04-04-2005
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Voting Order
Councilwoman Lichter
Mayor Schmidt
Councilman Brown
Councilman Vincenzi
Councilwoman RIwdes
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
April 4, 2005
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROV AL OF MINUTES
None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or less.
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 1 sl Reading, Ord. No. 2005-0-07, Halstead Resources, Inc. requesting an
amendment to the Comprehensive Plan Future Land Use Map to include 2.3
acres ofland located at 2203 S. Ridgewood Avenue as Commercial and High
Density Residential.
7. BOARD APPOINTMENTS
A. Citizen Code Enforcement Board - nomination by Councilwoman Lichter to
fill seat due to the expired term of Ben Delnigro, who requested
reappointment.
8. CONSENT AGENDA
None at this time.
9. OTHER BUSINESS
A. Edgewater Harbor - staff recommending approval of the Edgewater Harbor
Phase I site plan on the condition that all City staff and consultant comments
have been satisfactorily addressed.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
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City Council Agenda
April 4, 2005
Page -2-
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 April 18, 2005, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, April 11, 2005.
Pursuant to Chapter 286, FS., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that
a verbatim record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, 104 N Riverside Drive, Edgewater, Florida, telephone
number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay
operator at 1-800-955-8771.
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AGENDA REQUEST
Date: March 28. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE April 4. 2005
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
I sl Reading - Ordinance No. 2005-0-07
Halstead Resources Inc., requesting an amendment
to the Comprehensive Plan Future Land Use Map
to include property as Commercial and High
Density Residential.
OWNER: Halstead Resources Inc. - Harold Haynes
APPLICANT: Halstead Resources Inc. - Harold Haynes
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include
property as Commercial (approximately .62 acres) and High Density Residential (approximately 1.68
acres).
LOCATION: 2203 S. Ridgewood Avenue
AREA: 2.3::l:: acres
CURRENT LAND USE: Mobile Home and single story concrete building on site.
FLUM DESIGNATION: Volusia County Urban Low Intensity
ZONING DISTRICT: Volusia County B-4W (General Commercial) and R-3W (Urban Single-Family
Residential)
PROPOSED USE OF PROPERTY: Multi-family residential and professional office
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
North Friendly Shores Mobile Medium Density Residential MH-I (Mobile Home Park)
Home Park
East Indian River Indian River Indian River
Commercial and Single and Commercial and Medium B-3 (Highway Commercial)
South Multi Family Residential Density Residential and R-l (Single Family
Residential)
Commercial (Riverside Commercial B-3 (Highway Commercial)
West National Bank)
CPA-0411 - Halstead
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Background: This property was annexed into the City on November 1,2004. The proposed development of
the property is an 18-unit multi-family condominium complex with professional office uses adjacent to U.S.
Highway I. An environmental impact study and traffic circulation study must be approved prior to any
development.
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A PUD Agreement shall accompany the future rezoning of this property to properly address the physical
constraints of this site.
At their regular meeting of March 9, 2005 the Planning and Zoning Board voted to send an unfavorable
recommendation to City Council for the proposed amendment.
Land Use Compatibility: Commercial usage along U.S. Highway 1 with residential to the east is compatible
with existing uses in this area.
Adequate Public Facilities: This property has access to U.S. Highway 1. There is a six-inch (6") water line
and a four-inch (4") force main to the east side of U.S. Highway 1 fronting this property. The developer shall
be responsible to extend service to any proposed development. Fire-Rescue response time to this location is
approximately one minute. The minimal amount of residential units and commercial square footage proposed
for this property shall not have an adverse affect on any public facilities.
Natural Environment: Soil types on this property include Astatula Fine Sand, Cassia Fine Sand, and
Quartzipsamments. On-site vegetation includes generalized urban.
Consistency with Comprehensive Plan: The proposed use of this property is consistent with the Commercial
and High Density Residential Land Use classification, as the developer is proposing to construct professional
office uses along US Highway 1 and multi-family uses on the eastern portion of this property.
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V olusia 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 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.
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 ofthe 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.
City of Edgewater - Commercial - 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
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CPA-0411 - Halstead
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similar uses. Typical neighborhood and highway service areas are allowed to build up to a maximum floor
area ratio (FAR) of 0.30. Tourist commercial areas can build up to a maximum 0.50 FAR.
The majority of commercial development within the City of Edge water is located along US 1 in a strip pattern.
The area contains restaurants, convenience goods stores and neighborhood centers. Another corridor of
commercial development which has emerged is adjacent to the FEC Railroad within the Florida Shores
Subdivision.
In 2000, there were 210 acres of commercially developed lands in the City. These developed lands
represent only three percent of the total acreage in Edgewater and 3.7% percent of all developed lands.
City of Edgewater - High Density Residential - (8.1 to 12 units per gross acre) This residential category
typically includes townhouses and multi-family housing at densities between eight (8) and twelve (12) acres.
Other Matters: This amendment will be transmitted to the Florida Department of Community Affairs,
V olusia Growth Management, East Central Florida Regional Planning Council, and all other required
agencies for review.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-07, amending the Comprehensive Plan Future Land Use
Map to include 2.3 acres of land located at 2203 S. Ridgewood A venue as Commercial and High Density
Residential.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-07
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
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Robin Matusick ~
Paralegal
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Kenneth R. Hooper '\ Y
City Manager \ U
CPA-0411-Halstead
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ORDINANCE NO. 2005-0-07
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'TO CITY COMMERCIAL AND
HIGH DENSITY RESIDENTIAL FOR PROPERTY LOCA TED
AT 2203 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 P~AN AMENDMENT;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING
AN EFFECTIVE DATE.
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Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
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1. Halstead Resources Incorporated is the applicant/owner of record for certain real
property located at 2203 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 Urban Low Intensity
to City Commercial and High Density Residential for the property described herein.
3. On March 9, 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
2005-0-07
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6 to 1, recommended to send an unfavorable recommendation to the City Council.
4. In a letter dated March 17,2005, 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 April 4; 2005, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
6. Pursuant to Section l63.3l87(1)(c), Florida Statutes, on April 18, 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, April 7, 2005.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, 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 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 and High Density Residential for property described
in the legal description contained in Exhibit "A" and further located on the map as reflected in
Exhibit "B" (which are attached hereto and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
2005-0-07
StI tick tin otlgh passages are deleted.
Underlined passages are added.
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Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which addresses
appropriate buffering between commercial and high density residential.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner is hereby authorized and directed to amend the Future Land Use Map of
the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the
Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163 .3187( 1)( c )2, Florida Statutes (2003), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PARTF.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PARTG.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2005-0-07
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PART H. ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on April 4, 2005 is as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
NAY
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the second reading of this ordinance was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2005-0-07
Stltlck tmotlgh passages are deleted.
Underlined passages are added.
4
NAY
PASSED AND DULY ADOPTED this 18th day of April, 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
2005-0-07
Stl tick till ol1gh passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of April, 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:
Begin at the point where the North line of the West Yz of the Northeast 1/4 of Section 2, Township
18 South, Range 34 East intersects the Easterly Right-of-Way line of the United States No. I
Highway, a 66 foot Right-of-Way; thence South 26026' East along said Easterly Right-of-Way line
a distance of 100 feet; thence East to the West bank of the Indian River North bank a distance of 100
feet more or less, being the point where the North line of the West Yz of the Northeast 1/4 of Section
2, Township 18 South, Range 34 East prolonged intersects the West bank of said Indian River
North; thence West along said last mentioned line to the Point ofthe Beginning; excepting, however,
a 20 foot strip on the South line of said property beginning at point 480 feet East of the East line of
United States Highway No.1, a 66 foot Right-of-Way and running Easterly along the Southern part
of the premises hereby conveyed to the West bank of the Indian River North, and excepting further,
that part of the North 100 feet, measured on the Highway of the West 200 feet of the West Yz ofthe
Northeast 1/4 Section 2, Township 18 South, Range 34 East, which lies East of and adjacent to the
existing Right-of-Way of State Road 5 (U.S. #1) lying East of and within 125 feet of the existing
centerline of said State Road 5 (U.S. #1), being the West 92 feet of the land herein and above
described.
Together with the following described property, also located in Volusia County, Florida, to wit:
The North 69.5 feet of the feet of the following described property:
That certain filled and semi-submerged land lying Easterly from the North 89.5 feet of the U. S. Lot
6, Section 2, Township 18 South, Range 34 East, described as follows: Begin at the Northeast comer
of the above-described property thence North 620 East 253.46 feet to the West Right-of-Way line
of the Intracoastal Waterway: thence South 26014'53" East 101.4 feet; thence 620 West 250.36 feet;
thence North 280 West 101.35 feet to the Point of Beginning.
Containing 2.33 ::!: acres more or less.
2005-0-07
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AGENDA REQUEST
Date: March lO, 2005
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT April 4, 2005 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Ben Delnigro of the Citizen Code Enforcement Board for re-election on the Citizen Code
Enforcement Board.
BACKGROUND:
Ben Delnigro has requested reappointment to the Citizen Code Enforcement Board.
Ben Delnigro currently holds the position of Co-Chairman on the Board.
Membership of the Citizen Code Enforcement Board consists of seven (7) members appointed
by Council.
STAFF RECOMMENDATION:
Approval of Ben Delnigro re-appointment by the Citizen Code Enforcement Board.
ACTION REQUESTED:
Motion to reaffirm appointment of Ben Delnigro to the Citizen Code Enforcement Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
NA
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO.:
I\) JA
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Robin Matusick
Paralegal
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Ken Hooper
City Manager
oard Coordinator
forcement Board
Agenda.request.form.rev.2/16/2000
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THE CITY OF EDGE WATER
POST OFFICE BOX lOO-EDG~JYti{fWRfvr7/2132-0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME C!.../-I R ~ L iT $
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PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
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POST OFFICE BOX 100-EDGEWATER. FLORIDA 32132-0100
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j11G''''JOI';A'~ '1/1 (PrJ'lfJ.&!.rs::..'~/t(-e a-.,.,.d. ~V\~r~tio"" kcl..rD1o'SLfl ~-eY"-1~er
'VollYS'ic." ~v,;Jt:Lf J)e~acr",~)<:.. 6'f.~Cubve (~v+'I'V1;-tc~e.
Are you a registered voter? Yee::;
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? 't@.$" If so, list
each: 'V<o r ~ ; a. ~ep' oc. ( ~ k)c. b.e C!. u-t7 v e CD m "'" ;-t;c-e.e
AA
af
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
.:L.ANIMAL CONTROL BOARD
2.CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
-l-ECONOMIC DEVELOPMENT BOARD
LFIREFIGHTERS PENSION BOARD
I ~ GENERAL EMPLOYEES PENSION BOARD
'Z-L1BRARY BOARD
tRECREATION & CULTURAL SERVICES
Z-PLANNING & ZONING BOARD
'-LPOLlCE PENSION BOARD
~VETERANS PARKADV. COMMITTs.r_j. I _,
;l-/I/03'-/~- ~~~
, ,'," '. '. "': ' l~; '.'., ..... '.~ l\'!'~:.J """';,'{". ,'. " ~ '. . '. ',' < .' , ' ......" " . ,,-;,. "'. ,,,'
THECITYOpt~J!l@EtWjf.fFE-R!\;~'""'i~~;',J:""~':"*~~~~*:"(><(;'i.';",' :'
., ':; :;;',c~;i,)"t ~~"ii~~~~~~,~;t.t.;'\\e~':~:";I~' ",'~,:";4~;::(~~:;<:' :.:,;/.;:~,~:;;t~g;:;i~\..':'. '
POST OFFICE BOX 100_EDGEWATER;'FLORIDA>32t32~0100~~" ..:,~ .,.t~,:,:: ;)
AP~~sI'O~~N~i:~.i!~~~~iii,~:;]~~,'}\.
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NAME
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OCCUPATION
Are you a resident
" " . '. ',' ' :",~ . (Staff wiU supply district numbeJ;)
f.( ~ .3' __ /M}~h~~t~i~~~~;~:o~r~~\j1Y:/9"\~)I.;~~, ;,'.:"9~: :~ '~l.i:~"':, '
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THE CITY OF EDGE WATER
, , '
POST OFFICE BOX 100-EDGEWATER,FLORIDA 32132-0100 '
NAME '
~-- ~-..
, , '2ml}JUL~'22. AfJ"I~;;:~I'
: ADDREs's
BUSINESS PHONE
3'Pt. - lf2.t ~ 91;:';:'
Disl---Z
/0- "p(,
O ",Are: you eI:nployed'by th~'
At.JJ:e preseh t ~ime~, dQ,'
bIf so, list eich:
, ,
" ,
Is your principal 'place of 'employment ih Edgewp.t'er? ,', y~>
if yes how long? .10 - . Ft-
,Bri,efly state your int,erest in serving on a City board or
COrnrnittee:J~' ::r;~-reD .::t#", & h.,-w/U' ~p 64?w~.
.:::;7'wG/A L. l)' L; ~ ~ 70 filn-r' ~EY' -rI11rr...:Tr Itbn In~ $ fr S "" ~ To l../Io/
11.w-r W 0 '" /... 1) It- v; v '- ( I~ € % Hel.-P :r r p~~ ~'#;o; "THa :2. I $~ t:Je-v-ru~.,
state your experience/qualifications ::r #~, tJ~1V .::r:;.,1/I~v~l) ,5",
, "7""H~ ... CN r~ 'If 0 It/ - !lfA (L- f) 1M C. ".::hv Q W ~ -rn..; ,nIL 5" r- Y.e:-A-n- so '
Are, you a registered 'voter? Ye-s
'. '. , . ,
City? jI!.poyou :ho14 .P~biib' 'office? /I b
you: s,er'iTe on any other Boards or coinmittees?
Have you eve~ serveQ. on any boards, agencies, r coInJAitte~s? Ye5' If so,
liAt each: f1.~r ~~.,- floA-at> w'1J-t;; -r;. '0(,..1 l~sl()A/
(f"Jm..p - CI"T''J ~r- ~W w6--rE:fL
,(BQARD' AND CoMMITTEE"MEMBERS MAY BE, REQUIRED TO FILE ,WITH THE STATE,
FINANCIAL DISCL9S~FORM.S: nCB nAR), , ,
" '," llLEASEINDICATE BOAWS O~ COMMI:TTEES YOU
WoULD LIKE, TO SEaVE ON AND 'RANK THEM ACCORPING, TO caOICE BY NUHBE~'
S ~;MAr. 'cONiROL BO~'
y GENEAAr. EMI?LOYE~SPENSl:ON B,OARD' ,
, , , ~LIBI\ARY BOARD ( , , '
~RECREATtON & CULTURAL SERVICES
-L-PLANNING ~'ZONI~G BOARD
'~POLICE PENSION, BOARD ,
~VETERf.NS ,'PARK ADV. COMMITTEE
~~~~ "i ~' .~" : "" ". oj ~"'~ .... I_ F';.iJj ~/'?~~,:~~~
.d..:' C1H~j :":H'~i. :)(o"~ '51 f~ O'+e '(~':li';T.;' .: tl..
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~CON'STRUCTION REGULATI,6N BO~D
~ECONOMICDEVELOPME~T'BOARb
, ,
, lFIREE'IGHTERS" ~tNS'ION 'BOAF.? ' " " ,
...C;J'~
SIGNATURE"",' ~K~" ..
SEE, REVERSE SIDE FOR BOARD ~D COMMITTEES LISTINGS
, ,
, ,
, DATE:
(2-10-:-03)
7-:- ~ J -:'{) '3
0,'
,
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
09-29-03A08:42 RCVD
,
NAME
ADDRESS
HOME PHONE
Alice Haldeman
930 Lake Av- 32132
09-3- 14C2: 64PEFLE
o
423 1359
BUSINESS PHONE 2481745 x 1228
OCCUPATION
Library)
Librarian (Collection DevelopmentlAcquistions Manager for Volusia County Public
Are you a resident of Edgewater ves
How long_ 17 years
Is your principal place of employment in Edgewater?_no
if yes how long?
Briefly state your interest in serving on a City board, agency or committee:_ I want to help make
Edgewater a nicer place to live by establishing and enabling enforcement of good codes.
State your experience/qualifications_ In trying to get my neighborhood cleaned up, I've leamed a bit
about our current codes; when I had an addition built on my house, I learned about building codes; in my
job as reference librarian, I've helped people find applicable codes relating to their situation referring them
to the proper City departments as needed; r~~JI~ j r ~ I it( ~ J. ,'-.t I L.a-a-z-
Are you a registered voter? ves
Are you employed by the City? no
Do you hold public office? _ no
At the present time, do you serve on any other Boards, Agencies, or committees? no
If so, list
o
each:
Have you ever served on any boards, agencies, or committees? ves If so, list each: Served as co-
chairman of the 3200 World Science Fiction convention in 1974; co-chair of several local science fiction
conventions in the BaltimorelWashington area in late 60's/early 70's; have interacted with city Boards in
Edgewater, New Smyrna Beach and Daytona Beach from a County staff aspect when I was Regional
librarian (NSB 1992 through 1996; Daytona 1987 through 1992); gave presentations to County Library
Advisory Board on Library Planning, Censorship; assisted Black Heritage Festival committee 1992,93,
94; as a Library manager, serve on system-wide Library Management Team; have facilitated several
Library Service Improvement Teams
(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
_ANIMAL CONTROL BOARD
-1LCITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
_ECONOMIC DEVELOPMENT BOARD
_FIREFIGHTERS PENSION BOARD
_LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
..
_PLANNING & ZONING BOARD
_POLICE PENSION BOARD
_VETERANS PARK ADV. COMMITTEE
o
__GENERALEM~~SPEN~9N~O~RD
SIGNATURE ~.~~ DATE:
f - }. ? -() ~~
** ~I:I: NI:YT DAr.1: I:nD II~TINr. nl: I:InADn~ Ar.I:Nr.II:~ ANn r.nUUITTI:I:~** IDI:V 1-11..nn\
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05"':11-04 P12:45 IN
THE CITY OF EDGE WATER
'POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100
NAME ' f/A (/ l f)
ADDRESS /;;).1
APPLICATION FOR APPOINTMENT TO CITY
:>B.<?~S, AGENCIES OR COMMITTEES... ..."..,
yYL4 rue. C & 0 N A (&D
t/IILlf/VG-{ A DIL.
,',
" .
District
(Staff wiU suPPly district number)
HOME PHONE
--'
BUSINESS
Is your principal place of employment in Edgewater? ~~5
if yes how long? f) YtfAj1,.f
Briefly state your in serving on a City board, agency or
committee:
Are
Are
(BOARD, . AGENCY ,AND COMMITTEE BE REQUIRED. TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOAlU)S,. AGENCIES OR COMMITTEES YOU
wOULD LIRE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NtlMBER
. '
---ANIMAL CONTROL BOARD
_____BEAyTIFlCATI?N & TR&E COMMITTEE
~ CITIZEN CODE. ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
~GENERAL EMPLOYEES PENSION BOARD
~LIBRARY BOARD
LPAAKS & RECREATION BOARD
~PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
, FIREFIGHTERS PENSION BOARD. '. ' _____VETERANS PARK ADV. COMMITTEE
SIGNATURE j)~~ DATE:
U SEE REVERSE smE FOR.,LISTXNG .OF, BOARDS; AGENCIES AND:CoMMITTEES** (REV 10-30-97)
. .. .....: ~'\:'.
. . .; .~~...'.", ~ ,.
.' ...-,'.:'-'
,
APPLICATION FOR APPOINTMENT TO .
CITY BOARDS AND COMMITTEES
Name Attt~ll-y' RlVVct
Address tJ (IO .q1 <; Q vi- q Iklfe- 'Wf) cp I Ave
Home Phone t F 6' '- th';{~ - tk ~ 3 Business Phone ~ g G - tf~ ~ - --, (Q l1:L
Occupation f) fJ./ 1lA2...-- O;J- f> v~ (11 et;
Are you a registered voter? t e ~.. Voting District
Are you a resident of Edge water? r e ~ How long? ~,. }' \..{ et!#^ C
Is your principal place of employment in Edgewater? y e. S
If yes how long?
.
"
o
Briefly state Y."' interest in sewing .. a City bean! ., committee, A '
9 P~JAU( Ce '(;10. Tit ,e C-I ~((!) . t:) cXfe ~ <(e",
State your experience/qUalifiCa!ions-l? u y( 11 t>,ft;., . ({) (A. "d.e.,,- ,
.f .
Are you employed by the City? ~Do you hold public office?
NO
At the present time, do you serve on any other Boards or committees?
If so, list each: Cirl-iIl&,., II ~I Ctlj;~( ~{J(~ U 1I#~~e.1
Have you ever served on any boards or committees?
o
If so, list each:
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE THE BOARDS OR COMMI'ITEES YOU WOULD LIKE TO SERVE ON
AND RANK THEM ACCORDING TO CHOICE BY NUMBER
__ANIMAL CONTROL BOARD
_GENERAL EMPLOYEES PENSION BOARD
~ LIBRARY BOARD
.!:t-RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_POLICE PENSION BOARD
VETERANS PARK ADV. COMMIITEE
__CONSTRUCTION REG.ULA TION BOARD
--LECONOMIC DEVELOPMENT BOARD
_FIREFIGHTERS PENSION BOARD
Date f - 0 If'-tJ 5'
o
03-04-05A08:49 RCVD
Q
o
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,-
AGENDA REQUEST
Date: March 25. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
x
ITEM DESCRIPTION: Section 21-85.04 (e) (5) of the City of Edgewater Land Development Code
requires the Planning and Zoning Board to "provide recommendations to the City Council regarding site plans
over twenty-five thousand square feet (25,000 sq. ft.) of building area". The Planning and Zoning Board
reviewed and approved the site plan for Phase I of Edgewater Harbor at their March 9, 2005 meeting. Per
Section 21-85.01 (m), the City Council shall review and grant or deny this site plan.
BACKGROUND: Edgewater Harbor, LLC has submitted the site plan and building permit applications for
Phase I of Edgewater Harbor located at 4015 South Ridgewood A venue (former site of the Pre-Stressed
Concrete plant). Phase I development includes two (2) eight (8) story buildings. The first floor shall be
designated for parking and each remaining floor shall consist of eleven (11) units per floor for a total of 154
units. The total building square footage is 486,000 square feet with an actual height for each building of
ninety-four feet (94'). The annexation of this property was finalized on February 23, 2004. The
Comprehensive Plan Amendment and Rezoning was also adopted by City Council on June 21, 2004.
The site plan is currently under review by City staff with a projected issuance of a development order for
construction by April 2005. Building plans are under review by Universal Engineering with an anticipated
issuance of a building permit also by April of this year. Site plan review includes verification of compliance
with the applicable codes and standards including but not limited to fire and life safety, water, wastewater,
storm water management, building setbacks and parking and landscaping. There will be three historic trees
(totaling 165" in diameter) removed and replaced in accordance with Section 21-55.03 (b) of the Land
Development Code.
STAFF RECOMMENDATION: Staff recommends City Council grant approval of the Edgewater
Harbor (Phase I) site plan on the condition that all City staff and consultant comments have been satisfactorily
addressed.
ACTION REQUESTED: Motion by City Council to grant approval ofthe Edgewater Harbor (Phase I) site
plan on the condition that all City staff and consultant comments have been satisfactorily addressed.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~ ---'
r)-"(~l J.J OUi'K
Robin Matusick \.
Paralegal
\(~~~y~~ ~ . .
Kenneth R. Hooper 1 "'"0
City Manager I
council agenda request p&z approval.doc
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00/23/2004.. 01 : 43 PH
Instrt.m1t, 2004-154164 j
~~~~ ~ ~~~6 .. -:1
THIS INSTRUMENT PREPARED BY:
Scott A. Cookson, Esquire
FOLEY & LARDNER
111 NQrth Orimge A venue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW A TER
P.O. Box 100
Edgewater, FL 32132-0100
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
EDGE\VATER BARBOR DEVELOPMENT
THIS AGREEME,NT is made and entered into this ?.. \.~t day oJ '\ "-",, L .2004 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 J<'lo!ida 32132, fu.ereinafter referred
to as "City") and EDGEW ATER HARBOR, LLC, a Florida limited Lial?ility Company, wi~_._
Hawk McMillan as the authorized agent, who.se address is 2 Jtmg!E Hut Road, S~te 2, ~"~ ~o~
Florida 3213 7 (hereinafi~r referred to as "Developer') ~d who has authorized Gierok Engineering,
with Kathleen N. Gierok as the authorized agent, as Edgewater l!arbor E~gin~e~ ~f~~rd. .'J.!1e_
pwpose of this Agreement is to defme the terms and conditions ~ting 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 59.94 acres located East of U.S.
Highway Number 1, Volusia County, Florida (hereinafter re~eJ'1'ed to as Property). The legal
description of the Property is attached hereto as Exhibit "A" - Legal Description. _ The Record
(Aweement/Zoning - Edgewater Harbor)
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Page 2 at 25
,
Book: 5346
Page: 558-
owner of the subject Property is Edgewat~r Harbor, LLC.
2.
npRATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the title to the Property. The
Developer shall commence construction of Edge water Harbor as defined by the Master flan, dated
March 2004 (Exhibit "B" included herein), within two (2) years of the effective date of this
Agreement. Developer's failure to initiate construction within the time frame identified herein may
L
result in the City's termination ofthe Agreement. The City acknowledges that this proj~ct may be
developed in phases, and location of building structures may be .altered as necessary for permitting
or other conditions. All building location alterations shall adhere to the site criteria_and buffer
restrictions set forth herein. The foregoing deadline for commencing construction shall apply only
to the construction of the initial phase. For purposes of this Agreement, construction shail be
deemed commenced on the Developer's beginning excavation and site work necessary for .._._
"
construction of the dev.elopment. The City, at its sole option, may extend the deadline for
commencing construction. All development must be consistent with the Master Plan and must be
approved by City Council (in the form of a preliminary plat or site plan approval) prior to
commencement of any authorized work. Final Construction Plan approval shall include, but not be
limited to utilities, stormwater, traffic, fire rescue, pedestrian' systems, street lighting, law
enforcement; environmental, solid waste containment, and planning elements, including
landscaping, signage and pavement markings.
3.
DEVELOPMENT USES PERMITTED
===,
....- .,-" I-,~
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The Developer hereby agrees to develop the Property subj eet to the terms of this Agreement
and in accordance with the City of Edgewater'g current Land Dev'elopment Code. The Developer
further agrees that all development will be consistent with the Edgewater Harbor Master Plan dated
(Agreement/Zoning - Edgewater Harbor)
2
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Page 3 of 25
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Book: 5346
Page: 559
March 2004 (Exhibit "B")t or such subsequent Master Plan as may be approveq. by fiw City, Th~
Master Plan generally includes multi-story residential condominiums and public-access waterfront
comme.rciaVretail space, including a restaurant. A dry-stack b.9at.!torage bui1d~ng and ..fornme~qi!,!l
waterfront access will be allowed if pennitabl~ through jurisdict~onal agencies. If ~ _boat storage
building and commercial waterfront access are not feasible, for whatever reason, the area designated
. - 'on the Master Plan as "Future CommerciaVCommercial Waterfront Access" faciIftles will be .
utilized as additional commercial facilities. Edgewater Harbor shall be developed consistent with
the Cio/'s development procedures, Final project approval may be subject to change based !lpo.~ _..
final environmental; pemritting. As described in Section 3.F. of this document, the developer will
establish a Condominium Association for the residential portion of this p1:oject and a Property
Owner Association for the commercial portion of this project (hereinafter referred to as
Associations).
SITE DATA
Overall Site
Commercial
. R-.fsfdential
!
._~._.. .----='
Total Land Area
Approx. 20 acres
Approx. 40 acres _. .
Approved Zoning
RPUD
RPUD
Approved Land Use Designation
Mixed Use
Mixed Use
Maxiinum Number of Units
100,OOO.s.f.
580 Urilts
Required Open Space
30%
. h_ 30%
.Maximum Building Height
60'
95'
Maximum Impervious Surface
Area (Overall Site)
70%
.70%"
Number of Wet Marina Slips 100
(AgreementlZonins - Edgewater Harbor)
3
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Page 4 of 25
.
Book: 5346
Page: 560
Proposed Impervious Surface Area
Right-of-way (Roadways, Parking,
Sidewalks)
6.8 acres 6.5 acres
2.3 acres 6.5 acres
.:t 5 acres .:t.10 acres
NA 1,200 s.f./unit
55% 5~%
Building Pad
Retention Ponds
Minimum LivinS Area
r
_Maximum Building Coverage
Minimum BuUdin!! Setbacks
North Property Line
20 ft. road. 75 ft. bldg.
20 ft. road. 75ft. bldg.
East Property Line
20 ft.
NA
South Property Line
10 ft.
150 ft.
West Property Line
NA
40'
Minimum Buildine Separation Requirements
Building separations will eomplywith the current Flt'lrida Building Code and applicable Fire
Code.
Parkin e
Required Spaces
1 sp.1250 s.f.
1.5 sp.unit + 5% additional
A. Roads
There shall be one access/entrance pennitted from U.S. I to service Edgewater Harbor, with
a minimum right-of-way width of eighty (80) feet. Right turnld~celeration a.!ld left t1f.l111~es .~i~ .. .
be required on u.s. I. The existing left turn lane and a tra~c sign~l ~t the en!r~~ will ~,~
modified/added at the cost of Edgewater Harbor, LLC. if a !I'~c study pro~es an.upgrade to ~e
necessary. The project will also be permitted one (1) emergency service access from U.S. 1. ~e_
(Agreement/Zoning, Edgewater Harbor)
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Book: 5346
Page: 561
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:0 main private J:~$jdcmtial roadway shall have a minimum right-Qf-:way width of fifty (50) fe~t. All ... ~ ~ ,. .:.
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roadways shall be. designed to the City's Land Development <;ode stan~ds.
There shall be one (1) ungated public-access main road to serve the commercial facilities and
one private-access gated road for residents and authorized gues~ to access the residential buildings
and facilities. All interior roads, gated and ungated, shall be maintained by the respective
Associations.
B.
Draina~e Facilities
The Retention Pond(s) will meet the requirements ofthe Sl Johns River Water Management
District, the City, and all other jurisdicting agencies. The retention pond(s) shall be sized, designed
and pennitted to treat the stormwater for the entire 59.94 acres, in.accordance with the City's Land
Development Code, and have a positive outfall to the Indian River. The Ponds will be-owned and
maintained by the respective Association.
Stormwater currently permitted to enter the site will continue to be accepted at the currently
. .
t3ermittM lfCFS" (eubie fel!t/gee8nd).
C.
Simage
Signage for the development along U .s.1 shall conform to paragraphs 21-61.07 and 21-61.10
of Edgewater's Land Development Code for the commercial and residential developments,
respectively. The development will be allowed two (2) momunentlground signs along U.S.1 -- one
(1) for the commercial development and one (lrfor the residential development. Two (2) ground
signs will be allowed adjacent to the commercial facilities and the commercial parking area.
Directional, "'non-advertising" signage shall be allowed through~.?t the ~~vc::JoPIl1ent: 'Y~ll signa.ge _ _
for the commercial and waterfront facilities if included shall conform to the City's Land
Development Code.
(Agreement/Zoning - Edgewater Harbor)
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Book: 5346
Page: 562
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D.
TreeslLandscaping
Landscaping for Edgewater Harbor will meet or exceed the City's Land Development Code
Tree Protection Requirements. Landscaping and irrigation plans must be submitted with final
construction plans for each phase.
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Irrigation
All common areas and the entrance medians will be irrigated by wells or from ~ surface _,
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water system upon proper permitting and approval.
F. Declaration of Covenants. Conditions and Restrictions
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Edgewater Harbor will develop and submit condominium, and property owner association
documents in accordance with an City, CQunty, State M~ rederallaws, regulations, and guidelines.
Further, Edgewater Harbor shall include in any and all such docu.ments the followi~g language, i:n .
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similar font, size, and typeface:
NOTICE:
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PURSUANT TO THE TERMS OF THAT CERTAIN AGREEMENT AND
DECLARATION OF RESTRlCTWE COVENA.NT AS TQ USE DAflJIJ. MA Y.~ _
2004, AND RECORDED IN OFFICIAL RECORDS BOOK 5318 PAGE 3140, .
PUBLIC RECORDS OF VOLUSIA. ..Cf)UNTY, ....~Q!lIl!A (TH.E.. .... - '-'"'""=1
IIDECLARATION'~, THE USE OF THE SUBJECT. PRO.PERIX. IS ,
RESTRICTED TO PROHIBIT RESIDENTIAL USE ON THE SOUTHERLY 150
FEET, BY ACQUIRINGANYINTERESTINTHESUBJECTPROPERTY, you
._. '~
WILL BE BOUND BY THE TERMS OF SAID.DECLARATION IN.CLlfDIN.G .____--:
THE WAIVER OF ANY AND ALL RIGHTS TO BRING A..COURSE OF
.-:
ACTIONAGAINSTTHEOWNER(S)OFADJACENTLANDFORIVUISANCE1. . .... ~
ANNOYANCE, EXCESS/VEND/SE OR ODORS, ORANY.CLAIMSRELATED -- ..~
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THERETO, SO LONG AS THA'{,PROPERTY IS USED FORINDUST~ OIL. __
MANUFACTURING PURPOSES. IF YOU II4 VB QUEST!QNS.JmGAlU!Il'f(j..~. ._~
THE SAME, PLEASE CONSULT WITH A RE.AL ESTATE ATTORNEY. -=:d
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G.
Once Developer has obtained approval for development of the Project from the City,
the City may penn it Developer to install a temporary CQnstrucdQnlsales trailer on the subject
property.
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(^gr~~~!1t1Zoning - Edgewater Harbor)
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Book: 5346
Page: 563 .
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Developer hereby agrees that a landscaped buffer and berm will be constructed within the
one hundred fifty foot (150') building setback on the southern most property line where residential
use is adjacent to industrial zoned property. The landscaped buffer and berm shall comply with the
applicable standards set forth in the City Land Development Code and shall:
1.
Extend from the right of way or setback ~ong U.S. Highway I to the dry
. boat storage building;
2.
Be an average width offifty feet (50~ alons the total length of the berm;
3.
Be a minimum width of forty feet (40') at anyone point;
4.
Be a minimum of four feet (4') in height with a 3:1 slope; and
5.
Have landscaping with a minimum of fifteen feet (15') height and fifty
percent (50%) opacity within one (1) year.
The benn and as~ociated landscaping within ~he buffer shall be constructed in conformance
to the Typical Landscape Buffer Plan, a copy of which is attached hereto and incorporated by
reference in Exhibit "C". During the submittal process, Developer will provide a complete set of
landscape design plans to the City,
Notwithstan~ing anything to the contrary con~ned in ~s Agre~1!!ent or the. City's .!--and .
Development Code, no brick or block wall or fencing of any type"shall be required within the berm
or between the Property and the neighboring property to the south.
4.
" FUTURE LAND USE AND ZONING DESIGNATION
The Future ~d Use designation for Edgewater Harbor cl:!:!Tently is being. am"en9:~dt<? ~ix~~_
Use with Conservation Overlay. The zoning designation for Edgewater Harbor shall be RPUD
. - ,-. "' . . - .- .",y. ". ._- .
(Residential Planned Unit Development).
(A..gr~llll;ntlZQnin,g - Edgew3tc;r H3rPQf)
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Book: 5346
Page:: 564
s.
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 eight inch (8") water main throughout the develop~~t. City agrees to reserve po~ble
water capacity within its system up to an average daily flow ofJ.OO,OOO gallons per .day fo~Jhis
project as Developer complies with Paragraph 5.G. of this docwnent. 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 a.t the time of platting or site
plan approval, or in accordance with the requirements contained in Section 5.K.6. - Bonds as it
relates to performance bonds.
B.
Developer agrees to connect to and utilize, the Coun,ty' s wastewater transmission and ..
collection system. City agrees to reserve capacity within it's wastewater syste~ up to an average
daily flow of200,000 gallon per day for this project, as Developer complies with Paragraph 5.0. of
. -
this document. 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 Section 21-165 of the Land Development Code.
C. The City has detennined that reclaimed water is unavailable and will not be available.
in the foreseeable future.
D.
All electrical services will be underground.
E.
Interior Roadway improvements and all associated rights"of~way shall be privately
maintained by the respective Associations.
F.
Off-site improvements (including but not limited to intersection improvements, turn
(Agreement/Zoning - Edgewater Harbor)
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Page 9 of 25
Book: 5346
Page: 565
. 0 lanes, acceleration lanes, deceleration lanes, signalization), if any, are the Developer's responsibility - . ,
and shall meet all City, County andlor State requirements and approval.
G.
Impact fees for each dwelling unit will be paid in accordance with the following
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schedule:
Water - Paid to City by applicant at the time ofFDEP-Capacity Reservation (pennit).
Sewer - Paid to City by applicant at the time ofFDEP Capacity Reservation (l?'c;nnH).
Police, Fire, 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 COWlty Impact fees for Roads and Schools - Paid at City Hall by applicant prior to
a Building Certificate of Occupancy.
'0
The amount of all required impact fees shall be at the prevailing rate authorized at the time
of building permit applipation.
"'-"
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.
1. Developer agrees to reimburse the City of Edge.water for direct costs as~~~~ated w;th ..
the legal review, engineering review and construction inspecqo~relat~d to the, Edgewater ~.!ll:.bQr.
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:
(AgreementlZoning - Edgewater HlIfbor)
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Book: 5346
Page: 566
Water Distribution SY~t;m including fire hydrants.
Sewage Collection and Transmission System.
Stormwater collection/treatment system.
Provide all required pavement marking and signage (stop signs, road signs, etc.)
within th~ Project. All signage shall comp!y with FloJCi~ pep~e~t_~"
Transportation (FDOT) standards,
Developer is responsible for recordation of plat upon approval by the City of
Edgewater.
6.
If developer desires to plat prior to installation and dedica.tion of infrastructure, a
Performance Bond shall be required for 110% of the costs of all requir~ment
improvements. A Maintenance Bond equal to 10010 of the cost of the infrastructure
improvements shall be provided to the City prior to recording of the Final Plat. The
Maintenance Bond shall bem effect for a twaTry-year perIod.
7.
The Developer shall provide a recreationaljQgging path with ~ natural surface cover
in lieu of sidewalks. Pedestrian circulation systems shall be maintained by the
respective Associations.
8.
Street Lighting shall be maintained by the respe~tive Assoc~atio~ ~~_~e installed
by the Developer at time of infrastructure or prior to the issuance of the Certificate
of Occupancy for each building.
L.
Recreational Facilities.
The Developer agrees to construct a recreational facility accessible to residents to include
a pool, cabana, landscaping, irrigation, lighting and parking.
(Agreement/Zoning. Edgewater Harbor)
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Book: 5346
Page: 567
6.
CONSISTENCX.oF DEVELQPMENT
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The City agrees to issue the required pennits 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
The Developer shall convey to the City of Edge water I ~iwarranty deed and title insuranc~
free and clear of all liens and encumbrancest all utility easements as required. All roadways
accessing public areas will be deeded to the City. Roadways servicing the residentiatcommunity
only will remain privately owned and maintained by the Condominium Association. Law
enforcement, Fire protection and other emergency services, trash and recycle collection will be
provided by t!Ie City of Edgewater throughou~ the Edgewater ,H<l!:..bor Deve~opment.
8.
PERMITS REQUIRED
The Developer vv.il1 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 ~d Wildlife __ _
Conservation Commission.
2.
City of Edgewater - Rezoning, Subdivision Plat and/or. Site PIll!' approval,
Subdivision Construction Plan approval, all applicable clearing, removal,
construction and building permits.
3.
This site may require a Volusia County Environmental Penuit.
4.
100 year flood elevation for the Indian River is.7.0 feet. MinimunLfinished flo.OL.
(Agreement/Zoning. Edgewater Harbor)
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Book: 5346.
Page: 568
elevation !jhall be 8.0 feet.
9.
DEVELOPMENTREOUIREMENTS
Failure of this Agreement to address a particularpennit, condition, term or restriction shall
not relieve the Developer of the necessity of complying with those pemritting requirements,
conditions, tenns or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherw~$e amendeg., mQdifi~ Qr 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 excep~ as designated in this Agreement and
in the Master Plan.
Developer shall establish a mandatory Condominium Association for the purpose 01
maintaining the residential property and eiiforcing. applicable covenants and restrictions. The
mandatory Condominium Association will be responsible for the street lighting and pedestrian
circulation system requirements that result from the project including payment to Florida Power and
Light for installation, maintenance and power consumption, the maintenance of the stormwater areas
within the residential portion of Edgewater Harbor, common area tracts as depicted on the plat,
pedestrian systems, and private streets within the gated community. The Condominium Association
documents, including applicable articles ofincotpotatiort: COVenants and restrictions: anKby-Iaws
shall be reviewed and approved by the City prior to Final Plat and/or Site Plan approval.
Developer shall establish a mandatory Property Owner's Association for the commercial
properties for the purpose of maintaining the public-access property and enforcing applicable
covenants and restrictions. The mandatory Property Association will also be responsible for the
(Agreement/Zoning - Edgewater Harbor)
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Book: 5346
Page: 569
stre~t lighting requirements that result from the project including payment to Florida Power and
Light for installation. maintenance and power consumption, the maintenance of the stormwater areas
within the public-access portions of Edge water Harbor, cornmon area tracts as depicted <?n the plat,
pedestrian systems and public-access streets within Edgewater Harbor. The Property Owner's
Association docwnents, including applicable articles of incorporation; covenants and restrictions;
and by-laws shall be reviewed and approved by the City prior to Fixial Plat and/or Site Plan approval.
10. CAPITAL IMPROVEMENTS ASSOCIATED WITH BOSTON WHALER
Subject to annexation by Boston Whaler, the City and Developer agree to assist Boston
Whaler with odor-causing emissions. All parties (Developer, City and Boston Whaler), will each
contribute a one-third (1/3) portion of the improvements associated with these improvements in
accordance with the Cost Sharing Agreement dated June 21, 200~.
11.
HEALTH SAFEn' AND WELFARE REQUIREMENTS
The Developer s,hall comply with stich condit~ons, terms, restrictions, or other requirements
detetmhied to be necessary by the City for the publie helllth, sllf'ety, or welfnre of its citizens,
12.
APPEAL
If the Developer is aggrieved by any City official intefpr~ng the terms ofthi~.A~e~e?t, .-.,
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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 COl11lcil agenda. The acti9n of the City._
Council is the final authority concerning this Agreement, subje~.k however, to .~e p~es' Ijghts t? .__
invoke the remedies provided below.
13.
PERFORMANCE GUARANTEES
During the term of this Agreement r€?gardless _C?fthe oml:~rship of~e.~Eoperty, th~ Prop~rty__
(AgreementlZonin8 - Ed~ewater Harbor)
13
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Boak: 5346
Page: 570
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.
14. BINDING EFFECT
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 assip and any personr firml corporation, or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and s~ll run with ~e l~d ~~!>~~l be
administered in a manner consistent with the laws of the State of Florida.
15.
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.
'-
16.
PERIODIC REVIE'V
The City shall. review the development s~ject to this Agreement every 12-mon~~
coromen.clng 12-Q.lonths after the date of this Agreement to dete~ifie if ~~~e h~ been good fa!!h.
compliance with the terms of this Agreement. Ifthe City fmds on the basis on competent substantial
evidence that there has been a failure to comply with the terms of this Agreement, subject to__
Developers' right to cure provided below, the Agreement may be revoked or modified by the Ci ty.
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, City s~a11 notify Devel~per .!!l_~t,ing ~f
the claimed default, and Developer shall have the right to cure the default within thirty (30) days
after receipt of City's notice. Developer shall not be deemed in default hereof: and City shall inyoke
no remedies, if Developer cures the claimed default within thos~ thirty (30) days. Further, if the
default is of such a nature that it cannot be cured through the exercise of reasonable dil~eI;lce wit~in _~ _
. . _(Agr~ement/Zoning - Edgewater Harbor)
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Book: 5346
Page: 571
thirty (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 withiri thirty (30) days after
receipt of City's notice>> and thereafter cures the default within ninety (90) days.
17. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled>> and
interpreted according to the laws of the State of Florida.
18. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
19. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
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previous discussions, understandings>> and agreements>> with ~.Q~ct to the. ~bject miltter hereo(._ n.
o Amendments to and waivers of the provisions ofthi~ Agreement shall be made by the. parties only
F
in writing by fonnal amendment.
20.
FURTHER DOCUMENTATION
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.
21.
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. 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.
(Agreement/Zoning. EdgewlIter Harbor)
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Page: 572
2~.' 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
l~Y~l~1 incl"Qing Q~vtyy pwcr;~in~~l with91Jt ~~g~d to wh~ther mlY leg~l proce~ings ~e
commenced or whether or not such action is prosecuted to judgment.
23. COUNTERPARTS
This Agreement may be executed in any number of co~terparts, each of which sh~.l be
deemed to be atl original but all of which together shall eonstitut~ one and the same instrom~t.._ ___
24.
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 ofth1s Agreement.
25.
SEVERABILITY
If any sentence, phrase, paragraph; provision, or portion of this Agreement is for any reason.
held invalid or Wlconstitutional 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.
(Agreement/Zoning - Eligewater HlY'bor)
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Book: 5346
Page: 573
IN WITNESS 'VIIEREOF, the parties have caused this Agreement to be made and entered
into the date and year fIrst written above.
_~ATTEST:
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For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
(Agreement/Zoning - Edgewater Harbor)
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CITY COUNCIL OF THE emT OF
EDGE'V ATER, FLORIDA
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Donald A. Schmidt
Mayor
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Legal AsslstantIParalegal
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Approved by the City Council of the City of
Edgew.~ ~eetiog held 00 this 2L-- --J
day of ,. 2004 under Agenda Item _, _'~, ~
No.6 C. . .~~~:_ :._' ,=_~
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Signed, sealed and delivered
in the presence of:
EDGE~An;~~O~~R)
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Hawk McMillan
Title: . ;"}-Pr1~'~
Dated:. ~;; </
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STATE OF FLORIDA
COUNTY OF VOL USIA
The foregoing instrument was acknowledged before my on this ':l.\~ daYil'l'" <2004, by
HA'VK McMILLAN who has authority to execute this document on behalf of E E)-VATER
HARBOR, LLC and who 0 is personally kno...wn or. 0 ~ has_ produced
as identj.tication ~d who dicl(did not) take an oath.
(AgreementlZoning'- Edgewater Harbor)
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EXHIBIT "A"
LEGAL DESCRIPTION
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(Official Record 2766, Page 307, Per Volusia County, Florida.)
That part of the South 924.00 feet as measured on the East Right-of-Way line of U.S. Numoer 1
Hishway of lots One (1)1 Four (4) and Twenty-Two (22),' Ass,essor's Subdivision 9f,the .q:E.
McHardy Grant as recorded in Map Book 3, Page 152 of the Public Records ofVol~i8:.C<?~ty.
Florida, lying North of Riverfront Estates Subdivision as recorded in Map Book 19, Page 18, of the
Public Records of V olusia County, Florida, and that part of Sections 13 and 24, Township 18 Soutli,' -
Range 34 East, lying East of U.S. Number 1 Highway and ~etween the described property.
Containing 59.94 acres more or less and being in Volusia County, Florida. .r'- "'0
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General Notes:
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Legal description from June 19, 1969 survey by W.E. Swoope Jr., R.L.S. #417 -
Bearing structure shown based on bearing of SOl!th property line per above 1969 ...
survey. ==1
Warranted deed as shown per Official Record 2766, Page 307 per Volusia County, ----=---,
Florida. '_., -- _ .!
There may be additional information found in the public records of V olusia County, . -~
Florida. No Title information provided. ...-J
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Land containing 59.94' acres more or less. . .. .. _ _ _ _0 .-~
Mean high water line as shown Elev. = 1.14 N.G.V.D, 1929 per sler (09<mra:n.. __ .__
interpolation from topographic survey Upham File #D-188 for waiver of survey - ,
requirements for public easement 06/21/1999. This line has not been revised in the
current survey. ._ _~ - ~I
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(MEAN HIGH WATER MARK
'Ell:\'. 1.14 N.Ci.v.O 1929
PER SLER 0960 WA~ER
OF SURVEY REQUIRMENT~
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Volusia ColrItY. Clerk of Court
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TENTATIVE AGENDA ITEMS
APR18
1) Res #2005-R-, Carson abandonment
2) 1 nd Reading, Ord #2005-0-07, Comp Plan Amend, Halstead, 2.3 :t acres - cont from 4/4/05, item 6A
3) 1st Reading, Ord #2005-0-, Comp Plan Amend, Targator (Tim Howard) 2 acres
4) 1 st Reading, Ord #2005-0-, Zoning Map Amend, Targator (Tim Howard) 2 acres to RPUD
5) 1 st Reading, Ord #2005-0-, Annexation 99:t acres, ASD properties east of Old Mission
6) 1st Reading, Ord #2005-0-, Annexation, Tobin 30 acres
7) Preliminary Plat approval, 15 unit single family subdivision (Nocatee)
8) Mark Hall for JC Carder, requesting reduction of Code fine
9) New positions: Animal Facility Administrator, Bldg. Inspector (residential), 2 firefighters
MAY 2
1) 2nd Reading, Ord. #2004-0-31, Annexation 5601 acres, Snowden - cont from 317/05, item 6A
2) 2nd Reading, Ord #2005-0-07, Comp Plan Amend, Halstead, 2.3 :t acres
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
5) 2nd Reading, Ord #2005-0-, Annexation 99:t acres, ASD (Rodney Jones) properties E of Old Mission
6) 2nd Reading, Ord #2005-0-, Annexation, Tobin 30 acres
7) 1st Reading, Ord #2005-0-, Comp Plan Amend, U-Sto-It (Edgegate) .32:t acres
8) 1st Reading, Ord #2005-0-, Zoning Map Amend, U-Sto-It (Edgegate) .32:t acres
9) Res #2005-R-, Amending Personnel Policy and Procedures
MAY 16
1) 2nd Reading, Ord #2005-0-, Comp Plan Amend, U-Sto-It (Edge gate) .32:t acres
2) 2nd Reading, Ord #2005-0-, Zoning Map Amend, U-Sto-It (Edgegate) .32:t acres
3) 1 st Reading, Ord #2005-0-, Annexation, Glenn Storch (Miller) 20 acres
4) 1st Reading, Ord #2005-0-, Annexation, Carder US 1 & Godfrey
5) 1 sl Reading, Ord #2005-0-, Rezonings, Airpark-Massey area
6) 1 st Reading, Ord #2005-0-, Comp Plan Amend, Herman
7) 1 st Reading, Ord #2005-0-, Rezoning, Herman
8) 1 st Reading, Ord #2005-0-, Comp Plan Amend, River Colony 4 acres N of Jones Fish Camp Rd
9) 1 st Reading, Ord #2005-0-, Rezoning, River Colony 4 acres N of Jones Fish Camp Rd
10) 1 st Reading, Ord #2005-0-, Annexation, River Colony 4 acres N of Jones Fish Camp Rd
11) 1 st Reading, Ord #2005-0-, Annexation Glenn Storch west of US 1, N ofWm Street
12) 1 st Reading, Ord #2005-0-, Rezoning HickeylMiller residential to R-l, 2 acres
13) 1 sl Reading, Ord #2005-0-, Annexation Westar Homes, Packwood Rd, 20 acres
JUN6
1) 2nd Reading, Ord #2005-0-, Rezonings, Airpark-Massey area
2) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Herman
3) 2nd Reading, Ord #2005-0-, Rezoning, Herman
4) 2nd Reading, Ord #2005-0-, Annexation, Glenn Storch (Miller) 20 acres
5) 2nd Reading, Ord #2005-0-, Annexation, Carder US 1 & Godfrey
6) 1 st Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, StorchlHickey - Med Density Residential
7) 1 st Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Storch/Belmont -
8) 1 st Reading, Ord #2005-0-, Rezoning - StorchlHickey - RPUD
9) 1 Sl Reading, Ord #2005-0-, Rezoning - Storch/Belmont - RPUD
U 10) 1 sl Reading, Ord #2005-0-, Comp Plan Amend, Sfera - Commercial
11) 1 st Reading, Ord #2005-0-, Rezoning, Sfera
12) 1 st Reading, Ord #2005-0-, Comp Plan Amend, Kayat - Industrial
13) pt Reading, Ord #2005-0-, Rezoning, Kayat
Rev. 3/29/05
I:\liz_ docs\outlines\aitems041805
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14) 151 Reading, Ord #2005-0-, Comp Plan Amend, Jalbert 12 acres
15) pI Reading, Ord #2005-0-, Rezoning, Jalbert 12 acres
16) 151 Reading, Ord #2005-0-, Comp Plan Amend, Jalbert 1 acre
17) 151 Reading, Ord #2005-0-, Rezoning, Jalbert 1 acre
18) 151 Reading, Ord #2005-0-, Annexation, Riverclub 41.891 acres
19) 151 Reading, Ord #2005-0-, Halstead PUD
20) 151 Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Carder - Packwood
21) pI Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Scott Tobin
22) 151 Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend ASD Properties (Rodney Jones) 99 acres
23) 151 Reading, Ord #2005-0-, Rezoning, ASD Properties
24) 151 Reading, Ord #2005-0-, Rezoning, Carder
JUN 20
1) Res #2005-R-, Scott Tobin abandonment
2) Pinehurst subdivision
3) Adkins subdivision
(JUL 1 - Council to receive proposed budget)
JUL 13 - 5:00 pm - Work Session - FY 2006 Budget
JUL18
1) Council authorizes advertisement of proposed tax rate
2) Text Amendment, LDC Changes (TA-0401)
The following are waiting on comments from DCA pursuant to June 6 transmittal:
1) 2nd Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Storch/Hickey - Med Density Residential
2) 2nd Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Storch/Belmont -
3) 2nd Reading, Ord #2005-0-, Rezoning - Storch/Hickey - RPUD
4) 2nd Reading, Ord #2005-0-, Rezoning - Storch/Belmont - RPUD
5) 2nd Reading, Ord #2005-0-, CompPlan Amend, Sfera - Commercial
6) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Kayat - Industrial
7) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Jalbert - 12 acres
8) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Jalbert - 1 acre
9) 2nd Reading, Ord #2005-0-, Rezoning, Jalbert 12 acres
10) 2nd Reading, Ord #2005-0-, Rezoning, Jalbert 1 acre
11) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Carder (Packwood)
12) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Scott Tobin - High Density Residential
13) 2nd Reading, Ord #2005-0-, Comp Plan Amend, ASD Properties - Med Density Residential
14) 2nd Reading, Ord #2005-0-, Rezoning, Carder
15 2nd Reading, Ord #2005-0-, Rezoning, Scott Tobin
16) 2nd Reading, Ord #2005-0-, Rezoning, ASD Properties
17) 2nd Reading, Ord #2005-0-, Rezoning, Kayat
18) 2nd Reading, Ord #2005-0-, Rezoning, Sfera
Rev. 3/29/05
(:\liz _ docs\outlines\ailems041805