A-3 (Transitional
East Family Residential Urban & Urban Medium Agricultural) and MH-5 (Urban
Intensity Mobile Home)
FEC right-of-way and FEC right-of-way and Volusia
South Vacant FEe right-of-way and Volusia County A-3 (Transitional
County Low Impact Urban Agricultural)
Vacant and Single V olusia County Low Impact V olusia County A-3 (Transitional
West Family Residential Urban Agricultural) and MH-5 (Urban
Mobile Home)
Background: The subject property contains approximately 173.471::1: acres. The proposed development
of the property is a single-family subdivision with a maximum of 450 single-family units. The
subdivision application process must be completed prior to development of this property. Additionally,
an environmental impact study and traffic circulation study must be approved prior to any development.
Florida Department of Community Affairs' aRC Report was received by staff in January 2005 and
contained four (4) objections. Responses to the objections are included as Exhibit "A". Exhibit "A"
shall serve as findings of fact regarding adoption of this Future Land Use Map amendment.
Land Use Compatibility: The proposed use of residential is compatible with the surrounding existing
usage.
Adequate Public Facilities: There is access to Old Mission Road, Massey Road, and Gateway Road via
Morrell Drive. Currently this property has access to City water and/or sewer service, due to the Western
Reserve utility expansion currently being installed in order to serve the Coral Trace Subdivision. Once
that is completed, there will be an eight-inch force main at Massey Road and Gateway Drive, which can
be utilized to serve this property, contingent upon clearance by the Department of Environmental
Protection. The closest water line will be at the intersection of Massey Road and Gateway Drive,
contingent upon being cleared for service by the Department of Health.
Natural Environment: Soil types on this property include Tuscawilla Fine Sand, Chobee Fine Sandy
Loam, and Wabasso Fine Sand. On-site vegetation includes Temperate Hammocks, Mixed Wetland
Hardwoods, and Wet Prairie.
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Consistency with Comprehensive Plan: The Future Land Use Map amendment for this property is
consistent with the City of Edgewater Comprehensive Plan Future Land Use Element's Projected Land
Use Needs - Future Residential Land, which states: "Since the projected future demand for residential
acreage is 3,854 acres and the Future Land Use Map only indicates 3,300 future developable acres, 0
CPA-041O - Massey
2
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there may be a need for annexation or increased density to compensate the demand. The typical
reactions of the market to the demand for housing are anticipated to close the gap between the additional
554 acres that may be needed, considering the ample supply of vacant land currently surrounding the
City. "
Volusia County - Low Impact TJrhan (JJIl:) - Lands within the NRMA which are determined to be
suitable for urban type development, and are adjacent to existing urban development. Any land use
considered to be urban may be permitted within this category, but shall comply with standards consistent
with the provision of the NRMA. The standard shall include, at minimum:
I) a requirement to be serviced by central utilities as required by the Potable Water and Sanitary Sewer
Sub-elements;
2) designation of at least 50% of required open space as provided for in land development regulations to
be preservation of upland habitat and sited in an ecologically strategic manner (e.g., adjacent to
wetlands); and
3) clustering of both residential lots into less than I acre in size and non-residential buildings.
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The gross residential density after the effective date of the Comprehensive Plan shall not exceed
dwelling unit per acre; however, net density may be greater than I dwelling unit per acre.
Non-residential development shall be designed to protect the environmental resources included inside the
NRMA. In addition to the minimum standards above, non-residential development proposals shall be
reviewed using the following criteria:
I) Reduced lot coverage for buildings or impervious surfaces if needed to protect any
environmental resources.
2) Increased landscaped buffers that would be added to the protection of any environmental
resources on site (i.e., 10% of required buffer);
3) Reduced parking areas (if documented through the development review analysis);
4) Limitations on the type of industrial uses to insure neighborhood compatibility, and
5) Commercial would primarily be office, neighborhood convenience or an ancillary use. More
intensive commercial uses may be appropriate if not adjacent to existing residential uses.
All requests for more intensive commercial uses (retail) on parcels greater than 8 acres shall be submitted
as a Planned Unit Development (PUD). The PUD shall be submitted to the VGMC for review to
determine if a Comprehensive Plan amendment is required or the project can proceed through the
County's Zoning review process.
If a development or subdivision located inside a Low Impact Urban designation has been determined to
be vested, then that development or subdivision shall be considered consistent with the Comprehensive
Plan.
This subcategory will be defined as an urban classification and all development which occurs in this
classification shall meet all appropriate urban policies.
Volusia County - TJrhan Low Intensity (lJLI) - Areas for low-density residential dwelling units with a
range of .2 to 4 dwelling units per acre. In reviewing rezoning requests, the specific density will depend
on locational factors, particularly compatibility with adjacent uses and availability of public facilities.
Provided however, lot sizes larger than one acre may be allowed if there are similar lot sizes existing in
the vicinity. This residential category is generally characterized by single family type housing, e.g., single
family detached and attached, cluster and zero lot line. This category will allow existing agricultural
zoning and uses to continue.
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CPA-0410 - Massey
3
This category may also allow neighborhood convenience uses (See Shopping Center definition in
Chapter 20) and individual office buildings as transitional uses that meet the Comprehensive Plan's
location criteria. The commercial intensity should be limited in a manner to be compatible with the
allowable residential density, with more allowable intensity at intersections of heavily used roadways. In
order to be considered compatible, the commercial development should reflect comparable traffic
generation, similar traffic patterns, building scale, landscaping and open space, and buffers. Due to the
nature of some of the commercial uses, additional landscaping and visual screening shall be provided
through the BPUD process when adjacent to low density residential in order to preserve the character of
the neighborhood. High intensive commercial use should be reserved to areas designated for
Commercial.
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All requests for non-residential uses within 1/4 mile of another jurisdiction shall require notification to
that jurisdiction.
VOllISill rOllnty -Rnvironmentlll System rorridor (Fsr) - These consist of important ecological
corridors consisting of environmentally sensitive and ecologically significant lands. Land use activities
occurring within these corridors shall not degrade these natural functions and connections. The intention
is to provide protected, natural pathways, which connect to other protected areas such as parks,
conservation lands and water bodies. This inter-connection helps maintain the ecological integrity and
ecodiversity of the County's vast natural resources.
ESC's shall include significant interconnected natural systems of environmentally sensitive lands,
connecting to and including conservation areas where possible. The ESC's are not intended to include
pre-existing improved, cultivated, or developed lands unless such lands contain unique or exceptional
ecological value. Conservation and silviculture, utilizing Best Management Practices (BMP's), will be the 0
preferred use, however, other compatible passive agricultural activities may also be permitted such as,
unimproved pasture. The primary consideration of compatible agriculture should be potential adverse
impacts to the short and long term ecological stability of the system, as well as adjacent lands and
waterways. The residential density after the effective date of the Comprehensive Plan shall not exceed 1
dwelling unit per 25 acres.
The Environmental System Corridor configuration displayed on the Future land Use Map is intended to
show a generalized location for the corridor. The actual boundaries will be established after the corridor
has been reviewed to determine the boundary in relation to a proposed development based upon site-
specific information and features. Any adjustments will be included in the next amendment cycle.
rity ofRd~ewllter - Low Dem.i(jJ Re...idential- (1.1 to 5 units per gross acre) This residential category is
typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the
predominant land use within the City.
rity of F,d~ewllter - Com.ervation - The Conservation designation includes public lands that have been
acquired and private land areas that have been reserved by mutual agreement with the property owner for
the preservation and protection of Edgewater' s natural resources.
rity of F,d~ewllter - Com.ervation Overlay - The Conservation Overlay area shown on the Future Land
Use Map (FLUM) is intended to protect areas that may potentially contain protected wildlife habitat
areas, hydric soils/wetlands, mangrove swamps, estuarine marsh ecotone, freshwater marshes, special
vegetative communities. Included within the Conservation Overlay definition are areas within a public
water well radius of 500 feet, within the 1 OO-year floodplain, and other areas subject to environmental or
CPA-041O - Massey
4
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topographic constraints. The area designated as Conservation Overlay on the FLUM is not intended to
prevent development, but rather identify sensitive areas that need to be reviewed carefully during the
review process to determine whether development should be permitted or if some form of mitigation may
be necessary. If the areas are determined not to be sensitive, than the underlying land use development
density and/or intensity will be applicable.
Other Matters: There are no other known matters.
STAFF RRCOMMRNnATTON
Staff recommends approval of Ordinance 2004-0-32 based on the finding of facts contained in Exhibit
"A".
ACTTON RRQTJRSTRn
Motion to approve Ordinance 2004-0-32 based on the finding offacts contained in Exhibit "A".
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
1 0-1 R-04
AGENDA ITEM NO. flR
Re~=4Y
Darren Lear
Chief Planner
Gch,:.. rr-n'tt.{~I~
Robin Matusick .
Paralegal
CPA-04IO - Massey
5
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(, K nneth R. ooper.
City Manager
Exhibit "A"
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February 11, 2005
Mr. Kenneth Hooper
City Manager
P.O. Box 100
Edgewater, FL 32132-0100
Re: Comprehensive Plan Amendment 05-1
Objections, Recommendations and Comments (aRC) report
Dear Mr. Hooper,
As requested, we have reviewed the aRC report prepared by the Department of
. Community Affairs (DCA) with respect to the City's proposed Comprehensive Plan 0
Amendment # 05-1 and the enacting ordinance #2004-0-32. This proposed amendment
relates to a tract of land approximately 173.5 acres in size located northeast of the
intersection of Park Avenue and Old Mission Road, known as the Oak Leaf Preserve
Subdivision PUD (Oak Leaf).
DCA raised several issues which will be addressed in turn in this report. For consistency,
the numbering and titling contained herein is taken from DCA's ORC report and text
copied from the ORC report is shown in italics. Following each italicized section is the
suggested response.
I. CONSISTENCY WITH CHAPTER 163. PART II AND RULE 9}-5. F.A.C.
URBAN SPRA WL
1. Objection: The proposed amendment is located outside the City's Urban Service
Area and is not supported by adequate data and analysis demonstrating that the
amendment discourages the proliferation of urban sprawl. Therefore, the
amendment is internally inconsistent with Future Land Use Element Objective 1.4
and Policies 1.4.1 and 1.4.2 which limit development activities outside of the
adopted Utility Service Area (USA) boundary to encourage in fill, and ensure the
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availability of services and facilities to accommodate development and discourage
intensive development outside the USA unless it can be demonstrated that such
development will be adequately served by alternative service delivery systems. The
proposed amendment fails to maximize the use of existing and future public facilities
and services.
Recommendation: Do not adopt the proposed amendments. Alternatively, the City
should include an analysis that considers the proposed FLUM amendments in
relation to the urban sprawl criteria identified above and Future Land Use Elements
Objective1.4 and Policies 1.4.1 and 1.4.2. Revise the amendment as necessary to
be consistent with and supported by the data and analysis.
RESPONSE
While the referenced Objectives and Policies in the City of Edgewater Comprehensive
Plan Future Land Use Element do limit development outside of the Utility Service Area
(USA), those Objectives and Policies do not prohibit such development. The fact that the
land that is the subject of the proposed amendment is outside the USA does not, in and of
itself, make the proposed amendment inconsistent with the Comprehensive Plan.
Future Land Use Element Objective 1.4 requires the City to ".. .maintain regulations and
procedures in the Land Development Code to limit the proliferation of urban sprawl and
encourage redevelopment and revitalization of blighted areas". The City has not
identified any blighted areas, and if it were to do so in the future, it would be able to use
its powers under local and state law to enforce applicable codes and may also elect to
o create a Community Redevelopment Area to correct those conditions.
Future Land Use Element Policy 1.4.1 requires the city to "limit development activities
outside of the adopted Utility Service Area.. . and ensure the availability of services and
facilities to accommodate development" (emphasis added). The City has limited
development in this area by reducing the number of potential dwelling units from the
1,238 calculated by DCA as the maximum density under the originally proposed City of
Edgewater Medium Density Residential classification, to the currently proposed
maximum of 450 dwelling units. This maximum allowable number may be reduced still
further as a result of the City's application of its Land Development Code during the
development plan review process which will provide additional review of wetland,
floodplain and other site-related issues. Discussion of the availability of services and
facilities to the proposed development is contained below under the response to Objection
3.
Future Land Use Element Policy 1.4.2 indicates that the City will discourage "intensive"
development outside the established utility service area"... unless it can be demonstrated
that such development will be adequately served by alternate service delivery systems."
As noted above, the City has acted to discourage intensive development by reducing the
maximum number of allowable dwelling units from the originally proposed potential for
1,238 dwelling units to the currently proposed maximum of 450 dwelling units. The
provision of services to the property will not require an "alternate delivery system" as the
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City of Edgewater is capable of providing all of the necessary services as discussed in
more detail below, in the response to Objection 3.
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SUITABILITY OF LAND
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2. Obiection: The proposed amendment would increase the density of the site from
144 units to 1,238 units. According to Florida Department of Environmental
Protection, the subject site contains poorly drained soils and half of the site is
located within the 100-year flood plain. The proposed amendment would improve
protection of a portion of the subject site designated Environmental Systems Corridor
(ESC) (30.242 acres) by converting this portion of the site to Conservation. However,
the remaining 14.455 acres will have the Conservation Overlay which allows the
underlying 8 dujacre. Furthermore, the proposed amendment does not use the
Conservation Overlay for the flood plain areas and is therefore internally inconsistent
with Policies 1.2.6 and 1.2.7 of the Future Land Use Element which requires that the
City use the Conservation Overlay on the FLUM to protect the natural function of
floodplains and require additional standards for development such as vegetative
buffers, additional setbacks, and clustering of development away from these areas.
Therefore, the City has not demonstrated that the proposed site can accommodate
the density increase proposed by the amendment
Recommendation: Do not adopt the amendment. Alternatively, revise the
amendment to designate the area as Conservation and protect the portion of the site
that is within the 100-year floodplain with the Conservation Overlay.
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RESPONSE
The City will modify the proposed Future Land Use Amendment to change from the
originally proposed FLU of Medium Density Residential (maximum density = 8 du/gross
acre) to Low Density Residential (maximum density = 5 du/gross acre). This change will
be made a part of the adopting ordinance and the Future Land Use Amendment
transmitted to DCA will incorporate this change.
Although the proposed Low Density Residential classification would allow up to 5
dwelling units per acre, the City has negotiated with the developer of the property to
significantly reduce the proposed number of dwelling units. Instead of the 1,238 dwelling
units referred to by DCA, or the 868 dwelling units that would be possible under the Low
Density Residential classification, the developer and the City have agreed that the project
will consist of a maximum of 450 dwelling units (2.6 du/gross acre). This agreement is
formalized in the Planned Unit Development (PUD) Agreement for Oak Leaf Preserve
Subdivision. A copy of Section 3 of that Agreement is attached showing the maximum
number of dwelling units to be 450.
With regard to the issue of the Conservation Overlay designation and floodplain
protection, as required by the Comprehensive Plan Future Land Use Element Policy 1.1.8
Conservation Overlay, the City will require an Environmental Impact Study to determine
the extent of any floodplain areas within the project site. This Study is to be
accomplished as part of the development review process, not as a precedent to a Land
Use Amendment.
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The City's Comprehensive Plan Future Land Use Element Policy 1.1.8 Conservation
Overlay indicates that any area designated as Conservation Overlay on the Future Land
Use map is ".. .not to be considered the exact boundary of the conservation area, but to
act as an indicator of a potential conservation area. The exact boundary shall be
determined by a qualified professional on a case-by-case basis at the expense of the
Developer. "
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In addition, the Comprehensive Plan Future Land Use Element Policy 1.1.8 Conservation
Overlay indicates that "." final determination of the suitability for development of any
individual parcel, as it relates to a Conservation Overlay on the Future Land Use map,
shall be determined prior to issuance of any development approval."
Also, the Comprehensive Plan Future Land Use Element Policy 1.1.8 Conservation
Overlay indicates that "Any property in a Conservation Overlay area is required to
undergo the planned unit development procedure which includes site specific plan
approval and the clustering of density to protect these areas.
The current Volusia County Future Land Use designations applied to the property
indicate that approximately 143.2 acres are designated as Low Impact Urban, and
approximately 30.3 acres are designated as Environmental Systems Corridor.
The proposed City of Edgewater Future Land Use designations to be applied to the
property indicate that approximately 154.7 acres are to be designated as Low Density
Residential with approximately 14.5 acres of that also having the Conservation Overlay
designation, and approximately 18.8 acres are to be designated as Conservation. 0
The proposed plan for the project indicates that a total of 63.58 acres are to be reserved as
preserved wetland area, lakes and ponds, or preserved upland and upland buffer. The
acreage thus designated as reserved from development as dwelling units and
infrastructure represents a 110% increase from the current Environmental Corridor
Systems acreage.
As required by the City's Comprehensive Plan Future Land Use Element Policy 1.1.8
Conservation Overlay, the property in question is being processed as a Planned Unit
Development, as evidenced by the previously mentioned Planned Unit Development
(PUD) Agreement for Oak Leaf Preserve Subdivision.
The City must consider any Conservation Overlay designations as approximate, and
require the developer to further define the limits through the use of qualified
professionals and the preparation of an Environmental Impact Study as part of the
development review process.
The preparation of an Environmental Impact Study and the more-exact definition of the
boundary of any Conservation Overlay area is to be accomplished as part of the project's
development review process, not as part of the Land Use Amendment process.
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The information provided above indicates that the City has met the requirements of the
City of Edgewater Comprehensive Plan at the Future Land Use Amendment stage, and it
has the Planned Unit Development Agreement and Land Development Code
requirements in place to ensure that the requirements of wetland and floodplain
protection are met during development of the project plans.
POTABLE WATER AND SANITARY SEWER FACILITIES
3. Obiection: The proposed amendment is not supported by public facilities (potable t "\
water and sanitary sewer) analysis based on the maximum development potential of V
the amendment parcels addressing the fol/owing: (1) the amount of potable water
and sanitary sewer demand generated by the maximum development potential
aI/owed by the FLUM amendment; (2) the available uncommitted capacity of potable
water and sanitary sewer facilities that would serve the site; (3) the impact of the
demand for potable water and sanitary sewer facilities on the projected operating
level of service and available capacity of those facilities; (4) the need for potable
water and sanitary sewer facilities improvements (scope, timing and cost of
improvements) or other planning alternatives to maintain the adopted level of
service standards for the facilities; and (5) coordination of any needed facilities
improvements with the Infrastructure and Capital Improvements Elements, including
implementation through the Five-Year Schedule of Capital Improvements. Thus, the
amendments have not been demonstrated to be consistent with the following
provisions of the City's Comprehensive Plan: Utilities Element - Potable Water Sub-
Element Objective 1.1, Policies 1.1.1 through 1.1.3; and Capital Improvements
Element Objective 4, Policy 1.4.1.
Furthermore, the parcel to the proposed amendment is located outside the service
area analyzed in the City's consumptive use permit (CUP) review process. As a result,
the proposed amendment does not coordinate land use and water supply planning.
Recommendation: Do not adopt the amendments. Alternatively, revise the
amendment to include the required analysis necessary to support the FLUM
amendment and demonstrate coordination of land use with the planning and
provision of public facilities and coordination with the Capital Improvements Element
and demonstrate consistency with the Comprehensive Plan goals, objectives and
policies. The analysis should be based on the maximum development potential
allowed by the proposed future land use designations; and conduct a cumulative
analysis of the proposed amendments. The amendments should also demonstrate
coordination with the St. Johns River Water Management District regulatory staff to
ensure population and water demand projections related to the development of the
area subject to the map change are considered in the City's CUP application, and
update the population and water demand projections used in the City's
comprehensive plan to correspond to the figures used in the CUP renewal process.
Revise the amendment as necessary to be consistent with and supported by the
analysis.
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RESPONSE
(1) the amount of potable water and sanitary sewer demand generated by the
maximum development potential aI/owed by the FLUM amendment;
The maximum development potential on the subject property based on the proposed City
of Edgewater Future Land Use designation of Low Density Residential would be 867
dwelling units. Based on the City's level of service standards, these dwelling units would
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place average daily demands on the water and wastewater systems of 190,740 gallons and
171,666 gallons respectively.
Although the above figures represent the maximum theoretical water and sewer demand,
the Planned Unit Development (PUD) Agreement for Oak Leaf Preserve Subdivision
limits the maximum development potential to 450 dwelling units. Based on the City's
level of service standards, the average daily water demand for these units will be 99,000
gallons per day, and the wastewater treatment demand will be 89,100 gallons per day.
(2) the available uncommitted capacity of potable water and sanitary sewer facilities
that would serve the site;
The City will supply water to the development from its Alan R. Thomas water treatment
plant located near the intersection of 1-95 and SR 442. The Thomas water plant has a
permitted treatment capacity of 5.0 million gallons per day (MOD). The City's
Consumptive Use Permit (CUP) maximum annual allocation for 2003 was 905.20
MO/year, which equates to an average daily flow of 2.48 MOD. The CUP allocation
therefore is the more restrictive potential constraint to development. The City has applied
for a renewal of its CUP and in the data contained in that application submittal, the
proposed withdrawal rate rises from 832.20 MO/year in 2005 to 1,299.40 MO/year in
2023. In terms of annual average daily flow (AADF) the CUP renewal proposes an
AADF of 2.28 MOD in 2005, rising to an AADF of3.56 MOD in 2023.
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The January 2005 water plant operating records indicate an average daily finished water
pumping rate of 1.18 MOD. Using the proposed 2005 CUP allocation, the available
capacity would be 1.10 MOD. As noted above, the potable water demand caused by the
referenced development project would be approximately 0.10 MOD, leaving an
additional 1.0 MOD to serve the other projects anticipated in the CUP renewal.
The permitted capacity of the City's wastewater treatment plant is 2.75 MOD. The City's
wastewater treatment plant operating records for 2004 indicate that over the twelve
month period, the average daily flow was 1.12 MOD. In addition to this existing flow, the
City has committed an additional flow of 0.09 MOD, making the total of the existing and
committed flow equal to 1.21 MOD. Based on the permitted treatment capacity of 2.75
MOD, the City has an available uncommitted wastewater treatment capacity of 1.54
MOD. As noted above, the wastewater treatment demand caused by the referenced
development project would be approximately 0.09 MOD, leaving an additional 1.45
MOD of uncommitted wastewater treatment capacity.
(3) the impact of the demand for potable water and sanitary sewer facilities on the
projected operating level of service and available capacity of those facilities;
Attachment 1 provides a recapitulation of the information submitted to SJR WMD in
support of the City's request for a renewal of the City's Consumptive Use Permit.
Attachment 1 also provides information on the effect the proposed Oak Leaf PUD
development will have on the originally anticipated water needs. The information
provided for the Oak Leaf PUD development is based on the City's adopted potable
water level of service. As can be seen from Attachment 1, the proposed Oak Leaf PUD
o development increases the total potential water withdrawal over the 20 year period from
2004 to 2023 by less than 4% in any given year. This difference is within the margin of
error inherent in any 20 year prediction, and is thus of no real significance to the overall
Consumptive Use Permit renewal process, and has no significant effect on the City's
ability to provide water service to its current and future customers. The City's
Comprehensive Plan Potable Water Sub-Element indicates that no upgrades to the City's
water treatment plant will be required until at least 2015. The proposed development's
potable water demand is insufficient to cause a significant shift in this planning horizon.
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Attachment 2 provides information on the wastewater treatment plant operation during
2004. As noted above, the proposed development will have a wastewater treatment
demand of approximately 0.09 MGD, and with this additional demand, the city will have
an uncommitted wastewater treatment capacity of 1.45 MGD. The City's Comprehensive
Plan Sanitary Sewer Sub-Element indicates that no upgrades to the City's wastewater
treatment plant will be required until at least 2015. The proposed development's potable
water demand is insufficient to cause a significant shift in this planning horizon.
(4) the need for potable water and sanitary sewer facilities improvements (scope,
timing and cost of improvements) or other planning alternatives to maintain the
adopted level of service standards for the facilities;
Water service to the development will be provided through water mains that are already
in place, and which are capable of providing the required volume of water at acceptable
pressure to the development. The City of Edgewater' s potable water distribution network
is a series of interconnected pipes and pipe loops which is similar in nature to every other
private or public potable water distribution system.
The closest of the existing water mains is a 10 inch diameter main on the north side of
Park Avenue, which runs along the south boundary of the development property. Another
10 inch diameter main runs north from the Park Avenue main, parallel to the east
boundary of the development property. The property is therefore bounded on its south
and east sides by existing 10" diameter water mains, both of which are in place and
connected to the City's distribution system.
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The City's land development standards will require the developer to construct at his
expense and concurrent with development of the property, any necessary additional
perimeter water mains as well as all necessary internal water mains. Any necessary
perimeter water mains will be designed and constructed to form part of the City's water
distribution system, and the internal water mains will be designed and constructed to
FDEP and City standards.
Wastewater generated in the development will be transmitted to the City's wastewater
treatment plant through an existing series of lift station and force mains. The City of
Edgewater's sanitary sewer collections and transmission system is composed of a series
of interconnected gravity collection networks, lift stations and force mains which is
similar in nature to every other private or public wastewater collection system.
The closest of the existing force mains is a 6 inch diameter force main on the north side
of Park Avenue at the intersection of Park A venue and Gateway Dr. at the south
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boundary of the development property. This force main connects to a 12 inch diameter
force main which runs along Ranch Road. These existing force mains and their associated
lift stations transmit wastewater to the City's wastewater treatment plant.
The City's land development standards will require the developer to construct at his
expense and concurrent with development of the property, any necessary internal sanitary
sewage gravity collections system as well as any lift stations and force mains required to
connect to the City's existing system. Any necessary lift stations and force mains will be
designed and constructed to form part of the City's sanitary sewer collection and
transmission system, and will be designed and constructed to FDEP and City standards.
(5) coordination of any needed facilities improvements with the Infrastructure and
Capital Improvements Elements, including implementation through the Five-Year
Schedule of Capital Improvements.
As discussed above, the facilities needed to support the proposed development are either
in place now, or will be built by the developer at his expense as part of the site
development process. There are thus no facilities improvements required to be made by
the City in order to provide service to the proposed development.
Furthermore, the parcel to the proposed amendment is located outside the service
area analyzed in the City's consumptive use permit (CUP) review process. As a result,
the proposed amendment does not coordinate land use and water supply planning.
The amendments should also demonstrate coordination with the St. Johns River
Water Management District regulatory staff to ensure population and water demand
projections related to the development of the area subject to the map change are
considered in the City's CUP application, and update the population and water
demand projections used in the City's comprehensive plan to correspond to the
figures used in the CUP renewal process.
The City hired Quentin L. Hampton Associates, Inc. to assist with the preparation of the
SJRWMD Consumptive Use Permit renewal. Mr. Brad Blaise, P.E., an engineer with that
firm, has spoken to Ms. Callie Register with SJRWMD to address the issue of the
property being located outside the area that was included in the permit renewal package.
The agreement reached was that the City would revisit the permitted allocation amount
every five years during the term of the CUP, and would request the necessary
adjustments based on actual flow records, additional areas annexed and revised flow
projections. This approach to addressing the SJR WMD objection was acceptable to Ms.
Register. A letter dated December 14, 2004 from Mr. Blaise to Mr. Teny Wadsworth,
Edgewater's Director of Environmental Services is attached which describes the agreed-
upon solution.
II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
The proposed amendment is not consistent with the following Goals and Policies of I "\
the State Comprehensive Plan; V
Goal (7)(a),Water Resources, Policies (b)2,5,8,9,10 and 11;
Goal (9)(a), Natural Systems and Recreational Lands, Policies (b) 1, 7 and 10;
Goal (15)(a), Land Use, Policies (b)l,2 and 6;
Goal (17)(a), Public Facilities, Policies (b)l,and 2
Recommendation: The amendment should be revised, to be consistent with the
above referenced goals and policies of the State Comprehensive Plan, in accordance
with the objections and recommendations contained in Section I of the report.
RESPONSE
As a municipality, the City of Edgewater is limited in its ability to carry out the
referenced state-wide goals and policies. Each of the referenced section of the Florida
Comprehensive Plan are listed below along with a brief discussion of the City's efforts to
carry out those goals and policies. This discussion is provided as an adjunct to the
detailed response to each of the DCA objections as provided above.
(7) WATER RESOURCES.-
(a) Goa/.-Florida shall assure the availability of an adequate supply of water for all
competing uses deemed reasonable and beneficial and shall maintain the functions
of natural systems and the overall present level of surface and ground water quality.
Florida shall improve and restore the quality of waters not presently meeting water
quality standards.
(b) Policies.-
2. Identify and protect the functions of water recharge areas and provide incentives
for their conservation.
5. Ensure that new development is compatible with existing local and regional water
supplies.
8. Encourage the development of a strict floodplain management program by state
and local governments designed to preserve hydrologically significant wetlands and
other natural floodplain features.
9. Protect aquifers from depletion and contamination through appropriate regulatory
programs and through incentives.
10. Protect surface and groundwater quality and quantity in the state.
11. Promote water conservation as an integral part of water management programs
as well as the use and reuse of water of the lowest acceptable quality for the
purposes intended.
The City of Edgewater's Comprehensive Plan and Land Development Code provide for
the protection of groundwater recharge areas, floodplains and environmentally sensitive
areas. As noted above, the City works closely with the SJR WMD to ensure water supply
issues are appropriately addressed. The City promotes water conservation through its
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reclaimed water program and public information programs regarding irrigation and
water-conscious landscaping practices.
(9) NATURAL SYSTEMS AND RECREATIONAL LANDS.-
(a) Goa/.-Florida shall protect and acquire unique natural habitats and ecological
systems, such as wetlands, tropical hardwood hammocks, palm hammocks, and
virgin longleaf pine forests, and restore degraded natural systems to a functional
condition.
(b) Policies.-
1. Conserve forests, wetlands, fish, marine life, and wildlife to maintain their
environmental, economic, aesthetic, and recreational values.
7. Protect and restore the ecological functions of wetlands systems to ensure their
long-term environmental, economic, and recreational value.
10. Emphasize the acquisition and maintenance of ecologically intact systems in all
land and water planning, management, and regulation.
The City of Edgewater provides for the conservation and protection of wetlands and
environmentally sensitive areas through the application of its Land Development Code.
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(15) LAND USE.--
(a) Goa/.-In recognition of the importance of preserving the natural resources and
enhancing the quality of life of the state, development shall be directed to those
areas which have in place, or have agreements to provide, the land and water
resources, fiscal abilities, and service capacity to accommodate growth in an
environmentally acceptable manner.
(b) Policies.-
1. Promote state programs, investments, and development and redevelopment
activities which encourage efficient development and occur in areas which will have
the capacity to service new population and commerce.
2. Develop a system of incentives and disincentives which encourages a separation
of urban and rural land uses while protecting water supplies, resource development,
and fish and wildlife habitats.
6. Consider, in land use planning and regulation, the impact of land use on water
quality and quantity; the availability of land, water, and other natural resources to
meet demands; and the potential for flooding.
The City of Edgewater promotes efficient investment, development and redevelopment of
rural and urban areas through the application of its Land Development Code and zoning
practices. Water quality issues are addressed through application of zoning and land use
criteria, wellhead protection measures, and protection of groundwater recharge areas
through development review and stormwater management.
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(17) PUBLIC FACILlTlES.--
(a) Goal.-Florida shall protect the substantial investments in public facilities that
already exist and shall plan for and finance new facilities to serve residents in a
timely, orderly, and efficient manner.
(b) Policies.-
1. Provide incentives for developing land in a way that maximizes the uses of
existing public facilities.
2. Promote rehabilitation and reuse of existing facilities, structures, and buildings as
an alternative to new construction.
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The City of Edgewater has provided the necessary public utility facilities to serve the
proposed development, and there will be no need for additional utility facilities to be
constructed by the City. The transportation system is adequate to serve the proposed
development. The City has approached this proposed development in a manner that
maximizes the use of existing public facilities.
SUMMARY
In response to Objection 2, the City of Edgewater will revise the proposed
Comprehensive Plan Amendment to change the proposed Land Use from Medium
Density Residential to Low Density Residential and reduce the maximum number of
dwelling units to 450. The other Objections are addressed as described above, through the
provision of data and analysis which adequately answers the issues raised by DCA and
the other reviewing agencies.
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DRAFT
"
Mobile Home Condo, within Edgewater, V olusia County, Florida. The legal description of the
o property is attached hereto as Exhibit "A" - Legal Description. The Record owner of the
subject property is Oak Leaf Preserve, Inc., with P. Michael Evans as their authorized agent.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Oak Leaf Preserve, as defined by the Master Plan, dated
, 2005 (Exhibit "B" included herein), within one (1) year of required
permit approvals for this project or within eighteen (18) months of the effective date of this
Agreement, whichever is greater. Developer's failure to initiate construction within the time
frame identified herein may result in the City's termination of the Agreement. The City, at its
sole option, may extend the duration of this Agreement. This development must be consistent
with the Master Plan and which must be approved by City Council prior to commencement of
o any authorized work. Final approval of the Subdivision Plan~ by City staff shall include, but not
be limited to utilities, stormwater, traffic, streetlights, fire rescue, hydrants, law enforcement,
sidewalks, environmental, solid waste containment, and planning elements, including
landscaping, signage and pavement marking.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this
Agreement and in accordance with the City of Edgewater's current Land Development Code.
The Developer further agrees that all development'will be consistent with the Oak Leaf Preserve
Master Plan dated
, 2005 (Exhibit "B"). Oak Leaf Preserve shall be
developed consistent with the City's development procedures. Final project approval may be
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28,:Q005)
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A. Average Lot SizelUnit Count
. -,
subject to change based upon final environmental, permitting, and planning consideratioils/
of the property will be as follows:
Oak Leaf Preserve shall not exceed a total of 450 dwelling units.
Preliminary Plat approval, the total number of units may vary but the maximum residential units
allowed for the Oak Leaf Preserve Subdivision shall not exceed three (3) dwelling units per total
gross acreage or a maximum total of 450 units.
No lot will exceed a maximum building coverage of fifty percent (50%) with a maximum
impervious coverage of seventy-five percent (75 %).
Lot Dimensions:
Density per PUD (not to exceed 450 units):
Less than 75' x 120'
(but no less than 50' frontage)
Not kss than 200 uuits plus 01 minus 10%
of total lots 200 - 250 units
Equal to or greater than 75' x 120'
Not k5S than 200 units plU5 01 n:..1nu5 10% of total
tots:- 200 - 250 units
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B. Minimum Single Family House Square Footage
The minimum gross house square footage for no k5S than ninety (90) pc,lcent of 400
residential units shall consist of not less than 1,300 square feet living ~ and no more than five
(5) pelcent of the 50 residential units shall consist of no less thanI,200 square feet or more living
area. Each single family residence will have a minimum of a two (2) car enclosed garage. No
carports shall be allowed.
C. Minimum Yard Size and Setbacks:
Less than 75' Lots
Equal to or greater than 75' Lots
Front - 25'
Same
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28J!005)
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AGENDA REQUEST
Date: Fehmflry n, 7004
PUBLIC
HEARING
RESOLUTION
ORDINANCE Octoher 1 R, 2004
BOARD
APPOINTMENT
OTHER
RUSINESS
CONSENT
TTRM DRSCRTPTTON:
2nd Reading - Ordinance No. 2004-0-33
Glenn Storch, Esquire, agent for Oak Leaf Preserve Inc,
owner requesting amendment to the Official Zoning
Map to. include 173.4 71 ~ acres of property located east
of Old Mission Road, north of the Florida East Coast
Railroad, south and east of Mission Oaks Mobile Home
Condo as RPUD (Residential Planned Unit
Development).
OWNER(S): Oak Leaf Preserve Inc
APPLICANT: Glenn Storch, Esq.
REQUESTED ACTION: An amendment to the Official Zoning Map to include 173.471~ acres of
property located near Old Mission Road and Park Avenue as RPUD (Residential Planned Unit
Development).
LOCATION: Located east of Old Mission Road, north of the Florida East Coast Railroad, south and
east of Mission Oaks Mobile Home Condo.
AREA: 173.47H acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Low Impact Urban, Environmental Systems Corridor and
Urban Low Intensity (currently in the Future Land Use amendment process as Low Density Residential
with Conservation Overlay and Conservation).
ZONING DISTRICT: Volusia County A-3 (Transitional Agricultural), MH-5 (Urban Mobile Home),
and RC (Resource Corridor)
PROPOSED USE OF PROPERTY: Single family residential with a maximum of 450 units with lot
ranges of 50' x 120' to 75' x 120'.
VOTING DISTRICT: 1
G:\planning\Bonnie\council agenda requests\2005\2nd Reading\RZ-0413 - Massey.doc
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
V olusia County Low Impact Volusia County MH-5 (Urban
North Mobile Home), MH-7
Manufactured Homes Urban, Urban Medium (Mobile Home Park), A-3
and Vacant Intensity and Environmental
Systems Corridor (Transitional Agricultural),
and RC (Resource Corridor)
V olusia County Low Impact V olusia County A-3
East Vacant and Single Urban & Urban Medium (Transitional Agricultural)
Family Residential Intensity and MH-5 (Urban Mobile
Home)
South FEC right-of-way and FEC right-of-way and FEC right-of-way and
Vacant V olusia County Low Impact V olusia County A-3
Urban (Transitional Agricultural)
V olusia County A-3
West Vacant and Single V olusia County Low Impact (Transitional Agricultural)
Family Residential Urban and MH-5 (Urban Mobile
Home)
Background: The subject property contains approximately 173.471:l: acres. The proposed
development of the property is a single-family subdivision with a maximum of 450 single-family units.
Lot sizes shall range between 50' x 120' to 75' x 120'. The subdivision application process must be
completed prior to development of this property. Additionally, an environmental impact study and traffic
circulation study must be approved prior to any development.
Attached is a draft PUD Agreement for the proposed development.
Land Use Compatibility: The proposed RPUD zoning is compatible with the surrounding existing
residential usage.
Adequate Public Facilities: There will be an access road from Old Mission Road, one from Park
A venue and emergency access from Gateway Drive. Currently this property has access to City water
and/or sewer service, due to the Western Reserve utility expansion currently being installed in order to
serve the Coral Trace Subdivision. Once that is completed, there will be an eight-inch force main at
Massey Road and Gateway Drive, which can be utilized to serve this property, contingent upon clearance
by the Department of Environmental Protection. The closest water line will be at the intersection of
Massey Road and Gateway Drive, contingent upon being cleared for service by the Department of
Health.
The developer shall provide several passive parks within the development and shall be maintained by the
Homeowners Association.
The development shall be gated and shall be served by private roads within the interior. The private
roads shall be maintained by the Homeowners Association with easements to the City for utility and
G:\planning\Bonnie\council agenda requests\2005\2nd Reading\RZ-0413 - Massey.doc
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drainage purposes, per the PUD Agreement.
Natural Environment: Soil types on this property include Tuscawilla Fine Sand, Chobee Fine Sandy
Loam, and Wabasso Fine Sand. On-site vegetation includes Temperate Hammocks, Mixed Wetland
Hardwoods, and Wet Prairie.
Consistency with Comprehensive Plan: The proposed RPUD zoning for this property is consistent
with the City of Edgewater Comprehensive Plan Future Land Use Element's Projected Land Use Needs -
Future Residential Land, which states: "Since the projected future demand for residential acreage is
3,854 acres and the Future Land Use Map only indicates 3,300 future developable acres, there may be a
need for annexation or increased density to compensate the demand. The typical reactions of the market
to the demand for housing are anticipated to close the gap between the additional 554 acres that may be
needed, considering the ample supply of vacant land currently surrounding the City. "
Other Matters: There are no other known matters.
STAFF RFCOMMFNnATION
Staff recommends approval of Ordinance 2004-0-33 and execution of the PUD Agreement upon
satisfactory completion of the City staff comments.
ACTION RFQTJFSTFn
Motion to approve Ordinance 2004-0-33 and execution of the PUD Agreement upon satisfactory
completion of the City staff comments.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
1 0-1 R-04
AGENDA ITEM NO. nC
Respectfully Submi,1ted By:
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Kenneth R. Hooper
City Manager
~.~L~-/~~\
Robin Matusick
Paralegal
G:\planning\Bonnie\council agenda requests\2005\2nd Reading\RZ-0413 - Massey.doc
~
ORDINANCE NO. 2004-0-33
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AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) AND RC (RESOURCE CORRIDOR) TO
RPUD (RESIDENTIAL PLANNED UNIT DEVELOPMENT)
FOR PROPERTY LOCATED SOUTH AND EAST OF OLD
MISSION ROAD, NORTH OF THE FLORIDA EAST COAST
("FEC") RAILROAD AND EAST OF MISSION OAKS
MOBILE HOME CONDO, EDGEW A TER, FLORIDA;
AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED
UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR
OAK LEAF PRESERVE SUBDIVISION; 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:
Oak Leaf Preserve, Inc., has submitted an application on behalf ofFOri.Mac(Jaulay '. 0
Development Consultants, Inc. for a change in zoning classification for property currently owned
1.
by Massey Enterprises (said property being under contract). Forte MacCaulay Development
Consultants, Inc., is the agent of record and contract purchaser for the subject property. P. Michael
Evans is the authorized agent on behalf of Oak Leaf Preserve, Inc.
2. Glenn Storch of Storch and Morris, P.A. has submitted the application requesting the
change in zoning on behalf of Oak Leaf Preserve, Inc., for a change in zoning classification from
County A-3 (Transitional Agriculture) and RC (Resource Corridor) to RPUD (Residential Planned
Unit Development).
3. On October 13, 2004, the Local Planning Agency (Planning and Zoning Board)
SttnGk tluotlgl. passages are deleted.
Underlined passages are added.
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2004-0-33
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considered the application for change in zoning classification and by a vote of 6-0, the Board
recommended that City Council consider approval of the request.
4. On October 18,2004, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
October 6, 2004.
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:
Stl tick till otlgh passages are deleted.
Underlined passages are added.
2004-0-33
2
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
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The zoning classification for the following described property is hereby changed from County
A-3 (Transitional Agriculture) and RC (Resource Corridor) to RPUD (Residential Planned Unit
Development) pursuant to the associated Planned Unit Development (PUD) Agreement for Oak Leaf
Preserve Subdivision (attached hereto and incorporated as Exhibit "BOO):
The following described real property all lying and being in the County of V olusia
and State of Florida.
Phase I -
Parcel A -
A portion of lands described in O.R. Book 2300, Pages 1740 - 1748 together with
lands described in O. R. Book 3012, Page 0445 and O. R. Book 2510, Page 1873,
inclusive in the Public Records of V olusia County, Florida, said lands being a portion
of Lots 11, 12 and 13, Map of the South Third of Ambrose Hull Grant, according to
the plat thereof, as recorded in Plat Book 4, Page 199, and in Plat Book 16, Page 134,
and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive in the Public
Records of Vol usia County, Florida, lying in Section 53, Township 17 South, Range
34 East and Section 36, Township 17 South, Range 33 East, of said Volusia County,
being more particularly described as follows:
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Commence at the Northeast corner of said Lot 12, said point also being the Southeast
corner of Mission Oaks Condominium, according to the plat thereof as recorded in
Plat Book 38, Pages 181 - 184, of the said Public Records of V olusia County; thence
South 690 07' 59" West along the North line of said Lot 12 and the South line of said
Mission Oaks, a distance of 1,195.01 feet to the West line of the East 1,195 feet of
said Lot 12, said point being the POINT OF BEGINNING; thence South 21002' 59"
East along the said West line of the East 1,195 feet, a distance of 1,224.26 feet to a
point lying 1,250 feet (by perpendicular measurement) from the North Right-of-Way
line of Massey Road ( a 50 foot wide County Road Right-of- Way lying North of and
adjacent to the Florida East Coast Rail Road Right-of-Way); thence South 670 53'
13" West parallel to said Massey Road, a distance of 545.09 feet to the West line of
the East 1,740 feet of said Lots 12 and 13; thence South 21002' 59" East along said
Stll1ck till otl!\h passages are deleted.
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2004-0-33
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West line of the East 1,740 feet of said Lots 12 and 13, a distance of250.04 feet to
a point lying 1,000 feet (by perpendicular measurement) from the said North Right-
of-Way line of Massey Road; thence North 67053' 13" East parallel to said Massey
Road, a distance of817.64 feet to the West line of the East 922.5 feet of said Lot 13;
thence South 21002' 59" East along said West line of the East 922.5 feet of said Lot
13, a distance of 1,000.17 feet to the said North Right-of-Way line of Massey Road;
thence South 670 53' 13" West along said North Right-of-Way line, a distance of
2,546.83 feet to the Southeast corner (as presently monumented and occupied) of
lands described in O. R. Book 1871, Page 1900, of the said Public Records of
Volusia County; thence North 090 59' 35" West along the East line (as presently
monumented and occupied) of said O. R. Book 1871, Page 1900, a distance of
295.75 feet; thence North 180 29' 09" West along the said East line (as presently
monumented and occupied) of said O. R. Book 1871, Page 1900, a distance of99.60
feet to the Northeast corner of said O. R. Book 1871, Page 1900 and the Southeast
corner oflands described in O. R. Book 3944, Page 4176, of the said Public Records
of Vol usia County (as presently monumented and occupied); thence North 23039'
17" West along the East line of said O. R. Book 3944, page 4176 (as presently
monumented and occupied), a distance of 411.74 feet to the Northeast corner of said
O. R. Book 3944, Page 4176 (as presently monumented and occupied); thence North
120 37' 56" West along the Southerly extension of the East line (as presently
monumented and occupied) oflands described in O. R. Book 4556, Page 2163, ofthe
said Public Records of Vo1usia County, a distance of 622.05 feet to the Northeast
corner (as presently monumented and occupied) of said O. R. Book 4556, Page 2163
said point also being the Southeast corner (as presently monumented and occupied)
of lands described in O. R. Book 2908, Page 0549, of the said Public Records of
V olusia County; thence run along the East line (as presently monumented and
occupied) of said O. R. Book 2908, Page 0549 for the following four calls:
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North 10004' 20" East, a distance of 121.37 feet; thence North 06001' 02" East, a
distance of 147.71 feet; thence North 04004' 43" East, a distance of 108.48 feet;
thence North 090 41' 55" West, a distance of 14.86 feet to the Northeast corner of
said O. R. Book 2908, Page 0549; thence South 58009' 00" West along the North
line and it's Westerly extension of said O. R. Book 2908, Page 0549, a distance of
639.41 feet to the proposed East Right-of-Way line of Old Mission Road (as shown
on Vo1usia County Right-of-Way Map Project #4338); and North 13023' 09" West
along the said proposed East Right-of-Way line, a distance of295.77 feet to a point
on the Westerly extension of the South line oflands described in O. R. Book 3257,
Page 0922, of the said Public Records of Vol usia County; thence North 610 10' 44"
East along said Westerly extension and the South line (as presently monumented and
occupied) of said O. R. Book 3257, Page 0922, a distance of 642.28 feet to the
Southeast corner (as presently monumented and occupied) of said O. R. Book 3257,
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2004-0-33
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Page 0922; thence North 130 28' 46" West along the East line (as presently
monumented and occupied) of said O. R. Book 3257, Page 0922, a distance of
502.14 feet to a point on the said South line of said Mission Oaks and the North line
of said Lot 12; thence North 690 07' 59" East along said South and North line, a
distance of 1,847.56 feet to the POINT OF BEGINNING.
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Containing 127.099 i: acres, more or less.
Phase I - Parcel B - Is the Road Right-of- Way containing 4.078 i: acres more or less
that is NOT included in the annexation.
Phase 2 -
Lands described in O. R. Book 2319, Page 1957, of the Public Records of Vol usia
County, Florida. Less and Except: Mission Oaks, Phase One and Three B, according
to the Declaration of Condominium, as recorded in O. R. Book 2417, Page 1341, of
the said Public Records of V olusia County. Said lands also being described as
Phases Two and Three A, Mission Oaks, according to the Condominium Book 33,
Pages 131 - 134, of the said Public Records of V olusia County, Florida, being more
particularly described as follows:
Beginning at the Southeast comer of said Mission Oaks, said point also being the
Northeast comer of Lot 12, Map of the South Third of Ambrose Hull Grant,
according to the Plat thereof, as recorded in Plat Book 4, Page 199, and in Plat Book
16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive
of the said Public Records of V olusia County, said point being the POINT OF
BEGINNING; thence South 690 07' 59" West along the North line of said Lot 12, a
distance of2,053 .60 feet; thence run along the East line of Phase One of said Mission
Oaks for the following five calls:
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North 200 52' 01" West, a distance of 420.00 feet; thence North 690 07' 59" East, a
distance of 220.00 feet; thence North 200 52' 01" West, a distance of 330.00 feet;
thence South 69007' 59" West, a distance of220.00 feet; thence North 200 52' 01"
West, a distance of270.73 feet; thence North 690 II' 24" East along the North line
of said Mission Oaks, a distance of 2,050.60 feet to the East line of said Mission
Oaks; thence South 210 02' 09" East along the East line of said Mission Oaks, a
distance of 1,018.70 feet to the POINT OF BEGINNING.
Containing 46.372 i: acres more or less.
Map of subject properties are reflected on Exhibit "A" and incorporated herein.
Shtlck thlotlg,h passages are deleted.
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2004-0-33
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PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, 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.
AUTHORIZATION.
City Council hereby authorizes the Mayor to execute the associated Planned Unit
Development (PUD) Agreement for Oak Leaf Preserve Subdivision (attached hereto and
incorporated herein as Exhibit "B").
PART D.
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 E.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART F.
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.
Stl n~k till ongh passages are deleted.
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2004-0-33
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PART G.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTH.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held October 18,2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
ABSENT
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
, the
vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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2004-0-33
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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
Stlllck till <lllgh passages are deleted.
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2004-0-33
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 5th day of
March, 2005 under Agenda Item No.
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THIS INSTRUMENT PREPARED BY:
m[j]&J~p
Paul E. Rosenthal, Esquire
FOLEY & LARDNER, LLP
111 North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
AFTER RECORDING RETURN TO:
Robin 1. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
OAK LEAF PRESERVE SUBDIVISION
THIS AGREEMENT is made and entered into this
day of
2005 by and between, the CITY OF EDGEW ATER, FLORIDA, a municipal corporation,
whose mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132,
(hereinafter referred to as "City") and OAK LEAF PRESERVE, INC., a Florida Corporation,
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with P. Michael Evans as the authorized agent whose address is 1682 W. Hibiscus Boulevard,
Melbourne, Florida 32901 (hereinafter referred to as "Developer"). The purpose of this
Agreement is to define the terms and conditions granting the development approval of the
subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 173.471 i: acres located east of Old
Mission Road, north of the Florida East Coast ("FEC") Railroad, south and east of Mission Oaks
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28.Q005)
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Mobile Home Condo, within Edgewater, V olusia County, Florida. The legal description of the
property is attached hereto as Exhibit "A" - Legal Description. The Record owner of the
subject property is Oak Leaf Preserve, Inc., with P. Michael Evans as their authorized agent.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Oak Leaf Preserve, as defined by the Master Plan, dated
, 2005 (Exhibit "B" included herein), within one (1) year of required
permit approvals for this project or within eighteen (18) months of the effective date of this
Agreement, whichever is greater. Developer's failure to initiate construction within the time
frame identified herein may result in the City's termination of the Agreement. The City, at its
sole option, may extend the duration of this Agreement. This development must be consistent
with the Master Plan and which must be approved by City Council prior to commencement of
any authorized work. Final approval of the Subdivision Plan~ by City staff shall include, but not
be limited to utilities, stormwater, traffic, streetlights, fire rescue, hydrants, law enforcement,
sidewalks, environmental, solid waste containment, and planning elements, including
landscaping, signage and pavement marking.
3. DEVELOPMENT USES PERMITTED
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The Developer hereby agrees to develop the property subject to the terms of this
Agreement and in accordance with the City of Edgewater's current Land Development Code.
The Developer further agrees that all development' will be consistent with the Oak Leaf Preserve
Master Plan dated , 2005 (Exhibit "B"). Oak Leaf Preserve shall be
developed consistent with the City's development procedures. Final project approval may be
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28~005)
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subject to change based upon final environmental, permitting, and planning considerations. Use
of the property will be as follows:
A. Average Lot SizelUnit Count
Oak Leaf Preserve shall not exceed a total of 450 dwelling units. Based on the
Preliminary Plat approval, the total number of units may vary but the maximum residential units
allowed for the Oak Leaf Preserve Subdivision shall not exceed three (3) dwelling units per total
gross acreage or a maximum total of 450 units.
No lot will exceed a maximum building coverage of fifty percent (50%) with a maximum
impervious coverage of seventy-five percent (75 %).
Lot Dimensions:
Density per PUD (not to exceed 450 units):
Less than 75' x 120'
(but no less than 50' frontage)
Not less than 200 units plus 01 minus 10%
of total lots 200 - 250 units
Equal to or greater than 75' x 120'
Not kss than 200 units plus 01 minus 10% of total
ltm:- 200 - 250 units
B. Minimum Single Family House Square Footage
The minimum gross house square footage for no less than ninety (90) pc,IGc,nt of 400
residential units shall consist of not less than 1,300 square feet living area and no more than five
(5) pCIGCnt of the 50 residential units shall consist of no less thanl,200 square feet or more living
area. Each single family residence will have a minimum of a two (2) car enclosed garage. No
carports shall be allowed.
C. Minimum Yard Size and Setbacks:
Less than 75' Lots
Equal to or greater than 75' Lots
Front - 25'
Same
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-283!005)
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Front - 20' (if approved by Planning Director
for purposes of saving trees
Same
Rear - 20'
Same
Side - 5'
Side -7.5'
Side Corner - 15'
Same
Maximum Height - 35'
Same
Utility Easements - 10' front,S' sides
Same
Wetlands - 25' average
Same
Swimming Pools - Rear - 7.5' to pool deck edge
and enclosures
Same
Side - 5'
Same
D. Roads
There shall be one (1) access road entrance permitted from Old Mission Road to service
the gated subdivision with a minimum right-of-way width of fifty feet (50').
A north bound right-turn lane shall be constructed along Old Mission Road which shall
meet all minimum FDOT and/or V olusia County specifications. A south bound left turn lane
providing a minimum of three hundred eighty two feet (382') of storage shall be required along
Old Mission Road.
An additional access road entrance will be permitted into the development from Massey
Road Park A venue to service as additional access to the gated subdivision from Park A venue
with a minimum right-of-way of sixty (60) feet for any portion of located within the public right-
of-way, including a ten foot (10') public utility easement along the east or west side of the road.
Once permitted, Developer shall improve the additional access road in compliance with the City
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28~005)
of Edgewater Land Development Code along with all other applicable codes and regulations.
An emergency access road is permitted from the northern terminus of Gateway Drive to
Oak Leaf Preserve. However, this access will be gated and only used in emergency situations;
and will be considered private and maintained by the Homeowners Association ("HOA").
All private roadways within the development shall have a minimum right-of-way width
of at least fifty (50') feet.
Due to the subdivision being a gated community, all interior roads shall be maintained by
the HOA with public utilities and cascmCl1ts.
E. Retention Pond(s)
The Retention Pond(s) will meet the requirements of the St. Johns River Water
Management District and the City's Land Development Code. The pond(s) are approximately
:I:twenty-five (25) acres and will be owned and maintained by the HOA. Developer is required
to provide an outfall to a publicly owned or controlled drainage conveyance system, and obtain
an off-site drainage easement if necessary.
F. Signage
All subdivision signage will be located within common areas along the main entrance
road (not within public right-of-way) to the subdivision and must meet all requirements of the
Land Development Code. A written easement dedicated to the HOA must be recorded for the
location of the sign. Developer shall dedicate all sign locations to the HOA. However,
specifically pertaining to the signage on Park A venue, the City shall grant Developer an
easement for signage which shall be designed in the area indicated on the attached Exhibit "C"-
Sketch of Park Avenue Signage Area, attached hereto and incorporated herein by reference.
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28.&005)
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G. Trees
There shall be a minimum of four (4) trees per each single family home building lot.
Said Glass Section J Itrees shall be 2 W' in diameter, measured 6" above the soil line and shall
be of a variety listed in Exhibit "D" - Trees. A tree survey shall be provided prior to
construction plan approval. Each lot shall have a tree survey prior to the issuance of a building
permit. The purpose of the tree survey shall be to determine the number of specimen and
historic trees and to determine the tree mitigation requirements.
Statistical tree survey information may be considered at the discretion of the County
fi'OlcstCI Planning Director. However, such statistical surveys shall be limited to sites contained
an overstory consisting predominantly of trees uniform in age, species and distribution, which do
not contain specimen or historic trees. Statistical surveys must be conducted in compliance with
accepted forestry practices.
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
H. Irrigation
Common areas and the entrance medians will be irrigated by wells or from a surface
water system upon proper permitting and approval. Shallow wells will be the recommended
source of irrigation for individual residential units. All irrigation must comply with all V olusia
County Waterwise Landscaping and Irrigation Standards.
I. Environmental Constraints
A majority of the property contains the Conservation Overlay Future Land Use
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28tt005)
Designation and a portion of the Property contains a Conservation Future Land Use. Any
potential development within these areas must comply and be consistent with the Conservation
Overlay Standards and/or Conservation Standards, as applicable, as sct forth in the. City of
Edgewate.r Complchensi vC Plan and approved by all applicable local. county, state and federal
agencies.
Furthermore, any development of the property shall comply with all recommendations
contained in all Environmental Constraints Summary Report(s) as prepared by Biological
Research Associates dated May 2004 and/or as approved by federal and state agencies.
J. Air Conditioning Units
All lots less than sixty feet (60') in width shall have air conditioning units and pads
located adjacent to the neighboring garage or located behind each house/dwelling unit.
K. Entrance to Subdivision
Due to the limited existing right-of-way in the vicinity of the proposed subdivision, there
shall be two (2) entrances: one connected to Old Mission Road and one connected to Park
Avenue. thc City aglces to allow the subdivision to have onc main enhancc eonnccted to Old
Mission Road upon mCGting all th" requil"ments of the Land Development Code and Cit}
Standard Construction Dctails. An additional cntrance will bc pCiluitted from Massey Road,
contingent upon either 0) the DCveloper's improvement of Massey Road to City Starldards at
said cntrance, or (ii) col1stmetion of tile additional aeccss road flom Park AvClltlC to the
subdi v isioll access entIance.
L. Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation,
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28.:a005)
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and By-Laws for the Homeowners Association will be recorded in the public records of Vol usia
County at the time the final plat for Oak Leaf Preserve is recorded.
M. Easements
Easements for rear yard construction purposes shall be located between every other lot
and shall have a width of ten (10') feet, being five (5) feet on each side of the lot lines for the
benefit of the adjoining lots in the event that access to the rear of the lot is required and the
individual lot owners side yard width is not adequate to accommodate the access. Easements for
public utilities shall be dedicated to the City.
N. Landscaping and irrigation plans must be submitted with final construction plans.
O. Model Homes and/or Temporary Construction/Sales Offices
At no time shall the number of model homes exceed a maximum often (10) single family
dwellings. Temporary construction/sales offices will not exceed a maximum of one per builder
for a total of two (2).
1. Model homes are permitted upon compliance of the following
requirements/conditions:
(a) A building permit shall be approved and issued by the City
Building Department;
(b) Adequate parking shall be provided and de,(,!ne,d acceptable by
City staff;
(c) No permanent utility connections shall be allowed until said
utilities are completed and approved by all applicable regulatory
agenCIes;
(d) A certificate of occupancy shall not be issued until final approval
of said utilities and permanent utility connections are complete;
(e) Adequate fire protection shall be provided; and appIoved by the
City Pile, MaIsl1al.
(f) Adequate access to any model home must be provided prior to the
issuance of a building permit;
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28&005)
(g)
A final plat approval Inust be granted by City Council priOl to the
issuance of a building peunit, and
Model homes may serve as a sales office until the final certificate
of occupancy is issued on the last available lot.
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(h)
2. Temporary Construction/Sales Offices are permitted upon compliance of
the following requirements/conditions:
(a) Building permits are approved and issued by the City Building
Department;
(b) Temporary offices shall be removed within thirty (30) days after
completion of the first model home per builder; and
(c) Access to the temporary office, location and parking must be
approved by City staff prior to the issuance of a building permit.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Land Use designation for Oak Leaf Preserve is Medium Low Density Residential
[should this be Lo ~ Density Residential-or this eoncet?] with Conservation Overlay and
Conservation. The zoning designation for Oak Leaf Preserve shall be RPUD (Residential
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Planned Unit Development) as defined in the City Land Development Code. The City of
Edgewater's permitted uses for RPUD are applicable to the development of the property and
consistent with the adopted Land Development Code and City's Comprehensive Plan.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable system at the nearest point of connection with
a minimum of twelve inch (12") PVC water main to the nearest entrance of the subdivision. In
the event the City requires the installation of oversized lines or facilities designed to provide
service for other properties, then the City shall pay for the cost of such oversizing by means of a
direct cash payment by the City to the developer or a credit against water capital charges
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28~005)
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otherwise to be paid by the developer. All water main distribution system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the
City and dedicated to the City prior to or at the time of platting or in accordance with the
requirements contained in the Land Development Code as it relates to performance bonds.
B. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. All wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the
City and dedicated to the City prior to or at the time of platting or in accordance with the
requirements contained in the Land Development Code as it relates to performance bonds.
Developer may desire to enter into an infrastructure agreement to facilitate the installation of off-
site wastewater collection/transmission system improvements.
C. The City has determined that reclaimed water is unavailable and will not be
available in the foreseeable future. Therefore, the Developer shall provide irrigation by well and
all irrigation systems shall be approved by all applicable regulatory agencies.
D. Developer agrees to provide, at no cost to the City, all required utility easements
(on and off site) for drainage and utility service consistent with this provision.
E. All utility services will be underground.
F. Off-site improvements (including but not limited to intersection improvements,
turn lanes, acceleration lanes, deceleration lanes, signalization) required by V olusia County (Old
Mission Road and Park Avenue) and the City to enable project approval based on transportation
requirements are the developer's responsibility and shall meet all City, County and/or State
requirements and approvals. As depicted on the plan attached here to as Exhibit "E" and
(Agreement/Zoning - Oak Leafpreserve - Revision 02-28l.fu05)
incorporated herein by reference.
G. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - 2B% 100% of the applicable total impact fees due to the City for water shall be
paid by applicant at the time the DOH permit application for the subdivision
improvements is signed by the City, thereby reserving requisite water capacity. The
balance of the impaGt fee shall be paid as follows.
An additional 20% oftLe total impact f-c,c shall be paid annually 011
the anui vClsary date of the first payment made by Developel fOl a
period of 4 yeMs until paid in full. Provided however, if a DuildGl
applks for a building permit ful eOl1stmetion of a dwelling on a lot
within Oak Leaf Plesel ve, <l plorata pOl tiOll of the total impact fee
(calculated by taking the total amount of the impaGt fce and
di viding it by the total number lots in Oak Leaf PI eserv c) shall be
paid by the Duilder fOl such lot at the time. of the building pelmit
applie.ation. Any pcrymc.llts paid by Duildcrs shall be Gicdited
against the next installment due. flom De.ve1oper.
Sewer - 2B% 100% of the applicable total impact fees due to the City for sewer
shall be paid by applicant at the time the FDEP permit application for the
subdivision improvements is signed by the City, thereby reserving requisite sewer
capacity. TIle. balance. of the impact fee shall be paid as follows.
An additional 20% of the. total impact fce. shall be paid annually on
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-2lM005)
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the anni verScH", date of the first payment made by Developer for a
period of 4 years until paid in full. PIOvidcd however, if a Duilder
applies for a building permit for eOllstltlction of a d welling on a lot
within Oak Leaf Prescr ve, a prorata par tion of the total impact fee
(caIc.ulate.d by taking the total amount of the impact fec and
di v idir1g it by the. total number lots in Oak Lcaf Pr escIv e) shall be
paid by the Builder for SUdl lot at the time of the building permit
application. AllY payments paid by Builders shall be ercditcd
against the next installment due from Developer.
Police, Fire, Parks and Recreation - Paid to City by applicant at the time of
Building Permit application.
City Road Impact Fee - Paid to City by applicant at the time of Building Permit
Application.
V olusia County Impact fees for Roads and Schools - Paid at City Hall by applicant to
include, but not be limited to, local road impact fee, County road and school impact fee, prior to
a Building Certificate of Occupancy.
The amount of all required impact fees shall be at the prevailing rate authorized at the
time of payment of impact fees.
H. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
1. A concurrency review shall be conducted to ensure that all required public
facilities are available concurrent with the impacts of the development.
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-2812(05)
1. Developer agrees to reimburse the City of Edgewater for direct costs associated
with the legal review, engineering review and construction inspection related to the Oak Leaf
Preserve development approval and the construction of required infrastructure improvements
and the review and approval of the final plat.
K. The developer shall provide all public facilities to support this project including
the following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system.
4. Provide all required pavement marking and signage (stop signs, road
signs, etc.) within the Subdivision. All signage shall comply with Florida
Department Of Transportation (FDOT) standards.
Developer is responsible for the costs of recording the plat upon approval
5.
by the City of Edgewater.
6. Bonds - A Performance Bond, Tri-Party Agreement or Letter of Credit,
shall be 110% of the costs of all requirement remaining improvements at
the time of the recording of the Final Plat. A Maintenance Bond equal to
10% of the cost of the water and sewer improvements shall be provided to
the City at the time issuance of a Certificate of Completion. The
Maintenance Bond shall be in effect for a two (2) year period or as
currently required in the Land Development Code.
7. Sidewalks shall be constructed on both sides of the streets/roadways and
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28U005)
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have a minimum width of five feet (5') and shall be constructed prior to
issuance of a Certificate of Occupancy on each building lot. Developer
shall provide a bond or surety in a form acceptable to the City in the
amount of $10.00 per lineal foot for two (2) years. Or, upon review and
approval and at the City's sole discretion, City may allow the developer to
extend the sidewalk bond for an additional two (2) year term. If sidewalks
are not completed within four (4) years, the developer will install the
remaining sidewalks.
8. Streetlights shall be maintained by the HOA and Developer agrees to
request, installation of the street lights from Florida Power & Light within
thirty (30) days of plan approval and will forward proof of same to the
City.
Recreational Facilities and Open Space
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The developer agrees to provide three (3) passive neighborhood parks pursuant to the
Master Plan (Exhibit "B"). There shall be a minimum of thirty-five percent (3B 35%) open
space for the project. Location of the parks with dimensions will be determined during the
preliminary plat phase.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined
In the Agreement after having determined it is not contrary to the City of Edgewater
Comprehensive Plan and Land Development Code.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
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(Agreement/Zoning - Oak Leaf Preserve - Revision 02-2810005)
The Developer shall convey to the City of Edgewater, by warranty deed or plat
dedications all IOad~ay tight of ways, 001 the ptllp05c',s of public utility easements as required,
free and clear of all liens and encumbrances; and provide a title opinion to evidence compliance
with same. Due to the subdivision being a gated community, all roadways are private and
therefore, will not be deeded to the City. Oak Leaf Preserve has designated :l:fifty-five (55) acres
or thirty-five percent (3B 35%) of the project, as open space, conservation, etc., to be maintained
by the HOA or other approved entity.
Open space is determined as any parcel or area of land or water set aside. reserved or
dedicated for the use and enjoyment of all owners and occupants of the project. Usable common
space shall include area(s) readily accessible and generally acceptable for active or passive
recreational use. Open space shall not include required setback areas or contain structures or
right-of-ways other than those intended for landscape or recreational purposes.
8. PERMITS REQUIRED
The Developer will obtain the required development permits or letters of exemption.
Permits may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, St. Johns River Water
Management District, Army Corps of Engineers, and Florida Fish and Wildlife
Conservation Commission.
2. City of Edgewater - Rezoning, Subdivision Plat approval, Subdivision
Construction Plan approval, all applicable clearing, removal, construction and
building permits.
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-2812005)
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3.
4.
This site may require a V olusia County Environmental Permit.
100 year flood elevation for this site is _ feet. minimum finished floor
elevation shall be twelve inches (12") above the BFE 100 year elevation.
9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or
waived unless such modification , amendment, or waiver is expressly provided for in this
Agreement with specific reference to the ordinance provisions so waived, or as expressly
provided or in this Agreement.
Development standards shall be those of the City as set forth in the Land Development
Code, except as otherwise set forth in this Agreement or as designated on the construction plans
approved by the City.
Developer shall establish a mandatory HOA for the purpose of maintaining the property
and enforcing applicable covenants and restrictions. The mandatory HOA will also be
responsible for the streetlight requirements that result from the project including payment to
Florida Power and Light for installation, maintenance and power consumption and the
maintenance of the stormwater areas, retention areas, all common areas and any designated
easement areas within the Oak Leaf Preserve Subdivision, common area tracts as depicted on the
plat, and private streets within the gated community. The HOA documents, including applicable
articles of incorporation; covenants and restrictions; and by-laws shall be reviewed and approved
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-281.0(05)
by the City prior to final plat approval.
10. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other
requirements determined to be necessary by the City for the public health, safety, or welfare of
its citizens.
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11. APPEAL
If the Developer IS aggrieved by any City official interpreting the terms of this
Agreement, the Developer shall file a written appeal to the City Manager. After receiving the
written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City
Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda.
The action of the City Council is the final authority concerning this Agreement. subiect.
however. to the parties' rights to invoke the remedies provided below. In addition, each party has
the light to appeal any action of Ciry Coundl to a court: of competent jurisdiction.
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless of the ownership of the Property, the
Property shall be developed in compliance with the terms of this Agreement and applicable
regulations of the City not inconsistent with, or contrary to this Agreement.
13. BINDING EFFECT
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The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in
interest and assigns and any person, firm, corporation, or entity who may become the successor
in interest to the land subject to this Agreement or any portion thereof and shall rurl with the land
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-281-2'005)
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and shall be administered in a manner consistent with the laws of the State of Florida.
14.
RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in Volusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good
faith compliance with the terms of this Agreement. If the City finds of on the basis on of
competent substantial evidence that there has been a material failure to comply with the terms of
this Agreement, subiect to Developer's right to cure provided below. the Agreement may be
revoked or modified by the City. Notwithstanding any other provision of this Agreement. if City
at any time concludes Developer is in default of a covenant or obligation of this Agreement. then
the City shall im1llcdiatdy advisc notify Developer in writing of such failurc to comply the
claimed default, which such notice 5hall contain a dctailed dcscription of thc failure, to comply 01
default helcu.nder and altow Developer shall have the right to cure the default within a pcIiod of
thirty (30) days to cure such lack of compliance or default after receipt of City's notice. If-the
default 01 lack of compliane,c is of a nature that cannot bc curcd within such thirty (JO) day
pcIiod, but DCvelOpCl is plOcccding in good faith to accompli5h SUdl curc, the timc pGIiod for
e,ure shall be, GxtGnded by a rcasonable time undel thc circumstances, but 110t leS5 than thirty (JO)
days: Developer shall not be deemed in default hereof. and City shall invoke no remedies. if
Developer cures the claimed default within those thirty (30) days. Further. if the default is of
such a nature that it cannot be cured through the exercise of reasonable diligence within thirty
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-281-&>05)
(30) days. then Developer shall not be deemed in default hereof. and City shall invoke no
remedies. if Developer commences in good faith to cure the default within thirty (30) days after
receipt of City's notice. and thereafter cures the default within ninety (90) days.
If the Developcr should fail to curc the compliance deficiency 01 default within the
prcscribed period, than thc City shall bc entitlcd to exerGisc its available remedies as described in
Paragraph 20 of this Agrcement.
16. APPLICABLE LAW
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This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
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This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment.
19. FURTHER DOCUMENT A TION
The parties agree that at any time following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28l.i:105)
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20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions
of this Agreement by an action for specific performance and shall also be entitled to all other
rcmcdies a \I ailabk <rt la W 01 in equity. Further. Developer shall have the right to challenge City
actions and decisions in accordance with Chapter 163. Florida Statutes and the Florida Rules of
Appellate Procedure.
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a breach by the other party of any
terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable
attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and
appellate levels, including bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and
the words contained therein shall in no way be held to explain, amplify or aid in the
interpretation, construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-282ftl05)
reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not affect
the validity of the remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-2~j005)
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Witnessed by:
OAK LEAF PRESERVE, INC.
P. Michael Evans, Vice President
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this _day of
2005, by P. MICHAEL EVANS, who has authority to execute this
document on behalf of OAK LEAF PRESERVE, INC., and who 0 is personally known or 0 has
produced as identification and who 0 did 0 did not take an oath.
Notary Public, State of Florida
My Commission Expires:
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-2~2(05)
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Phase I -
Parcel A -
A portion of lands described in O.R. Book 2300, Pages 1740 - 1748 together with lands
described in O. R. Book 3012, Page 0445 and O. R. Book 2510, Page 1873, inclusive in the
Public Records of Volusia County, Florida, said lands being a portion of Lots 11, 12 and 13,
Map of the South Third of Ambrose Hull Grant, according to the plat thereof, as recorded in Plat
Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book
16, Page 165, inclusive in the Public Records of V olusia County, Florida, lying in Section 53,
Township 17 South, Range 34 East and Section 36, Township 17 South, Range 33 East, of said
V olusia County, being more particularly described as follows:
Commence at the Northeast corner of said Lot 12, said point also being the Southeast corner of
Mission Oaks Condominium, according to the plat thereof as recorded in Plat Book 38, Pages
181 - 184, of the said Public Records of V olusia County; thence South 690 07' 59" West along
the North line of said Lot 12 and the South line of said Mission Oaks, a distance of 1,195.01 feet
to the West line of the East 1,195 feet of said Lot 12, said point being the POINT OF
BEGINNING; thence South 210 02' 59" East along the said West line of the East 1,195 feet, a
distance of 1,224.26 feet to a point lying 1,250 feet (by perpendicular measurement) from the
North Right-of-Way line of Massey Road ( a 50 foot wide County Road Right-of-Way lying
North of and adjacent to the Florida East Coast Rail Road Right-of-Way); thence South 670 53'
13" West parallel to said Massey Road, a distance of 545.09 feet to the West line of the East
1,740 feet of said Lots 12 and 13; thence South 21 002' 59" East along said West line of the East
1,740 feet of said Lots 12 and 13, a distance of 250.04 feet to a point lying 1,000 feet (by
perpendicular measurement) from the said North Right-of-Way line of Massey Road; thence
North 670 53' 13" East parallel to said Massey Road, a distance of 817.64 feet to the West line of
the East 922.5 feet of said Lot 13; thence South 21 0 02' 59" East along said West line of the East
922.5 feet of said Lot 13, a distance of 1,000.17 feet to the said North Right-of-Way line of
Massey Road; thence South 6r 53' 13" West along said North Right-of-Way line, a distance of
2,546.83 feet to the Southeast corner (as presently monumented and occupied) oflands described
in O. R. Book 1871, Page 1900, of the said Public Records of Vol usia County; thence North 090
59' 35" West along the East line (as presently monumented and occupied) of said O. R. Book
1871, Page 1900, a distance of 295.75 feet; thence North 180 29' 09" West along the said East
line (as presently monumented and occupied) of said O. R. Book 1871, Page 1900, a distance of
99.60 feet to the Northeast comer of said O. R. Book 1871, Page 1900 and the Southeast comer
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-2~~05)
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oflands described in O. R. Book 3944, Page 4176, of the said Public Records of Vol usia County
(as presently monumented and occupied); thence North 23 0 39' 17" West along the East line of
said O. R. Book 3944, page 417 6 (as presently monumented and occupied), a distance of 411.74
feet to the Northeast corner of said O. R. Book 3944, Page 4176 (as presently monumented and
occupied); thence North 120 37' 56" West along the Southerly extension of the East line (as
presently monumented and occupied) of lands described in O. R. Book 4556, Page 2163, of the
said Public Records of Volusia County, a distance of 622.05 feet to the Northeast corner (as
presently monumented and occupied) of said O. R. Book 4556, Page 2163 said point also being
the Southeast corner (as presently monumented and occupied) of lands described in O. R. Book
2908, Page 0549, of the said Public Records of V olusia County; thence run along the East line
(as presently monumented and occupied) of said O. R. Book 2908, Page 0549 for the following
four calls:
North 100 04' 20" East, a distance of 121.37 feet; thence North 060 01' 02" East, a distance of
147.71 feet; thence North 040 04' 43" East, a distance of 108.48 feet; thence North 090 41' 55"
West, a distance of 14.86 feet to the Northeast comer of said O. R. Book 2908, Page 0549;
thence South 580 09' 00" West along the North line and it's Westerly extension of said O. R.
Book 2908, Page 0549, a distance of 639.41 feet to the proposed East Right-of-Way line of Old
Mission Road (as shown on Volusia County Right-of-Way Map Project #4338); and North 130
23' 09" West along the said proposed East Right-of-Way line, a distance of295.77 feet to a point
on the Westerly extension of the South line oflands described in O. R. Book 3257, Page 0922, of
the said Public Records of Vol usia County; thence North 610 10' 44" East along said Westerly
extension and the South line (as presently monumented and occupied) of said O. R. Book 3257,
Page 0922, a distance of 642.28 feet to the Southeast comer (as presently monumented and
occupied) of said O. R. Book 3257, Page 0922; thence North 13 0 28' 46" West along the East
line (as presently monumented and occupied) of said O. R. Book 3257, Page 0922, a distance of
502.14 feet to a point on the said South line of said Mission Oaks and the North line of said Lot
12; thence North 69007' 59" East along said South and North line, a distance of 1,847.56 feet to
the POINT OF BEGINNING.
Containing 127.099 i: acres, more or less.
Phase I -Parcel B -Is the Road Right-of-Way containing 4.078 i: acres more or less that is NOT
included in the annexation.
Phase 2 -
Lands described in O. R. Book 2319, Page 1957, of the Public Records of Volusia County,
Florida. Less and Except: Mission Oaks, Phase One and Three B, according to the Declaration
of Condominium, as recorded in O. R. Book 2417, Page 1341, of the said Public Records of
V olusia County. Said lands also being described as Phases Two and Three A, Mission Oaks,
according to the Condominium Book 33, Pages 131 - 134, of the said Public Records of Vol usia
County, Florida, being more particularly described as follows:
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-282z1005)
Beginning at the Southeast comer of said Mission Oaks, said point also being the Northeast 0
comer of Lot 12, Map of the South Third of Ambrose Hull Grant, according to the Plat thereof,
as recorded in Plat Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page
54, and in Plat Book 16, Page 165, inclusive of the said Public Records of V olusia County, said
point being the POINT OF BEGINNING; thence South 690 07' 59" West along the North line of
said Lot 12, a distance of 2,053.60 feet; thence run along the East line of Phase One of said
Mission Oaks for the following five calls:
North 200 52' 01" West, a distance of 420.00 feet; thence North 690 07' 59" East, a distance of
220.00 feet; thence North 200 52' 01" West, a distance of 330.00 feet; thence South 690 07' 59"
West, a distance of220.00 feet; thence North 200 52' 01" West, a distance of270.73 feet; thence
North 690 II' 24" East along the North line of said Mission Oaks, a distance of 2,050.60 feet to
the East line of said Mission Oaks; thence South 21 0 02' 09" East along the East line of said
Mission Oaks, a distance of 1,018.70 feet to the POINT OF BEGINNING.
Containing 46.372.:t acres more or less.
For a total annexation of 173.471 .:t acres more or less.
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(Agreement/Zoning - Oak Leaf Preserve - Revision 02-28l2(05)
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EXHIBIT "B"
MASTER PLAN
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-2~OO05)
EXHIBIT HC"
SKETCH OF P ARK AVENUE SIGNAGE AREA
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(Agreement/Zoning - Oak Leaf Preserve - Revision 02-2822'005)
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EXHIBIT "D"
TREES
I COMMON NAME II BOT ANICAL NAME I
Elm Ulmus spp.
Hickory Carya spp.
Loblolly Bay Gordonia lasianthus
Magnolia Magnolia grandiflora
Red Maple Acer rubrum
Other Oak Species Quercus spp.
Red Bay Persea borbonia
Red Cedar Juniperus silicicola
Swamp Bay Persea palustris
Sweet Bay Magnolia virginiana
Sweet Gum Liquidambar styraciflua
Sycamore Platanus occidentalis
Turkey Oak Quercus laevis
(Agreement/Zoning - Oak Leaf Preserve - Revision 02-2~So05)
EXHIBIT "E"
PLAN INDICATING ROADWAYS
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(Agreement/Zoning - Oak Leaf Preserve - Revision 02-2~2t05)
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AGENDA REQUEST
Date: February 22. 2005
O PUBLIC
HEARING
x
RESOLUTION
BOARD
APPOINTMENT
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-35
(." .'[.
ORDINANCE March 7. 2005
OTHER
BUSINESS
Miranda F. Fitzgerald of Lowndes, Drosdick, Doste, Kantor & Reed,
P.A. requesting an amendment to the Official Future Land Use Map to
include approximately 68.79 acres ofIand located west of US Highway I
and northwest of 4115 S. US Highway I as Public/Semi-Public with
Conservation Overlay.
OWNER(S): Oak Hill Land LLC, Edgewater Properties LLC, Southeast Volusia Hospital District, Dixie Highway LLC
REQUESTED ACTION: Comprehensive Plan Future Land Use Map amendment to include property as Public/Semi-Public with
Conservation Overlay.
PROPOSED USE: Medical Complex
LOCATION: West of US Highway I, northwest of4115 S. US Highway I
AREA: 68.79 acre
CURRENT LAND USE: Vacant
OLUM DESIGNATION: V olusia County - Industrial and Urban Low Intensity
ZONING DISTRICT: V olusia County - A-3 (Transitional Agriculture), 1-4 (Industrial Park), and I-I (Light Industrial).
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use
North Vacant
FLUM Desi nation
Volusia County Urban Low
Intensity and City Low Density
Residential, Commercial,
Conservation Overlay, .
Conservation
Volusia County Urban Medium
Density
East
Vacant
South
Volusia County Urban Low
Intensi
Volusia County Industrial
West
Zonin District
Volusia County R-3 (Urban
Single Family Residential) and
City RPUD (Residential
Planned Unit Development)
Background
These parcels are located just south of the Edgewater Lakes subdivision, which is currently under construction. The applicant is
proposing to combine the parcels in order to develop a not-for-profit medical center.
Ut the October 13,2004 Planning and Zoning Board meeting, the Board voted to send a favorable recommendation to City
Council.
CP A-0408-Fitzgerald
.
City Council approved Ordinance No. 2004-0-35 at first reading on October 18,2004. This request was then transmitted to the
Florida Department of Community Affairs (DCA) and reviewed by all appropriate agencies.
~
Land Use Compatibility
The Comprehensive Plan Future Land Use Map amendment of this property and the proposed use is compatible with surrounding
current and proposed uses.
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Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The City of
Edgewater has verified that potable water is available along U.S. 1 and that sufficient water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant and is
conveyed via a force main. County staff has indicated that there is adequate wastewater treatment and disposal capacity for this
project.
A traffic study shall be reviewed for concurrency with current level-of-service roadway standards. Any indication of a
deficiency in roadway capacity due to the proposed project must be addressed and corrected prior to construction.
Natural Environment
Soil types located on these parcels include: Daytona Sand, 0-5% slope; Immokalee Sand; Pompano-Placid Complex; and
Riviera Fine Sand. Vegetation types include: Open water; Shrub/Disturbed wetlands; Wet prairie; Scrub Oak; Temperate
Hammocks; Live Oak Hammock; Disturbed lands; and Generalized Urban
An environmental impact study must be completed and approved by staff prior to development.
Consistency with Comprehensive Plan
The proposed Future Land Use Map amendment to include this property, as Public/Semi-Public is consistent with the Future Land
Use element, which indicates a future need of an additional 151 acres of land designated as Public/Semi-Public by the year 2010.
Other Matters 0
DCA's ORC (Objections, Recommendation & Comments) Report was received by staff in January 2005; there were no
objections, recommendations or comments concerning the proposed amendment.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2004-0-35 amending the Official Future Land Use Map to include 68.79:l:: acres of
land located west of US Highway 1 and northwest of 4115 S. US Highway 1 as Public/Semi-Public with Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2004-0-35 amending the Official Future Land Use Map to include 68.79:l:: acres of land
located west of US Highway 1 and northwest of 4115 S. US Highway 1 as Public/Semi-Public with Conservation Overlay.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
10-18-04
AGENDA ITEM NO.
6E
G.r...h-vr-oy ~'
Robin Matusick ~
Paralegal
~,",^"".&Q\~'\. -
Kenneth R. Hooper \ \ n
City Manager \J
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CP A-0408-Fitzgerald
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ORDINANCE NO. 2004-0-35
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 TO ''INCLUDE
CERTAIN PROPERTY LOCATED WEST OFU. S. HIGHWAY
NO.1 AND NORTHWEST OF 4115 SOUTH U; S. HIGHWAY
NO.1, EDGEW ATER, FLORIDA AS PUBLIC/SEMI-PUBLIC
WITH CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION 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 FOR AN EFFECTIVE
DATE.
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
wHEREAS, aPublic Hearing on the question of d~signatinga future l~md ~~~ classificatio~ '
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 9J-11, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
#2004-0-35
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held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2003),
on Wednesday, October 13, 2004, on the proposed Plan Amendment and following that Public
Hearing voted and reconimended th~t the city Co~ncii approve the aforesaid Amendment to the
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City's 2003 Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT.
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
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Use Map to include property as Public/Semi-Public with Conservation Overlay for property
described in Exhibits "A" and "B".
PART B.
P"U,BLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2003). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment.
The first publication shall appear at least SEVEN (7) days before the first Public Hearing
(Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2003). The second publication shall appear
at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2.,
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Fla. Stat. (2003). The required advertisement shall be no less than two columns wide by TEN inches
<.) (10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall
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be no smaller than EIGHTEEN (18) 'point. . The advertisement shall ~ot b~:placed in ~ portion of th~"
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2003). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
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ORDINANCE NO. 2004-0-35
u
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
()FFICIAL. . FUTURE. .LAN]) QSE MAP .rO INCLUDE
CERTAIN PROPERTY LOCATED WEST OF U. S. HIGHWAY
NO.1 AND NORTHWEST OF 4115 SOUTH U. S. HIGHWAY
NO.1, EDGEW A TER, FLORIDA AS PUBLIC/SEMI-PUBLIC
WITH CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOL USIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEP ARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY THAT HAS REQUESTED A
COPY OF THE PLAN AMENDMENT; PROVIDING FOR
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CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
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A public hearing (transmittal st~ge) on the ordinance changing the Future Land Use Map 'will
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be held on October 18,2004' at 7:00 p.m. at the Community Center, 102 N. Riverside Drive,
Edgewater, Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit HB")
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15)(c) & 166.041 (3) (c) 2.b., Fla. Stat. (2003).
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 2003
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
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proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a
weekdaY,at least 7 days after the day that the fi!st advertisement is pu])lished. . The .~econ9 pllbIiy
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2003). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITT AL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
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SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
U Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance wIth Rule 9J -11.006, F.A. C. the City Manager or his designee shall also,
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immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the V olusia Growth Management Commission, V olusia County, Regional Planning Council, the
S1. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2003) and Rule 9J-I1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
o TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
Transportation,'and Departm~nt ot Envi~onme~tat"Protecti~'ri. 163.3184 (7), Fla. Stat. (2003) &
Rule 9J-l1.011 (3), F.A.C.
PART E.
CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PARTF.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department
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of Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehe'~sive Plan Amendment 'h~ been brought into co~pliallce.
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PART G.
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.
PART H. ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on October 18,2004 is as follows:
AYE NAY 0
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown X
Councilman Dennis A. Vincenzi ABSENT
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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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 A. 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
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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_.
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EXHIBIT "A"
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LEGAL DESCRIPTION
The following described real property all lying. and being. in the County of V olusia and State of
Florida.
The following described real property all lying and being in the County of V olusia and State of
Florida.
ITEM #1
Parcell described as the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13,
Township 18 South, Range 34 East, Volusia County, Florida.
Containing 10 acres more or less.
ITEM #2
A portion ofU. S. Lot 4, Section 13, Township 18 South, Range 34 East and described as follows:
Beginning at the intersection of the South line of said U. S. Lot 4 and the Westerly RJW line of U.
S. Highway No.1, a 158 foot RJW as now laid out; thence S 87037'43" W along the Southerly line
of said U. S. Lot 4, a distance of 1,215.45 feet to the Southwest comer of said U. S. Lot 4; thence
N 0049'29" W along the West line of said U. S. Lot 4, a distance of660 feet; thence N 87037'22" E,
a distance of950.08 feet to the said Westerly RIW line ofU. S. Highway No.1; thence S 22056'00"
E along said Westerly RJW, a distance of704.76 feet to the Point of Beginning.
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ITEM #3
Parcel 6 described as a portion ofU. S. Lot 4, Section 13, Township 18 South, Range 34 East, and
described as follows:
Commence at the intersection of the South line ofU. S. Lot 4 and the Westerly Right-of-Way line
ofU. S. Highway No.1, a 158 foot Right-of-Way as now laid out; thence North 22056'00" West
along said Westerly Right-of-Way a distance of704. 76 feet to the Point of Beginning; thence South
87037'22" West, a distance of950.08 feet to the West line of said U. S. Lot 4; thence North 0049'29"
West along said Westerly line of U. S. Lot 4, a distance of 660 feet to the Northwest corner of said
U. S. Lot 4; thence North 87036'44" East along the Northerly line of U. S. Lot 4, a distance of
684.72 feet to the Westerly Right-of-Way line ofU. S. Highway No. 1; thence South 22056'00" East,
along said Westerly Right-of-Way, a distance of704.75 feet to the Point of Beginning.
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ITEM #4
A portion ofU. S. Lot 4~ Section 13,. Township 18. So.uth, Range)4 East.and d~scribed as follows:.
. Commence at the intersection of the South line of U. S. Lot 4 and the Westetly Right-of- Way line
of U.S. Highway No.1, a 158 foot Right-of-Way as'now laid out; thence North 22056'00" West
along said Westerly Right -of- W ay a distance of704. 76 feet for the Point of Beginning; thence South
87037'22" West, a distance of 300.00 feet; thence North 22056'00" West and parallel to the said
Westerly Right-of-Way line a distance of352.37 feet; thence North 87037'22" East, a distance of
300.00 feet to the said Westerly Right-of-Way line; thence South 22056'00" East, along said
Westerly Right-of-Way line, a distance of352.37 feet to the Point of Beginning.
ITEM #5
The Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13, Township 18 South, Range
34 East, V olusia County, Florida.
And
The Southwest 1/4 ofthe Southeast 1/4 of the Southwest 1/4, Section 13, Township 18 South, Range
34 East, Volusia County, Florida.
And
The Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13, Township 18 South, Range
34 East, V olusia County, Florida.
Containing 68.79 ::!: acres more or less.
Map of subject properties are reflected on Exhibit "B" and incorporated herein.
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PUBLIC
HEARING
G:..r.
AGENDA REQUEST
Date: Februarv 22, 2005
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RESOLUTION
ORDINANCE March 7, 2005
BOARD
APPOINTMENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2004-0-36
OWNER(S): Roger F. Page
CONSENT
OTHER
BUSINESS
The City of Edgewater requesting an amendment to the
Official Future Land Use Map to include certain property
located south of State Road 442, west of Old Mission
Road as Conservation.
PROPOSED USE: There is currently no proposed use for this parcel.
LOCATION: This property is located south ofS.R. 442, west of Old Mission Road (PID# 8438-03-00-0071;
8438-03-00-0060; 8438-01-00-0390; 8438-03-00-0070 and 8438-01-00-0380)
AREA: 159.89:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Low Impact Urban, Urban Low Intensity, and Environmental
Systems Corridor
ZONING DISTRICT: Volusia County RC (Resource Corridor)
SURROUNDING AREA:
Current Land Use
Vacant, Waste Land, Single
North Family Residential
Vacant, Single Family
East Residential
Single Family Residential,
South Vacant, Mobile Home
Vacant
West
CPA-0405 - Page
FLUM Desi nation
Low Impact Urban, Environmental
Systems Corridor (V olusia County)
Zonin District
A3- Transitional
Agriculture, RC-Resource
Corridor Volusia County
A3-Transitional
Agriculture, RC-Resource
Corridor Volusia Coun
A2- Rural Agriculture, RC
- Resource Corridor
(Volusia Coun
A3- Rural Agriculture, RC
- Resource Corridor
V olusia Coun
Environmental Systems Corridor
(Volusia County) and City Low
Densi Transition
Rural, Environmental Systems
Corridor, Urban Low Impact
(V olusia County
Low Impact Urban (Volusia
County)
Background: This parcel was previously part of the 2001 Comprehensive Plan Large Scale amendments.
The Florida Department of Community Affairs (DCA) had objections to the amendment proposed for this 0
property at that time. The majority of this property is environmentally constrained and undevelopable. The City
and DCA subsequently entered into a Stipulated Settlement Agreement regarding this site. The agreement
mandated the City to submit a more appropriate amendment for these parcels within one (1) year from the date
of the agreement.
These parcels are currently vacant and have no foreseeable potential for development. The property owner
has been notified of the proposed Future Land Use amendment.
City Council approved Ordinance No. 2004-0-36 at first reading on October 18,2005. This request was
then transmitted to the Florida Department of Community Affairs (DCA) and reviewed by all appropriate
agencies.
Land Use Compatibility: The property is surrounded by environmentally sensitive land and has frontage
along, S.R. 442.
Adequate Public Facilities: There are no potable water or sanitary sewer facilities presently available for
this property. The site is accessible by S.R. 442.
Natural Environment: The site is entirely undeveloped and forested. There is hydric hammock on poorly
drained soils associated with a major flowway (Turnbull Creek) within the northern end of Turnbull Hammock.
The Turnbull Hammock has long been mapped by the St. Johns River Water Management District and
Volusia County as potential acquisition and conservation areas.
Consistency with Comprehensive Plan: This Future Land Use amendment is consistent with Goal 1 of 0
the Conservation Element in the City of Edgewater Comprehensive Plan, which states, "To conserve,
protect, enhance, and responsibly manage the environmental resources of the City, in order to maintain or
improve their ecological, economic, aesthetic, and recreational values."
Volusia County - Low Impact Urban (LIU) - Lands within the NRMA which are determined
to be suitable for urban type development, and are adjacent to existing urban development.
Any land use considered to be urban may be permitted within this category, but shall comply
with standards consistent with the provision of the NRMA. The standard shall include, at
minimum:
1) A requirement to be serviced by central utilities as required by the Potable Water and Sanitary Sewer
Sub-elements;
2) Designation of at least 50% of required open space as provided for in land development regulations to
be preservation of upland habitat and sited in an ecologically strategic manner (e.g., adjacent to
wetlands); and .
3) Clustering of both residential lots into less than 1 acre in size and non-residential buildings.
The gross residential density after the effective date of the Comprehensive Plan shall not exceed 1
dwelling unit per acre, however, net density may be greater than 1 dwelling unit per acre.
Non-residential development shall be designed to protect the environmental resources included inside
the NRMA. In addition to the minimum standards above, non-residential development proposals shall
be reviewed using the following criteria:
1. Reduced lot coverage for buildings or impervious surfaces if needed to protect any 0
environmental resources.
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2. Increased landscaped buffers that would be added to the protection of any environmental
resources on site (i.e., 10% of required buffer);
3. Reduced parking areas (if documented through the development review analysis);
4. Limitations on the type of industrial uses to insure neighborhood compatibility, and
5. Commercial would primarily be office, neighborhood convenience or an ancillary use. More
intensive commercial uses may be appropriate if not adjacent to existing residential uses.
All requests for more intensive commercial uses (retail) on parcels greater than 8 acres shall be submitted
as a Planned Unit Development (PUD). The PUD shall be submitted to the VGMC for review to determine
if a Comprehensive Plan amendment is required or the project can proceed through the County's Zoning
review process.
If a development or subdivision located inside a Low Impact Urban designation has been determined to be
vested, then that development or subdivision shall be considered consistent with the Comprehensive Plan.
This subcategory will be defined as an urban classification and all development which occurs in this
classification shall meet all appropriate urban policies.
Volusia County - Urban Low Intensity (ULI) - Areas for low density residential dwelling units with a
range of .2 to 4 dwelling units per acre. In reviewing rezoning requests, the specific density will depend on
locational factors, particularly compatibility with adjacent uses and availability of public facilities.
Provided however, lot sizes larger than one acre may be allowed ifthere are similar lot sizes existing in the
vicinity. This residential category is generally characterized by single family type housing, e.g., single
family detached and attached, cluster and zero lot line. This category will allow existing agricultural
zoning and uses to continue.
This category may also allow neighborhood convenience uses (See Shopping Center definition in Chapter 20)
and individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria. The
commercial intensity should be limited in a manner to be compatible with the allowable residential density,
with more allowable intensity at intersections of heavily used roadways. In order to be considered compatible,
the commercial development should reflect comparable traffic generation, similar traffic patterns, building
scale, landscaping and open space, and buffers. Due to the nature of some of the commercial uses, additional
landscaping and visual screening shall be provided through the BPUD process when adjacent to low density
residential in order to preserve the character of the neighborhood. High intensive commercial use should be
reserved to areas designated for Commercial.
All requests for non-residential uses within 1/4 mile of another jurisdiction shall require notification to that
jurisdiction.
V olusia County - Environmental Svstem Corridor (ESC) - These consist of important ecological corridors
consisting of environmentally sensitive and ecologically significant lands. Land use activities occurring within
these corridors shall not degrade these natural functions and connections. The intention is to provide protected,
natural pathways which connect to other protected areas such as parks, conservation lands and water bodies.
This inter-connection helps maintain the ecological integrity and ecodiversity of the County's vast natural
resources.
ESC's shall include significant interconnected natural systems of environmentally sensitive lands, connecting to
and including conservation areas where possible. The ESC's are not intended to include pre-existing improved,
cultivated, or developed lands unless such lands contain unique or exceptional ecological value. Conservation
and silviculture, utilizing Best Management Practices (BMP's), will be the preferred use, however, other
compatible passive agricultural activities may also be permitted such as, unimproved pasture. The primary
consideration of compatible agriculture should be potential adverse impacts to the short and long term
CPA-0405 - Page
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ecological stability of the system, as well as adjacent lands and waterways. The residential density after the 0
effective date of the Comprehensive Plan shall not exceed I dwelling unit per 25 acres.
The Environmental System Corridor configuration displayed on the Future land Use Map is intended to
show a generalized location for the corridor. The actual boundaries will be established after the corridor
has been reviewed to determine the boundary in relation to a proposed development based upon site-
specific information and features. Any adjustments will be included in the next amendment cycle.
City of Edgewater -Conservation - The Conservation designation includes public lands that have been
acquired and private land areas that have been reserved by mutual agreement with the property owner for
the preservation and protection of Edgewater' s natural resources.
Other Matters: DCA's ORC (Objections, Recommendations, & Comments) Report was received by staff in
January 2005 and there were no adverse responses concerning the proposed amendment.
ST AFF RECOMMENDATION
Staff recommends approving the Comprehensive Plan Future Land Use Map amendment to include
159.89:1: acres of property located south of S.R. 442, west of Old Mission Road as Conservation.
ACTION REQUESTED
Motion to approve the Comprehensive Plan Future Land Use Map amendment to include 159.89:1: acres of
property located south ofS.R. 442, west of Old Mission Road as Conservation.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
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YES X
NO
DATE:
10-18-04
AGENDA ITEM NO. 6F
Respectfully Submitted By:
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Robin Matusick
Paralegal
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Kenneth R. Hooper \ \
City Manager
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ORDINANCE NO. 2004-0-36
AN ORDINANCE OF THE CITY OF EDGEW ATER
AM;ENDI~G THE C9~PREHENSIV.E PLAN pRDINANCE .
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL. FUTURE LAND USE . MAP TO. INCLUDE
. CERTAIN PROPERTY LOCATED SOUTH OF ST ATE ROAD
#442 AND WEST OF OLD MISSION ROAD, EDGEW A TER,
FLORIDA, AS CONSERV ATIONj PROVIDING FOR
PUBLICATIONj PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORT A TION 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 FOR AN EFFECTIVE
DATE.
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
.WHEREAS, aPublic Heari.ng on the question of ciesignating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, pursuant to the Stipulated Settlement Agreement entered between the
Department of Community Affairs and the City of Edgewater (DOAH Case No. 02-0862GM), the
City hereby submits this Comprehensive Plan Amendment relating to Ordinance #2001-0-21 and
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Ordinance #2001-0-23, respectively; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
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arid Rule 9J-11, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2003),
on Wednesday, April 14, 2004, on the proposed Plan Amendment and following that Public Hearing
voted and recommended that the City Council approve the aforesaid Amendment to the City's 2003
Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT.
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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 regul,ati~g and r.estricting tlle use of lands located Within the City of Edgewater, Florida" be,
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and the same is hereby amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Conservation for property described in Exhibits "A" and "B".
PARTB.
PUBLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2003). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment.
#2004-0-36
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The first publication shall appear at least SEVEN (7) days before the first Public Hearing
Q (Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2003). The second publication shall appear
. .
. at least FIVE (5) day~ before the second Public H~aring (Adoption Hearing). 163.318.4 (15) (b) 2.,
Fla. Stat. (2003). The required advertisement shall be no less than tWo columns wide by TEN inches'
(10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall
be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2003). The advertisement shall
Q substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2004-0-36
Q
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY LOCATED SOUTH OF STATE ROAD
#442 AND WEST OF OLD MISSION ROAD, EDGEW A TER,
FLORIDA AS CONSERVATION; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOL USIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
#2004-0-36
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,
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENT A.L AGENCY THAT liAS REQU;ESTED. A
COpy OF THE PLAN AMENDMENT; PROVIDING. FOR
. . CONFLICTING. . PROVISIONS, SEVERABILITY. AND..
APPLICABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
o
A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will
be held on October 18, 2004 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive,
Edgewater, Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit HB '')
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2003).
PART C.
PUBLIC HEARINGS.
o
That as a condition precedent to the adoption of this ordinance amending the City's 2003
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment a~ follo~s: The first p~bli~ hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2003). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
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PART D.
TRANSMITTAL OF AMENDMENTS TO PLAN.
.u
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Co~munity Affairs,
. .
Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance with Rule 9J-ll.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2003) and Rule 9J-I1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
o shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
. . .".
.Vohisia Growth MallagementCommissio~, Voiushi Co~nty,R~gional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2003) &
Rule 91-11.011 (3), F.A.C.
PART E.
CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
Q
#2004-0-36
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PARTF.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department 0
. .
.. of Commuriity Affairs entering ~ finai o~der finding this Comprehensive Plan Aniendm~nt .in
. compliance, or the Administration Commission entering a final order finding that this.
Comprehensive Plan Amendment has been brought into compliance.
PART G.
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.
PARTH. ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the 0
first reading of this ordinance held on October 18, 2004 is as follows:
AYE NAY
. Mayor Donalc(A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
ABSENT
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
o
#2004-0-36
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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 A. 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
#2004-0-36
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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_.
7
EXHIBIT" A"
LEGAL DESCRIPTION
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The following' des~ribed re~i property 'aii "lying and being in' the Co~nty of V olusia and' State of
Florida. "
A portion of Lots 6 through 14 inclusive, and the Westerly 112.45 feet of Leit 15; Model Land
Company Subdivision, according to plat thereof recorded in Map Book 5, page 187, of the Public
Records of V olusia County, Florida, all lying Southerly of State Road No. 442, and being more
particularly described as follows:
Beginning at the Southwest corner of said Lot 6, thence N 21007'05" W along the Westerly line of
said Lot 6, a distance of 1,195.72 feet to the Southerly Right-of-Way of State Road No. 442, a 120
foot Right-of-Way as now laid out; thence N 68025'45" E along the Southerly Right-of-Way, a
distance of 564.56 feet to the PC of a Curve; thence Northeasterly along said Curve, said Curve
being concave Northwesterly and having a central angle of 08001'55", a radius of2,924.79 feet, an
arc length of 410.01 feet to the Intersection of the Northerly line of said Lot 8; thence N 69038'30"
E along said Northerly line of said Lots 8 through 15, inclusive, a distance of 2,289.39 feet to the
Easterly line of the Westerly 112.45 feet of said Lot 15; thence S 21007'05" E along the Easterly line
of the said Westerly 112.45 feet of Lot 15, a distance of 1,245.00 feet to the Southerly line of said
Lot 15; thence S 69038'30" W along the Southerly line of said Model Land Company a distance of
3,262.45 feet to the Point of Beginning.
And
o
A portion of Lots 38, 39, 46, 47, 48,56,57,65,66,72,73,80 and 87, all lying Southerly of Sate
Road No. 442, Assessor's Subdivision, of the Samuel Betts Grant, according to Plat thereof recorded
in Map Book 3, Page 153, of the Public Records of Volusia County, Florida, and being more
particularly described as follows:
Beginning at the Southwest corner of said Lot 48; thence S 69038'30" W along the Southerly line
of the Samuel Betts Grant, a distance of3,964.17 feet; thence N 21007'06" W, a distance of 1.191
feet to the said Southerly line of State Road No. 442; thence Northeasterly along said Southerly
Right-of-Way and along the Curve, said Curve being concave Northwesterly and having a central
angle of 08007'40", a radius of2,914.79 feet, an arc length of 413.48 feet to the Pt of said curve;
thence N 49056'45" E, along the tangent of the previously described curve and along the said
Southerly Right-of- Way, a distance of3,322.23 feet to the PC of a curve; thence Northeasterly along
the Curve, said Curve being concave Southeasterly and having a central angle of 1,319.00 feet, a
radius of 2,814.79 feet, and arc length of 654.21 feet to a point of Right-of- Way change; thence S
26044'15" E, along said Right-of-Way, a distance of 10.00 feet; thence continuing along said
Southerly Right-of-Way and along the Curve, said Curve being concave Southeasterly and having
a central angle of 05036'00" a radius of 2,804.79 feet, an arc length of 274.13 feet to the Pt of said
#2004-0-36
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Curve; thence N 68051'45" E along the tangent of the previously described curve a distance of14.72
feet; thence leaving said Southerly Right-of-Way S 21006'40" E, a distance of 194.44 feet; thence
S 06017'40" W, a distance of 136.94 feet; thence S 00042'05" E, a distance of 125.00 feet; thence
SOl029'57" E, a distance of 124.91 feet; thence S 07020'18" E, a distance of 125.00 feet; thence N,
6903 8'30i, 'E, a distance of 370.00' feet to the VI e'sterly line 0'[ Air Park 'R~ad; thence S07"20'18 i, E, .
along said Westerly line, a distance of119.93 feet, to the Southerly line of said Lot 39; thence S'
69038'30" W, along said Southerly line, a distance of 668.1 0 feet; to the Southwest comer of said"
Lot 39; thence S 21006'40" E, along the'Easterly line' of said Lot 48, a distance of 597.00 feet, to the
Point of Beginning.
Containing 195.89 :t acres more or less.
Map of subject properties are reflected on Exhibit "B" and incorporated herein.
#2004-0-36
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AGENDA REQUEST
Date: February 22, 2005
PUBLIC
HEARING
ORDINANCE March 7, 2005
RESOLUTION
x
BOARD
APPOINTMENT.
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd 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: 2.33:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Commercial and Urban Low Intensity
ZONING DISTRICT: Volusia County B-9 (General Office) and R-3W (Urban Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desi!!:nation Zonin!!: District
North St. Gerard's Church Public/Semi-Public with P/SP (Public/Semi-Public)
Conservation Overlav
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 V olusia County - B-4 (General
Commercial)
Background
This parcel is currently vacant and under ownership by the Diocese of Orlando. The property to the north is under the
same ownership and contains St. Gerard's Catholic Church. There is no proposed development of this parcel at this time.
At their regular meeting of January 12,2005, 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.
CP A-0421 - Barnett-diocese
"
'",
City Council approved Ordinance No. 2004-0-03 at first reading on February 7, 2005.
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 Comprehensive
Plan Future Land Use Map amendment 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 longleaf pine and xeric oak.
Comprehensive Plan Consistency
The commercial land use category consists of a variety of retail and office uses; such as, medical facilities, shopping
centers, restaurants, automobile service facilities and similar uses. Typical neighborhood and highway service areas are
allowed a maximum floor area ratio (FAR) of 0.30. Tourist commercial areas can build up to a maximum 0.50 FAR.
The majority of commercial development within the City of 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.
o
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-03; amending the Comprehensive Plan Future Land Use Map to
include approximately 2.33 acres ofland located south of317 J S. Ridgewood A venue as Commercial with Conservation
Overlay.
ACTION REQUESTED
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 3171 S. Ridgewood A venue as Commercial with Conservation
Overlay.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
2-7-05
AGENDA ITEM NO.
6C
Respectfully Submitted By:
'~~~~
Robin Matusick
Paralegal
~~& '\<. \\.~~~ \:., ~
Kenneth R. Hooper - ) \ \)
City Manager
o
CPA-0421 - Barnett-diocese
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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:
I. 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 A venue, 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
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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(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:
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
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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.
PARTD.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163 .3187( 1)( c )2; Florida Statutes (2002), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PARTE.
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
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PARTG.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
o
PART H. ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilman Brown, the vote on the
first reading of this ordinance held on February 7, 2005 is as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
. Councilwoman Judy Lichter
x
After Motion by
and Second by
o
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
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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
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CITY COUNCIL OF THE
CITY OF EDGEW ATER, FLORIDA
By:
Donald A. Schmidt
Mayor
5
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
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AGENDA REQUEST
Date: February 22. 2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE March 7. 2005
BOARD
APPOINTMENT.
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd 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 of3171
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 00171 South Ridgewood Avenue (St. Gerard's Church)
AREA: 2.33:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Commercial and Urban Low Intensity
ZONING DISTRICT: Volusia County B-9 (General Office) and R-3W (Urban Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desi!!nation Zonin!! 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 Vo1usia County - R-3W (Urban
and vacant Intensity Single Family Residential)
South Abandoned warehouse, Volusia County - Commercial and Vo1usia County- B-4W (General
vacant and single-family Urban Low Intensity Commercial) and R-3W (Urban
residential Single Family Residential)
West Single-Family Residence V olusia 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 ofthis 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 Official Zoning Map amendment of this property.
City Council approved Ordinance No. 2005-0-04 at fIrst reading on February 7, 2005.
RZ-0420 - Barnett-diocese
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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 zoning map
amendment of this parcel and any future commercial use of the site is compatible with the surrounding uses along US
Highway I.
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Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to U.S. Highway I. The City of
Edgewater has verified that potable water via a I 2-inch water main is available along U.S. Highway I and that sufficient
water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant and is
conveyed via a six-inch (6") force main. County staff has indicated that there is adequate wastewater treatment and
disposal capacity for this project.
Natural Environment
Vegetation of this site contains longleaf pine and xeric oak.
Comprehensive Plan Consistency
The commercial land use category consists of a variety of retail and office uses; such as, medical facilities, shopping
centers, restaurants, automobile service facilities and similar uses. Typical neighborhood and highway service areas are
allowed a maximum floor area ratio (FAR) of 0.30. Tourist commercial areas can build up to a maximum 0.50 FAR.
The majority of commercial development within the City of 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 2 10 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 ofIand located south of3171 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 3 171 S. Ridgewood A venue as B-3 (Highway Commercial).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
2-7-05
AGENDA ITEM NO.
6D
Respectfully Submitted By:
~.. '-
RObin~~
Paralegal
"'~&Q..\~~\.. ~
Kenneth R. Hooper '\ ~
City Manager
o
RZ-0420 - Barnett-diocese
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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-FAMILY
RESIDENTIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED SOUTH OF 3171 SOUTH
RIDGEWOOD AVENUE, EDGEW A TER, FLORIDAj
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEW A TERj PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITYj
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.
Stltlck thlongh passages are deleted.
Underlined passages are added.
2005-0-04
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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
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property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10.
The proposed change in zoning classification will not have an adverse effect on the
o
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 EDGEW A TER,
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):
StItlGk tlllotlgh passages are deleted.
Underlined passages are added.
2005-0-04
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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
Stltlck tIuongh passages are deleted.
Underlined passages are added.
2005-0-04
3
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on February 7,2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
, 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
StltlGk t1uotlgh passages are deleted.
Underlined passages are added.
2005-0-04
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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
StInck t1uongh 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_.
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AGENDA REQUEST
Date: February 2. 2005
PUBLIC
HEARING
x
RESOLUTION ORDINANCE March 7. 2005
BOARD
APPOINTMENT.
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd 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 3301 S. Ridgewood Avenue 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: V olusia 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 Zonin!! District
North Vacant V olusia County - Commercial and Volusia County - B-9 (General
Urban Low Intensity Office) and R-3W (Urban Single
Familv Residential)
East Single-family V olusia County - Urban Low Volusia County - and R-3W (Urban
residential Intensity Single Family Residential)
South Vacant Volusia County - Commercial and V olusia 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.
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 provided a traffic study is
CP A-0420-Barnett
.
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completed.
Future development of this site may require a variance from the US Highway I setback. Any proposed variance would
be in response to the applicant's desire to maintain a minimum 50-foot buffer between the proposed commercial building
and residential uses to the east.
o
Council approved Ordinance No. 2004-0-05 at first reading on February 7, 2005.
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
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 Edgewater is located along US I in a strip pattern. The area
contains restaurants, convenience goods stores and neighborhood centers. Another corridor of commercial development
which has emerged is adjacent to the FEC Railroad within the Florida Shores Subdivision.
In 2000, there were 210 acres of commercially developed lands in the City. These developed lands represent only three
percent of the total acreage in Edgewater and 3.7% percent of all developed lands
o
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.
Any development of this site shall satisfY all findings of the Traffic Impact Analysis, as well as all other City, County, and
State requirements.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-05; amending the Comprehensive Plan Future Land Use Map to
include approximately 1.03 acres of land located at 3301 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 REQUESTED
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 3301 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)
o
PREVIOUS AGENDA ITEM:
YES
x
NO
CP A-0420-Barnett
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DATE:
2-7-05
Respectfully Submitted By:
CP A-0420-Barnett
6F
AGENDA ITEM NO.
~{rf~~D .
Robin Matusick '\....
Paralegal
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Kenneth R. Hooper - \ ,
City Manager
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,
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 CONSERV A TION OVERLAY FOR
PROPERTY LOCATED AT 3301 SOUTH RIDGEWOOD
AVENUE 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.
o
Whereas, the City Council of the City of Edgewater, Florida, has made the following
o
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 Avenue 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
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Underlined passages are added.
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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:
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 ofthe City of Edge water,
Florida regulating and restricting the use of lands 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 descr~bed 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
Stt tlGk tIn otlgh passages are deleted.
Underlined passages are added.
2
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Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which addresses
appropriate buffering between commercial and low density residential.
o
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.
o
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.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2005-0-05
Stt I1ck tin ol1gh passages are deleted.
Underlined passages are added.
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PART H. ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading of this ordinance held on February 7, 2005 is as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
,and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2005-0-05
StI tick tht otlg,l. passages are deleted.
Underlined passages are added.
4
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
StJ: tick tll1 otlgh passages are deleted.
Underlined passages are added.
5
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
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Parcels 1,2,3 and 4, inclusive and the Westerly 25.00 feet of Parcel 5, CORY ESTATES, according
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 :i: acres more or less.
2005-0-05
Stl tick tit! ()tll;h passages are deleted.
Underlined passages are added.
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AGENDA REQUEST
,.\(..
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Date: February 22. 2005
o
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE March 7. 2005
BOARD
APPOINTMENT.
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd 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 Avenue 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 Avenue 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
o 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 V olusia 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 - 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.
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.
o
Future development of this site may require a variance from the US Highway I setback. Any proposed variance would
be in response to the applicant's desire to maintain a minimum 50-foot buffer between the proposed commercial building
and residential uses to the east.
RZ-04I 9-Bamett
City Council approved Ordinance No. 2004-0-06 at first reading on February 7, 2005.
....
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Land Use Compatibility
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 l2-inch water main along U.S. 1 and that sufficient water
capacity exists for this project.
o
This proj ect 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 FEe 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 0
Development Code.
Any development of this site shall satisfy all findings ofthe 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 of land located at 3301 S. Ridgewood A venue 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 A venue as B-3 (Highway Commercial).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
2-7-05
AGENDA ITEM NO.
6G
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Robin Matusick \..
Paralegal
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Kenneth R. Hooper \
City Manager 0
RZ-0419-Bamett
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ORDINANCE NO. 2005-0-06
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AN ORDINANCE GRANTING 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 PROPERTY LOCATED AT 3301
SOUTH RIDGEWOOD A VENUE 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
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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.
StI tick tIll otlgh passages are deleted.
Underlined passages are added.
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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 0
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet ofthe 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
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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 ofthe City of Edgewater, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
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):
Stltlck t1dongh passages are deleted.
Underlined passages are added.
2005-0-06
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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 :t acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PARTB.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of 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.
StlUck t1uotlgh passages are deleted.
Underlined passages are added.
2005-0-06
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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.
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on February 7, 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
Stltlck till otlgh passages are deleted.
Underlined passages are added.
2005-0-06
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After Motion by
and Second by
, the
U 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
PASSED AND DULY ADOPTED this 7th day of March, 2005.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
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By:
Donald A. Schmidt
Mayor
Susan J. Wadsworth
City Clerk
Robin L. Matusick
Legal Assistant/Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Approved by the City Council of the City of
Edgewater at a meeting held on this 7th day of
March, 2005 under Agenda Item No. 6_.
StInGk t1uongh passages are deleted.
Underlined passages are added.
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2005-0-06
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AGENDA REQUEST
c.A. NO.: 2005-057
Date: March L 2005
PUBLIC
HEARING 03/07/2005
RESOLUTION
03/07/2005
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Resolution #2005-R-04
Chapter 19 (Utilities and Services) - Establishment of an
Inclined Rate for Reclaimed Water use.
BACKGROUND:
The establishment of metering for the reclaimed water system is to encourage reasonable irrigation
practices and provide an adequate supply for the entire reclaimed water customer base. Resolution
#2005-R-04 provides for an inclined consumption rate for reclaimed water usage that will equitably
distribute the cost of running the reclaimed water system according to actual impact to the system
by individual users.
Three (3) reclaimed water rates were proposed at the Work Session on February 9,2005 concerning
the Johnson Controls Performance Contract. The suggested reclaimed rate has the lowest base rate
and a user will pay based only on actual consumption. I believe upon completion of reclaimed water
meter installation and after the period of balancing consumption, the rates will be reviewed and
adjusted.
STAFF RECOMMENDATION:
Staff recommends approval of Resolution #2005-R-04 .
ACTION REOUESTED:
Motion to approve Resolution #2005-R-04.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
(.
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Respectfully submitted,
Concurrence:
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Terry WadsWorth
Director of Environmental Services
~U::"~Qt
Robin L. Matusick
Legal Assistant/Paralegal
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Ken eth R. Hooper
City Manager
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RESOLUTION NO. 2005-R-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, MODIFYING THE SCHEDULE OF
COSTSIFEES RELATING TO CHAPTER 19 (UTILITIES AND
SERVICES); REPEALING RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY AND
APPLICABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Ordinance #2004-0-07 modified Chapter 19 (Utilities and Services) of the Code of
Ordinances and authorized the establishment of charges relating to costs of utilities.
2. In an effort to be consistent with our Code of Ordinances and pursuant to Resolution
#2004-R-06, City Council established the Schedule of Costs/Fees which includes, but is not limited
to: deposits, fees, rates, and penalties relating to Chapter 19 (Utilities and Services).
3. This resolution reflects the authorized annual increase and establishes an inclined
consumption rate for reclaimed water usage.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
Modifying the Schedule of CostslFees.
Pursuant to Chapter 19 (Utilities and Services), the schedule of costs/fees as set forth in
Exhibit "A", attached hereto and incorporated by reference, is hereby established.
Section 2.
Conflicting Provisions.
All resolutions or parts of resolutions in conflict
herewith be and same are hereby repealed.
Section 3.
Severability and Applicability.
If any portion of this resolution is for
2005-R-04
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any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect
the remaining portions of this resolution. If this resolution or any provisions thereof shall be held
to be inapplicable to any person, property, or circumstances, such holding shall not affect its
applicability to any other person, property, or circumstance.
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Section 4.
Adoption and Effective Date.
The effective date of this Resolution
shall be as of March 7, 2005.
After Motion by
the vote on this resolution was as follows:
and Second by
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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2005-R-04
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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-R-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
,2005 under Agenda Item No.
6
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EXHIBIT "A"
UTILITIES AND SERVICES
SCHEDULE OF COSTS/FEES
Deposits:
'-
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Residential service:
Water service only.......................................................... $ 75.00
Sewer service only.......................................................... $ 75.00
Water and sewer service......... ........................................ $150.00
Nonresidential service....................... Three times average monthly water, sewer and
reclaimed service charge.
Service charge (to establish account)..........................................$ 25.00
Restoration from termination of service:
during normal working hours
after hours (during work week)
weekends/holidays
Water and Sewer
Reserved capacity, not connected within twelve (12) months
readiness to serve: Water
Sewer
Assessment District when water is deemed to be available:
$ 50.00
$ 75.00
$100.00
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$ 8.18
9.77
$ 17.95/month
$ 8.18 in City
10.23 out of City
Charges outside the city shall be in an amount equal to the equivalent charge for a corresponding
connection inside the city limits plus a twenty-five percent (25%) surcharge or as allowed by
applicable state statutes, whichever is greater.
Water Rates:
Residential
Non-Residential
up to 2,000 gal.
2,000 to 6,000 gal.
6,000 to 12,000 gal.
12,000 and higher
$ 8.18 base rate
1.28/1 ,000gal.
3.38/1,000gal.
3.99/1,000gal.
5. 12/1,000gal.
up to 2,000 gal.
2,000 to 6,000 gal.
6,000 to 12,000 gal.
12,000 and higher
2005-R-04
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$ 8.18 base rate
1.28/1 ,000gal.
3.38/1,000gal.
3.99/1,000gal.
5. 12/1,000gal.
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Charges outside the city shall be in an amount equal to the equivalent charge for a corresponding
connection inside the city limits plus a twenty-five percent (25%) surcharge or as allowed by
applicable state statutes, whichever is greater.
Sewer Fees:
Sewer Connection Charge:
Sewer Rates:
$153.45
$ 9.77 base rate
3.25/1 ,000gallon
Charges outside the city shall be in an amount equal to the equivalent charge for a corresponding
connection inside the city limits plus a twenty-five percent (25%) surcharge or as allowed by
applicable state statutes, whichever is greater.
County and City Interlocal Water and Wastewater Agreement
Pursuant to an lnterlocal Water and Wastewater Agreement executed on September 2, 1992, the City
provides wholesale water service to the County with the County providing wholesale wastewater
service to the City. Rates to be charged are as follows:
Water Rate
Reserved Water Capacity (development fees)
$2.89/1,000gallon
5.88/1,000gallon
The above-listed rates shall increase annually by five percent (5%).
Extraordinary service calls:
Meter bench test - there shall be a fifty dollar ($50.00) service charge for a customer request of a
meter test for accuracy. lfthe meter is found to be inaccurate, this charge will be voided.
Extraordinary services calls outside of regular maintenance, shall require a twenty-five dollar
($25.00) charge; for example, locating the meter when covered during sodding or filling on the
property. Actual replace costs shall be charged for meter damage caused by building or construction
on the property or other causes.
The required commercial backflow device testing shall be conducted by the city at required intervals
for a fee of fifty dollars ($50.00) per inspection.
Stormwater management utility fee:
Charges per EDU will be six dollars ($6.00) per month and will consist of a base fee of $2.92 per
EDU applicable to all developed properties, plus a contribution fee of$3.08 per EDU applicable to
all developed property. All non-residential property with site mitigation facilities will not pay the
contribution fee.
2005-R-04
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Reclaimed Monthly Residential Customer Charge:
$10.2J/month
Base Rate (no consumption)
0- 10.000 gallons
10.001 - 12.000 gallons
over 12.000 gallons
$ 3.00
.80/1.000 gallons
1.25/1.000 gallons
3.30/1.000 gallons
Delinquency fee:
A delinquency charge relating to the amount due for water, sewer, reclaimed, refuse and stormwater
of ten percent (10%) shall be charged if the customer has not paid the outstanding amount due within
twenty (20) days of the billing date of said charges; a delinquency charge of twelve percent (12%)
shall be charged if the customer has not paid the outstanding amount due within forty (40) days of
the billing date of said charges; and a delinquency charge of fifteen percent (15%) shall be charged
if the customer has not paid the outstanding amount due within sixty (60) days of the billing date of
said charges.
Annual Review/Increase:
There will be an annual review of all fees/rates listed herein (water rates, sewer fees and reclaimed
water charges) with the increase to be based on the CPI (All Urban Uses as of July) or by three
percent (3%), whichever is less.
2005-R-04
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IA.
AGENDA REQUEST
Date: February 10. 2005
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT 3/7/05 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Request for appointment to the Edgewater Library Board due to the resignation of Kathy Booth
BACKGROUND:
Kathy Booth was appointed to the Library Board on November 18, 2002 and her current term
expired February 11,2005. Ms. Booth submitted a letter of resignation, which is attached.
STAFF RECOMMENDATION:
At the February 2, 2005 meeting of the Library Board, they unanimously voted to recommend the
City Council appoint Sandy Sammons, who has previously served on the Library Board, for a three-
year term.
ACTION REOUESTED:
Motion to appoint Sandy Sammons to the Edgewater Library Board for a three-year term.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
NIA
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~
Lisa Bloomer
Library Board Recording Secretary
:lb
Attachment
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01-31-05Al0:38 RCVD
January 28, 2005
Ms. Ruth McCormack
Head Librarian
Edgewater Public Library
103 Indian River Blvd
Edgewater FL 32132
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Dear Ms. McCormack and members of the Edgewater Library Board, Mayor, City Clerk, and
City Council:
It is with ambivalence that I must resign from the office of Board member of the Edgewater -0
Public Library, due to full time employment. It has been a sincere privilege to serve on the Board
with all of you and for our city. In this past year, it was particularly satisfying to help preserve
adequate library staffing and hours of availability so that the citizens of our community will
continue to enjoy all the benefits the Library brings to our quality of life. May the Library have
continued favor through your efforts.
Sincerely,
Kathy Booth
2204 Tamarind Dr
Edgewater FL 32141
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02-01-05A11: 14 RCVD
APPLICATION FOR APPOINTMENT TO CITY
BOARDS AND COMMITTEES
51/ jJ])LIf- S' A).;UJ. 0 t1J s
(10'1 S. ell/aS (bE ])1<..-
HOME PHONE jf'~ Cf~1 3308'
tl-UTbhre.
NAME
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ADDRESS
BUSINESS PHONE
OCCUPATION
Are you a registered voter? ~1!J5 Voting District t
Are you a resident of Edgewater ~rs How long N ~ ~~5
'fu-)
if yes how long? N S"',{iC.J
Briefly state your interest in serving on a City board or committee:
l W If- S A- L-l e e MA It- u kJJ 1> r+M.. I?t-0w ~ ~ fwo1Uu tJ" (tJ"t1t15 \flA1 (., '6 .
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Is your principal place of employment in Edgewater?
State your experience/qualifications LltbeA1e-tA-Nj MJ.I ~/'t:'(" l N'Ib"\'2..b'-U--
Are you employed by the CitY?~DO you hold public office? N6
At~he present time, do you serve on any other Boards or committees?
o If so, list each:
Have you ever
served on any boards or committeeS?~If so, list
L.l'~L eM €'fmte \ '0 1I 1"" l.~'f wu€)..J wlf 11t-t> l.l ~
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each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_____ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
_____FIREFIGHTERS PENSION BOARD
_____GENERAL EMPLOYEES PENSION BOARD
~LIBRARY BOARD
_____RECREATION & CULTURAL SERVICES
_____PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_____VETERANS PARK ADV. COMMITTEE
SIGNATURE
~~
DATE:~. (, YD06"
*SEE REVERSE SIDE FOR LISTING OF BOARDS AND COMMITTEES (Revised 2-7-03)
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APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME_0- (?r." c.... ; 5 G-O ~. i0; a.."'l- TI I
Po 60K .'''l.:ls f'J ew ST"'l.(r'Y'<>"', Pi S""lIIO
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long J -, l.( eq.c-s
Is your principal place of employment in Edgewater? ~ 0 if yes how long?
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Are you a registered voter? Y e.c:.:,
Are you employed by the City? ~ 0 Do you hold public office? ,J <;)
At the present time, do you serve on any other Boards, Agencies, or committees? W!c:; If so. list
each: 0<0 r V<; ; a.. 'l:)efM oc.. ( ~ ..{:-)c. b ~ C!.. u--l::1 v (. ( ::> ,-J't h' l-tce.e
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Have you ever served on any boards, agencies, or committees? NOlf so, list each:
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
1-ANIMAL CONTROL BOARD
2-CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
-l-ECONOMIC DEVELOPMENT BOARD
LFIREFIGHTERS PENSION BOARD
J ~GENERAL EMPLOYEES PENSION BOARD
'Z-L1BRARY BOARD
f.RECREATION & CULTURAL SERVICES
.2..PLANNING & ZONING BOARD
!.LPOLlCE PENSION BOARD
tVETERANS PARK AD~MITTEE
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. THE CITY OF EDGE WATER
. .
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100 .
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APPLICATION FOR APPOINTMENT TO CITY
BOmB OR. COMMITTEES, .
D/rfl . C(2(iE~L . . ' . '2iDiduii22A1fJ~"11
It /r'" ;1Jfe ~ ." .
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HOME PHONE ,.5?t. ~ l(21-t/P-~--i. .. BUSINESS PHONE
.OCCUPATION . ~ ~.~ I! ?e-tPt</.
Are you a resident of Edgewater Ye-.r.' How long
NAME .
:ADDRES'S
3Rt - If.1..t. ~ 91;:';::'
Disl--.2..,
/0- /PI,
. 0 . '. .Are: you eI:f\ployed'by the'
At,!l:e preseht ~ime~. dQ
bIf so, list e~ch:
" ,
Is your principal 'place of 'employment ih Edgewater? .'.. YI:f"$
. if yes how long? .I e:;) -- . ?(,
. Bri,eflY state your interest in serving on a City board or
committee:J~' ~~-re!) ~..' '1Hu h.,--wtztr "p E/;4G"iv~.
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. State your experience/qualifications . .:r ;-I-~. (J'anv ..::r:;."Y'l.-v~t) .5/Y
',-rH~"'C;Nr~,,(()ir/-'l!tAll~f)IMt:. "~QW~ry. n/Z. . S't- YG'"~~',. .' .. .
Are.you a registered ~oter? Y~$
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you: serve on any other Boards or coinrnittees?
Have you eve1;served on any boards, agencies, r co~tte~s? fe-.$" If-s6,
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. ffolr'rt-o-,C'"T'l ()P.l37>/rri'w~fl-' .... '. .'. '.
(BQARD AND coMMITTEE MEMBERS MAY BE. REQUIRED TO FILE . WITH THE STATE,
FINANCIAL DISCL9S~FORM;B:' EACH Y,EAR) , .
.. .... PLEASE.moi~TE BOAlU)S OR COMMiTTEES YOU .
WoULD LiKE. TO Sll~vE ON AND RANK THEM ACCoRDiNG. TO caOiCE BY NUMBER
. S- AN;i.w. CONTROL BOARD' .
. ~CITIZEN . CODE ENFORCEMENT BOARD
~CON'STRUCTI~N REGULATlbN BO~D
~ECONOMlc:DEVEL~PMENT BOARb . . .
. lFIREFIGHTERS . p,ENS'ION . BOAAD .. . .'.
.. ~.
.. ~.
, .' .
. .
'. . . '. .
'SIGNATURE: . .~ ~ ,.. ..
SEE. REVERSE SIDE FOR BOARD ~D COMMITTEES LISTINGS
.~. GEN~RAL EMPLOYEES PENSION ~OARD
~RECREATtON. & CULTURAL SERVICES
'~PLANNING & 'ZONI~G BOARD
. . , .' . .
'~POLICE PENSION. ~OARo .
. / J VETERANS PARK ADV. COMMITTEE
--:-- " .. .-" , .'
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. .
. DATE:
.(2-10-:-03)
7 -:- ~ J .-:'()3
APPLICATION FOR APPOINTMENT TO 1 0 - 26 - 04 All : 27 Rev 0 \.
CITY BOARDS AND COMMITTEES i
.
A,i
') () .: -e, e, t' I tJ"1
Home Phone 5 tG - t.{ if ~ -l,( ; g t B~siness Phone
Name
Address
Occupation
~ V~( ff e..rs. dJ -M'11 t V'
Are you a registered voter? _1 to ~
Are you a resident of Edgewater? f -e. t;
Is your principal place of employment in Edgewater?
A" '
(,....1Ii"""
o
'7R f> -(.p~ '$ -7 ~to
Voting District
How long?
r V e~~
If yes how long?
----
,Ie t;
I
Briefly state your interest in serving on a City board or committee:
i'o +-A/~ A";-e Ct~
State your experience/qualifications t? ~ f ' If ~ t , i!J \oV I't 4-- V'\ ,/ tJ /1./ C-tL~ ~ 1'1
<
5 e.Y' v (~
If so, list each:
.IV I) Nt e.-
Have you ever served on any boards or committees?
If so, list each:
,..---,
-..,
(BOARD AND COMMITTEE MEMBERS MAYBE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_ANIMAL CONlROL BOARD
.5.- CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
~ECONOMIC DEVELOPMENT BOARD
_FIREFIGHTERS PENSION BOARD
_GENERAL EMPLOYEES PENSION BOARD
~URYBOARD
l RECREATION & CULTURAL SERVICES
A~LANNING & ZONING BOARD
POLICE PENSION BOARD
TERANS PARK ADV. COMMITTEE
Signature
(REVISED
Dare--(/' f ~ f
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AGENDA REQUEST
CM: 2005-14
Date: February 14. 2005
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT
OTHER
CONSENT March 7.2005 BUSINESS
ITEM DESCRIPTION:
Authorization for East V olusia Mosquito Control District to make low level aerial inspection and
spray flights.
BACKGROUND:
East V olusia Mosquito Control District annually requests cities to approve low level inspection and
spray flights under 500 foot altitudes with its helicopters over congested portions of incorporated
municipalities and unincorporated portions of V olusia County. The letter of request dated February
2, 2004, is attached.
u
STAFF RECOMMENDATION:
Staff recommends the City Council approve the attached Letter of Authorization and authorize its
execution.
ACTION REOUESTED:
Motion to approve the annual request to perform low level flights over the City of Edgewater and
authorize the Mayor or City Manager to execute the document.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
N/A
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: February 23.2004
AGENDA ITEM NO. 8.A.
Respectfully submitted,
\(~&~'\~~~ ~
Kenneth R. Hooper \ \ \)
City Manager
o KRH:ejm
I:liz _ docs\agendarequests\mosquito2005
~
~~ ---
Volusia County
FLORIDA
)..
02-14-05A 11; 39 RCVD
.
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PUBLIC WORKS DEPARTMENT
MOSQUITO CONTROL DIVISION
JONAS STEWART
MOSQUITO CONTROL DIRECTOR
801 South Street, New Smyrna Beach, Florida 32168-5864
Phone: (386) 424-2920 . Fax: (386) 424-2924
jstewart@co. volusia. fl. us
February 10, 2005
City of Edgewater
Attn: Susan Wadsworth, City Clerk
P.o. Box 100
Edgewater, FL 32132-0100
o
Dear Ms. Wadsworth:
It is necessary under Federal Air Regulations of the Federal Aviation Agency for the Volusia
County Mosquito Control program to annually obtain a written request and authorization from
an appropriate official in each incorporated municipality and the V olusia County Government,
authorizing the low level flights under 500 foot altitude with helicopters and fixed wing aircraft
over congested portions of incorporated municipalities and unincorporated portions of Vol usia
County. This FAA requirement is to make communities aware that aircraft will be making flights
under the minimum 1000-foot altitude threshold for general aircraft operations. Mosquito
control aircraft need to fly under 500-feet to inspect for immature mosquitoes, spray for
immature mosquitoes and spray for adult mosquitoes.
Populations of both potential disease bearing i.e. West Nile and pest mosquitoes will be
suppressed by spray flights in all areas where conditions warrant. Inspection flights and aircraft
landings will be made for the purpose of finding and treating immature stages of mosquitoes in
their breeding sites. This is our primary defense against large populations of mosquitoes.
We realize some people want to be notified prior to an adult mosquito spray operation. Our
office will notify people on our call list, from your area, who have requested prior notification
before aerial spraying. We will also post a map of our aerial residential spray areas prior to
spraying on the www.volusia.org website.
o
~l'
.
o
o
o
All such flights will be made in the public interest at such times as are considered necessary, and
under such conditions as are considered effective and safe, for the purpose of providing comfort
and public health protection for residents and visitors.
We are concerned about communication towers in areas where we perform aerial spraying.
Please involve us in the planning of these towers to insure continued service to our citizens.
A Public Notice will be published in V olusia County newspapers.
Enclosed is an authorization form for your governing body signature. Please sign this form or
one like it and return it to us no later the February 28, 2005.
If there are any questions you may wish to discuss, please call me at (904) 239-6516.
Sincerely yours,
JS/km
Attachments
LETTER OF AUTHORIZATION
We hereby give authorization to Volusia County Mosquito Control
to perfo~ low-level flights over our city/town in connection
with their inspection and aerial application of insecticides for
the control of mosquito larvae and adults in compliance with FAA
regulations explained in a letter from Volusia County Mosquito
Control during calendar year 2005 through March 31, 2006.
Signed:
Date:
Name (Typed):
Title:
City/Town:
State:
Zip Code:
"I..,
.
o
o
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7
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AGENDA REQUEST
Date: 2/10/05
PUBLIC
HEARING
ORDINANCE
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
xx
CONSENT
ITEM DESCRIPTION:
Florida Shores and Park Avenue Water Tank Improvement Program
Bid #04-ES-05 Project Closeout and Final Change Order
BACKGROUND:
The Florida Shores elevated water tower has been completely refurbished per the
specifications of bid #04-ES-05, inspected for compliance, and returned to service.
The Park Avenue elevated water tower has been demolished per specifications and
complete site restoration has occurred. The nominal additive change order of
$4,850 involves hurricane related repairs to ensure the integrity of the Park
Avenue water tower, which was still in service at the time, and for three additional
mobilization/demobilization efforts by the contractor necessitated by three
hurricane events.
STAFF RECOMMENDATION:
Staff recommends project closeout approval of additive change
order, and authorization offinal payment for the Florida Shores
and Park Avenue Water Tank Improvement Program to Utility
Service Co., Inc. for a total cost of$58,665.00.
ACTION REOUESTED: A motion to approve the Project Closeout, Change Order and Final
Payment in the amount of $58,665.00 to Utility Services Co., Inc. for the
successful completion of the Florida Shores and Park Avenue Water Tank
Improvement Project. ~
FINANCIAL IMPACT: (FINANCE DIRECTOR) ;; t - ....., /.
~ \
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~ThA~'\.;.')A\~l'~
Department Dl or .
~~
\~~&\2 \
Kenneth R. Hooper
City Manager
C:\MyDociments\TerrysFiles\AgendaRequest
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AGENDA REQUEST
Date: February 28,2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
CONSENT
OTHER
BUSINESS March 7, 2005
CORRESPONDENCE
ITEM DESCRIPTION:
Motion to approve the agreement (Performance Contract) with Johnson Controls, Inc. and all
associated documents.
BACKGROUND:
City Staff, in conjunction with Johnson Controls, Inc. plan to install, retrofit, upgrade and/or replace
all residential, existing commercial and reclaimed water meters with new Sensus Radio Read (AMR
- Automated Meter Read) devices. Additional improvements to the Wastewater plant are
encompassed in the scope of work, which includes an air compressor and mechanical aerator system.
A performance contract totaling $9,048,454 to be financed over a fifteen-year period is necessary to
perform these capital improvements. The operational savings and excess revenues generated from
this project will cover the entire cost of the project in addition to generating a positive cash flow over
the pay back period in excess of$518,000.
This project will solidify the City's goals and objectives to continually provide quality and reliable
utility service in a manner that pro actively addresses citizen concerns, while improving operating
efficiency and effectiveness.
STAFF RECOMMENDATION:
Staff respectfully recommends that Council consider approval of the agreement (Performance
Contract) with Johnson Controls, Inc. and authorize the Mayor or City Manager to execute the
agreement and all associated documents.
ACTION REQUESTED:
Approval of the agreement (Performance Contract) with Johnson Controls, Inc. and authorize the
Mayor or City Manager to execute the agreement and all associated documents.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
..
DATE: March 7, 2005
AGENDA ITEM NO.
Respectfully submitted,
Concurrence:
L~
" t:1- '
~on C. Williams
Finance Director
~b, ~~ ~ ~\ 'l"--t..
- --
Robin L. Matusick
Legal Assistant/Paralegal
~#~
Ke eth R. Hooper'
City Manager
..
u
o
o
..
0~HNSON
CONTR~LS
City of Edgewater Performance Contract
()
PERFORMANCE CONTRACT
PARTIES:
JOHNSON CONTROLS, INC.
3802 Sugar Palm Drive
Tampa, Florida 33619-1376
(JCI)
CITY OF EDGEWATER GOVERNMENT
104 N. Riverside Dr.
Edgewater, FL 32132
(Customer)
Contact:
Ken Hooper - City Manager
(386) 424-2407
AGREEMENT DOCUMENTS: In addition to the terms and conditions of this Performance Contract, incorporated into this
Agreement are the following (check as applicable).
. Schedule 1 Scope of Work Schedule
. Schedule 2 Assured Performance Guarantee Schedule
. Schedule 3 Services Schedule
. Schedule 4 Price and Payment Terms Schedule
. Schedule 5 Product Information Schedule
o SCOPE OF THE AGREEMENT. JCI agrees to install identifiable improvement measures as delineated in Scope of
Work Schedule (Schedule 1) which will result in Project Benefits as set forth in the Assured Performance Guarantee
(Schedule 2). After installation of the improvement measures, JCI agrees to provide the services identified in
Services Schedule (Schedule 3), that include services that are necessary to monitor, measure, and achieve the
identified Project Benefits, subject to the terms of the Assured Performance Guarantee (Schedule 2). The Customer
agrees to take all actions identified in this Agreement that are necessary to achieve the Project Benefits identified.
JCI shall supervise and direct the Work and Services and shall be solely responsible for all construction means,
methods, techniques, sequences, and procedures and for coordinating all portions of the Work and Services under
this Agreement. JCI shall be responsible to pay for all labor, materials, equipment, tools, construction equipment and
machinery, transportation, and other facilities and services necessary for the proper execution and completion of the
Work, whether temporary or permanent and whether or not incorporated or to be incorporated in the Work and
Services. The Customer's payments to JCI and its interest in the Equipment will be based upon the terms of
Schedule 4.
2. TERM. The Term of this Agreement shall begin on the Commencement Date, which shall be February 9, 2005, or, if
no date is included, the date of this Agreement. If the Work is divided into phases or individual projects for which
individual prices have been negotiated, then separate Commencement Dates shall apply to each phase or individual
project. The Work shall be completed by the Substantial Completion Date, which shall be the earlier of:
(a) the date on which the Customer executes a Certificate of Substantial Completion; or
(b) December 1,2005, subject to adjustments as set forth in Paragraph 3 below.
If the Work is divided into phases or individual projects for which individual prices have been negotiated, then
separate Substantial Completion Dates shall apply to each phase or individual project. Substantial Completion means
that JCI has provided sufficient materials and services to permit the Customer to operate the Equipment or achieve
O the intended Project Benefits. The Services shall commence on the Substantial Complete Date and shall continue for
sixteen (16) years. The term of the Assured Performance Guarantee (Schedule 2) shall coincide with the term of the
Services Schedule (Schedule 3). If for any reason, the Customer cancels or breaches this Agreement, including but
not limited to the Services Schedule, the Assured Performance Guarantee shall automatically terminate. The
Payment Term shall be defined in Price and Payment Term Schedule (Schedule 4).
Johnson Controls Confidential
Page 1 of 31
..
0~HNSON
CONT~LS
City of Edgewater Performance Contract
o
3. DELAYS. If JCI is delayed in the commencement or completion of the Work and/or Services by causes beyond its
control and without its fault or negligence, including but not limited to inability to access property, fire, flood, labor
disputes, unusual delays in deliveries, abnormal adverse weather conditions, acts of God, acts of war and acts of
terrorism or by failure by the Customer to perform its obligations under the Performance Contract and Schedules or
failure by the Customer to cooperate with JCI in the timely completion of the Work, then JCI shall provide written
notice to the Customer of the existence, extent of, and reason for such delays. An equitable adjustment in Substantial
Completion Date, Payment Terms and Assured Performance Guarantee shall be made as a result.
4. ACCESS. Customer is responsible to provide JCI, its subcontractors and/or its agents reasonable and safe access to
all facilities and properties that are in the Customer's control which are subject to the Work and Services contained in
this Agreement. Customer further agrees to assist JCI, its subcontractors and/or its agents to gain access to facilities
and properties that are not controlled by the Customer which are subject to the Work and Services contained in this
Agreement. An equitable adjustment in Substantial Completion Date, Payment Terms and Assured Performance
Guarantee shall be made as a result of any failure to grant such access.
5. CERTIFICATE OF SUBSTANTIAL COMPLETION. The Certificate of Substantial Completion to be executed by the
Customer shall include:
a. an acknowledgement by the Customer of the work substantially completed and the Substantial Completion
Date for each Improvement Measure;
b. an acknowledgment by the Customer of receipt of manuals and training provided by JCI under the
Agreement;
c. an acknowledgement by the Customer of the warranty start date and warranty period;
d. a punch list of items remaining to be completed by JCI and,
o
e. an acknowledgement by the Customer that
(i) changes of fire or alarm control points may significantly alter a life safety system, and contribute to a
dangerous or life-threatening situation.
(ii) changes to fire or alarm points may also require approval of local fire authority; changes to other control
points may be linked to the life safety system and affect it; and after each such change, the life safety
system should be exercised to see that its integrity has not been violated and it functions properly, as was
intended.
(iii) JCI does not warrant against system malfunction caused by improper use, misuse or wrong entry of data
by the customer, and JCI shall not be liable for situations or damages that are the direct result of
user-generated databases.
6. TAXES, PERMITS, AND FEES. JCI shall be responsible for obtaining all permits and related permit fees associated
with the Work and Services. JCI shall pay sales, consumer, use, and other similar taxes and shall secure and pay for
the building permit and other permits and governmental fees, licenses, and inspections necessary for proper
execution. The Customer shall be responsible for real estate and personal property taxes where applicable. The
Customer shall be responsible for securing any necessary approvals, easements, assessments, or zoning changes
and shall be responsible for real estate and personal property taxes where applicable. JCI makes no representations
regarding the tax implications or Customer's accounting treatment of this Agreement.
o
Johnson Controls Confidential
Page 2 of 31
.
J~HNSON
CONTR~LS
City of Edgewater Performance Contract
() WARRANTY. JCI warrants that materials and equipment furnished by JCI will be of good quality and new; that the
Work will be free from defects not inherent in the quality required or permitted; and that the Work and Services will
conform to the requirements of the Agreement Documents. JCI warrants that the Work shall be free from defects in
material and workmanship arising from normal usage for a period of one year from the Substantial Completion Date
and that its Services will be free from defects in workmanship, design, and material until the end of the Term, or for
one year, whichever is earlier. Upon written notice from the Customer, .JCI shall, at its option, repair or replace the
defective Work or re-perform defective Services. These warranties do not extend to any Work or Services that have
been abused, altered, misused, or repaired by the Customer or third parties without the supervision of and prior
written approval of JCI; or if JCI serial numbers or warranty date decals have been removed or altered. The Customer
must promptly report any failure of the Equipment to JCI in writing. All replaced Equipment or parts become JCl's
property.
THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A SPECIFIC PURPOSE.
Customer understands that JCI is a provider of services under this Agreement. JCI shall not be considered a
merchant or a vendor of goods. If JCI installs or furnishes a piece of equipment under this Agreement, and that
equipment is covered by a warranty from the manufacturer, JCI will transfer the benefits of that
manufacturer's warranty to Customer if this Agreement with Customer terminates before the equipment
manufacturer's warranty expires.
8. CLEANUP. JCI shall keep the premises and the surrounding area free from accumulation of waste materials or
rubbish caused by the Work and, upon completion of the Work, JCI shall remove all waste materials, rubbish, tools,
construction equipment, machinery, and surplus materials.
O SAFETY. JCI shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in
connection with the performance of the Work or Services. JCI shall comply with all applicable laws, ordinances, rules,
regulations, and lawful orders of public authorities related to safety of persons or property.
10. HAZARDOUS MATERIALS. Unless specifically noted in Schedule 1, JCl's obligations expressly exclude any Work
or Services of any nature associated or connected with the identification, abatement, cleanup, control, removal, or
disposal of hazardous materials or substances, including but not limited to asbestos or PCBs, in or on the premises.
The Customer warrants and represents that, to the best of the Customer's knowledge, there is no asbestos or
hazardous material in the Customer's building that will in any way affect JCI's Work. Should JCI become
aware of or suspect the presence of asbestos or hazardous materials, JCI shall have the right to stop work in the
affected area immediately and notify the Customer. The Customer will be responsible for doing whatever is
necessary to correct the condition in accordance with all applicable statutes and regulations. The Customer agrees to
assume responsibility for any claims arising out of or relating to the presence of asbestos or hazardous materials in
the Customer's building.
11. INSURANCE. Prior to commencing the Work, JCI shall provide a certificate of insurance with Contractor showing its
insurance coverage's, and JCI shall maintain such insurance in full force and effect at all times until the Work and
Services have been completed, in the following minimum amounts:
COVERAGES
LIMITS OF LIABILITY
Workmen's Compensation Insurance or self insurance,
including Employer's Liability
Statutory
Comprehensive General
Liability Insurance, including Contractual
$5,000,000 One Occurrence
$5,000,000 Each Aggregate
o
Comprehensive Automobile Liability
Insurance
$5,000,000 Combined
Single Limit
The above limits are obtained through primary and excess policies.
Johnson Controls Confidential
Page 3 of 31
0~HNSON
CONTR~LS
City of Edgewater Performance Contract
The Customer shall be responsible for obtaining any builder's risk insurance and shall assume full responsibility fO
any risk of loss to the Work.
12. INDEMNITY. The Customer assumes all risk and liability for the use, operation, and storage of the Equipment, and for
injuries or death to persons or damage to property arising out of the use, operation, or storage of the Equipment,
except for any injuries or death to persons or damage to property caused by the negligence of JCI, it employees,
agents or assigns. The Customer shall indemnify and hold harmless JCI, its employees, agents, and assigns from
and against all claims, actions, damages, liabilities, and expenses, including attorney's fees, arising out of or related
to this Agreement, except for injuries or death to persons or damage to property caused by the negligence of JCI, its
employees, agents or assigns.
JCI shall indemnify and hold harmless the Customer, its employees, agents, and assigns against all claims, actions,
damages, liabilities, and expenses, including attorney's fees, arising out of or related to any claims of patent
infringement and any claims of construction or materialman's lien made by any subcontractor or materialman. JCI
and the Customer agree that JCI shall be responsible only for such injury, loss, or damage caused by the intentional
misconduct or the negligence act or omission of JCI. The obligations of JCI and of the Customer under this paragraph
are further subject to paragraph 12 below.
13. LIABILITY AND FORCE MAJEURE. JCI shall not be liable under this Agreement in an amount in excess of its
primary general comprehensive policy limits. Neither JCI nor the Customer will be responsible to the other for any
special, indirect, or consequential damages arising in any manner from the Work or Services. Neither party will be
responsible to the other for damages, loss, injury, or delay caused by conditions that are beyond the reasonable
control, and without the intentional misconduct or negligence, of that party. Such conditions include, but are not
limited to: acts of God; acts of Government agencies; strikes; labor disputes; fire; explosions or other casualties;
thefts; vandalism; riots or war; acts of terrorism; or unavailability of parts, materials or supplies. If this Agreement
covers fire safety or security equipment, the Customer understands that JCI is not an insurer regarding those
services. JCI shall not be responsible for any damage or loss that may result from fire safety or security equipmer.",
that fails to perform properly or fails to prevent a casualty loss. JCI is also not responsible for any injury, loss, d...;
damage caused by equipment that is not Covered Equipment, as defined in Schedule 3.
14. JCI'S PROPERTY. All materials furnished by and used by JCI personnel and/or JCI authorized subcontractors or
agents at the installation site, including documentation, schematics, test equipment, software, and associated media
remain the exclusive property of JCI. The Customer agrees not to use such materials for any purpose at any time.
The Customer agrees to allow JCI personnel and/or JCI authorized subcontractors or agents to retrieve and to
remove all such materials remaining after installation or maintenance operations have been completed. The
Customer acknowledges that all JCI software included is proprietary and will be delivered only under the provisions of
an appropriate Software License Agreement that will limit its use to the system purchased under this Agreement.
15. DISPUTES. If a dispute arises under this Agreement, the parties shall promptly attempt in good faith to resolve the
dispute by negotiation. All disputes not resolved by negotiation shall be resolved in accordance with the Commercial
Rules of the American Arbitration Association in effect at that time, except as modified herein. All disputes shall be
decided by a single arbitrator. A decision shall be rendered by the arbitrator no later than nine months after the
demand for arbitration is filed, and the arbitrator shall state in writing the factual and legal basis for the award. No
discovery shall be permitted. The arbitrator shall issue a scheduling order that shall not be modified except by the
mutual agreement of the parties. Judgment may be entered upon the award in the highest state or federal court
having jurisdiction over the matter. The prevailing party shall recover all costs, including attorney's fees, incurred as a
result of the dispute. If the Customer is a state or local governmental entity, then this paragraph may not
apply.
16. MODIFICATIONS. Additions, deletions, and modifications to this Agreement may be made upon the mutual
agreement of the parties in writing. The parties contemplate that such modifications may include but are not limited to
the installation of additional improvement measures, energy conservation measures, facility improvement measures,
and operational efficiency improvements or furnishing of additional services within the identified facilities, as well as
other facilities owned or operated by the Customer. These modifications may take the form of additional phases 00
work or modifications to the original scope of Work or Services.
Johnson Controls Confidential
Page 4 of 31
0~HNSON
CONTR~LS
City of Edgewater Performance Contract
o NOTICES. All notices or communications related to this Agreement shall be in writing and shall be deemed served if
and when sent by facsimile or mailed by certified or registered mail to JCI at the address listed on Page 1 of this
Performance Contract and to JCI, ATTN: General Counsel - Controls, 507 East Michigan Street, Milwaukee,
Wisconsin, 53202, and to Customer at the address listed on Page 1 of this Performance Contract.
18. ADDITIONAL TERMS.
A. Any failure of JCI to require strict performance by the Customer, or any waiver by JCI of any requirement under
this Agreement, does not consent to or waive any subsequent failure or breach by the Customer.
B. If any provision of this Agreement is invalid under any applicable law, that provision shall not apply, but the
remaining provisions shall apply as written.
C. The captions and titles in this Agreement are for convenience only and shall not affect the interpretation or
meaning of this Agreement.
D. This Agreement is the full Agreement between JCI and the Customer as of the date it is signed. All previous
conversations, correspondence, agreements, or representations related to this Agreement (including any Project
Development Agreement) are not part of the Agreement between JCI and the Customer and are superceded by
this Agreement.
E. This Agreement shall be construed in accordance with the laws of the state of the principal place of Business of
the Customer at the time of the execution of this Agreement.
F. If there is more than one Customer named in this Agreement, the liability of each shall be joint and several.
G. The Customer agrees to utilize the existing performance contract selection process conducted by the Polk County
School Board in Bartow, Florida (June 1999) as its justification for approving this Agreement and naming JCI as
its sole provider of performance contracting services. The Polk County selection process was conducted in
accordance with all applicable Florida Statutes and JCI was chosen as the top-ranked service provider. A copy of
the Polk County justification paperwork is located in the City Manager's office
o
NOTICE
JCI MAKES NO WARRANTIES AS TO THE EQUIPMENT EXCEPT
AS SET FORTH ABOVE.
City of Edgewater Government
Johnson Controls, Inc.
Signature:
Signature:
Printed Name: Donald A. Schmidt
Printed Name: Joel Lowery
Title: Mayor
Title: Regional Solutions Manager
Date:
Date:
()
Johnson Controls Confidential
Page 5 of 31
0~HNSON
CONTR~LS
City of Edgewater Performance Contract
Schedule 0
SCOPE OF WORK SCHEDULE
1. WATER METER / AMR INITIATIVE: This portion of the project consists of upgrading the Customer's existing
water meters and installing new automatic meter reading (AMR) technology. The specific quantities are listed
below and more detailed product information is provided in Schedule 5 of this Agreement.
Meter Size Quantity Quantity Total
Upgraded Replaced Quantity
5/8 x 0/,.' 0 9826 9826
1.0" 0 45 45
5/8 x 0/,.' (Reclaimed) 0 2954 2954
1.5" 0 6 6
2.0" 36 0 36
3.0" 1 0 1
4.0" 2 0 2
6.0" 1 0 1
8.0" 1 0 1
TOTALS 41 12831 12872
o
For the quantities listed above in the "Upgraded" column, the existing water meters will remain in place and JCI
will upgrade to new automatic meter reading (AMR) technology.
For the quantities listed above in the "Replaced" column, the existing water meters will be removed and replaced
with new Sensus AMR compatible meters, except for the 5/8 X %" Reclaimed meters where new meters will be
installed with the AMR technology where no meters currently exist.
CUSTOMER:
JCI:
Initials:
Initials:
o
Johnson Controls Confidential
Page 6 of 31
0~HNSON
CONT~LS
City of Edgewater Performance Contract
o
Schedule 1
SCOPE OF WORK SCHEDULE (continued)
Equipment will be installed as necessary to complete the following scope of work:
Water Meters:
JCI will install new Sensus water meters with automatic meter reading (AMR) technology throughout the Customer's
service territory including radio read transmitters, central software, mobile reading unit, and training. For a more detailed
description of the equipment to be installed, please refer to Schedule 5 (Technical Submittal Data).
Meter Boxes. Vaults & Roadways:
JCI is responsible for repairing any damages to meter boxes, vaults, and roadways incurred as a result of this installation.
Some areas of concrete and other hard surfaces may need to be broken-up to gain access to meters. In this instance, the
area in question will be restored to, at minimum, the condition of the area prior to installation. JCI will be accountable for
any work required to repair the area in question, including, but not limited to: masonry/brick, carpentry, asphalt, concrete,
etc.
Disposal:
JCI is responsible for disposal of all waste, debris and materials resulting from this installation.
Liability:
o is responsible for any damages within three feet (3') on either side of the water meter resulting from meter removal or
installation. Any damages incurred within this three-foot (3') zone will be repaired promptly at the expense of JCI.
However, JCI is not liable for damages outside of this three-foot (3') zone, either on the water distribution side or on the
customer side, incurred from the meter replacement process. Le. shutoff, temporary outage, and restart of water service.
Water Shutoff:
JCI is responsible for shutting off the water to each meter serviced as well as notifying each water utility customer of the
shutoff. Customer hereby agrees to assist JCI in notifying the individual water utility customers. The JCI installation team
will knock on the doors of residential customers before starting work and will leave notification on each door when work is
completed. For large commercial customers (schools, hospitals, nursing homes, etc), special efforts will be made to
ensure minimum disruption to their water needs. To prevent any damage from running flush valves or any other plumbing
fixtures that are sensitive to water shutoffs, JCI will schedule the replacements with these commercial customers and will
notify the maintenance personnel when turning the water back on to the facilities. The responsibility for plumbing fixtures
inside of each facility belongs to the end user and not to JCI.
Labor. Materials and Warranty Included in this Improvement Measure:
JCI is responsible for the labor and material cost to replace any water meters that fail within thirty (30) days of the final
completion of meter replacement. After thirty (30) days, the manufacturer's warranty is in place and the installation of
replacement water meters will be the Customer's responsibility (per the manufacturer's warranty).
Automatic Meter Readinq (AMR) Traininq:
Upon completion of the water meter installation, JCI will provide a representative for three (3) days of on-site training on
Ooperation of the automatic meter reading (AMR) technology. Customer should send staff members to this training
are responsible for bill generation, customer service, and reading the meters via AMR system.
Johnson Controls Confidential
Page 7 of 31
0~HNSON
CONTR~LS
City of Edgewater Performance Contract
Schedule ()
ASSURED PERFORMANCE GUARANTEE SCHEDULE
1. DEFINITIONS. The following terms are defined for purposes of this Schedule as follows:
Project Benefits are the Measured Savings, Cost Avoidance, and/or Billable Usage Increases that occur in the
Guarantee Term plus the Non-Measured Savings, Cost Avoidance, and/or Billable Usage Increases achieved for that
year as set forth in Paragraph 3 (Reconciliation) of this Schedule.
Annual Guaranteed Project Benefits are the portion of the Total Guaranteed Project Benefits to be achieved in any
one year of the Guarantee Term, calculated and adjusted as set forth in this Schedule.
Annual Project Benefits are the Project Benefits achieved for anyone year of this Agreement.
Project Benefits Surplus is the amount by which the Annual Project Benefits exceed the Annual Guaranteed Project
Benefits in anyone-year of the Guarantee Term.
Project Benefits Shortfall is the amount by which the Annual Guaranteed Project Benefits exceeds the Annual
Project Benefits in anyone-year of the Guarantee Term.
Guarantee Term is the term of this Assured Performance Guarantee. As outlined in Paragraph 2 of this Agreement,
the Guarantee Term shall coincide with the term of Services and shall be sixteen (16) years from the Substantial
Completion Date, unless terminated earlier.
Installation Period means the period between the Commencement Date and the first day of the month following the
Substantial Completion Date. For purposes of the annual reconciliation, Project Benefits achieved during thD
Installation Period shall be considered Project Benefits achieved during the first year of the Guarantee Term.
Measured Project Benefits are achieved and calculated as set forth in Paragraph 3 (Reconciliation) of this Schedule.
Non-Measured Project Benefits are the Project Benefits that have been agreed by the parties will be deemed
achieved on the Substantial Completion Date and are set forth in Exhibit 2 of this Schedule. JCI and the Customer
agree that Non-Measured Project Benefits may include, but are not limited to, future capital or operational costs
avoided as a result of this Agreement. Customer agrees and acknowledges that JCI shall not be responsible for the
achievement of such Project Benefits, as the actual realization of those Project Benefits is not within JCI's control.
Customer acknowledges that it has evaluated sufficient information to believe that the Non-Measured Project Benefits
will occur. As a result, Non-Measured Project Benefits shall not be measured or monitored at any time during the
Guarantee Term, but rather shall be deemed achieved on the Substantial Completion Date.
Billable Usage Increases are the incremental increases in billable usage that occur as a result of this project and as
calculated in Schedule 2, Exhibit 6 (pursuant to billing information as provided by the Customer).
Total Guaranteed Project Benefits are the Total Guaranteed Project Benefits to be achieved during the entire
Guarantee Term, calculated and adjusted as set forth in this Schedule.
Total Project Benefits are the Project Benefits achieved during the entire term of this Agreement.
Equipment is the product(s) installed by JCI, its subcontractors and/or its agents as outlined in Schedule 1 (Scope of
Work).
Service is the scope of work provided by JCI, its subcontractors and/or its agents as outlined in Schedule 3 (Service
Schedule).
Baseline is the mutually agreed upon calculated figures and/or usage amounts that reflect existing conditions and
assumptions as set forth in Schedule 2, Exhibits 7 and 8. 0
2. GUARANTEE. Subject to the terms and conditions of this Agreement, JCI guarantees that the Customer will achieve
$9,566.589 of Total Guarantee Project Benefits during the Term of the Agreement.
Johnson Controls Confidential
Page 8 of 31
0~HNSON
CONTR~LS
City of Edgewater Performance Contract
o RECONCILIATION. Within sixty (60) days after the Substantial Completion Date, or earlier if otherwise specified in
. this Performance Contract, JCI will calculate the Project Benefit achieved during the Installation Period and advise the
Customer of the amount of such Project Benefits. The frequency and the methods of reconciliation to be used during
the Guarantee Term have been approved by the Customer at the time that this Agreement was executed and are
defined in the Exhibits attached to this Schedule. Except by mutual agreement of the parties, no changes to the
frequency or methods of reconciliation may be made during the Guarantee Term; but, if a utility providing energy to
the Customer modifies its method of billing during the Guarantee Term, or if the Customer changes its utility suppliers
or method of purchasing, JCI may, at its option, adjust the reconciliation methods to methods appropriate to the
utility's revised method of billing.
4. CHANGES IN USE. The Customer agrees to notify JCI, within five (5) business days, of any actual or intended
change, whether before or during the Guarantee Term, in the use of any facility or equipment to which this Schedule
applies, or of any other condition arising before or during the Guarantee Term, that reasonably could be expected to
change the amount of Project Benefits to which this Schedule applies. Such a change or condition would include, but
is not limited to: changes in the primary use of any facility; changes to the hours of operation of any facility; changes
or modifications to the Equipment or Services provided under this Agreement; failure of the premises to meet local
building codes; changes in utility suppliers, method of utility billing, or method of utility purchasing; improper
maintenance of the Equipment or of any related equipment other than by JCI; changes to the equipment or to any
facility required by changes to local building codes; or additions or deletions of equipment at any facility. Such a
change or condition need not be identified in the Base Line in order to permit JCI to make an adjustment.
Upon receipt of such notice, or if JCI independently learns of any such change or condition, JCI shall calculate and
send to the Customer a notice of adjustment to the Base Line to reflect the impact of such change or condition, and
the adjustment shall become effective as of the date that the change or condition first arose. Should the Customer fail
to provide JCI with notice of any such change or condition, JCI may make reasonable estimates as to the impact of
such change or condition and as to the date on which such change or condition first arose in calculating the impact of
(" \ such change or condition, and such estimates shall be conclusive.
\..! PROJECT BENEFIT SURPLUSES OR SHORTFALLS. If the Annual Project Benefits during a specific year of the
Guarantee Term, plus amounts credited from surpluses in the Installation Period, are less than the Annual
Guaranteed Project Benefits for that year, JCI may apply the difference against any unpaid balances from the
Customer then existing under the Agreement. If there are any remaining amounts, JCI may, at the Customer's written
election, pay the Customer any remaining Project Benefit shortfalls. Upon the mutual agreement of the parties, JCI
may also provide additional products or services, in the value of the shortfall, at no additional cost to the Customer.
Where Project Benefit shortfalls have occurred, JCI reserves the right, subject to the approval of the Customer, which
shall not be unreasonably withheld, to implement additional operational improvements or conservation measures, at
no cost to the Customer, that will generate additional Project Benefits in future years of the Guarantee Term. Such
payment or credit shall be the sole and exclusive remedy of the Customer for any failure by JCI to achieve guaranteed
Project Benefits under this Agreement, including any alleged breach of any other express or implied warranty of
Project Benefits.
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J~HNSON
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City of Edgewater Performance Contract
The following Exhibits are attached and made part of this Schedule 2:
Exhibit
1
2
3
4
5
6
7
8
9
10
o
Title
Annual Reconciliation & Guaranteed Project Benefit Allocation
Non-Measured Project Benefits
Responsibilities of JCI and Customer
Unit Utility Rates and Costs
Primary Operations Schedules Pre & Post Retrofit
Calculation of Baseline and Project Benefits
Pre-Retrofit Baseline Billable Data
Pre-Retrofit Baseline Conditions
Post-Retrofit Meter Guarantees & Exclusions
Post-Retrofit Conditions
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Schedule 2
Exhibit 1
ANNUAL RECONCILIATION & GUARANTEED PROJECT BENEFIT ALLOCATION
Year ~ ~ Wastewater Wastewater Total Guaranteed
Water Reclaimed Water ~ ~ ~
Installation $65,845 $33,676 $2,295 $2,018 $103,833
Year 1 $263,379 $134,702 $9,180 $8,071 $415,332
Year 2 $265,025 $141,651 $9,654 $8,487 $424,817
Year 3 $278,697 $148,959 $10,152 $8,925 $446,733
Year 4 $293,075 $156,643 $10,675 $9,386 $469,779
Year 5 $308,194 $164,725 $11,226 $9,870 $494,015
Year 6 $324,094 $173,223 $11,805 $10,379 $519,501
Year 7 $340,813 $182,159 $12,414 $10,915 $546,301
Year 8 $358,396 $191,556 $13,055 $11,478 $574,484
Year 9 $376,885 $201,439 $13,728 $12,070 $604,122
Year 10 $396,365 $211,850 $14,438 $12,694 $635,347
Year 11 $416,852 $222,800 $15,184 $13,350 $668,186
Year 12 $438,398 $234,316 $15,969 $14,040 $702,723
Year 13 $461,057 $246,427 $16,794 $14,765 $739,044
Year 14 $484,888 $259,164 $17,662 $15,528 $777 ,243
Year 15 $509,950 $272,560 $18,575 $16,331 $817,417
Total $5,581,913 $2,975,851 $202,806 $178,306 $8,938,876
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City of Edgewater Performance Contract
SChedUleQ
Exhibit 2
NON-MEASURED PROJECT BENEFITS
The Project Benefits identified below shall be Non-Measured Project Benefits. Customer agrees and acknowledges that
JCI shall not be responsible for the achievement of these Non-Measured Project Benefits, as the actual realization of
these Project Benefits is not within JCI's control. Customer acknowledges that it has evaluated sufficient information to
believe that the Non-Measured Project Benefits will occur and as a result, these Non-Measured Project Benefits shall not
be measured or monitored at any time during the Guarantee Term, but rather shall be deemed achieved on the
Substantial Completion Date.
METER READING OPERATIONAL COSTS:
Year ~~ Total Non-Measured
Project Benefits
Installation 0 0 $0
Year 1 $28,750 $5,000 $33,750
Year 2 $29,613 $5,150 $34,763
Year 3 $30,500 $5,305 $35,805
Year 4 $31,416 $5,464 $36,880
Year 5 $32,358 $5,628 $37,986
Year 6 $33,230 $5,796 $39,126
Year 7 $34,329 $5,970 $40,299
Year 8 $35,359 $6,149 $41 ,508
Year 9 $36,419 $6,334 $42,753
Year 10 $37,512 $6,524 $44,036
Year 11 $38,638 $6,719 $45,357
Year 12 $39,797 $6,921 $46,718
Year 13 $40,991 $7,128 $48,119
Year 14 $42,221 $7,342 $49,563
Year 15 $43,487 $7,563 $51,050
Total $534,620 $92,993 $627,713
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City of Edgewater Performance Contract
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Schedule 2
Exhibit 3
RESPONSIBiliTIES OF JCI AND CUSTOMER
This Exhibit details the individual responsibilities of JCI and of the Customer, not otherwise set forth in this Performance
Contract, in connection with the management and administration of the Assured Performance Guarantee.
JCI Responsibilities
. Coordinate with Customer for scheduling areas during construction.
. Coordinate with Customer for water shutdowns to city customers.
. Ensure all work complies with applicable codes and standards.
. Perform annual accuracy measurements on 100 of the water meter population as specified in Schedule 3.
. Compile annual reconciliation reports and present results to the City Manager and staff.
. Identify and report any deficiencies or corrections resulting from adverse changes or conditions affecting performance.
. Report any operational or retrofit opportunities that would further increase the efficiencies of the facilities, utilities or
systems.
. Provide data entry services for all pertinent information to be uploaded into the Customer's existing billing software.
Customer Responsibilities
o Provide for shutdown and scheduling of areas during construction.
. Provide assistance with notification and coordination of utility interruptions to minimize disruption.
. Provide access to meter boxes/pits.
. Provide for timely abatement of asbestos (if applicable) encountered during project implementation.
. Notify JCI of any major equipment additions or failures of any equipment or strategies that might impact JCl's ability to
deliver the Total Guaranteed Project Benefits outlined in Schedule 2, Exhibit 1.
. Provide routine maintenance of all owner systems and equipment affected by this agreement.
. Provide support to JCI in the transition and integration of meter reading and billing systems.
. Provide all programming for new water meters that are installed after the completion of this contract.
. Planned Service Agreement (Schedule 3) must be paid as agreed and renewed annually to maintain JCl's guarantee.
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Schedule 0
Exhibit 4
UNIT UTILITY RATES AND COSTS
The calculations are based on the following monthly Base Charges provided by the Customer:
Rate sheet for the City of Edgewater
Base 1,000 gls 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000
Water $8.00 $9.25 $10.50 $13.80 $17.10 $20.40 $23.70 $27.60 $31.50 $35.40 $39.30
Sewer $9.55 $12.73 $15.91 $19.09 $22.27 $25.45 $28.63 $31.81 $34.99 $38.17 $41.35
Refuse $16.40 $16.40 $16.40 $16.40 $16.40 $16.40 $16.40 $16.40 $16.40 $16.40 $16.40
Recyding $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60
Storm water $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00
Water USTX $0.80 $0.93 $1.05 $1.38 $1.71 $2.04 $2.37 $2.76 $3.15 $3.54 $3.93
Total $42.35 $46.91 $51 .46 $58.27 $65.08 $71.89 $78.70 $86.17 $93.64 $101.11 $108.58
11,000 12,000 13,000 14,000 15,000 16,000 17,000 18,000 19,000 20,000
Water $43.20 $47.10 $52.10 $57.10 $62.10 $67.10 $72.10 $77.10 $82.10 $87.10
Sewer $44.53 $47.71 $50.89 $54.07 $57.25 $60.43 $63.61 $66.79 $69.97 $73.15
Refuse $16.40 $16.40 $16.40 $16.40 $16.40 $16.40 $16.40 $16.40 $16.40 $16.40
Recyding $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60 $1.60
Stormwater $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00 $6.00
Water USTX $4.32 $4.71 $5.21 $5.71 $6.21 $6.71 $7.21 $7.71 $8.21 $8.71
Total $116.05 $123.52 $132.20 $140.88 $149.56 $158.24 $166.92 $175.60 $184.28 $192.96
Water Rates Base 0.2K 2001 K.6K 6001k-1200C 12001K & Above 0
Water $8.00 $1.25 $3.30 $3.90 $5.00
Sewer $9.55 $3.18 $3.18 $3.18 $3.18
Refuse $16.40
Recyding $1.60
Storm water $6.00
Water USTX 10% of water usage
Redaimed 10.00 (Flat Rate)
A surcharge or 25% apples to c~ tside the City limits
Deposits are 25% higher for customer outside the City limits
County Rates
Base 0.2K 2001 K-6K 6001K.1200112001K & Above
Water $10.00 $1.56 $4.13 $4.88 $6.25
Sewer $11.94 $3.98 $3.98 $3.98 $3.98
Rates Effective 5/14/04
These monthly Base Charges correspond to the Baseline Base Charge (BBC) described in Schedule 2, Exhibit 8 and will
be escalated annually at 2.8 % per year throughout the duration of this Agreement. In addition, we have applied a 2%
growth escalation to capture the growth rate of the City of Edgewater. This has been discussed and agreed to by the
customer.
CUSTOMER:
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Schedule 2
Exhibit 5
PRIMARY OPERATIONS SCHEDULES PRE & POST RETROFIT
This exhibit does not apply due to the scope of work selected by the Customer.
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City of Edgewater Performance Contract
Schedule 0
Exhibit 6
CALCULATION OF BASELINE AND PROJECT BENEFITS
Due to accuracy degradation in a significant percentage of the Customer's existing water meters, an opportunity exists to
increase billable usage. By replacing the existing water meters with new, more accurate water meters, the Customer will
increase the volume of water registered by the meters and thereby increase billable usage. By applying accuracy
increases to the baseline water billing amounts (supplied to JCI by the Customer), the impact of billing for the additional
water recognized would have resulted in a billable usage dollar increase of $263,379 in the Baseline Year.
As agreed upon by the Customer, the total amount of Base Billable Gallons for the term of this guarantee is equal to
billable gallons measured by the Customer plus incremental gallons (currently unrecognized and unbilled). The Customer
assumes the responsibility under this project for maintaining water consumption at or above the Base Billable Gallons for
the term of the contract as specified in Schedule 2, Exhibit 7.
JCI is not responsible for damage to water meters as a result of foreign objects or other water quality issues that affect the
water meter manufacturer's warranty. JCI is also not responsible should the customer choose not to maintain/calibrate
any equipment subject to this guarantee within manufacturers guidelines.
Pre-Retrofit Conditions
JCI used the Pre-Retrofit Baseline Billable Data supplied by the Customer during the detailed audit and shown in
Schedule 2. Exhibit 7.
The Pre-Retrofit Weighted Average Accuracy was calculated during the detailed audit (per meter size category) and waD
generated as a result of testing a representative sample of the existing meter population. This Pre-Retrofit Weighted
Average Accuracy is included in Schedule 2, Exhibit 8. Average accuracy is based on the average of low, medium, and
high flow measurements as specified in the following industry standard guideline:
American Water Works Association (AWWA)
6666 West Quincy Avenue
Denver, CO 80235
"Manual of Water Supply Practices" - M6. Fourth Edition
"Water Meters - Selection, Installation, Testing and Maintenance"
Copyright - 1999 American Water Works Association, ISBN 1-58321-017-2
Further details of baseline conditions are acknowledged and accepted by Customer in Schedule 2. Exhibits 4, 7. and 8.
Post-Retrofit Conditions
Upon completion of the Work specified in Schedule 1. and throughout the duration of this Agreement, JCI will determine
the measured Post-Retrofit Weighted Average Accuracy of the installed water meters on an annual basis utilizing the
process described in Schedule 3. Please refer to Schedule 2, Exhibit 10 to review the calculations for billable usage
increase as well as the ongoing measurement and verification protocol.
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Schedule 2
Exhibit 6
CALCULATION OF BASELINE AND PROJECT BENEFITS (continued)
Guarantee
JCl's performance guarantee is based solely on the measured Post-Retrofit Weighted Average Accuracy for a randomly
selected test sample of the meters (annual test sample of 100 meters, or .0078% of 12,831 meters), when applied to the
"Baseline Billable Data" listed in Schedule 2, Exhibit 7. JCI does not however guarantee the performance of individual
water meters.
Schedule 2, Exhibit 9 contains a summary of the meter sizes that are included as part of the guarantee, as well as those
excluded from the guarantee and not tested post-retrofit. No guarantee, either express or implied, is made relative to the
post-retrofit accuracy of meters excluded from the guarantee.
Additionally, JCI makes no guarantee, either express or implied, as to the actual revenue to be achieved post-retrofit since
actual revenues are impacted by variables outside JCI's control. Such uncontrollable variables include weather, droughts,
floods, imposed restrictions, regulatory changes, demographic shifts, industrial base, and utility rates. JCI makes no
representation about Customer's ability to meet its financial commitments to third party financing sources and JCI is not
liable for any obligation of Customer to third party financing sources.
Increased billable usage during the installation period will be based upon the actual percentage of new meters installed
cr month and the manufacturer's stated accuracy for all new meters.
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SChedUleQ
Exhibit 7
PRE-RETROFIT BASELINE BILLABLE DATA
The Table below contains Annual Water Consumption and Revenue from June 2003 to May 2004.
Rate Class Meter Size Accounts Consumption Revenue
Water 0.625" 9826 478,251,037.2 $2,184,929.09
Sewer 0.625" 9826 441,802,174.2 $2,054,137.04
Irrigation 1.0" 2954 467,984,000 $354,480
Water 1.0" 45 5,151,629 $25,185.62
Sewer 1.0" 45 3,320,919 $16,688.73
Water 1.5" 6 3823110 $16,863.59
Sewer 1.5" 6 3396670 $12,351.13
Water 2.0" 36 23155796 $103,034.09
Sewer 2.0" 36 10730536 $49,046.17
Water 4.0" 2 18388964 $72,804.3
Sewer 4.0" 2 18388964 $66,577.33
Water 8.0" 8 92206000 $253,566.50
Total $5,209,663.59
o
The figures shown in the "Revenue" column above correspond to the Total Annual Revenue Baseline (TARB) described in
Schedule 2, Exhibit 8 and will be escalated annually at 2.8% per year throughout the duration of this Agreement.
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Schedule 2
Exhibit 8
PRE-RETROFIT BASELINE CONDITIONS
Baseline WeiQhted AveraQe Meter Accuracy (BWA)
Pre-retrofit accuracy testing was performed on a sample of 130 residential and 29 commercial existing water meters.
These meters were selected at random using a statistical variation analysis tool by JCI and approved by the Customer.
The pre-retrofit accuracy testing was performed in accordance with American Water Works Association (AWWA)
guidelines utilizing the following weighted factors:
15% for low flow rates, 70% for medium flow rates, and 15% for high flow rates
The Baseline Weighted Average Meter Accuracy was then calculated using the following formula:
BWA = (15% * Low Flow Accuracy) + (70% * Medium Flow Accuracy) + (15 % * High Flow Accuracy)
Listed below is a summary of the pre-retrofit testing results:
o
Meter Size Test Quantity Weighted Average
Accuracy
5/8" x :X" 87 89.7%
1.0" 37 90.0%
1.5" 6 93.2%
TOTALS
The actual results of the pre-retrofit accuracy testing appear on Pages 20, 21, and 22 of this Agreement.
Pre-Retrofit Variables (Qenerated for each rate class)
. Total Annual Revenue Baseline (TARB) =
. Baseline Base Charge (BBC) =
. Base Charge Revenue Baseline (BCRB) =
. Variable Revenue Baseline (VRB) =
Revenue generated from billings (Schedule 2, Exhibit 7)
As specified in Schedule 2, Exhibit 4
Number of meters * BBC * 12 months
T ARB - BCRB
The Variable Revenue Baseline (VRB) is the portion that will be impacted by the billable usage increase of this project.
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SCheduleQ
Exhibit 9
POST-RETROFIT METER GUARANTEES & EXCLUSIONS
Listed below is a summary of the various sized water meters from Schedule 1 along with an indication of whether or not
any post-retrofit measurements will be made to verify their accuracy:
Post Retrofit Accuracy Guarantees
Meter Size Quantity Quantity Total Measurement Measurement
Upgraded Replaced Quantity Included Excluded
5/8" x 0/.." 0 9826 9826 X
1.0" 0 45 45 X
1.5" 0 6 6 X
2.0" 36 0 36 X
3.0" 1 0 1 X
4.0" 2 0 2 X
6.0 1 0 1 X
8.0 1 0 1 X
TOTALS
o
For meters shown as "Excluded" from the post-retrofit measurement process, no guarantee, either express or implied, is
made relative to their post-retrofit accuracy andlor any corresponding increase in billable usage.
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Schedule 2
Exhibit 10
POST -RETROFIT CONDITIONS
Post-Retrofit WeiQhted AveraQe Meter Accuracy (PWA)
Post-retrofit water meter testing will be performed annually on .0077% of the meters selected at random by JCI and
approved by the Customer. This equates to annual test sample size of 100 meters (.0077% of 12,872 meters). Similar to
the baseline testing protocol described in Schedule 2, Exhibit 8, the post-retrofit accuracy testing will be performed in
accordance with American Water Works Association (AWWA) guidelines utilizing the following weighted factors:
15% for low flow rates, 70% for medium flow rates, and 15% for high flow rates
The Post-Retrofit Weighted Average Accuracy will then be calculated using the following formula:
PWA = (15% * Low Flow Accuracy) + (70% * Medium Flow Accuracy) + (15 % * High Flow Accuracy)
Guaranteed WeiQhted AveraQe Meter Accuracy (GWA)
The Post-Retrofit Weighted Average Accuracy for each meter size (as calculated above) will then be compared to the
following Guaranteed Weighted Average Meter Accuracy to determine JCI's performance:
Year GWA Year GWA Year GWA
Year 1 99.5% Year 7 97.7% Year 13 95.9%
Year 2 99.2% Year 8 97.4% Year 14 95.6%
Year 3 98.9% Year 9 97.1% Year 15 95.3%
Year 4 98.6% Year 10 96.8%
Year 5 98.3% Year 11 96.5%
Year 6 98.0% Year 12 96.2%
The Post-Retrofit measurement and verification will take place each and every year that the Planned Services Agreement
is still in effect (Schedule 3) and will be followed by the annual Reconciliation process as described on Page 9 of this
agreement (Schedule 2, Paragraph 3). For meters shown as "Excluded" in Schedule 2, Exhibit 9, no guarantee, either
express or implied, is made relative to their post-retrofit accuracy and/or any corresponding increase in billable usage.
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City of Edgewater Performance Contract
SCheduleO
Exhibit 10
POST-RETROFIT CONDITIONS (continued)
Post-Retrofit Variables (~enerated for each rate class)
. Total Annual Revenue Baseline (TARB) =
. Annual Escalation Percentage (AEP) =
. Total Annual Revenue Post-Retrofit (TARP) =
. Baseline Base Charge (BBC) =
. Base Charge Revenue Post-Retrofit (BCRP) =
. Variable Revenue Post-Retrofit (VRP) =
As specified in Schedule 2, Exhibit 8
As specified in Schedule 2, Exhibit 7
TARB * (1 + AEP)
As specified in Schedule 2, Exhibit 4
Number of meters * BBC * 12 months
T ARP - BCRP
Proiect Benefit Calculations to Determine JCI's Performance (~enerated for each rate class)
. Baseline Weighted Average Meter Accuracy (BWA) =
. Post-Retrofit Weighted Average Meter Accuracy (PWA) =
. Guaranteed Weighted Average Meter Accuracy (GWA) =
. Variable Revenue Post-Retrofit (VRP) =
As l'!pecified in Schedule 2, Exhibit 8
As specified on previous page
As specified on previous page
As specified above
. Guaranteed Billable Usage Increase (GBUI) =
. Post-Retrofit Billable Usage Increase (PBUI) =
VRP * GWAI BWA
VRP * PWAI BWA
o
The calculations shown above will be utilized each year for the annual Reconciliation process as described on Page 9 of
this agreement (Schedule 2, Paragraph 3). In the event that PBUI is greater than or equal to GBUI, the Customer hereby
agrees that JCI has fulfilled its guarantee obligation for that particular year of the Agreement. In the event that PBUI is
less than GBUI, a Shortfall situation exists for that particular year of the Agreement and the Shortfall provisions described
on Page 9 of this Agreement (Schedule 2, Paragraph 5) shall apply.
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Schedule 3
SERVICES SCHEDULE
TERM. The term of this Services Schedule shall be 15 years and shall commence on the first day of the month following
the Substantial Completion Date set forth in Schedule 1.
PRICE. The total price for JCI's Services during the term of the agreement can be found in the table below~ This amount
will be paid to JCI in quarterly installments as outlined in Schedule 4 and will be due and payable when the Customer
receives JCI's invoice. Payment will be made in advance of the services JCI is to provide. These services will be
invoiced separately from the lease-purchase agreement payments being sent from the Customer's Lessor.
Service Agreement Costs
Installation
1 $40,485
2 $20,996
3 $21,626
0 4 $22,275
5 $22,943
6 $23,631
7 $24,340
8 $25,071
9 $25,823
10 $26,597
11 $27,395
12 $28,217
13 $29,064
14 $29,935
15 $30,834
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1. SCOPE OF SERVICE. JCI and the Customer agree that the services indicated below will be provided by JCI.
Performance Assurance Services
~ Annually verify the accuracy of .0077% of the water meters specified in Schedule 1 (equates to 100 meters)
~ Testinq process is as follows:
· Send removed meters to factory approved testing facility for accuracy bench test.
· Clean the removed meters and store for the following year.
· If JCI determines that damaged and/or inaccurate meters were not caused by normal wear and tear, City will
be responsible for replacement of these meters.
~ Review of status and operation of energy and operational savings measures implemented by JCI. Implement
corrective actions as needed.
~ Report any operational or retrofit opportunities that would increase energy savings.
Performance Reportinq Services
~ Provide Annual Performance Reports to include:
· Water/sewer billable usage compared to baseline and guarantee targets.
· A summary of the annual meter accuracy testing.
· Operating and future capital savings for period.
· Status of improvement measures implemented by JCI.
o
2. EXTENDED SERVICE OPTIONS FOR PREMIUM AND PRIME COVERAGES. On-site repair services will be
provided during JCI's normal business hours, unless one of the following options is checked:
IJ 24-5 Extended Service--JCI will provide on-site response 24 hours a day, 5 days a week
(Monday thru Friday, except JCI holidays)
IJ 24-7 Extended Service--JCI will provide on-site response 24 hours a day, 7 days a week
(including holidays)
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Q DEFINITIONS. The terms used in this Services Schedule shall be defined as follows:
(a) COVERED EQUIPMENT means the equipment for which services are to be provided under this Services
Schedule and installed under Schedule 1 and any other Covered Equipment Lists attached to this Services
Schedule.
(b) EQUIPMENT FAILURE means the sudden and accidental failure of moving parts or electric or electronic
components that are part of the Covered Equipment and that are necessary for its operation.
(c) SCHEDULED SERVICE VISITS include labor required to perform inspections and preventive maintenance
on Covered Equipment.
(d) SCHEDULED SERVICE MATERIALS include materials required to perform Scheduled Service Visits on
Covered Equipment.
(e) REPAIR LABOR includes labor necessary to restore Covered Equipment to working condition following an
equipment failure and excludes total equipment replacement due to obsolescence or unavailability of parts.
(f) REPAIR MATERIALS include materials necessary to restore Covered Equipment to working condition
following an equipment failure and excludes total equipment replacement due to obsolescence or
unavailability of parts. At JCI's option, Repair Materials may be new, used, or reconditioned. All Repair
Materials are covered by the warranty as described below.
(g) BASIC COVERAGE includes Scheduled Service Visits, plus Scheduled Service Materials if otherwise noted
in this Services Schedule, for Covered Equipment.
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(h) PREMIUM LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair Material
if otherwise noted in this Services Schedule, for Covered Equipment.
(i) EXTENDED SERVICE includes extended service for repairs and is available only if Customer has
PREMIUM or PRIME coverage. The price for Extended Service, if chosen by Customer, is part of the total
price Customer will pay. Should a defect be found during an Extended Service visit that JCI is not
responsible for under this Services Schedule; Customer agrees to pay JCI's standard fee for any services
rendered. Should Repair Labor or Repair Materials be performed in periods beyond the Extended Service
period, Customer agrees to pay JCI's standard fee for any services rendered beyond the Extended Service
period. PRIME LEVEL COVERAGE includes BASIC COVERAGE as well as Repair Labor, plus Repair
Materials if otherwise set forth in this Services Schedule, for Covered Equipment consisting of centrifugal,
absorption, or screw chillers. PRIME LEVEL COVERAGE also includes Repair Labor, and Repair Materials
if otherwise set forth in this Services Schedule, for diagnosed imminent equipment failure as well as actual
equipment Failure.
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U)
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EXTENDED SERVICE includes extended service for repairs and is available only if Customer has
PREMIUM or PRIME coverage. The price for Extended Service, if chosen by Customer, is part of the total
price Customer will pay. Should a defect be found during an Extended Service visit that JCI is not
responsible for under this Services Schedule; Customer agrees to pay JCl's standard fee for any services
rendered. Should Repair Labor or Repair Materials be provided in periods beyond the Extended Service
period, Customer agrees to pay JCl's standard fee for any services rendered beyond the Extended Service
period.
4. INITIAL EQUIPMENT INSPECTION FOR PREMIUM OR PRIME COVERAGES. JCI will inspect the Covered
Equipment within 45 days of the date of this Services Schedule or as seasonal or operational conditions permit. JCI
will advise Customer if JCI finds any Covered Equipment not in working order or in need of repair. With the
Customer's approval, JCI will perform the work necessary to put the Covered Equipment in proper working condition.
To the extent that Covered Equipment is not subject to warranty or other obligation of JCI for its repair, this work will
be done at JCI's standard fee for parts and labor in effect at that time. If the Customer does not want JCI to do the
work identified by JCI, or if Customer does not have the work done, the Covered Equipment will be removed from the
list of Covered Equipment and the price of this Services Schedule will then be adjusted.
5. CUSTOMER OBLIGATIONS AND COMMITMENTS TO JCI. The Customer warrants that, to the best of Customer's
knowledge, all Covered Equipment is in good working condition and the Customer has given JCI all information of
which Customer is aware concerning the condition of the Covered Equipment. The Customer agrees that, during the
term of this Services Schedule, the Customer will:
(a) operate the Covered Equipment according to the manufacturer's recommendations;
(b) keep accurate and current work logs and information on the Covered Equipment as recommended by thO
manufacturer;
(c) provide an adequate environment for Covered Equipment as recommended by the manufacturer or as
recommended by JCI, including adequate space, electrical power, air conditioning, and humidity control;
(d) notify JCI immediately of any Covered Equipment malfunction, breakdown, or other condition affecting the
operation of the Covered Equipment;
(e) allow JCI to start and stop, periodically turn off, or otherwise change or temporarily suspend equipment operations
so that JCI can perform the services required under this Services Schedule; and
(f) provide proper condenser and boiler water treatment, as necessary, for the proper functioning of Covered
Equipment, if such services are not JCI's responsibility under this Services Agreement Schedule.
The Customer acknowledges that its failure to meet these obligations will relieve JCI of any responsibility for any
breakdown, or any necessary repair or replacement, of any Covered Equipment and may require adjustments under
Schedule 2, Assured Performance Guarantee Schedule.
6. CHANGES TO COVERED EQUIPMENT. To the extent permitted under the Performance Contract, the Customer
retains the right to make changes or alterations to the Covered Equipment. If, in JCI's opinion, such changes or
alterations substantially affect JCI's services or obligations, JCI shall have the right to make appropriate changes to
the scope or to the price of this Services Schedule or to both.
7. ACCESS. The Customer will give JCI full access to all equipment that is either Covered Equipment or associated
with it when JCI requests such access. If access cannot be provided, JCI's obligations under this Services Schedule
will be suspended until such access to the equipment is provided. Matters affecting JCI's access to the equipment
may include, but are not limited to, the removal, replacement, repair, refinishing, restoration, reconstruction, or other
remedial actions taken by the Customer with respect to Covered Equipment or to the Customer's facility. Suspension
of JCI's duties for this reason will not cancel or suspend any of the Customer's obligations under this Services
Schedule.
o
8. EXCLUSIONS. JCI's services under this Services Agreement Schedule do not include:
(a) supplies, accessories, or any items normally consumed during the use of Covered Equipment, such as
ribbons, bulbs, and paper;
Johnson Controls Confidential
Page 26 of 31
0~HNSON
CO~LS
City of Edgewater Performance Contract
u
(b) calls resulting from lack of operator-level preventive maintenance, site-related problems, or operator error;
(c) service calls due to failures resulting from acts of God, abuse or misuse of Covered Equipment, or alterations,
modifications, or repairs to Covered Equipment not performed or provided by JCI;
(d) the furnishing of materials and supplies for painting or refinishing Covered Equipment;
(e) electrical work to the Customer's facility necessary because of Covered Equipment;
(f) service calls resulting from attachments made to Covered Equipment or other equipment not covered by this
Services Schedule;
(g) the repair or replacement of ductwork, casings, cabinets, structural supports, tower fill/slats/basin, hydronic
and pneumatic piping, and vessels, gaskets, and piping not normally replaced or maintained on a scheduled
basis, and removal of oil from pneumatic piping;
(h) service calls resulting from the effects of erosion, corrosion, acid cleaning, or damage from unexpected or
especially severe freezing weather that is beyond what is prevented by JCI's normal maintenance;
(i) work caused by any operation of, adjustments to, or repair to, Covered Equipment by others not authorized in
advance by JCI;
U) work caused by the negligence of others, including but not limited to equipment operators and water
treatment companies;
u
(k) service calls due to failures caused by improper environmental conditions affecting Covered Equipment or
electrical power fluctuations, if due to conditions beyond JCl's control, and service calls required because JCI
had previously been denied access to the Covered Equipment; and
(I) disposal of hazardous wastes. Hazardous wastes remain the property and the responsibility of the Customer
even when removed from equipment or replaced by JCI as provided by the terms of this Services Schedule.
The Customer shall be responsible for the proper storage and disposal of hazardous wastes. This includes,
but is not limited to, used oil, contaminated or uncontaminated refrigerant, and PCBs.
City of Edgewater Government
Johnson Controls, Inc.
Signature:
Signature:
Printed Name: Donald A. Schmidt
Printed Name: Joel Lowery
Title: Mayor
Title: Regional Solutions Manager
Date:
Date:
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Johnson Controls Confidential
Page 27 of 31
0~HNSON
CONTR~LS
City of Edgewater Performance Contract
Schedule 0
PRICE AND PAYMENT TERMS INFORMATION
1. PAYMENT FOR INSTAllATION: As payment for the Scope of Work described in Schedule 1, JCI will submit
monthly invoices to the Customer's Finance partner, as outlined below:
MONTH DUE DATE % MONTHLY CUMULATIVE
Mobilize
1 March 1 70%
2 April 1 5%
3 May 1 5%
4 June 1 5%
5 July 1 5%
6 August 1 0
7 September 1 0
8 October 1 5%
9 November 1 5%
TOTAL 100%
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Final payment, constituting the entire unpaid balance for the Work, shall be made to JCI within thirty (30) days after
the Substantial Completion Date. Payments may be withheld on account of any breach of this Agreement by JCI and
claims by third parties (including JCI subcontractors and material suppliers), but only to the extent that written notice
has been provided to JCI and JCI has failed, within ten (10) days of the date of receipt of such notice, to provide
adequate security to protect Customer from any loss, cost, or expense related to such claims.
2. CUSTOMER PURCHASE ORDERS. The Customer acknowledges and agrees that any purchase order issued by
Customer, in accordance with this Agreement, is intended only to establish payment authority for the Customer's
internal accounting purposes. No purchase order shall be considered to be a counteroffer, amendment, modification,
or other revision to the terms of this Agreement. No term or condition included in the Customer's purchase order will
have any force or effect. The Customer further agrees to assist JCI in the material purchasing process in order to
take advantage of the Customer's tax-exempt status and help the Customer avoid paying sales tax.
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Johnson Controls Confidential
Page 28 of 31
0~HNSON
CONTR~LS
City of Edgewater Performance Contract
o PAYMENT FOR SERVICES: The annual contract amounts for our Planned Services Agreement are listed in the
table below and described in greater detail in Schedule 3.
Year Start Amount Year Start Amount
Installation March 1, 2005 $11,538 9 December 1, 2013 $25,823
1 December 1, 2005 $40,485 10 December 1, 2014 $26,597
2 December 1, 2006 $20,996 11 December 1, 2015 $27,395
3 December 1, 2007 $21,626 12 December 1, 2016 $28,217
4 December 1, 2008 $22,275 13 December 1, 2017 $29,064
5 December 1, 2009 $22,943 14 December 1, 2018 $29,935
6 December 1, 2010 $23,631 15 December 1, 2019 $30,834
7 December 1, 2011 $24,340
8 December 1, 2012 $25,071
4. ELECTRONIC FUNDS TRANSFER (EFT). In order to streamline the payment process for both the Customer and for
JCI, arrangements have been made for our annual Planned Service Agreement payments to be wired directly to the
bank via EFT utilizing the following information.
Q PLEASE ENSURE THAT INVOICE NUMBER(S) BEING PAID ARE LISTED.
COMPANY INFORMATION:
TELEPHONE NUMBER:
FAX NUMBER:
EMPLOYEE 10 #:
FINANCIAL INSTITUTION:
ROUTING TRANSIT #:
DEPOSITOR ACCOUNT #:
TYPE OF ACCOUNT:
Q
Johnson Controls Confidential
Johnson Controls, Inc.
P.O. Box 2012
Milwaukee, Wisconsin 53201-2012
(414) 524-3666
(414) 524-3515
39-038-0010
Bank One
One First National Plaza
Chicago, Illinois 60670
071000013
55 - 14347
Checking
Page 29 of 31
0~HNSON
CONTR~LS
City of Edgewater Performance Contract
City of Edgewater Government
Johnson Controls, Inc.
o
Signature:
Signature:
Printed Name: Donald A. Schmidt
Printed Name: Joel Lowery
Title: Mayor
Title: Regional Solutions Manager
Date: February 9, 2005
Date:
o
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Johnson Controls Confidential
Page 30 of 31
0~HNSON
CONTR~LS
City of Edgewater Performance Contract
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Schedule 5
PRODUCT INFORMATION SCHEDULE
The following pages contain product information for the scope of work defined in Schedule 1.
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Johnson Controls Confidential
Page 31 of 31
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AGENDA REQUEST
Date: March 1. 2005
PUBLIC HEARING
CONSENT
RESOLUTION
OTHER BUSINESS
x
ORDINANCE
CORRESPONDENCE
ITEM DESCRIPTION:
Reclaimed Water Trunkline, Phase 1, Bid # 05-WW-Ol
Recommendation for Bid A ward
BACKGROUND:
On January 16,2005, the City of Edgewater advertised in the Daytona News Journal and the Orlando
Sentinel for bids for the construction of the Reclaimed Water Trunkline, Phase 1. On Thursday,
February 17,2005, the City of Edgewater received two bids from contractors licensed in the State of
Florida.
STAFF RECOMMENDATION:
After the review of the two submitted bids by Staff and the engineer for the project (Quentin L.
Hampton) Staff recommends the low bidder for the job, Wiring Technologies, Inc., of Altamonte
Springs be issued a Notice of Intent to Award for the City of Edgewater's Reclaimed Water
Trunkline, Phase 1, Bid #05- WW -01 based on a total bid proposal of $831 ,40 1.50.
The need for the Reclaimed Water Trunkline is due to the high reclaimed water demand during the
peak demand periods, causing low pressure for residents located in the south end of Florida Shores.
ACTION REQUESTED:
A motion to authorize a Notice ofIntent to A ward to Wiring Technologies, Inc., for the Reclaimed
Water Trunkline, Phase 1 at a bid proposal amount of $831,401.50 and to authorize the City
Manager to execute the contract documents on behalf of the City upon receipt of insurance, bonds
and other documents.
FINANCIAL IMPACT: (FINANCE DIRECTOR) $831,401.50
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
N/A
AGENDA ITEM NO.
Respectfully submitted,
~\}.l\;J~
Terry Wadsworth
Di cf()r of Envi ervlces
Concurrence:
Robin Matusick
LegaJAssistan~
~l ,
Kenneth R. Hooper
City Manager
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I" ,",..l. ~. \.~ " r>~_ \ :\,~ "- \. ., ~c... l "-'- j~ ~ '-^-"\....\,,).~ ~ \
, ......... ~ '-'\... '. ~ "\"v.. ~o.. <:..:'-':.. c... ~ '\... - ""- '\.... "-.J ~ o.........~ \)
Wirine: Technoloe:ies. Inc.
References for Bid #05-WW-Ol
1. Tom Willie, B & H Engineering (City of Center Hill)
(352-793-2113)
· Worked with company on three different jobs, starting a fourth with them
shortly.
· Happy with end product on all jobs.
· All projects came in at budget or under. Any change order was brought about
due to the Owner not the Contractor.
2. Tom Willie, B & H Engineering (City of Center Hill)
(352-793-2113)
· Same information as above
3. Erwin Gejentan, City of Eustis
(352-357-5618)
· Projects completed by the terms outlined in the bid
· Contract has been used for multiple projects
· Change orders were due to Owner
· Happy with directional bore drilling work done
· Happy with the end product
4. Roger Densberger, City of Altamonte Springs
(407-571-8335)
. Happy with end product
· Significant issues with the supervision of the subcontractors in the field
· Scheduling problems which led to the project not being completed in a timely
manner
· There were significant change orders, some were expected and not all were
the fault of the Contractor
· The addressing of the change orders took place with the owner, Tom Oden,
(this allowed for a smooth processing)
· Communications with Project Manger was good (handled issues with
residents well)
5. Ed Gardulski, City of Cape Canaveral
(321-868-1240)
. Happy with service
. Been using Contractor for a year now
. No issues with change orders
. Change orders initiated by owner
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6. Tom Kucharczyk, St Johns County
(904-471-2161 )
. Very happy with end product
. One change order (due to DOT required the replacing of driveways. Also
additional piping required because of conflicts with other utilities)
. Change order was the result of unforeseen issues
7. Brad Bell, Orange City Utilities
(407-947-9702)
. Adequate Contractor with directional drilling
. All projects came in at budget or under budget
. Only issues would be with minor delays caused by the pulling of crews (to
work on other projects)
'->
8. Doug Ballin, Florida Hospital
(321-229-1715)
. Happy with work
. Has been using this company as the main Contract for past five years
. No issues with pricing, projects either came in at budget or under
. Any change orders were initiated by Owner (due to changes made by the
Owner)
9. Steve Danskine, City of Ormond Beach
(386-615-7047)
. Happy with end product
. Crew worked well with employees
. Issues with completion of job by terms outlined
. The Contractor has worked on two projects for the City
. One project is currently six months overdue and the same was the case with
the other project
. Issues only with closing out the project (waiting on the as built drawing and
final invoice)
. No issues with change orders
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AGENDA REQUEST
Date: February 28, 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
CONSENT
OTHER
BUSINESS March 7, 2005
CORRESPONDENCE
ITEM DESCRIPTION:
Motion to approve an equipment lease agreement with Pitney Bowes, Inc. for the Documatch
Integrated Mailing System.
BACKGROUND:
Staff has determined that it is in the best interest of the City and its Citizens to enter into a lease
agreement between the City and Pitney Bowes Inc. for a Documatch integrated mailing system. The
system will integrate with the new Utility Billing Software purchased from HTE Inc. to allow utility
bills to be printed on standard 8 112" x 11" formatted stock paper, folded, and inserted into a
standard envelope, along with a preprinted return envelope. The Documatch system will insure the
privacy of utility bill mailings, increase staff productivity, and will allow a monthly newsletter to
accompany the bill; delivering timely information to the Citizens of Edge water, and saving the cost
ofbi-monthly newsletter mailings.
STAFF RECOMMENDATION:
Staff respectfully recommends that Council consider approval of the lease between the City of
Edgewater and Pitney Bowes Inc. and authorize the City Manger to execute the lease agreement in
the amount $2,201.00 per month, which will be offset by savings of $2,212.00 from newsletter
production and mailing.
ACTION REQUESTED:
Approval ofthe lease agreement between the City ofEdgewater and Pitney Bowes Inc. and authorize
the City Manger to execute the lease agreement in the amount $2,201.00 per month.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
.
~
DATE: 02/28/2005
AGENDA ITEM NO.
Respectfully submitted,
Ed- 4'N
~Willlams
Finance Director
Concurren<;e:
~~,~.rl\:
Robin L. atusick
Legal Assistant/Paralegal
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Kenneth R. Hooper
City Manager
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~ Your Business Intonnatlon
F EGAL NAME OF RENTER e I
STATE AND LOCAL GOVERNMENT TERM RENTAL AGREEMENT
nemal Accoum #
)"
;\lli;;.
=nrn= Pitney Bowes
1
BILLING ADDRESS
CAN # ~15"5/7~O'<'03 ORDER #
DBA NAME
ZIP+4 '3
CITY 6J~
CONTACT NAME JON WI I A-M.J'
SEND INVOICE TO ATTN OF
EQUIPMENT LOCATION IF NOT SAME AS ABOV
CITY
STATE
ZIP+4
CREDIT CARD #
EXP DATE
NAME ON CARD
TYPE
TAX EXEMPT #
FISCAL PERIOD FROM
TO
RENTER PO #
~
Your Business Needs
CHECK ITFMS TO BE INCLUDED IN YOUR PERIOD PAYMENT
~ Equipment Maintenance Agreement On Rental
o Soft-Guard Agreement
o Software Maintenance Agreement
o Meter On Rental
(ii'e\\
'2:~
Payment Schedule I Billing
~ Your Payment Plan
Initial Rental Term: #/JWI1:tILJ
Frequency 0 Monthly 0 Quarterly 0 Other (specifY.
~ Rental Tenus and Conditions
By your signature as "Renter" below, you request that we rent to you the equipment described above or on any schedule
attached hereto (the "Equipment") for essential governmental purposes in consideration of your payment to us of the amounts
. set fDrth in the PaymeQt Schedule, subject tD the terms and conditiDns provided in this Agreement. For purposes of this
Agreement, all payments set forth in the Payment Schedule shall be referred tD as the "TDtal Payments." The payments
referred tD in the Payment Schedule Dther than the "Rnal Payment" shall be referred tD singularly as a "Period Payment"
and collectively as the "P~riod Payments." Your offer will be binding Dn us when we accept it by having an authorized
employee sign it. All payments hereunder shall be payable only to us at Dur executive Dffices unless we direct you
otherwise in writing. :t.
1. NONcAPPROPRIATlON. YDU warrant that you have funds available tD pay the TDtal Payments until the end Df your
current fiscal periDd, and shall use YDur best efforts to obtain funds tD pay the Total Payments In each subsequent fiscal
periDd through the end Df your Initial Term. ij your appropriation request tD your legislative body, Dr funding authDrity
("Governing Body") for funds tD pay the Total Payments is denied, you may terminate this Agreement on the last day of the
fiscal periOd for which funds have been appropriated, upDn (ij submission of documentatiDn reasonably satisfactory to us
evidencing the Governing Body's denial of an appropriation sufficient to continue this Agreement for the next succeeding
fiscal period, and (ii) satisfaction of all charges and obligations under this Agreement incurred through the end of the fiscal
period for which funds have been appropriated, including the return of the EqUipment at your expense.
Rrst months $ per month
Next months $ per month
Next months $ per month
Rnal Payment $ 100.00
Initial Check Amount $
SIGNATURE
PRINT NAME
TITLE
EMPLOYEE #
DATE
DISTRICT NAME & # rJR.f..I1,tJIJ
JB ACCEPTED BY TITLE DATE
'" .,
9<ECUTlVE OFFICE: 27 WATERVIEW DR · SHELTON, CT 06484-4361 · EQUIPMENT VENDOR: PITNEY BOWES, INC. . FOR SALES AND SERVICE CALL 1-800-322-8000
WHITE COPY PBCC · PINK COpy PITNEY BOWES INC. . YELLOW COPY CUSTOMER
PAGE 1 . . I
'B SLR2 (8/01) SEE PAGE 2 FOR ADDITIONAL TERMS AND CONDITIONS
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AGENDA REQUEST
C.A. NO.: 2005-051
Date: February 25, 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS 03/07/2005
ITEM DESCRIPTION:
Special (Corrective) Warranty Deeds
Larry & Marcia Harris, 613 North Riverside Drive
Jonathan & Karin Proffitt, 607 North Riverside Drive
BACKGROUND:
On July 19, 1993, pursuant to Resolution #93-R-17, Council abandoned the unopened portion of
Sanchez Avenue (excluding the 150' area for the pedestrian park). The abutting property owners
executed the Sanchez Avenue Agreement in which they stipulated to deed the "park" property back
to the City and to utilize their portion of the abandoned area for wetland restoration and mitigation.
It has been found that the Warranty Deeds executed in November 1992 reflected incorrect legal
descriptions. The property deeded back to the City was the entire portion of the abandonment, not
the park area.
The attached Special Warranty Deeds reflect the corrected legal description for each abutting
property owner and excludes the park area. Each deed further stipulate to the restrictions contained
in the Sanchez A venue Agreement.
STAFF RECOMMENDATION:
Staff recommends approval and execution by the Mayor of the Special Warranty Deeds to correct
the legal descriptions relating to the Sanchez abandonment.
ACTION REQUESTED:
Motion to approve and authorize the Mayor to execute the Special Warranty Deeds.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
DATE:
AGENDA ITEM NO.
Respectfully submitted,
Concurrence:
NO X
~'~~~
Robin 1. Matusick
Legal Assistant/Paralegal
Kenneth R. Hooper
City Manager
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This Instrument Prepared By:
Thomas D. Wright, Esquire
340 North Causeway
New Smyrna Beach, FL 32169
Parcel Identification No. 7450-05-00-0160
u
SPECIAL WARRANTY DEED
This Indenture, Made this
day of February, 2005, Between
CITY OF EDGEW A TER, A Florida Municipality, whose post office address is Post Office Box 100,
Edgewater, Florida 32132, grantor*, and
LARRY E. HARRIS and MARCIA J. HARRIS, his wife, whose post office address is 613 North Riverside
Drive, Edgewater, Florida 32132.
WITNESSETH, That said grantor, for and in consideration of the sum ofTEN DOLLARS ($10.00),
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's
heirs and assigns forever, the following-described land, situate, lying and being in Volusia County,
Florida, to-wit:
'Filled and semi-submerged land lying easterly of the northerly half of Sanchez Avenue a 5O-foot right of wa as shown .. _. .. u -..... . ...... I
Public Records of Volusla County, Florlda, and being more particularly descrlbed as foll~: Commence at ~~ norlhwe t~lat of P~~METTO P~RK, recorded In Map Book 5, Page 184 of the
East, along the northerly line of said Lot 45A, a distance of 135.00 feet to the orlginal shore line of the Indian River No~'~encom~~o C:45~ S~'d PALMETTO ~ARK: thence North 690 45' 00.
of 25.88 feet for the Point of Beginning; thence continue North 05015' 18. W, along said orlglnal shoreline a distance of 25 88 ~ tt r::; 05 ~ 18 West, along said orlglnal sh<1rellne, a distance
thence North 69" 45' 00. East, along the easterly prolongation of the southerly line of said Lot16A, a dlsiance of 235 04 f~ett e~ oM e sOHI ~~terlY comer of Lotl6A, said PALMEJTO PARK,.
South 520 54' 52. East, along said Mean High Water Elevation, a distanc8 of 28.38 fee~ thence South 590 12' 38. West alo 0 ~d ~an ~ h ~ter Elevation of th~ Indian RIver North; thence
South 690 45' 00. West, a distance of 251.00 feello the Point of Beginning. ' ng sa ean g ater Elevation, a distance of8.15 feet, thence
o
This deed is being executed and delivered to correct the conveyances made in the deeds recorded at
Official Records Book 3851, Page 4181, Official Records Book 3851, Page 4182, and Official Records
Book 3851, Page 4183, Public Records of Volusia County, Florida, which may have inadvertently
included the property described herein.
This conveyance is, subject, however, to the covenant, which shall run with the land, that the grantees
shall be permitted to use the subject property only for wetland restoration and mitigation as provided for
in the Sanchez Avenue Agreement recorded in Official Records Book 3851, Page 4186, Public Records
of Volusia County, Florida,
And said grantor does hereby covenant that the premises are free from. all encumbrances made by
grantor, and that grantor will warrant and defend the same against the lawful Claims and demands of all
persons claiming by, through or under grantor, but against none other. *"Grantor" and "Grantee" are
used for singular or plural, as context requires.
IN WITNESS WHEREOF, grantor has hereunto set grantor's hand the day and year above written
Witness
Printed Name:
CITY OF EDGEWATER
A Florida Municipal Corporation
u
BY:
rSEAL]
Witness
Printed Name:
DONALD A. SCHMIDT, Mayor
ATTEST:
BY:
SUSAN J. WADSWORTH, City Clerk
rSEAL]
STATE OF FLORIDA
COUNTY OF VOLUSIA
I hereby certify that on this day before me, an officer duly qualified to take acknowledgments,
personally appeared DONALD A. SCHMIDT and SUSAN J. WADSWORTH, Mayor and City Clerk of
the CITY OF EDGEW A TER, FLORIDA, A Florida Municipality, to me personally known to be the persons
described in, and who have acknowledged that as such Mayor and City Clerk, and for and on behalf of
the City of Edgewater, each signed the foregoing on the date and year herein written pursuant to the
authority vested in them by said municipality.
Witness my hand and seal this day of February, 2005.
Notary Public
Printed Name:
My commission expires:
{affix notary seal}
111UON U3A/U NPrON/
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,.
This Instrument Prepared By:
Thomas D. Wright, Esquire
340 North Causeway
New Smyrna Beach, FL 32169 .
Parcel Identification No. 7450-05-00-0451
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SPECIAL WARRANTY DEED
This Indenture, Made this
day of February, 2005, Between
CITY OF EDGEW A TER, A Florida Municipality, whose post office address is Post Office Box 100,
Edgewater, Florida 32132, grantor*, and
JONATHAN E. PROFFITT and KARIN J. PROFFITT, his wife, whose post office address is 607 North
Riverside Drive, Edgewater, Florida 32132.
WITNESSETH, That said grantor, for and in consideration of the sum ofTEN DOLLARS ($10.00),
and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt
whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's
heirs and assigns forever, the following-described land, situate, lying and being in Volusia County,
Florida, to-wit:
o
Ailed and semi-submerged land lying easterly of the southerly half of Sanch~z Avenue a 50-foot rlght of as shown on I t f P ...... I
Public Records of Volusia County, Florida, and being more particularly described as foll~' Commence e~~ n rth t ~ P a 0 ~~~~ PARK, recorded in Map Book 5, Page 184 of the
East, elong the northerly line of said Lot 4SA, e distance of 135.00 feet to the origlnel shore 'line of the IndIen RIv 0 N::s ':J comer 0 ot said PALMETTO PARK; thence North 69" 45' 00'
orlginal shoreline, a distance of 25.86 fee~ thence North 6go 45' 00' Eest a distance of 251 00 feet to the Mea~~i h we t f~~thetlPoln~~B~glnning; thence North 050 15' 18'Wes~ along said
along said Mean High Water Elevation, a distance of 11.16 feet; thence South 02" 28' 48" Wes~ alon said Mean ~i h ~er eve o~ 0 e ndlan River North; thence South 59" 12' 38' Wes~ I
said northerly line of Lot 4SA, thence South 690 45' 00' West, along s~ld easterly'prolongatlon, a dlstan~ of 237.10 fe~t to ~~rp~::~~:g~n~~:~ce of 24.89 feet to the easterly prolongation of I
i
I
This deed is being executed and delivered to correct the conveyances made in the deeds recorded at
Official Records Book 3851, Page 4181, Official Records Book 3851, Page 4182, and Official Records
Book 3851, Page 4183, Public Records of Volusia County, Florida, which may have inadvertently
included the property described herein.
This conveyance is, subject, however, to the covenant, which shall run with the land, that the grantees
shall be permitted to use the subject property only for wetland restoration and mitigation as provided for
in the Sanchez Avenue Agreement recorded in Official Records Book 3851, Page 4186, Public Records
of Volusia County, Florida,
And said grantor does hereby covenant that the premises are free from all encumbrances made by
grantor, and th.at grantor will warrant and defend the same against the lawful Claims and demands of all
persons claiming by, through or under grantor, but against none other. *"Grantor" and "Grantee" are
used for singular or plural, as context requires.
IN WITNESS WHEREOF, grantor has hereunto set grantor's hand the day and year above written
Witness
Printed Name:
CITY OF EDGEW A TER
A Florida Municipal Corporation
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BY:
rSEAL]
Witness
Printed Name:
DONALD A. SCHMIDT, Mayor
ATTEST:
BY:
rSEAL]
STATE OF FLORIDA
COUNTY OF VOLUSIA
I hereby certify that on this day before me, an officer duly qualified to take acknowledgments,
personally appeared DONALD A. SCHMIDT and SUSAN J. WADSWORTH, Mayor and City Clerk of
the CITY OF EDGEW A TER, FLORIDA, A Florida Municipality, to me personally known to be the persons
described in, and who have acknowledged that as such Mayor and City Clerk, and for and on behalf of
the City of Edgewater, each signed the foregoing on the date and year herein written pursuant to the
authority vested in them by said municipality.
Witness my hand and seal this day of February, 2005.
SUSAN J. WADSWORTH, City Clerk
Notary Public
Printed Name:
My commission expires:
{affix notary seal}
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TENTATIVE AGENDA ITEMS
\\,~.
MAR 21
1) Final Plat, Edgewater Lakes
2) Res #2005-R-, Carson abandonment
3) Joseph Wagner appealing P&Z Board's denial of variance
4) Approval of2005 Goals/Objectives to provide direction for staff to assist in implementation
APR4
1) 151 Reading, Ord #2005-0-, Airpark-Massey area rezonings
2) Res. No. 2005-R-, Amending Personnel Policy and Procedures
APR18
1) 2nd Reading, Ord #2005-0-, Airpark-Massey area rezonings
2) 151 Reading, Ord #2005-0-, Comp Plan Amend, Halstead, 2.3 :!: acres
3) 151 Reading, Ord #2005-0-, Zoning Map Amend, Halstead, 2.3 :!: acres to RPUD
4) 151 Reading, Ord #2005-0-, Comp Plan Amend, Targator (Tim Howard, 2 acres
5) 151 Reading, Ord #2005-0-, Zoning Map Amend, Targator (Tim Howard), 2 acres to RPUD
MAY 2
1) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Halstead, 2.3 :!: acres
2) 2nd Reading, Ord #2005-0-, Zoning Map Amend, Halstead, 2.3 :!: acres to RPUD
3) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Targator (Tim Howard, 2 acres
4) 2nd Reading, Ord #2005-0-, Zoning Map Amend, Targator (Tim Howard), 2 acres to RPUD
MAY 16
1) 151 Reading, Ord #2005-0-, Comp Plan Amend, Herman
2) 151 Reading, Ord #2005-0-, Rezoning, Herman
3) pI Reading, Ord #2005-0-, {Large Scale}Comp Plan Amend, Storch/Hickey - Med Density Residential
4) 151 Reading, Ord #2005-0-,{Large Scale }Comp Plan Amend, Storch/Belmont-
5) 151 Reading, Ord #2005-0-, Rezoning - Storch/Hickey - RPUD
6) 151 Reading, Ord #2005-0-, Rezoning - Storch/Belmont - RPUD
7) 151 Reading, Ord #2005-0-, Comp Plan Amend, Sfera - Commercial
8) 151 Reading, Ord #2005-0-, Comp Plan Amend, Kayat - Industrial
9) 151 Reading, Ord #2005-0-, Comp Plan Amend, Jalbert - 12 acres
10) 151 Reading, Ord #2005-0-, Comp Plan Amend, Jalbert - 1 acre
11) 151 Reading, Ord #2005-0-, Rezoning, Jalbert
j
JUN6
1) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Herman
2) 2nd Reading, Ord #2005-0-, Rezoning, Herman
JUN 20
JUL18
1) Text Amendment, LDC Changes (TA-0401)
Rev. 3/01/05
I:\Iiz _ docs\outlines\aitems032105
The following are waiting on comments from DCA pursuant to May 16 transmittal:
1) 1 sl Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Storch/Hickey - Med Density Residential
2) 1 sl Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Storch/Belmont -
3) 1 sl Reading, Ord #2005-0-, Rezoning - Storch/Hickey - RPUD
4) 1 sl Reading, Ord #2005-0-, Rezoning - Storch/Belmont - RPUD
5) 1 sl Reading, Ord #2005-0-, Comp Plan Amend, Sfera - Commercial
6) 1 sl Reading, Ord #2005-0-, Comp Plan Amend, Kayat - Industrial
7) 1 sl Reading, Ord #2005-0-, Comp Plan Amend, Jalbert - 12 acres
8) 1 sl Reading, Ord #2005-0-, Comp Plan Amend, Jalbert - 1 acre
9) 1 sl Reading, Ord #2005-0-, Rezoning, Jalbert
o
o
o
Rev. 3/01/05
j:\Iiz _ docs\outlines\ailems032105
;.
,.
RE C ElVI n
IIAN U 1 ZUU!
BIKEWEEK 2005 NOISE LEVEL READINGS
Gr y <
4-Mar-05 No Name Saloon
LOCATION
TIME 1 {65.0} 2 {60.0} 3 mo.O} 4 {65.0} 5 {60.0}
1 :15 60.3 54.2 53.7 59.3 50.2 Band
21:36 53.6 53.6 53.8 60.2 52.3 Band
3:20 59.8 53.5 53.4 58.1 52.1 Band
4:10 57.7 52.8 52.2 58 52.1 OJ/Music
5:20 56.8 53.3 53.4 57.1 52.4 OJ/Music
6:10 58.4 54.1 54.4 61.8 51.1 OJ/Music
7:20 61.6 54.5 54.4 63.8 52.4 Band
8:20 51.3 52.2 52.8 57.7 51.7 OJ/Music
8:50 64.4 Band
Notes 6:20 Mr. Sahakian (116 Boston) unhappy with noise from bands, pipes
and litter that is generated from events.
7:40 Security supervisor inqured about levels (63.8). He will lower the
volume to be safe.
9:00 Outside OJ/Music ended.
5-Mar-05 No Name Saloon
Location
Time 1 {65.0} 2 {60.0} 3 {60.0} 4 {65.0 } 5 {60.0}
1:20 63.8 54.1 53.1 62.7 52.3 Band
2:25 63.4 52.7 53.1 57.3 48.3 Band
3:20 62.8 53.6 54.2 62 53.6 Band
4:05 50.2 49.6 54.1 56.2 54.1 OJ/Music
5:05 59.6 50.9 53.7 63.5 53 Band
6:15 57.7 52.4 53.2 58.2 51.2 Band
7:20 57.6 53.1 53.8 53.9 62.8 Band
8:15 61.4 54.3 53.8 63.8 50.8 Band
8:50 Outside band for the evening has stopped.
9:00 Banana eating contest is going to begin/OJ only.
.Q.
c.'-"
c... c ..>J'I'
...L ,
'Feb-24-05 02:53pm From-Foley & Lardner
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T-ll0 P.D01/006 F-562
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FOLEVILARDNER
..",
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Date: Thursday, February 24,2005
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re: Oak Hill/City of Edgewater
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F L.EY & LARDNER
Feb-Z4-05 OZ:53pm From-Foley & Lardner
407 6481743
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IN THE CIRCUIT COURT, S WNTH
JUDICIAL CIRCUIT, IN FOR
VOLUSIA coUNTY, FLORIDA
CASE NO: 2004-20003-CINS
2004-20008-CINS
coUNTY OF VOLUSlA, FLORIDA,
--.-~;~.~. -
.ro. ..... ..__.":.~.-"
Petitioner,
Respondent.
I' ,--
'\
vs.
CITY OF OAK HILL, FLORIDA,
FED 4 2005
FoLfY
I
-~ -
CITY OF EDGEW ATER. FLORIDA
Petitioner,
vs.
CITY OF OAK HILL, FLORIDA,
Respondent.
I
ORDER GRANTlliG IN EART AND DENYING IN PART
PETITIONS FOR WRIT OF CERTIORARI
THIS MA TfER came on to be heard before the Court upon the filing of
Volusia's and the City of Edge water's "Petitions for Writ ofCertiorari.." The Court
the petitions and responses and has been otherwise been advised of the premises at ral argument
on December 10,2004. The Court has jurisdiction over this matter pursuant to se 'on 171.081,
Florida. Statutes (2003) and Florida Rule of Appellate Procedure 9.1 OO( c) (2).
. Feb-24-05 02:53pm From-Foley & Lardner
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PROCEDURAL HISTORY
On December 8, 2003, the City of Oak Hill (Oak Hill), upon the prope owners'
voluntary petition for annex.ation, adopted Ordinance number 2003-18, which amende the city
boundaries to incorporate thirty-nine (39) parcels of land, all located near the existing ity limits
and within the unincorporated area of the County of Vol usia (Volusia County).l
On January 5, 2004, Volusia County filed a "Petition for Writ of Statutory
challenging the anll:exation of eighteen (18) of the thirty-nine (39) parcels inclu ed in the
ordinance. The County asserted that the parcels (identified on the infonnational map as parcels
. A-I, A-2, B, C-l through Cr8, n-l, D-2, D3, B-1, E-2, F, and G) do not meet the re uireroents
for voluntary annexation under Chapter 171 of the Florida Statutes.
On January 7,2004, the City of Edgewater filed a "Petition for Writ ofCe
moved to consolidate with Volusia CountY, arguing that Oak Hill's ordinance should
on similar grounds to those the County had raised. Edgewater also moved to co
action with the County's, as both actions involve similar questions oflaw and fact.
On January 15, 2004, the Court ordered the two cases consolidated and orde
to show cause why the petitions should not be granted.
On January 21, 2004, after initiating conflict resolution procedures, the Co :ty filed a
\<Motion to Abate" under section 164.1041(1), Florida Statutes. On January 27,200 ,this Court
entered an order abating the entire matter until the procedural options of the statute (the Florida
Governmental Conflict Resolution Act) had been exhausted.
On August 2, 2004, the parties attended a mediation conference at which the reached an
impasse. On August 12,2004, this Court issued Oak Hill a second order to show ca: e.
On October 12, 2004, Oak Hill responded~ arguing that Edgewater lacke standing to
challenge Oak Hill's annexation ordinance, but conceding that certain parcels (l eled on the
infon:national map as A-I, A-2, E-l, B-2, F, and G) should be severed from e ordinance,
because 1hey are not are not contiguous wi1h the existing city limits. Oak . maintained,
however, that the areas labels on the informational map as "B:' "C," and "n" me the statutory
requirements for annexation and that the ordinance should be upheld as to those par els.
The Court held a hearing on December 10,2004, at which counsel for all p 'es provided
oral argument.
I Prior to the meeting at which Ordinan~ nO. 2003-] g was adopted, volusia County filed an objec
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STANDING
The Court first considers whether Edgewater has standing to. challenge
annexation ordinance. The requirement for standing to challenge an annexation or co
addressed as follows:
No later than 30 days following the passage of an annexation or contrac' n
ordinance, any party affected who believes that he or she will suffer mate . al
injury by reason of the failure of the municipal governing body to comply .th
the procedures set forth in this chapter for anneJtanon or contraction as they ap ly
to his or her property may file a petition in the circuit court for the coun: in
which the municipality or municipalities are located seeking review by certior
Hill's
Section, 171.081, Fla. Stat. (2003).
Edgewater claims standing on the basis of its Chapter 180 right to provide sei'lices to
some of the area Oak Hill annexed \lnder Ordinance number 2003-18. Oak Hill conceded
that the particular parcels to which Edgewater provided service are not contiguous should be
suicken. Thus, the remaining dispute between the parties. is Edgewater'S entitlement 0 an award
of reasonable costS and attomey's fees under section 171.081. Oak Hill argues t it has no
plans to interfere with Edgewater's Chapter 180 utility reserve, thus Edgewater
material injwy by the anneJtation.
Under somewhat similar ~acts, Florida's Tenth Circuit found that even tho gh annexed
propertY was not within the petitioner's boundaries, the challenged annexation c uld iDfringe
upon the petitioner's exclusive right to provide water end wasteWater service to t area under
section 180.06, and this was sufficient to confer. standing under section 171.081.
Polk City v. City of Auburndale, ER FALR '04:214 (Fla. 10th Cu. Aug. 9,200
Edgewater points out, section 180.02(2), Florida Statutes, specifically states
powers identified in Chapter 180 "shall not extend or applY within the corporat
another municipality." Section 180.02(2), Fla. Stat. This Court finds the reasonin of the Tenth
Circuit persuasive. Edgewater ha.s satisfied the requirement of proving material . 'ur)' by virtUe
of its Chapter 180 utility reserve. Oak Hill' $ annexation would Edgewatet of a l' ognized right
to provide services to the area.
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ST A.l'fQAR.'O OF REVIEW
The proper standard for certiorari review of an administrative action is set forth n Haines
City COJllmunity DeYelopmenl 't. He~lP'. 658 So. 2d 523 (Fla. 1995). Acconling to e S the
circuit court review is governed by a three~part test: 1) whether the action afforded e parties
procedural due process; 2) whether the essential requirements of the law were obs"", d; and 3)
whether the action is supported by competent, substantial evidence.
coNTIGUITY AND COlvfeACTNESS
Regarding a municipality's annexation of a parcel of land, section 171.0 3, Florida
Statutes, provides that "the total area to be annexed must be contiguoUS to the D1 . cipality' s
boundaries at the time the annex.ation proceeding is begun and reasonably compact, d no part
of the area shall be included within the boundary of another incorporated m. 'cipality."
Contiguity means that Ua substantial part of a boundary of the teni.tory sought to be exed by
a municipality is cotenninus with a part of the b9undary of the municipality." Sect 71.031(1),
Fla. Stat.
Oak Hill has conceded, and this Court agrees, that Parcels, labeled on the i
map as A-I, A-2, B-1, E-2, F, and G, do not meet "the statutory requirement for conti
parcels must be stricken from the ordinance.
Section B displays the requisite contiguity and com.pacmess and may be ann xed without
violating the law.
Section C displays, in part, the requisite contiguity and compactn~SS, with e exception
of the Parcel labeled as C-8 (8531~OO-OO-0249). That parcel is not sufficiently con'
annexation would create an illegal enclave of unincorporated Volusia County. In urton v. Ci
of Belle Glade, 966 F. Supp. 1178 (S.D. Fla. 1997), the court held that "[ f leading ection 171 as
a whole, it is clear that the Legislature. was primarily coneemed with tightening up municipal
boundaries, ensuring compactness, and eliminating bizarre shaped borders d inefficient
enclaves. . _" Id. at 1184. This Court agrees. The annexation of C-8 would ere te just such a
"bizarre shaped and inefficient enclav.e." Id.
Parcels D.1, D-2, and D-3 represent individual lots in South Mobile Villa e Subdivision.
Annexation of these individual lots in a subdivision would likely result in cOIIlplic ted, confusing
and inefficient services. The annexation statute was designed to prevent such co ion so these
4
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parcels may not be anIlCl<ed lawfully. See e.g., Gran e Coun Florida v. Ci
C197-10322 (Fla. 9th Cir. Ct. Ma.y 19. 1998).
THEREFORE, based upon the foregoing IT IS ADJUDGED that
1) The City of Edgewater has demonstrated standing to challenge Oak Hill's
number 2003-18, by virtue of its Chapter 180 utility reserve within the anne ed area.
2) Oak H;ll ordinance number 2003-18 is QUASHED, IN PART. Parcels labe ed on the
informational map as A-l, A-2, E-1. E-2, C-8, D-l, D-2, D-3, F, and G d not meet
-.
the statutory requirements for voluntary annexation and may not be lawfull annexed
by the City of Oak Hill.
3) The Court reserves jurisdiction to eswblish the per1ies' entitlement to reaso able costs
and attomey's fees pursuant to section 171.081, Florida Statutes (2003).
DONE AND ORDERED in Chambers, in Volusia County, DeLand, Florida,
day of FebruaIY, 2005.
's ,1 ;l.J_
(L
I
ROBERT K. ROUSE, JR.
CIRCUIT COURT JUDGE
cc: Randell H. Rowe Ill, Esq.
Asst. CountY Attorney
County of Vol usia
123 W. Indiana Ave.
DeLand, FL 32720.4613
Mary D. Hansen, Esq,
Attorney for City of Oak Hill
Suite 1,4393 South Ridgewood Ave.
Port Orange, FL 32127
John R. Hamilton, Esq. and Kevin A Reck, Esq.,
Foley and Lardner, L.L.P.
Attorneys for City of Edgewater
P.O. Box 2193
Orlando, FL 32802-2193
5