05-02-2005
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Voting Order
Councilman Brown
Councilman Vincenzi
COlO1Cilwoman RIwdes
Councilwoman Lichter
Mayor Schmidt
AGENDA
CITY COUNCIL OF EDGEW ATER
REGULAR MEETING
May 2, 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 March 7, 2005
B. Regular Meeting of March 21,2005
C. Regular Meeting of April 4, 2005
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
None at this time.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or less.
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing, Regions Bank proposed Lease/Purchase Agreement for the
property at 1404 S. Ridgewood Avenue for a new City Hall.
B. 2nd Reading, Ord. No. 2004-0-31, Dan Robison, Highway 442 Partners, LLC,
agent for Vincent and Pamela Snowden, requesting annexation of 5,601::!::
acres of land located north of SR442, east and west of 1-95 - cont. from
3/07/05, item 6A.
C. 2nd Reading, Ord. No. 2005-0-08, Targator Partners, LLC requesting an
amendment to the Official Future Land Use Map from Commercial to High
Density Residential for 2.67::!:: acres ofland located on the southeast corner of
Falcon Avenue.
D. 2nd Reading, Ord. No. 2005-0-09, Targator Partners, LLC requesting an
amendment to the Official Zoning Map from B-3 (Highway Commercial) to
RPUD (Residential Planned Unit Development) for 2.67::!:: acres of land
located on the southeast corner of Falcon Avenue.
E. 2nd Reading, Ord. No. 2005-0-10, Scott R. Tobin, agent for Mid Florida
Investments, LLC, requesting annexation of30.01::!:: acres of property located
east of US 1 and north of Jones Fish Camp Road.
F. 2nd Reading, Ord. No. 2005-0-11, Rodney Jones, agent for A.S.D. Properties
Management, LLC, requesting annexation of 100.66::!:: acres of property
located east of Old Mission Road and north of Mission Oaks Condominium.
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City Council Agenda
May 2, 2005
Page -2-
6. Public Hearings, Ordinances and Resolutions Cont.
G. 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- cont. from April 4, 2005, item 6A.
H. 1 st Reading, Ord. No. 2005-012, Edgegate LLC requesting an amendment to
the Comprehensive Plan Future Land Use Map to include .32::!:: acres ofland
located north of3725 US1 as Commercial.
1. pI Reading, Ord. No. 2005-0-13, Edgegate LLC requesting an amendment
to the Official Zoning Map to include .32::!:: acres of land located north of
3725 US1 as B-3 (Highway Commercial).
7. BOARD APPOINTMENTS
A. Citizen Code Enforcement Board - nomination by Mayor Schmidt to fill seat
due to the expired term of Glenn Barnhill, who requested reappointment.
8. CONSENT AGENDA - None at this time.
9. OTHER BUSINESS
A. New Positions - staff recommending approval of the creation of an Animal
Services Administrator and a Residential Building Inspector and the addition
of two (2) Firefighters.
B. Highway Maintenance Contract - staff recommending approval to piggy back
on New Smyrna Beach's contract with United Lawn Services for
maintenance along SR442 and US 1 for a sum of $81 ,964.08 per year for a
minimum of three (3) years, amend the current FDOT agreement to include
maintenance of US 1 from Voleo Road to Ariel Road and once amended,
amend agreement with United Lawn Services to include maintenance of US 1
from Voleo Road to Ariel Road for a sum of$17,293.43.
C. Paving Waiver - staff recommending approval of the Deffered Paving
Agreement for construction of the Christian Church of Edgewater to be
located north of 132 W. Park Avenue.
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 May 16,2005, agenda must be received by the City Manager's office no later
than 4:30 p.m Monday, May 9, 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.
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PUBLIC HEARING
May 2, 2005
ITEM DESCRIPTION:
Regions Bank proposed Lease/Purchase Agreement for property at 1404 S. Ridgewood Avenue for
a new City Hall.
BACKGROUND:
The City Council received a proposal from Pat Card and David Ross concerning a possible
lease/purchase agreement for the Regions Bank building. The City Council received the proposal
at the meeting of April 4, 2005, and requested a public hearing for the purpose of seeking public
input be scheduled for May 2,2005. City staffhas advertised the public hearing in the newspaper,
Penney Saver and the City's website.
The proposed lease/purchase agreement has been reviewed the City Attorney and does not appe'lr
to be a market-rate lease and therefore, would be a borrowing that exceeds the City Charter limits.
Attached for you review and discussion are:
1.
2.
3.
4.
5.
Financial summary of lease/purchase
Letter from City Attorney
Proposed lease
Website summary
Telephone/e-mail results
As of April 26, 2005, the City has received no further input from Regions Bank.
eM 2005-57
I:\liz _ docs\CityHalISite\publichearing050205
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Regions Bank
Referendum: 11/2/04
Question: Purchase & Renovate Regions Bank for $3.2 million not to
exceed 30 years at 7% with millage rate not to exceed .41
mills
Results: 4,087 For
5,548 Against
LeaseIPurchase Option
Proposal: 4/14/05
Year 1
Years2-5
$34,366.66/month -
$41,666.00/month -
$413,599.92/year
$499,992.00/year
Total Cost =
$2,413,577.92
9.7% increase from original purchase/sale at $2.2 million
By Lisa
I:\liz _ docs\CityHallSite\RegionscostsApri1200S
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u Cost to Upgrade Regions Bank
Item Year 1 Cost Years 2-5 Cost
Demolition - $12,000 -0-
Structural - $200,000 $350,000
Hurricane Resistant,
Water Proof,
Hardening
Reconstruction - -0- $225,000
Council Chambers
Generators/Power Upgrades $100,000 $100,000
U Lighting/Energy Upgrades $20,000 $75,000
IT /Phone System $50,000
Security $10,000 $25,000
Fire Detection! Alarm $50,000
Mechanical/Plumbing $150,000 $50,000
HV AC, Ducts,Controls
Furniture $100,000 $100,000
Total $672,000 $925,000*
* 4 year average = $231 ,250/year
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Cost (Lease Plus Improvements)
By Lisa
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Year 1 - $1,085,599.92 - $1.1 million ($90,466.66/month)
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Years 2 - 5 - $731,242 - $.75 million ($60,936.83/month)
5 year cost - $4.1 million ($68,333.33/month)
Average Annual Cost - $.820 million
1 mill produces $.639 million
Average Annual Equivalent Cost - 1.301 mills
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MEMORANDUM
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
CLIENT-MATTER NUMBER
022581.0136
TO:
Ken Hooper, City Manager
Paul E. Rosenthal, City Attorney f { rl-
FROM:
DATE:
Apri1.14, 2005
RE:
Proposal To Lease Building from Regions Financial Corporation
I have reviewed the Proposal to Lease Premises dated March 4, 2005 submitted
by Regions Financial Corporation with respect to the property at 1404 S. Ridgewood Avenue
(the "Bank Proposal"). The Bank Proposal calls for a triple net lease with a 5 year term. Rental
payments during the term would total approximately $2,410,000. At the end of the term, the
City could elect to purchase the Property for $10.00 (which essentially means that the rental
payments are credited against the purchase price). The previous purchase agreement called for a
cash purchase price in the amount of $2,200,000.
In my opinion, the Bank Proposal is really a proposal to sell the property on terms
with payments being made over a 5-year term and a $210,000 premium being added which is
equivalent to interest. The monthly rental does not appear to be a market rate for the leasing of
space on a triple net basis. As such, the proposal would, in my opinion, be subject to the
borrowing limitations set forth in the City Charter and should be evaluated as a loan.
A proposal with a longer term and a market rate lease would be a true lease and
would not be subject to the borrowing limitations set forth in the City Charter. Under such
circumstances, it may be reasonable to negotiate a long term lease with an option to purchase
under which the rental payments are credited in whole or in part towards the purchase price
under the option.
FOLEY & LARDNER LLP
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March 4, 2005
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Mr. David Ross
2803 Needle Palm Dr.
Edgewater, FL 32141
RE: PROPOSAL TO LEASE PREMISES
1404 S. Ridgewood Avenue
Edgewater, Florida
Dear Mr. Ross:
Regions Bank is pleased to offer the city of Edgewater this proposal to lease the building
located at the above address upon the terms and conditions set forth below.
Master Landlord:
Regions Financial
("Landlord").
Corporation
Tenant
City of Edgewater ("Tenant").
Leased Premises:
Tenant to occupy the approximate
space identified below, located at
1404 S. Ridgewood Avenue,
Edgewater Florida.
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Year 1: 7,500 square feet
Year 2: 14,700 square feet
encompassing the entire building.
Lease The lease Commencement Date for
Commencement Date: the Leased Premises shall be July 1,
2005.
Base Monthlv Rent:
The city of Edgewater shall pay a
Base Monthly Rent as set forth below.
Year 1: $34,466.66
Years 2 thru 5: $41,666
All rents are quoted on a Triple Net
basis with Tenant being responsible
for their pro-rate share of all expenses.
Tenant Improvements: Landlord is offering the Premise on an
lias is" basis. Tenant shall be
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Mr. Richard S. Cooper
April 14, 2003
Page 2
responsible for any improvements
performed on the space, including and
not Iimitied to . any /, regulatory
requirements related to ADA.
Operatina Costs and
Taxes:
Tenant shall be responsible for its pro-
rata share of all operating expenses.
Utilities shall be transferred into
Tenant's name.
Term:
Landlord proposes a five (5) year
Lease term.
Tenant Plans
Tenant, at Tenant's expense, will
supply all architectural and
engineering working drawings,
including mechanical, electrical and
plumbing working drawings as
required for the permitting and
construction of the Premises. Plans
are subject to Landlord's reasonable
approval.
Security Deposit:
Landlord shall not require a Security
Deposit from Tenant.
Sublettina/Assianment Tenant shall have the right to sublet or
assign all or a portion of the Premises
without Landlord's consent (a) in
connection with any merger or
consolidation, (b) to any entity
succeeding to the business and
assets of Tenant. Landlord's consent
to an assignment or subletting shall
not be unreasonably withheld or
. delayed. Any profit from sUbleasing
shall inure to the benefit Landlord.
Sianaae: Upon the 1 st anniversary date of the
Lease, Tenant shall have the right to
place its name upon the building in a
professional manner, approved by
Landlord.
Parkina:
Tenant shall have the right to utilize %
of the existing parking spaces located
on the property
Mr. Richard S. Cooper
April 14, 2003
Page 3
Access to Premises:
Option to Purchase:
.
,
Tenant shall have access to the
Building and Premises 24 hours per
day, 7 days per week.
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Provided that Tenant is not in default,
Tenant shall be granted a one-time
option to purchase the property by
submitting to Landlord within six
months of the expiration of Lease,
notice of Tenant's intent to purchase
the property upon expiration of the
Lease. The one-time purchase price
for the property shall be $10.00.
Tenant's option to purchase the
property is not assignable.
This letter constitutes a proposal of terms only and is not intended to constitute a binding
agreement unless a written agreement, in a form mutually acceptable to the parties, in
their sole discretion, is prepared and signed by both parties. The parties hereby
recognize that no special relationship has been created between the parties by virtue of
this letter. The parties have no obligation to one another in the event a formal written
agreement is not executed as provided. 0
We appreciate your review and consideration of this proposal. The terms of this
proposal shall be open to The City of through Friday, April 15. Again, we appreciate
your interest and would be happy to discuss our proposal in further detail at your
convenience.
Best regards,
Keith Pressley
Corporate Real Estate
AGREED TO AND ACCEPTED BY:
The City of Edaewater. Florida
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Mr. Richard S. Cooper
April 14, 2003
Page 4
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Its:
Date:
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Ouestion Results
I.Support idea? Yes: 79.66%
No: 20.34%
Total Responding - 59
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We voted for the issue in November and believe more than ever that Edgewater needs a new city hall.
We firmly believe that Edgewater cannot afford to not take advantage of this opportunity. Count two
votes in favor of moving forward with the lease/purchase of the Regions Bank Building. Sincerely,
Lorraine and Dale Tahner 802 Masthead Lane
The City doesn't need to be buying prime properity on US I for a city hall. There is no reason they can't
not remodel and expand the present City Hall. This seems to be a big fault with this City, they don't
maintaine what already excist, present City Hall, roads, street signs, etc. How can you say taxes will not
be raised. This is a worst deal than the first one, how are you going to replace the 2.5 million in the
general fund plus the remodeling money for the Bank you failed to mention without increasing taxes.
Now you say if the deal go's threw your not going to be maintaining any streets for the next 5 years,
your not maintaining them up to standards now. A new City Hall will not benifit the citizens one bit, just
you how work there. Regards: WW
I think this is a wonderful option, especially since the voters chose not to purchase the building outright.
What a mistake! But this option can have the same outcome in the end and the city needs a new
building. The present building is such a liability. I don't see how the city can afford to stay in the current
building. Go for it! Debbie Brazzell 2018 Willow Oak Drive
My wife and I fully support this idea. It is the cheapest and most effective way to replace the old and 0
decrepit current city hall.
What part of no don't you understand! This isn't any "deal" for the people of Edgewater. The other
question you haven't answered is, if you got the building at the end of five years, where would the
renovation money come from? Merrill V. Tilison Jr 2705 Sabal Palm EdgeWater, FI
Thad R. and Kathleen Sizemore, 223 Ranken Drive, Edgewater, support the idea of lease/purchase of
Regions Bank, even though it appears that the City is not accepting the decision of its citizens in the last
vote. One concern is whether or not there is room to expand in our ever so quickly growing City.
A good solution for a difficult problem
I feel it is time that our city takes a step forward and move the image of the city into an attractive and
modern facility. I was in the current city hall right after the hurricanes to apply for a roof permit and
those poor employees were working in a water logged building with fans and dehumidifiers working
overtime to remove the water and stop the buildup of mold. Weare planning numerous new
subdivisions with nice new homes from $250,000 and up and yet our city hall looks like it represents a
city of disrepair. It is bad enough that we do not have a downtown or a square, it is time that we have a
respectable and visibly attractive City Hall for us all to be proud.
I think it is a great idea. It doesn't raise taxes, but gives much needed and healthier space for our city hall
workers. Go for it.
I support the lease/purchaseo f the Regions Bank and, in fact, supported the "Decade of Excellence" 0
when it was on the voting ballot. I applaud the actions of the two individuals for taking the initiative to
speak to the bank representatives to arrange this opportunity. We cannot grow our community with
http://collective.homelinux.net/-jack/results. php
4/22/2005
Page 2 of 4
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limited thinking.
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As a resident of the city of Edgewater I was very disgusted that the residents voted against purchasing
the Regions Bank building. Why not pay less now rather than a whole lot more to build a new structure
down the road when the current location falls apart!
It solves a desperate need. Thanks for finding a reasonable solution around the "No".
I have supported the purchase of the Region's Bank building for use as our City Hall twice at the polls.
This new approach is a reasonably good alternative.
I FEEL THIS HAVE BEEN DONE LAST YEAR.
I think the citizens of Edgewater are not aware of the problems and conditions that exist at the present
city hall. I have listed some of the problems that exist at the present city hall. 1. The building location is
exposed to severe weather conditions. Each time there is severe weather the records must be protected.
2. The City probably pays a high preium on their insurance due to the proxiomty of the Indian River. 3. I
was looking for someone the other day at city hall and was amazed at the lack of space and privacy that
the employees have to work in to do their job. Suggest a video tape be made of the conditions that exist
and show it to the public, or have a cooks tour of the buiding. Joe Daly
We need a nice city hall. The Regions Bank is very nice and in a great location. 1523 Sabal Palm Drive
My wife and I wholeheartidly support the lease on the Regions Bank. After you move in it's time to sell
the property on Riverside and gain the capital gains on that property.
V After too many years of dealing with this problem and wasting our taxes on this, I think this is a great
idea to rent the bank and then to finally buy it after the lease is up. Please do not raise our taxes too.
Looking forward to the lease/purchase of Regions Bank. Good area in the city too. Thanks, Carol
Wilson Masthead Lane
No way!!!!!!!!!!! Side streets are bad,bumpy and holes in them. Bad for cars.Drainage all clogged
up.Money should be used for many other things.Old city hall looks better than a lot of the city buildings
dO.This would put more traffic on routeI,and cause many more accidents.No way would we support
this!!!!!!!!! !! Start using some of that money for our streets and hire more people to clean out our draines
so the water can run freely when it rains.
What better symbolizes a city's business attitude than its city hall. If we want to be pro-business, and get
our tax base turned around to be more business and less residential, we must attract business! And that's
not to diminish the residential importance of a decent, modern, adequate city hall. There is no
disagreement, that our current facility is beyond rehab, and the growth pattern of our community
certainly points to the Regions Bank location as a perfect new location. The lease/purchase arrangement
is an ideal way to lessen the cost impact on taxpayers. All-in-all, an ideal way to solve a problem, which
otherwise, will only get worse.
I THINK IF WE WAIT A YEAR OR SO UNTIL WE GET MORE COMMERCIAL BUSINESS TO
COME TO OUR CITY. WE WOULD HA VE A MUCH BIGGER AND BETTER BUILDING OR
BUILDINGS THAN THE REGIONS BANK. VIRGINIA MAROVITCH
<.J I think it would be helpful to the citizens if the elected officals would state their opinions on the lease
program. Your web page would be a good vehicle for this endeavor. My wife and I are both in favor of
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4/22/2005
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the lease proposal. David and Ruth Shaller 207 Wildwood Drive
I thought the people made it clear twice, no new city hall, leased or otherwise.
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I think it will save the city money instead of remodling the old hall that is money we will never get back.
Also being located on US 1 will be more accessable to the citizens.
Who gave the two citizens permission to make a deal for the city? What are they going to get out of the
deal? Seems to me they have no business getting involved in something that the voters have said NO to.
Not everyone voted NO because of the higher taxes.
I think it will greatly enhance the image of the city. It is long overdue and I was really suprised when
buying the building was defeated as a bond issue. Charles S. Agne 312 Joyce St, Edgewater
City Hall should stay on Riverside Dr. The scenery is beautiful and the building is historical. Renovating
the current building would be a better more economical idea, that will not cause the citizens of this city
to face higher taxes during a time when all other expenses are increasing while pay rates do not change.
THIS PROPOSAL IS IN IN THE BEST INTEREST FOR THE CITIZENS OF EDGEW A TER.... I
FEEL THAT REGIONS BANK HAS HONEST FEELINGS FOR OUR CITY AND IS PROJECTING
A STATEMENT FOR THEIR FUTURE. THANK yOU.......
I am behind this idea for city hall completly it is a good idea its the perfect place for a city hall
What projects will be put on hold in order to buy the bank?
No we do not!!!!
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You do need a new efficient building for all public services. While the location of the Bank is a great
public facility location, the building is not something the tax payers should be saddled with. Have any of
you bothered to talk with anyone knowledgable in buildings? The bank building was designed for
appearance, not efficiency. It will be difficult to maintain, heat and cool, the electrical is not up to date
and just about everyting else is wrong. Taxpayers would not be well served by this move. The money
boys from the bank would be happy to unload this albatros on the city of Edgewater. Let them eat their
building. There is plenty of space for a new and well designed city facility that would efficiently and
economically serve the present and future needs of the citizens and employees of Edgewater. New space
is or should cost just so much per square foot. Don't be fooled. V. Sando NSB
YES, YES, YES!!!!!!!!! I voted for it in the election. It is "THE BEST" way to go.
I SUPPORT YOUR EFFORTS TO PURCHASE OR LEASE THE REGIONS BANK BUILDING. I
DO HAVE RESERV A nONS ABOUT THE ONE MILLION DOLLARS FOR RENOV A nONS.
HAVING BEEN IN THE CONSTRUCTION BUSINESS ALL MY WORKING YEARS, I FIND IT
HARD TO BELIEVE IT WOULD COST HALF THAT MUCH. AS THE PRESENT CITY HALL
SITS ON PRIME LAND, IT WOULD SEEM REASONABLE TO DEMO THE BLDG AND SELL
THE LAND. USE THAT MONEY FOR THE RENOV A nONS. EDGEW A TER SEEMS TO HAVE
ENOUGH PARKS ALONG THE RIVER. RONALD FRIES 312 TWO OAKS DRIVE EDGEWATER,
FL. 32141
Don't need it. This is way to much money for this city to spend. Many of us work very hard for our
money,and the taxes here are unreal. I don't believe on wasting our tax dollars on something like
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4/22/2005
this. The city hall you have now has a roof.Sorry if it is not plush for your rude employees.
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4/22/2005
PUBLIC RESPONSE TO
REGIONS BANK FOR NEW CITY HALL
Results from April 5 through April 27, 2005
FOR:
AGAINST:
TELEPHONE CALLS
288
28
I:\I iz _ docs\City HailS ite\banksurveyresults050205
E-MAILS
LETTERS
22
3
9
3
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TOTAL
319
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AGENDA REQUEST
Date: April ??, 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE M:'IY?, 200';
BOARD
APPOINTMENT
CONSENT
OTHER
RUSINESS
TTRM nRSCRTPTTON:
2nd Reading - Ordinance No. 2004-0-31
Dan Robison, Highway 442 Partners, LLC, agent for
Vincent and Pamela Snowden, owners requesting
annexation of 5601.01::1: acres located North of S.R.
442 and east and west ofI-95
OWNER: Vincent and Pamela Snowden
APPLICANT: Dan Robison, Highway 442 Partners, LLC.
REQUESTED ACTION: Annexation
() LOCATION: North of S.R. 442 and east and west ofI-95
AREA: Approximately 5601.01 acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County Environmental Systems Corridor, Forestry Resource, Rural
and Low Impact Urban
ZONING DISTRICT: Volusia County - FR (Forestry Resource), RC (Resource Corridor), and A-2
Rural Agriculture.
PROPOSED USE OF PROPERTY: See Exhibit "A" for proposed development potential.
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AN-0406 - Hwy 442 partners
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
City of New Smyrna Beach- City of New Smyrna Beach-
North Vacanti Undeveloped Environmental Systems Forestry Resource and
Corridor and Forestry Resource Conservation
Volusia County A-2 (Rural
Vacanti Undeveloped V olusia County - Rural and Agricultural), A-3 (Transitional
East Forestry Resource Agricultural),and RA (Rural
AlJricultural Estate)
Mixed Use w/Conservation Volusia County A-I (Prime
Overlay and Conservation Agricultural), A-3 (Transitional
Vacanti Undeveloped AND Agricultural), B-5 (Heavy
South Commercial), B-6 (Highway
V olusia County - Rural and Interchange Commercial), and
Forestry Resource MH-4 (Rural Mobile Home)
Vacanti Undeveloped Volusia County Environmental Volusia County FR (Forestry
West Systems Corridor Resource)
Background: At their regular meeting held on September IS, 2004, the Planning and Zoning Board
voted 6-0 to send a favorable recommendation to City Council for the annexation of the subject property.
At the October 4, 2004, meeting City Council voted 5-0 at first reading to approve the proposed
annexation.
Enclosed are the following exhibits for Council's review:
Exhibit "A" - I-95/S.R. 442 Annexation Report from City of Edgewater consultant, B&H
Consultants, Inc.
Exhibit "B" - Site location map.
Exhibit "c" - Annexation Report from Volusia County consultant Ensite Design Consultants, Inc.
Exhibit "D" - Preliminary environmental assessment indicating perceived wetland impact and
threatened and endangered species impact.
Exhibit "E" - Proposed Conceptual Plan.
Natural Environment: Soil types on this property include the following: Eau Gallie Fine Sand, Gator
Muck, Malabar Fine Sand, Myakka Fine Sand, Wabasso Fine Sand, Tequesta Muck, Samsula
Muck, Smyrna Fine Sand, and Pineda Fine Sand. On-site vegetation includes: Pine Flatwood, Tree
Plantation, Mixed Wetland Hardwoods, Cypress/Pine/Cabbage Palm, Cypress Swamp, Wet
Prairie, Disturbed Lands, and Shrub/Disturbed Wetlands.
The attached preliminary biological assessment of the property indicates approximately 40% of the site is
wetlands.
AN-0406 - Hwy 442 partners
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PREVIOUS AGENDA ITEM:
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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
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." The City of
Edgewater Comprehensive Plan Future Land Use Element's Projected Land Use Needs - Future
Commercial Land further states: Additional commercial acreage is also anticipated to develop adjacent
to the Interstate 95 interchange, which is a regional opportunity for the City. Therefore, the commercial
acres-per-population ratio was projected at 15 commercial acres per 1,000 population to account for
this factor. The amount of additional commercial acres necessary to support future growth through the
year 2010 is estimated to be an additional 188 acres of developable land.
Other Matters: A Comprehensive Plan Future Land Use Amendment and Rezoning shall occur at a
later date.
ST A FF RRCOMMRNnA TION
Staff recommends approval of Ordinance 2004-0-31.
MOTION
Motion to approve Ordinance 2004-0-31.
YES
NO
x
DATE:
1 0-4-04
1 ? -0-04
1-?4-01
1-7-0')
AGENDA ITEM NO. oA
of
of
oA
Respectfully Submitted By:
~~~~
Robin Matusick .
Paralegal
\(~&'\?~~1~ ~ ~
Kenneth R. Hooper '\ ~
City Manager
AN-0406 - Hwy 442 partners
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AGENDA REQUEST
Date: April 22. 2005
PUBLIC
HEARING
ORDINANCE Mav 2. 2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-08
Targator Partners, LLC requesting an amendment to the
Official Future Land Use Map from Commercial to High
Density Residential for property located on the southeast
comer of Falcon Avenue.
OWNER: Targator Partners, LLC
APPLICANT: Targator Partners, LLC
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include
property as High Density Residential.
LOCATION: Falcon Avenue, west of Riverside Bank
AREA: 2.67:1: acres
o CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial
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ZONING DISTRICT: B-3 (Highway Commercial)
PROPOSED USE OF PROPERTY: Multi-family residential
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Desilmation
North Shopping Plaza Commercial B-3 (Highway Commercial)
East Financial Institution Commercial B-3 (Highway Commercial)
V olusia County - B-9
South Vacant V olusia County - Urban (General Office) & R-4
Medium Intensity (Urban Single Family
Residential)
Single-Family Commercial B-3 (Highway Commercial)
West Residential
CPA-0501 - Targator
.
,
,
Background: This parcel is located west of Riverside National Bank and east of the Pelican Cove West
Subdivision. The applicant is proposing to construct 22-townhouses. Proposed are four (4) buildings, three (3)
of which will have six (6) units each, the fourth building will consist of four (4) units. The applicant is
proposing a recreation area with a pool and a covered seating area.
()
A PUD Agreement shall accompany the future rezoning of this site and shall address any physical
constraints of this property.
On March 9, 2005 the Planning and Zoning Board voted to send a favorable recommendation to City
Council for the proposed amendment.
On Aprill8, 2005 City Council approved Ordinance No. 2005-0-08 at first reading.
Land Use Compatibility: The area surrounding this property consists of a mix of commercial and residential
uses. The proposed townhouses are an adequate buffer between the 'single-family homes and the commercial
to the east.
Adequate Public Facilities: This site has access to U.S. Highway 1, via Falcon Avenue. City water and
sewer is available to the site.' The previous property owner installed water and sewer lines on-site.
Natural Environment: There are no known environmental issues associated with this property.
Consistency with Comprehensive Plan:
Based on information contained the in the City of Edge water Comprehensive Plan, this development would be
consistent with the Goals, Policies, and Procedures within the Plan.
Policy 1.5.5 of the City of Edgewater Comprehensive Plan Future Land Use Element states: Higher density
residential development shall be designated for areas adjacent to more intensive land uses such as 0
Commercial and Light Industrial. Where feasible, visual buffering shall be utilized to reduce any negative
effects on the residents of such development.
The Future Land Use Element also states "Between 2000 and the year 2010, it is estimated that roughly 3,327
new housing units will be needed within the City of Edge water. This projection includes both permanent and
seasonal dwelling units. The demand for specific housing types was based on Shimberg Center for Affordable
Housing projections.
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
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 that 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.
o
CPA-0501 - Targator
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STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-08, amending the Comprehensive Plan Future Land Use
Map to include 2.67 acres of land located at the southeast comer of Falcon A venue from Commercial to High
Density Residential.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-08.
PREVIOUS AGENDA ITEM:
YES X
NO
AGENDA ITEM NO. 6A
DATE:
4-18-05
Respectfully Submitted By:
C30b;-,/''rSr:-1';
Robin Matusick ~
Paralegal
CPA-0501 . Targator
3
'~"&.-.'\2\\o~~
Kenneth R. Hooper ~\ 1\
City Manager \ U
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,
"
ORDINANCE NO. 2005-0-08
o
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
COMMERCIAL TO HIGH DENSITY RESIDENTIAL FOR
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF
FALCON 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 VOL USIA GROWTH MANAGEMENT COMMISSION,
THE REGIONAL PLANNING COUNCIL, AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1.
Targator Partners, LLC are the owner/applicant for property located at the Southeast
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comer of Falcon Avenue, Edgewater, Florida. Subject property contains approximately 2.67 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 Commercial to 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
7 to 0, recommended that the City Council approve the request.
2005-0-08
Shtick thtotlgh passages are deleted.
Underlined passages are added.
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4. In a letter dated April 4, 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 18, 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 May 2, 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 21, 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 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 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
Comprehensive Plan, specifically Policy 1.5.5 of the Future Land Use Element which states that
2005-0-08
ShltGk tmongh passages are deleted.
Underlined passages are added.
2
higher density residential development shall be designated for areas adjacent to more intensive land
uses.
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.
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.
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.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2005-0-08
Stl tick tht ongh passages are deleted.
Underlined passages are added.
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PART H. ADOPTION.
After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the
first reading of this ordinance held on Aprill8, 2005 is as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
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
2005-0-08
Sh tick tht otlgh passages are deleted.
Underlined passages are added.
4
PASSED AND DULY ADOPTED this 2nd day of May, 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
2005-0-08
Shuck tIl10ngh passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of May, 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.
A portion of Lots 14 and 15, HIGHWAY SUBDIVISION, as shown on map recorded in Map Book
8, Page 222 of the Public Records of Volusia County, Florida, together with a portion of the
Northeast Quarter (1/4) of Section 2, Township 18 South, Range 34 East, Volusia County, Florida
being more particularly described as follows:
Begin at the Northeast comer of Lot 8, PELICAN COVE WEST PHASE 3, as shown on the map
recorded in Map Book 46, Page 171, of the Public Records of Vol usia County, Florida; thence along
the Southerly right-of-way line of Falcon Avenue, North 90 degrees 00 minutes and 00 seconds East
a distance of 140.00 feet; thence South 00 degrees 00 minutes 00 seconds West, a distance of80.00
feet; thence North 90 degrees 00 minutes and 00 seconds East, a distance of 100.00 feet; thence
South 00 degrees 00 minutes 00 seconds West, a distance of 158.95 feet; thence South 25 degrees
47 minutes 11 seconds East, a distance of 172.55 feet; thence South 64 degrees 12 minutes 49
seconds West, a distance of 335.41 feet to the most Easterly comer of Lot 1, PELICAN COVE
WEST, PHASE 3, aforesaid; thence along the Easterly line of said subdivision of the following
courses, North 25 degrees 47 minutes 03 seconds West, a distance of 30.00 feet; thence North 00
degrees 00 minute 00 seconds East, a distance of513.21 feet to the POINT OF BEGINNING.
Containing 2.67 :!: acres more or less.
2005-0-08
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AGENDA REQUEST
Date: April 22. 2005
PUBLIC
HEARING
ORDINANCE Mav 2. 2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-09
Targator Partners, LLC requesting an amendment
to the Official Zoning Map from B-3 (Highway
Commercial) to RPUD (Residential Planned Unit
Development) for property located on the southeast
comer of FaIcon Avenue.
OWNER: Targator Partners, LLC
APPLICANT: Targator Partners, LLC
REQUESTED ACTION: Amendment to the Official Zoning Map to change property from B-3
(Highway Commercial) to RPUD (Residential Planned Unit Development).
LOCATION: Falcon Avenue, west of Riverside Bank
AREA: 2.67:1:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial
ZONING DISTRICT: B-3 (Highway Commercial)
PROPOSED USE OF PROPERTY: Townhouses
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Use Future Land Use Map Zoning District
Designation
North Retail Commercial B-3 (Highway Commercial)
East Financial Institution Commercial B-3 (Highway Commercial)
V olusia County - B-9
South Vacant Volusia County - Urban (General Office) & R-4
Medium Intensity (Urban Single Family
. Residential)
Single-Family Low Density Residential B-2 (Neighborhood Business)
West Residential
RZ-050 1 - Targator
~
Background: This parcel is located west of Riverside National Bank and east of the Pelican Cove West
Subdivision. The applicant is proposing to construct 22-townhouses. Proposed are four (4) buildings, three (3)
of which will have six (6) units each, the fourth building will consist of four (4) units. The applicant is
proposing a recreation area with a pool and a covered seating area.
o
The attached draft PUD Agreement contains specific information pertaining to the development of this
site.
The Planning and Zoning Board heard this request at the April 13, 2005 meeting.
City Council vote to approve Ordinance No. 2005-0-09 at first reading on April 18, 2005.
Land Use Compatibility: The area surrounding this property consists of a mix of commercial and residential
uses. The proposed townhouses are an adequate buffer between the single-family homes and the commercial
to the east.
Adequate Public Facilities: This site has access to U.S. Highway 1, via Falcon Avenue. City water and
sewer is available to the site.
Natural Environment: There are no known environmental issues associated with this property.
Consistency with Comprehensive Plan:
Based on information contained the in the City of Edge water Comprehensive Plan, this development would be
consistent with the Goals, Policies, and Procedures within the Plan. Policy 1.5.5 of the Future Land Use
Element states: "Higher density residential development shall be designated for areas adjacent to more
intensive land uses such as Commercial and Light Industrial. Where feasible, visual buffering shall be utilized
to reduce any negative effects on the residents of such development."
The Board recommended approval to City Council at their regular meeting on March 9, 2005 to change the
Future Land Use of this property from Commercial to High Density Residential.
o
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.
ST AFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-09, amending the Official Zoning Map to include 2.67
acres ofland located at the southeast corner of Falcon Avenue from B-3 (Highway Commercial) to RPUD
(Residential Planned Unit Development).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-09
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
4-18-05
AGENDA ITEM NO.. 6B
~(lQ'-r1 ~
Robin Matusick
Paralegal
\(~~\\(~~O~~~ ~O
Kenneth R. Hooper - . -\ V
City Manager
RZ-050 1 - Targator
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ORDINANCE NO. 2005-0-09
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM B-3 (HIGHWAY COMMERCIAL)
TO RPUD (RESIDENTIAL PLANNED UNIT
DEVELOPMENT) FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF FALCON AVENUE,
EDGEW ATER, FLORIDA; AUTHORIZING THE MAYOR TO
EXECUTE THE PLANNED UNIT DEVELOPMENT (PUD)
ZONING AGREEMENT FOR THE RIVERSIDE VILLAS
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:
1. Targator Partners, LLC are the owner/applicant for property located at the Southeast
comer of Falcon Avenue, Edgewater, Florida. Subject property contains approximately 2.67 acres
more or less.
2. The owner/applicant has submitted an application for a change in zonmg
classification from B-3 (Highway Commercial) to RPUD (Residential Planned Unit Development)
for the property described herein.
3. On April 13, 2005, the Local Planning Agency (Planning and Zoning Board)
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 April 18, 2005, the City Council considered on first reading/public hearing the
Stlnck t1llongl. passages are deleted.
Underlined passages are added.
2005-0-09
proposed change in the zoning classification after publication of such hearing in the Observer on
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April 7, 2005.
5. On May 2, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on April 21, 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.
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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 Edgewater, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from B-3
S1I th~k tIll ongl. passages are deleted.
Underlined passages are added.
2005-0-09
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(Highway Commercial) to RPUD (Residential Planned Unit Development) pursuant to the associated
Planned Unit Development (PUD) Agreement for Riverside Villas Subdivision (attached hereto and
incorporated as Exhibit "B").
The following described real property all lying and being in the County of Vol usia
and State of Florida.
A portion of Lots 14 and 15, HIGHWAY SUBDIVISION, as shown on map recorded
in Map Book 8, Page 222 of the Public Records of V olusia County, Florida, together
with a portion ofthe Northeast Quarter (1/4) of Section 2, Township 18 South, Range
34 East, V olusia County, Florida being more particularly described as follows:
Begin at the Northeast comer of Lot 8, PELICAN COVE WEST PHASE 3, as shown
on the map recorded in Map Book 46, Page 171, of the Public Records of V olusia
County, Florida; thence along the Southerly right-of-way line of Falcon A venue,
North 90 degrees 00 minutes and 00 seconds East a distance of 140.00 feet; thence
South 00 degrees 00 minutes 00 seconds West, a distance of 80.00 feet; thence North
90 degrees 00 minutes and 00 seconds East, a distance of 100.00 feet; thence South
00 degrees 00 minutes 00 seconds West, a distance of 158.95 feet; thence South 25
degrees 47 minutes 11 seconds East, a distance of 172.55 feet; thence South 64
degrees 12 minutes 49 seconds West, a distance of335.41 feet to the most Easterly
comer of Lot 1, PELICAN COVE WEST, PHASE 3, aforesaid; thence along the
Easterly line of said subdivision of the following courses, North 25 degrees 47
minutes 03 seconds West, a distance of 30.00 feet; thence North 00 degrees 00
minute 00 seconds East, a distance of 513.21 feet to the POINT OF BEGINNING.
Containing 2.67 :!: 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 .
Stll1ck tIlIotl~h passages are deleted.
Underlined passages are added.
2005-0-09
3
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.
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.
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Underlined passages are added.
2005-0-09
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PARTG.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on April 18, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
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
Stltlck thlongh passages are deleted.
Underlined passages are added.
2005-0-09
5
PASSED AND DULY ADOPTED this 2nd day of May, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stltlck till otlgh passages are deleted.
Underlined passages are added.
2005-0-09
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 2nd day
of May, 2005 under Agenda Item No. 6_.
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THIS INSTRUMENT PREPARED BY:
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 L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
RIVERSIDE VILLAS SUBDIVISION
TIDS AGREEMENT is made and entered into this
day of
2005 by and between, the CITY OF EDGEW A TER, 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 T ARGA TOR PARTNERS, LLC., owner, with Thomas
E. Howard as managing member, whose mailing address is P. O. Box 691, Edgewater, Florida
32132 (hereinafter referred to as "Developer"). The purpose of this Agreement is to define the
terms and conditions granting the development approval ofthe 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 2.67 :!: acres located on the
southwest comer of Falcon Avenue in Edgewater, Volusia County, Florida. The legal
description of the property is attached hereto as Exhibit" A" - Legal Description. The Record
(Agreement/Zoning - Riverside Villas)
owner of the subject property is Targator Partners, LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Riverside Villas Subdivision, as defined by the Master Plan,
dated February 2, 2005 (Exhibit "B" included herein), within one (1) year of the effective date
of this Agreement 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 must be approved by City Council prior to commencement of any authorized work.
Final approval of the Subdivision Plans by City staff shall include, but not be limited to utilities,
stormwater, traffic, streetlighting, fire rescue, hydrants, law enforcement, pedestrian systems
(sidewalks), environmental, solid waste containment, and planning elements, including
landscaping, signage and pavement markings.
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 Riverside Villas
Master Plan dated February 2, 2005 (Exhibit "B"). Riverside Villas shall be developed
consistent with the City's development procedures. Final project approval may be subject to
change based upon final environmental permitting, and planning considerations. Use of the
property will be as follows:
(Agreement/Zoning - Riverside Villas)
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C;
A. Average Lot SizelUnit Count
Riverside Villas shall not exceed a total of 22 single family attached dwelling units
(townhomes). The 22 single family townhome lots are planned to be 30' x 100' or greater.
Based on the Final Subdivision Plan approval, the total number of units may vary but the
maximum residential units allowed for the Riverside Villas Subdivision shall not exceed 8.24
gross dwelling units per total acreage or a maximum of 22 units/townhomes.
No lot will exceed a maximum building coverage of seventy percent (70%) with a
maximum impervious coverage of eighty percent (80 %).
Minimum Townhome Lot Size:
Area - 3,000 square feet
Width - 30 feet
Depth - 100 feet
Minimum House Square Footage
B.
The minimum gross house square footage shall be at least 1,920 square feet living area
under air. In addition, each unit will have a minimum of a two (2) car enclosed garage. No
carports shall be allowed.
C. Minimum Yard Size and Setbacks:
30' x 100' lots
Front - 20'
Rear-25'
Side - 0'
Side Comer - 15'
(Agreement/Zoning - Riverside Villas)
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Maximum Building Height - 26'
Utility Easements - 10' front, 5' sides (Lots 1,6, 7, 10, 11, 16, 17 & 22 only)
Swimming Pools - not permitted
D. Roads
All roadways within the development shall have a minimum right-of-way width of at
least twenty-four (24') feet. Due to the subdivision being a private community, all interior roads
shall be maintained by the HOA with public utilities and easements. An emergency vehicle
turnaround shall be provided and approved by the Fire Chief pursuant to the requirements
contained in the Florida Fire Prevention Code.
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
.40 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
Pursuant to the requirements contained in the Land Development Code, one (1) sign is
allowed for the subdivision. 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
which are designated in the area indicated in Exhibit "C", Sketch of Signage Area, which is
(Agreement/Zoning - Riverside Villas)
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attached hereto and incorporated herein. Signage to be a monument sign with a maximum copy
area of eighteen (18) square feet and a maximum six inch (6") heigh letters, internally lighted.
G. Trees
There shall be a minimum of four (4) trees per each single family home building lot.
Trees shall be 2 W' in diameter, measured 6" above the soil line and shall be of a variety listed in
Exhibit "D" - Trees, which is attached hereto and incorporated herein. 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 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. Buffer Areas
Riverside Villas will construct any and all required buffer areas needed next to all
adjacent uses. Said buffer areas will be constructed in compliance with the current Land
Development Code.
(Agreement/Zoning - Riverside Villas)
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1. Irrigation
Common areas and areas dedicated to the HOA 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 Volusia County Waterwise Landscaping and Irrigation Standards.
J. Environmental Constraints
There are no known environmental constraints relating to this subdivision.
K. Air Conditioning Units
All dwelling units shall have air conditioning units and pads located adjacent to the
neighboring garage or located behind each dwelling unit.
L. Entrance to Subdivision
Entrance into the subdivision shall consist of a twenty-four foot (24') wide paved right-
of-way with two feet (2') concrete curb on both sides of the right-of-way.
M. Declaration of Covenants. Conditions and Restrictions
Riverside Villas will develop and submit condominium and property owners association
documents in accordance with all City, County, State and Federal laws, regulations and
guidelines. The Declaration of Covenants, Conditions and Restrictions; Articles of
Incorporation, 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 Riverside Villas is recorded.
N. Easements
Easements for public utilities shall be dedicated to the City and any other public utility
provider.
(Agreement/Zoning - Riverside Villas)
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4.
O. Landscaping and irrigation plans must be submitted with final construction plans.
FUTURE LAND USE AND ZONING DESIGNATION
The Land Use designation for Riverside Villas is High Density Residential. The zoning
designation for Riverside Villas shall be RPUD (Residential 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 shall be consistent with the current 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, at
Falcon Avenue with a minimum of eight inch (8") PVC water main to the nearest entrance of the
subdivision. 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 current 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.
C. The City has determined that reclaimed water is unavailable and will not be
available in the foreseeable future. Therefore there is no City requirement to install any
(Agreement/Zoning - Riverside Villas)
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reclaimed piping and Developer will 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. Roadway improvements within any public right-of-ways shall be dedicated to the
City at the time of final plat approval. Due to the subdivision being a gated community, all
interior roads shall be maintained by the HOA. The entrance gate for Riverside Villas must be
approved by all public safety entities and in compliance with current codes.
G. Off-site improvements (including but not limited to intersection improvements,
turn lanes, acceleration lanes, deceleration lanes, signalization) if any, are the Developer's
responsibility and shall meet all City, County and/or State requirements and approvals and shall
be depicted on the Construction Plans.
H. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - 100% of the applicable total impact fees due to the City for water shall be paid
by applicant at the time permit application for the subdivision improvements is signed by
the City, thereby reserving requisite water capacity.
Sewer - 100% of the applicable total impact fees due to the City for sewer shall
be paid by applicant at the time permit application is signed by the City, thereby
reserving requisite sewer capacity.
Police, Fire, Parks and Recreation - Paid to City by applicant at the time of
(Agreement/Zoning - Riverside Villas)
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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, 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.
I. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
J. A concurrency review shall be conducted to ensure that all required public
facilities are available concurrent with the impacts of the development.
K. Developer agrees to reimburse the City of Edgewater for direct costs associated
with the legal review, engineering review and construction inspection related to the Riverside
Villas Subdivision development approval and the construction of required infrastructure
improvements and the review and approval of the final plat.
L. 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, including outfall system (if
necessary).
(Agreement/Zoning - Riverside Villas)
9
4. Provide all required pavement marking and signage (stop signs, road 0
signs, etc.) within the Subdivision. All signage shall comply with Florida
Department of Transportation (FDOT) standards.
5. Developer is responsible for the costs of recording the plat upon approval
by the City of Edgewater.
6. Bonds - A Performance Bond shall be 110% of the costs of all required
remaining improvements at the time of the recording of the Final Plat. A
Maintenance Bond equal to 10% of the cost of the infrastructure
improvements shall be provided to the City prior to recording of the Finals
Plat. 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
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have a minimum width of four feet (4') 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. If sidewalks are not
completed within two (2) years, the developer will "install the remaining
sidewalks. All sidewalks shall be maintained by the HOA.
8. Streetlights shall be maintained by the HOA and be installed by the
Developer at time of installation of the infrastructure or prior to the
issuance of the Certificate of Occupancy for the first building.
(Agreement/Zoning - Riverside Villas)
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M. Recreational Facilities and Open Space
'-.J
The developer agrees to construct a recreational facility accessible to residents to consist
of a minimum of IS' x 30', 450 square foot swimming pool, cabana, landscaping, irrigation,
lighting and parking pursuant to the Master Plan (Exhibit "B").
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. Riverside Villas
has deemed .53 acres as open space to be maintained by the HOA.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined
U III 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 Edgewater, by warranty deed or plat
dedications all public utility easements as required, free and clear of all liens and encumbrances;
and provide a title opinion to evidence compliance with same. Roadways serving the residential
community only will remain privately owned and maintained by the HOA. Law enforcement,
fire protection and other emergency services, trash and recycle collection will be provided by the
City of Edgewater throughout the Riverside Villas Subdivision.
(Agreement/Zoning - Riverside Villas)
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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, Florida Fish and Wildlife
Conservation Commission, and V olusia County.
City of Edgewater - Rezoning, Subdivision Plat and/or Site Plan approval,
Subdivision Construction Plan approval, all applicable clearing, removal,
construction and building permits.
This site may require a V olusia County Environmental Permit.
2.
3.
4.
100 year flood elevation for this site is 16.0 feet (16'), minimum finished floor
elevation shall be 17.0 feet (17') above the 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
(Agreement/Zoning - Riverside Villas)
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Code, except as otherwise set forth in this Agreement or as designated on the master plan and/or
construction plans approved by the City.
Developer shall establish a mandatory Homeowner's/Condominium Association (HOA)
for the purpose of maintaining the property and enforcing applicable covenants and restrictions.
The mandatory BOA will be responsible for the streetlight requirements and pedestrian
circulation system requirements that result from the project including payment to Florida Power
and Light for installation, maintenance and power consumption and the maintenance of the
storm water areas, retention areas, all common areas and any designated easement areas within
the Riverside Villas Subdivision, common area tracts as depicted on the plat, pedestrian systems,
and private streets within the community. The HOA documents, including applicable articles of
incorporation; covenants and restrictions; and by-laws shall be reviewed and approved by the
City prior to final plat and/or site plan approval.
10.
HEAL TH 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.
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, subject,
(Agreement/Zoning - Riverside Villas)
13
however, to the parties' rights to invoke the remedies provided below.
12. PERFORMANCE GUARANTEES
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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
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 run with the land
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 V olusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
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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 on the basis of competent
substantial evidence that there has been a material failure to comply with the terms of this
Agreement, subject 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, City shall
(Agreement/Zoning - Riverside Villas)
14
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notify Developer in writing of the claimed default, and Developer shall have the right to cure the
U default within thirty (30) days after receipt of City's notice. 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 (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.
16. APPLICABLE LAW
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
l)
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
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 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
(Agreement/Zoning - Riverside Villas)
15
<.)
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
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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. 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.
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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.
(Agreement/Zoning - Riverside Villas)
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24.
SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any
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 A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
(Agreement/Zoning - Riverside Villas)
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Witnessed by:
T ARGA TOR PARTNERS, LLC.
Thomas Howard, Managing Member
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 THOMAS HOWARD, who has authority to execute this
document on behalfofTARGATOR PARTNERS, LLC., 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 - Riverside Villas)
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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.
A portion of Lots 14 and 15, HIGHW A Y SUBDIVISION, as shown on map recorded in Map
Book 8, Page 222 of the Public Records of V olusia County, Florida, together with a portion of
the Northeast Quarter (1/4) of Section 2, Township 18 South, Range 34 East, Volusia County,
Florida being more particularly described as follows:
Begin at the Northeast comer of Lot 8, PELICAN COVE WEST PHASE 3, as shown on the map
recorded in Map Book 46, Page 171, of the Public Records of V olusia County, Florida; thence
along the Southerly right-of-way line of Falcon A venue, North 90 degrees 00 minutes and 00
seconds East a distance of 140.00 feet; thence South 00 degrees 00 minutes 00 seconds West, a
distance of 80.00 feet; thence North 90 degrees 00 minutes and 00 seconds East, a distance of
100.00 feet; thence South 00 degrees 00 minutes 00 seconds West, a distance of 158.95 feet;
thence South 25 degrees 47 minutes 11 seconds East, a distance of 172.55 feet; thence South 64
degrees 12 minutes 49 seconds West, a distance of 335 Al feet to the most Easterly comer of Lot
1, PELICAN COVE WEST, PHASE 3, aforesaid; thence along the Easterly line of said
subdivision of the following courses, North 25 degrees 47 minutes 03 seconds West, a distance
of 30.00 feet; thence North 00 degrees 00 minute 00 seconds East, a distance of 513.21 feet to
the POINT OF BEGINNING.
Containing 2.67 ! acres more or less.
(Agreement/Zoning - Riverside Villas)
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(Agreement/Zoning - Riverside Villas)
EXHIBIT "B"
MASTER PLAN
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SKETCH OF RIVERSIDE VILLAS SIGNAGE AREA
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(Agreement/Zoning - Riverside Villas)
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EXHIBIT "D"
TREES
COMMON NAME BOTANICAL NAME
Elm Ulmus spp.
Hickory Carya spp.
Loblolly Bay Gardonia lasianthus
Magnolia Magnolia grandiflara
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 - Riverside Villas)
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AGENDA REQUEST
Date: April 22, 2005
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PUBLIC
HEARING
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RESOLUTION
ORDINANCE May 2, 2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-10
Scott R. Tobin, agent and applicant, requesting
annexation of30.01:l: acres of land located east of US
Highway 1 and north of Jones Fish Camp Road.
OWNER: Mid Florida Investments LLC
APPLICANT/AGENT: Scott Tobin
REQUESTED ACTION: Annexation
PROPOSED USE: Multi-family residential condominiums
LOCATION: East of US Highway 1 and north of Jones Fish Camp Road
AREA: 30.01:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity and Industrial
U ZONING DISTRICT: Volusia County - R-6W, R-4W, and 1-3W
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desil!Dation ZOniDl! District
North Vacant Volusia County - Industrial Volusia County - 1-3W (Waterfront
Industrial)
East Vacant/Indian River Volusia County - Urban Medium V olusia County - RC (Resource
Intensity & Water Corridor) & R-6W (Urban Two Family
Residential)
South VacantlResidential Volusia County - Urban Medium Volusia County - R4W (Urban Single
Intensity Family Residential) & R-6W (Urban
Two Familv Residential)
West Vacant Volusia County - Urban Medium Volusia County - R-4W (Urban Single-
Intensity Family Residential) & B-4W (General
Commercial)
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AN-0502 - Scott Tobin
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Background
This property is located east of US Highway 1 and north of Jones Fish Camp Road. The applicant is proposing to
construct residential condominiums on the property. Attached is an Annexation Report, which pertains to this and
other properties within the South U.S. 1 Annexation area. A rezoning shall occur at a later date with specifics
regarding, but not limited to, number of units, building heights, setbacks, etc.
o
The Planning and Zoning Board heard this request on April 13, 2005.
City Council voted to approve Ordinance No. 2005-0-10 at first reading on April 18, 2005.
Land Use Compatibility
The majority of the surrounding area is vacant and residential. To the north is undeveloped industrial property. The
proposed condominiums are compatible with the medium and high-density residential usage currently proposed for east
of 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 l. The City
of Edge water 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 Volusia Regional Wastewater Treatment Plant
and is conveyed via a six-inch (6") force main.
Natural Environment
There are no known environmental issues with this site.
Comprehensive Plan Consistency
Annexation of this property is consistent with the Comprehensive Plan. Policy 1.8.3 states: "New development proposed
within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards 0
as a condition for the extension of public utilities."
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
A Comprehensive Plan Future Land Use Map and Official Zoning Map amendment will be heard at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-10, annexing 30.0 l:l:: acres located east of US Highway 1 and north
of Jones Fish Camp Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-10
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
4-18-05
AGENDA ITEM NO.
6C
~.J:Y~
Robin Matusick
Paralegal
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Kenneth R. Hooper . \
City Manager
AN-0502 - Scott Tobin
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AGENDA REQUEST
Date: April 22. 2005
PUBLIC
HEARING
ORDINANCE May 2,2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-11
Rodney Jones, agent and applicant for A.S.D.
Properties Management LLC., requesting annexation of
100.66:1: acres ofland located east of Old Mission Road
and north of Mission Oaks Condominium.
OWNER: A.S.D. Properties Management LLC.
APPLICANT/AGENT: A.S.D. Properties Management LLC.
REQUESTED ACTION: Annexation
PROPOSED USE: Manufactured Home Park
LOCATION: East of Old Mission Road, north of Mission Oaks Condominium and south of Josephine Street.
AREA: 100.66:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County - Low Impact Urban, Environmental Systems Corridor, and Urban Medium
Density
ZONING DISTRICT: V olusia County MH-5 (Urban Mobile Home), MH-I (Mobile Home Park), MH-7 (Mobile Home
Park) and RC (Resource Corridor)
VOTING DISTRICT: I
SURROUNDING AREA:
Current Land Use FLUM Desilmation Zonin\! District
North Vacant, Mobile Homes Volusia County - Environmental Volusia County - MH-2 (Mobile
Systems Corridor, Urban High Home & Recreation Park), MH-5
Intensity, and Urban Medium (Urban Mobile Home), and RC
Intensity (Resource Corridor)
East Vacant, Mobile Homes, Volusia County - Environmental Volusia County- R-3 (Urban Single
Single Family Systems Corridor, Urban Medium Family Residential), MH-5 (Urban
Residential Intensity, and Urban Low Intensity Mobile Home), and RC (Resource
Corridor)
South Vacant and Single Volusia County - Environmental Volusia County - MH-5 (Urban
Family Residential Systems Corridor, Low Impact Mobile Home), RC (Resource
Urban Corridor)
West Vacant, Single Family V olusia County- Urban Medium Volusia County - R-4 (Urban Single
Residential, Mobile Intensity Family Residential), and MH-2
Home and Campground (Mobile Home & Recreation Park)
AN-0503 - ASD PRoperties
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Background
The majority of the property is zoned for Mobile Home usage within the County. The applicant proposes to annex
into the City and develop consistent with the present County Future Land Use and Zoning.
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The Planning and Zoning Board heard this request on Apri] ]3,2005.
City Council voted to approve Ordinance No. 2005-0-] ] at first reading on April] 8, 2005.
Land Use Compatibility
The proposed residential use is compatible with the surrounding area.
Adequate Public Facilities
This property has access to Old Mission Road. The property lies within the water and sewer service area of the City
of Edge water per an agreement with both the City of New Smyrna Beach and the Utilities Commission of New
Smyrna Beach. Plans for utility lines in this area have been accommodated partially by the Western Reserve Area
Utilities Project. Adequate plant capacity exists to serve this area based on the density limitations for the existing
zoning.
Natural Environment
This property is heavily wooded, although some underbrushing has occurred. An environmental assessment shall be
completed prior to any clearing or development of this site.
Comprehensive Plan Consistency
Annexation of this property is consistent with the Comprehensive Plan. Policy] .8.3 states: "New development proposed
within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards
as a condition for the extension of public uti]ities."
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 0
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
Comprehensive Plan Future Land Use Map and Official Zoning Map amendments shall come at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-11, annexing 100.66::1:: acres ofland located east of Old Mission
Road, north of Mission Oaks Condominium south of Josephine Street.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-11
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
4-] 8-05
AGENDA ITEM NO.
6D
Respectfully Submitted By:
~~A\(\\~~~,~~~
Kenneth R. Hooper \
City Manager
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AGENDA REQUEST
Date: April 22, 2005
PUBLIC
HEARING
x
RESOLUTION ORDINANCE May 2, 2005
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::1:: 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-I (Single Family
Residential)
Commercial (Riverside Commercial B-3 (Highway Commercial)
West National Bank)
CP A-0411 - Halstead(2)
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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 1. 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.
On April 4, 2005 City Council voted to continue this request to the May 2, 2005 meeting at the request of
the applicant.
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 I. 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.
o
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.
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 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 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 0
jurisdiction.
CP A-0411 - Halstead(2)
2
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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
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 that 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
o Motion to approve Ordinance No. 2005-0-07
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
4-4-05
AGENDA ITEM NO.
6A
Respectfully Submitted By:
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Robin Matusick
Paralegal
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Kenneth R. Hooper \ '\/t-
City Manager U
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CPA-0411 - Halstead(2)
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CITY OF EDGEW A TER
Planning and Zoning Board
Regular Meeting
Wednesday, March 9, 2005
6:30 p.m.
,
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1. CALL TO ORDER
Chairman V opelak called to order the Regular Meeting of the Planning and Zoning Board at 6:30 p.m., March
09,2005 in the Community Center, located at 102 N. Riverside Drive, Edgewater, Florida.
2. ROLL CALL
Members present were Edwin V opelak, Todd Fuhrmann, Charlene Zeese, Pat Card, Sandy Jones, Robert
Garthwaite and Kristine Pluscec. Also present were Chief Planner Darren Lear, Paralegal Robin Matusick, and
Planning Technician Bonnie Wenzel.
3. APPROVAL OF MINUTES
MOTION bv Mr. Card. second bv Ms. Jones to approve the minutes of February 9. 2005 as presented.
MOTION CARRIED 6-0
PUBLIC HEARING
4. OLD BUSINESS
None at this time.
5. NEW BUSINESS
PUBLIC HEARING
a. CP A-04ll - Halstead Resources Inc., requesting an amendment to the Comprehensive Plan Future
Land Use Map to include 2.3:1: acres ofland located at 2203 S. Ridgewood Avenue as Commercial and 0
High Density Residential.
Chairman V opelak opened the public hearing. Mr. Lear stated the commercial portion of this property
would have a depth of approximately 300-feet, with the remaining property to be residential. He added that
the only request before the Board was for the Land Use amendment, and that the rezoning to RPUD with
the associated PUD Agreement would come before the Board at a later date.
Brad Haynes, Halstead Resources Inc., stated he would be happy to answer any questions the Board had.
There was discussion regarding the height of the buildings, and setbacks. Mr. Lear stated that those
questions would be answered in the PUD Agreement, which will come before the Board for
recommendation to City Council.
Robert Tydings, 33 Pelican Drive spoke of his concern with fire safety issues. Mr. Lear stated the
development would be required to meet the Florida Fire Prevention Code.
Chris Vogel, 2201 S. Ridgewood Avenue # 40, stated that the conceptual plat was not proportioned and
voiced his concern over the width of the property. He also spoke about the surrounding area and the land
uses there. He further added that three (3) or four (4) story buildings were unprecedented in this area. Mr.
Haynes responded by saying the conceptual plan was just that and not to scale. He added that all Codes
were taken into consideration and what could not be met would be addressed in the PUD Agreement.
Judy Szymczyk, 2201 S. Ridgewood Avenue # 33, asked how this would impact police, fire, schools,
traffic, etc.
Robert Moore, 2201. S. Ridgewood Avenue # 28 stated that most of the trailers on the south side of 0
Friendly Shores were right on the property lines.
3-9-05 P&Z mInutes
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CITY OF EDGEWATER
Planning and Zoning Board
Regular Meeting
Wednesday, March 9, 2005
6:30 p.m.
Chairman V opelak presented a petition provided by the residents of Friendly Shores and the surrounding
area for the record.
Robert Black, 2001 S. Ridgewood Avenue # 9 stated the plan provided to them was not to scale. He added
that the community was opposed to this development.
Sally Devilbiss, Pelican Cove East asked what kind of buffer would be provided. Mr. Lear stated a 10-foot
buffer to the south.
Further discussion ensued regarding the height of the buildings.
Tim Howard, Willow Oak Drive stated they tried to take a difficult piece of land and make the most of and
meet the required Codes. He added that a lot of issues would be addressed when the PUD Agreement is
brought before the Board.
Further discussion ensued regarding the height, lot width and density. Mr. Lear stated the City has policies
concerning the annexation of enclaves and infill development.
Mr. Card voiced his concerns about the height and density of this project, as well as the width of the
property. Mrs. Zeese also voiced concern over the height. Mr. Furhmann stated they have to consider the
owners' rights and stated the height issue was not before them right now.
Mr. Haynes stated the total project would be 18 residential units. He added that the PUD Agreement would
address the height, setback and buffer issues.
Robert Tydings asked who would maintain the roads, sewers and retention areas. Mr. Lear stated the roads
are proposed to be private past the commercial portion of the property, therefore the Homeowner's
Association would be required to maintain the roads.
Chairman V opelak closed the public hearing.
MOTION bv Mr. Garthwaite. second bv Mr. Card to send an unfavorable recommendation to City
Council for the amendment to the Comprehensive Plan Future Land Use Map to include 2.3:1: acres
of land located at 2203 S. Rid1!ewood Avenue as Commercial and Hi1!h Density Residential.
MOTION CARRIED 6-1. Ms. Jones dissented.
b. CPA-0501 - Targator Partners LLC, requesting an amendment to the Comprehensive Plan Future
Land Use Map to change 2.67:1: acres ofland located on the southeast corner of Falcon A venue from
Commercial to High Density Residential.
Chairman Vopelak opened the public hearing. Mr. Lear provided background information and staffs
recommendation. He stated this project would be a good transition from the Commercial to the east and the
residential to the west. Mr. Lear added that water and sewer were located on site, as well as access to
Falcon Avenue.
3-9-05 P&Z mInutes
2
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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 LOCATED
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 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
determinations:
o
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
Struck tIn otlgh passages are deleted.
Underlined passages are added.
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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 163.3187(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 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 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 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
Stl tick thn)tlgh 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
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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.
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.
PARTF.
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.
2005-0-07
Stl tick tilt otlgh passages are deleted.
Underlined passages are added.
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PART H. ADOPTION.
During the April 4, 2005 City Council meeting, first reading of this Ordinance was continued
until the May 2, 2005 meeting.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 2, 2005 is as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
AYE
and Second by
NAY
the vote on the second reading ofthis ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2005-0-07
So tick tht ong,h passages are deleted.
Underlined passages are added.
AYE
4
NAY
PASSED AND DULY ADOPTED this 16th day of May, 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
Sa tick tin otlgh passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of May, 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 12 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. 1
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 1 00
feet more or less, being the point where the North line of the West 12 ofthe 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
ofthe 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 12 of the
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 ofthe U. S. Lot
6, Section 2, Township 18 South, Range 34 East, described as follows: Begin at the Northeast corner
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: April 22. 2005
PUBLIC
HEARING
ORDINANCE May 2. 2005
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
I sl Reading - Ordinance No. 2005-0-12
Edgegate LLC requesting an amendment to the
Comprehensive Plan Future Land Use Map to
include .32:l:: acres of land located north of 3725
US Highway I as Commercial.
APPLICANT/AGENT: Edgegate LLC, d/b/a - U Sto It Mini-Storage (Rose Hoffman)
OWNER: Thomas A. Vardell and Brent Jones
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property
as Commercial.
PROPOSED USE: Storage facility (U Sto It Mini-Storage)
o LOCATION: North of3725 US Highway I
AREA: .32:l:: acres
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CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Commercial
ZONING DISTRICT: Volusia County - B-4W (General Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desifmation Zoninl! District
North Vacant V olusia County - Commercial V olusia County B-4W
(General Commercial)
East Vacant V olusia County - Commercial V olusia County - B-4W
. (General Commercial)
South Mini-Warehouse Commercial B-3 (Highway Commercial)
West Vacant Commercial B-3 (Highway Commercial)
CP A-0502 - Edgegate
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Background
This parcel is adjacent to the north of the U-Sto-It mini-warehouse facility, which was annexed in 2003. The
applicant is proposing to expand the existing storage facility.
On April II , 2005 the Planning and Zoning Board voted to send a favorable recommendation to City Council
for the amendment to the Comprehensive Plan Future Land Use Map.
Land Use Compatibility
The proposed use is consistent with the surrounding area.
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Adequate Public Facilities
The site has access to US Highway I. City water is available; sewer is available via lift station installation and
tie into the eight-inch (8") force main.
Natural Environment
Soil types are Orsino Fine Sand, 0-5% Slope. Vegetation is generally LongleafPine/Xeric Oak.
Consistency with Comprehensive Plan
The Future Land Use Map amendment ofthis site is consistent with the Goals, Policies, and Objectives of the
Future Land Use Element.
The Projected Land Use Needs, Future Commercial Land Use from the Future Land Use Element of the.
Comprehensive Plan states: "The projected increase in population will result in the need for more commercial
development to serve these new residents. In 2000, there were almost 207 developed commercial acres within
the City of Edgewater. Projections of future commercial land were based on ratios of acres to population.
Based on the 2000 population of 18,865, the ratio was approximately II commercial acres per 1,000
population. However, opportunities do exist for infill development and increases in density. The City is
pursuing redevelopment opportunities and encouraging economic growth. Additional commercial acreage is
also anticipated to develop adjacent to the Interstate 95 interchange, which is a regional opportunity for the 0
City. Therefore, the commercial acres-per-population ratio was projected at 15 commercial acres per 1,000
population to account for this factor. The amount of additional commercial acres necessary to support future
growth through the year 2010 is estimated to be an additional 188 acres of developable land."
Other Matters
The applicant will be required to apply for site plan approval for expansion of the existing facility, which shall
include but not be limited to parking, landscaping, stormwater and impervious surface requirements.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-12; amending the Comprehensive Plan Future Land Use
Map to include approximately .32:1: acres ofland located north of3725 US Highway 1 as Commercial.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-12.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~~(rp~(}l~JI
Robin Matusick
Paralegal
'J.....~~'Q ~~~ '\.. ~
Kenneth R. Hooper - \ '\ 1\;0
City Manager lJ l
CPA-0502 - Edgegate
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ORDINANCE NO. 2005-0-12
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 TO CITY COMMERCIAL FOR PROPERTY
LOCATED NORTH OF 3725 SOUTH RIDGEWOOD AVENUE,
EDGEW ATER, FLORIDA; PROVIDING FOR FINDINGS OF
CONSISTENCY; AMENDING THE FUTURE LAND USE
MAP; PROVIDING FOR FILING WITH THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA
GROWTH MANAGEMENT COMMISSION, THE REGIONAL
PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL
GOVERNMENT OR GOVERNMENTAL AGENCY THAT
HAS REQUESTED A COPY OF THE PLAN AMENDMENT;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING
AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1.
Brent Jones and Thomas Vardell of Edgegate, LLC dba U-Sto-It Mini Storage are
the owners/applicants for property located north of 3725 South Ridgewood Avenue, Edgewater,
Florida. Subject property contains approximately .32 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 to City
Commercial for the property described herein.
3. On April 13, 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
6 to 0, recommended that the City Council approve the request.
2005-0-12
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4. In a letter dated April 18,2005, the Legal Department notified the owners by mail
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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 May 2,2005, 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 May 16,2005, 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, May 5, 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
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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 City Commercial for property described in the legal description
contained in Exhibit "A" and further located on the map as reflected in Exhibit "B" (which are
attached hereto and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which states that
2005-0-12
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intensive commercial and industrial land uses shall be buffered from low density residential areas.
This will be accomplished by locating less intensive transitional uses in between, or by visual
buffering with berms, trees, or other methods to be included in the Land Development Code as
deemed appropriate by the City.
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 plannin,g agency as required therein.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART F.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2005-0-12
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PART H. ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 2,2005 is as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
After Motion by
AYE
and Second by
NAY
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2005-0-12
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AYE
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PASSED AND DULY ADOPTED this 16th day of May, 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
2005-0-12
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Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of May, 2005 under Agenda Item No.6.
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Lots 1 and 2, RE-SUBDIVISION WATER WAY PARK SECTION 1, according to the plat thereof
as recorded in Map Book 19, Page 269, of the Public Records of Vol usia County, Florida.
Containing .32 ! acres more or less.
2005-0-12
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AGENDA REQUEST
Date: April 22, 2005
PUBLIC
HEARING
ORDINANCE Mav 2, 2005
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
1 sl Reading - Ordinance No. 2005-0-13
Edgegate LLC requesting an amendment to the
Official Zoning Map to include .32::1:: acres of land
located north of 3725 US Highway 1 as B-3
(Highway Commercial).
APPLICANT/AGENT: Edgegate LLC, d/b/a - U Sto It Mini-Storage (Rose Hoffman)
OWNER: Thomas A. Vardell and Brent Jones
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway
Commercial).
PROPOSED USE: Storage facility (U Sto It Mini-Storage)
LOCATION: North of3725 US Highway 1
AREA: .32::1:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Commercial
ZONING DISTRICT: Volusia County - B-4W (General Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use FLUM DesiI!nation ZoninI! District
North Vacant V olusia County - Commercial Volusia County B-4W
(General Commercial)
East Vacant V olusia County - Commercial Volusia County - B-4W
(General Commercial)
South Mini- Warehouse Commercial B-3 (Highway Commercial)
West Vacant Commercial B-3 (Highway Commercial)
RZ-0503 - Edgegate
.,.
,
Background
This parcel is adjacent to the north of the U-Sto-It mini-warehouse facility, which was annexed in 2003. The
applicant is proposing to expand the existing storage facility.
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On April II , 2005 the Planning and Zoning Board voted to send a favorable recommendation to City Council
for the proposed Zoning Map amendment.
Land Use Compatibility
The proposed use is consistent with the surrounding area.
Adequate Public Facilities
The site has access to US Highway I. City water is available; sewer is available via lift station installation and
tie into the eight-inch (8") force main.
Natural Environment
Soil types are Orsino Fine Sand, 0-5% Slope. Vegetation is generally LongleafPine/Xeric Oak.
Consistency with Comprehensive Plan
Per the City of Edge water Land Development Code Section 21-31, Table III-I the proposed zoning designation
of B-3 (Highway Commercial) is compatible with the proposed Future Land Use designation of Commercial
along US Highway I.
Other Matters
The applicant will be required to apply for site plan approval for expansion of the existing facility, which
shall include but not be limited to parking, landscaping, stormwater and impervious surface requirements.
STAFF RECOMMENDATION 0
Staff recommends approving Ordinance No. 2005-0-13; amending the Official Zoning Map to include
approximately .32:l: acres ofland located north of3725 US Highway I as B-3 (Highway Commercial).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-13.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Gb6~J~
Robin Ma sick
Paralegal
\(~~<\2~~~~~7
Kenneth R. Hooper .
City Manager
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RZ-0503 - Edgegate
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ORDINANCE NO. 2005-0-13
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4W (GENERAL
COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED NORTH OF 3725 SOUTH
RIDGEWOOD AVENUE, EDGEW A TER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATERj PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FORAN EFFECTIVE DATE, RECORDING AND
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Brent Jones and Thomas Vardell of Edge gate, LLC dba U -Sto- It Mini Storage are the
owpers/applicants for property located north on 725 South Ridgewood A venue, Edgewater, Florida.
Subject property contains approximately .32 acres more or less.
2.
The owner/applicant has submitted an application for a change in zomng
classification from County B-4 W (General Commercial) to City B-3 (Highway Commercial) for the
property described herein.
3. On April 13, 2005, the Local Planning Agency (Planning and Zoning Board)
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 May 2,' 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
April 21, 2005.
StJ lIck thl ou~h passages are deleted.
Underlined passages are added.
2005-0-13
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5. On May 16,2005, the City Council held a public hearing on the application after
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publishing notice of such hearing in the Observer on May 5, 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
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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 of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
B-4W (General Commercial) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
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2005-0-13
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and State of Florida:
The following described real property all lying and being in the County of V olusia
and State of Florida.
Lots 1 and 2, RE-SUBDIVISION WATER WAY PARK SECTION 1, according to
the plat thereof as recorded in Map Book 19, Page 269, of the Public Records of
V olusia County, Florida.
Containing .32 :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 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.
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.
PARTD.
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.
Stmck t1uongh passages are deleted.
Underlined passages are added.
2005-0-13
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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.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTG.
ADOPTION.
After Motion by
and Second by
, the
vote on the first reading of this ordinance held on May 2,2005, was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Shtick tlllotlgh passages are deleted.
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2005-0-13
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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 Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 16th day of May, 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
StJ tick thr\)ugh passages are deleted.
Underlined passages are added.
2005-0-13
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 16th day
of May, 2005 under Agenda Item No. 6_.
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AGENDA REQUEST
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Date: April 18. 2005
PUBLIC
HEARING
RESOLUTIONS ORDINANCE
BOARD
APPOINTMENT
May 2. 2005 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Glenn Barnhill of the Citizen Code Enforcement Board for re-election on the Citizen Code
Enforcement Board.
BACKGROUND:
Glenn Barnhill has requested reappointment to the Citizen Code Enforcement Board.
Glenn Barnhill currently holds a position on the Citizen Code Enforcement Board.
Membership of the Citizen Code Enforcement Board consists of seven (7) members appointed
by Council.
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STAFF RECOMMENDATION:
Approval of Glenn Barnhill re-appointment by the Citizen Code Enforcement Board.
ACTION REOUESTED:
Motion to reaffirm appointment of Glenn Barnhill to the Citizen Code Enforcement Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
NA
YES
NO
x
DATE:
N/A
AGENDA ITEM NO.:
~{(-\
Robin Matusick
Paralegal
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Ken Hooper
City Manager
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Agenda.request.form.rev.2/16/2000
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04-04-05All :56 RCVD
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602 South Riverside Drive
Edgewater, FI,. 32132
386 428-7281
March 30,2005
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City of Edgewater
Mayor & Council Members,
104 North Riverside Drive,
Edgewater, Florida, 32132
Re: Reappointment of Citizens Code Enforcement Board Member,
Glenn S. Barnhill.
Dear Mayor and Council Members:
My term as a member of the Citizens Code Enforcement Board 0
expires on May 6,.2005. I would like to continue as a member of this
Board and,.with this in mind, I am submitting this letter for your
consideration of my reappointment.
I have enjoyed the privilege of serving the community on this Board
and hope to continue to serve in the future.
Sincerely,
Jil--~ .~
Glenn S. Barnhill.
RECEfNED 0
APR 0 1 2005
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THE CITY OF ED GE WATER
POST OFFICE BOX 1 00-EDG~ifii{f~~no'-~/2132-01 00
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME (2,11 f1 ~ L G $
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_____CONSTRUCTION REGULATION BOARD
_____PLANNING & ZONING BOARD
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FIREFIGHTERS PENSION BOARD
SIGNATURE (!~~ II, (1j14-~
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POST OFFICE BOX 100-EDGEWATER. FLORIDA 32132-0100
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
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ADDRESS-J 9 Ob I R A V IE 1- E t? S
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WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
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~CITIZEN CODE ENFORCEMENT BOARD
'_____CONSTRUCTION 'REGULATION BOARD
_____GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
_____PARKS & RECREATION BOARD
_____PLANNING & ZONING BOARD
_____ECONOMIC DEVELOPMENT BOARD
_____POLICE PENSION BOARD
_____FIREFIGHTE~~ PENSION BOARD _____VETERANS PARK ADV. COMMITTEE
SIGNATURE ;jJ~.JO..J.t1/4?//~ . DATE: V~9%' 0
** SEE REVERSE smE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEE ** REV 10-30-97) ,
04-05-02Al0:41 RCVD
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APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME~ (3...(\ G j 5 (.,0 ~. i0; a.."L Tl I ~
"PO lSoK ~"'1'3. tJe....J Sl"'l..[rY"'c....) PI -:37.,/10
ADDRESS 'I "30<6 Ilo."ele~s '?Gt-IY"\.. 0'1 GJ~eu/a. -cc='r I r I
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HOME PHONE t-!1-)-Q5lb BUSINESS
PHONE 3i56 - ~4f.. - I'll b
OCCUPATION .5rulU1\. e-
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Are you a resident of Edgewater Y t:' "S
long II i.(eQrs
Is your principal place of employment in Edgewater? ~ 0 if yes how long?
Briefly state your interest in serving on a City board, agency or committee: ~ oKer a....
How
.-
yov"'"d 7ef"Son 5
ho."~t1. ~r
:.s ci \) e. 0 V'\
. l"er fClUlf j';\d
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Stateyourexperience/qualifications -ZODI Ma.i~ '<loAd ~i5k ~cloa / Crt;..~JC~J --o'iSCC
}11c.(JOI';"'~ ',/1 ([)"""'fj}~s;'.'~/1(-e &",J t:V\~r~'Cl'oP'\ 1.;c/',\I"DloCSlf1 ,.,..,-e~l".er
'\/0 1\YS'i~ Covvtt:lf J:>e~a:: (a. ~\L 6"1CCJ b \.Ie (c......O'Y1 j ~c~t:
Are you a registered voter? Ye.c;,
Are you employed by the City? ,J 0 Do you hold public office? ,J <:)
At the present time, do you serve on any other Boards, Agencies, or committees? If€! c::; If so, list
each: 'J<or~;a.. lJe;Moc-(~k)c. G-i<U!.u-t7 J ( (D,.,.-)~ ;-tc-ee
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
1-ANIMAL CONTROL BOARD
2.CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
'/-ECONOMIC DEVELOPMENT BOARD
LFIREFIGHTERS PENSION BOARD
I ~ GENERAL EMPLOYEES PENSION BOARD
'Z.L1BRARY BOARD
tRECREATION & CULTURAL SERVICES
2-PLANNING & ZONING BOARD
'-LPOLlCE PENSION BOARD
~VETERANS PARKADV. COMMITTsr..1. I _I
;l-/1'(}3--/~- ~~~
TTUE 'c' TT' Y':"O' .: :>ri~~FCi,:TA~~~iU,pAPTQ:D~/i!/~"k/t:"fr{~>:ff')[~)~~~~1}~~i<)\';'
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POST OFFICE BOX 1 OO-EDGEWATER;'FLORIDA\32132~01 00': f, ',.. ,.;;:,\ .,'
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'APPLICATION, F,ORAP.POIN~NT:iTOXG,ITY,~ :W;l}:"'~',i" ',' , '.
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THE CITY OF ED GE WATER
.. .
. .
POST OFFICE BOX 1 OO-EDGEWA TER, FLORIDA 32132-0100 .
. '
APPLICATION FOR APPOINTMENT TO CITY
BOARDS OR: COMMITTEES,
7)A-fI . C/ZliEL-L ' , i2IDi}duu;::'22AMJ~ii~'
/~'/)'" /1xc-"~ .... . '. l....
H~ PHONE ,5'?t. ' 1.(2 '1 -I/P~t
OCCUPATION .7Ii~. '~IZ ?e-p/..l
. Are you a resident of Edgewater Ye'f How long
NAME .
,ADORES'S
BUSINESS PHONE
3'Pt - l/:1.t, 91Y'?
Dis/--.2,
/0- /P(,
0.... ,.Are: you. e~ployed' by the'
.At,t}1e present t;ime" do
~If so, list each:
'. .
" ,
Is your principal place of employment ih Edgew~ter?'Ye:->
if yes how long? .1 c:; -' ?'(,
. Br~efly state your int.erest in serving on a 'City board or
cOmmittee:J~ .' ;:r;~"-e}) '5#".' /fiu h.,-wlU' //p:" n~tv~.
'::::;:w G '/A L. 1)' L i ~ ~ 70 ffEn.-~ ~ e;1f 711lr'r...::;r:r fan..;n", $ A- S /1-1 kU. To l-JIV
11.1A-r WOL-C(..1) PrL.~v ,L-t1ee ," ~1fe1...1':rr p~~ :J:-pn'"TH'<< :z.lf-':~-ru~., .
state your experience/qualifications ' ::r ;-f~, tJ~1V ..:r;.,1/I/.-vC1) ,5rv .
~H~"'QNt~tr(OIr/-t?tAtL-f)IIl/t: ..~')W~~ ,nil. , 5'r Y~kl-2-~'",' ,
Are.you a rE;lgistered'voter? Ye-s
. , . ,
City? j1lopoyouhOl4 ,P~blic'office? '!It:>
you'serve on any other Boards ,or coinmittees?
Have you eve~ served on any boards, agencies,
liAt each:. /1. ~r i2f;-~.,- {?oA-t21> W~, -rln-
f5(7krl-D - CI-r'l ~p trDW w~tL
Ye-.$' lisa,
.(B~ AND CoMMITTEE MEMBERS MAY BE. REQUIRED TO FILE ,WITH THE, STATE,
FINANCIALpISCL9S~FORM;S:~CB n:AR), '. '. ,
" '.., PLEASEINDICA'rE BOARDS OR COMMITTEES YOU .
WOULD LIKE, TO SERVE ON AND' RANK THEM ACCORDING, TO CHOICE BY NUMBER
-L..coNsTRUCTION REGuLATI,6N BOARD
~ECONOMlc:DEVELOPME'NT' BOAR'D
lFIREFIGHTERS 'PtNs'ION' BOA~D
SIGNATURE' '~h
'SEE REVERSE SIDE FOR BOARD D COMMITTEES LISTINGS
~GENERAL EMPLOYE~S PENSION BOARD
',..~LIB~RY'BOARD (', ','
~RECREATION, & CULTURAL SERviCES
'~PLANN.ING &ZONI~G BOARD
~POLICE PENSION ~OARD
. ,
, J J VETERANS PARK ADV. COMMITTEE
- .'-' '
S- ;ili;i-oo. 'CONTROL BOARD
frf:~' ' l'" . I',. "",10 ~~;Ah~'" ~'"' 1:' .t~#i~
...;~' ,;:;1 ,,1.1":O{G ; ;K 'f~ ;n .', ~. ~, ; ~ .'
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" DATE:
(2-10-03) .
7-:- :z J ~'{)3
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APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
"
J
NAME
09-29-03A08:42 RCVD
Alice Haldeman
423 1359
09-3- 14C2: 64PEFLE 0
BUSINESS PHONE 2481745 x 1228
ADDRESS
HOME PHONE
OCCUPATION
Library}
930 Lake Av - 32132
Librarian (Collection DevelopmentlAcquistions Manager for Volusia County Public
Are you a resident of Edgewater yes
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 experiencelqualiflCations_ In trying to get my neighborhood cleaned up, I've learned 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~~....p~~~ r S:CtA(~J.,'-~/ ~
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
~NIMAL CONTROL BOARD
-2LCITIZEN 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
_GENERAL EMP~.S PEN~9N ~~D
SIGNATURE ~~~ DATE:
f -). t, -0 L~
** ~!:e: N!:YT DAne: E:nD II~TINn nE: AnAon~ Ane:Nr.I!:~ ANn r.nuulTT!:!:~- IO!:V 1.11...nm
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05-11-04 P12:45 IN
THE CITY OF EDGEWATER
. POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
NAME' {7AlJl()
ADDRESS / a-I
APPLICATION FOR APPOINTMENT TO CITY
. . :~. I3.<?~S ~AGENCIES '. OR. COMMITTEES .'
yrtA (We.. C & 0 N A (2,.D
VA L<f A/C-( A /) IL .
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District
(staff will. suPP1y district number)
HOME PHONE
-'
BUSINESS
OCCUPATION I
Are you a. resident
Is your principal place of employment in Edgewater? ~~5
if yes how long? ;; Y6A/l-f
Briefly state your interest in serving on a city board, agency or
committee:
Are
Are
or
.(BOARD,AGENCY.AND COMMITTEE BE REQUIRED TO FILE WITH
THE STATE, FINANCLAL DISCLOSURE FORMS EACH YEAR)
. PLEASE nmICATE BOA1U)S,. AGENCIES OR COMMI!rTEES YOU
WOULD LIRE !rO SERVE ON AND RANK !rHEM ACCORDING !rO CHOICE BY NUMBER
_ANIMAL CONTROL BOARD
_B~UTIFlCATI~N & TR~E COMMITTEE
~CITizEN CODE ENFORCEMENT BOARD
~CONSTRUCTION'REGULATION B~ARD
~GENERAL EMPLOYEES PENSION BOARD
~LIBRARY BOARD
~PARKS & RECREATION BOARD
~PLANNING & ZONING BOARD
_ECONOMIC DEVELOPMENT BOARD
_____POLICE PENSION.BOARD
. FIREFIGHTERS PENSION BOARD... . _____VETERANS PARK AnV.' COMMITTEE
SIGNATURE j)~~ DATE:
** SEE REVERSE smE FOR..LIS!rING 'OF. BOARDS; AGENCIES AND' :C:CnM!rTEES** (REV 10-30-97)
,.. ....-....
'.......' ,. ;..
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APPLICATION FOR APPOINTMENT TO .
CITY BOARDS AND COMMITTEES
Name Altt~^'-/ RlVVct
Address f% (tJ Po.. r ~ 0 v'f-q IA u/fe- <<-<f) (f? cl rd-ve
Home Phone ~ ~ 6' '- th~~ - c.t ~ 3 Business Phone ~ g G - tf~ ? - -, ~ (;[)
o ~ t> v~ (ltel;
Are you a registered voter? t e. g. Voting District
Are you a resident of Edge water? r e ~ How long?
.
.
o
Occupation
fj U/ "-,,ef
~.. r'l elt#^C
Is your principal place of employment in Edgewater?
yeS
If yes how long?
Briefly state youdnterest .. """lng on a City boanI 0' COmmittee'.-0- '
9p~l^ulCe tm. Th,e c"~f <0 '8cffe~<(e",
State your experience/qualifications -l? u 7( If f.;C . (!) fA .; 1f.e- .
.f
Are you employed by the City?--tUo-Do you hold public office?
/I/O
At the present time, do you serve on any other Boards or committees?
If so, list each: C kr:- at~,/' IJ ~ I ClI.l ;f<<.( Ae{J(~ Co #lip!( ~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 DlSCWSURE 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
_GENERAL EMPLOYEES PENSION BOARD
5- LIBRARY BOARD
.!:t-RECREATION & CULTURAL SERVICES
~PLANNING & ZONING BOARD
_POLICE PENSION BOARD
VETERANS PARK ADV. COMMITTEE
__CONSTRUCTION REQULA TION BOARD
-LECONOMIC DEVELOPMENT BOARD
__FIREFIGHTERS PENSION BOARD
Date f - (J q--() 5'
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03-04-05A08:49 RCVD
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AGENDA REQUEST
Date: April 22, 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
May 2, 2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION
Clifford Eckert of the Christian Church of Edge water, requesting approval of a deferred paving waiver for
construction ofachurch to be located on West Park Avenue, north of132 W. Park Ave (PID# 7452-01-00-
0263)
BACKGROUND
At their regular meeting held April 13, 2005, the Planning and Zoning Board voted 6-0 to approve a
variance request from Section 21-57 .02(k) of the City of Edgewater Land Development Code, to allow
grass parking for a designated period of time, in lieu ofthe requirement that all parking areas shall be hard-
surfaced using material approved by the City, with the following conditions: the applicant enter into a
Deferred Paving Agreement which provides for future paving of the parking area and that the applicant
complete the Site Plan review process with the City.
The subject parcel is on West Park Avenue, north of Park Plaza Shopping Center. The applicant is
proposing to construct a church and is requesting the hard surface parking requirement be waived for a
specific period oftime (see attached proposed "Deferred Paving Agreement"). The required parking for
the proposed 2,740 square foot seating area is 69 spaces. Required handicap parking is four (4) spaces
(twelve (12) paved spaces are proposed including five (5) handicap spaces). Fifty-eight (58) total grassed
parking spaces are being requested.
Land Use Compatibility
The proposed commercial use is compatible with the surrounding commercial uses along West Park
Avenue.
Adequate Public Facilities
The site has access to West Park Avenue. City water and sewer is available.
Natural Environment
There are no known environmental issues associated with this parcel.
Consistency with Comprehensive Plan
The City of Edgewater Comprehensive Plan does not specifically address this issue.
Other Matters
The applicant will be required to complete the Site Plan review process with the City, prior to developing
the lot.
.
t
STAFF RECOMMENDATION
Staff recommends Council approve the Deferred Paving Agreement to allow grass parking for a designated 0
period of time, in lieu of the requirement that all parking areas shall be hard-surfaced using material
approved by the City, with the condition that the applicant complete the Site Plan review process with the
City.
ACTION REQUESTED
Motion to approve the Deferred Paving Agreement, based on staff s recommendations.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
~
y:
~~~~
Robin Matusick -1
Legal Assistant
~,\:^"'"'^"&\C \\Q~,^- ~ ~"
Kenneth R. Hooper ~ \J
City Manager
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DEFERRED PAVING AGREEMENT
THIS AGREEMENT, made and entered into on the day of , 2005
by and between THE CITY OF EDGEW A TER, a Florida Municipal Corporation (hereinafter referred to
as the "CITY") and whose address is P.O. Box 100, Edgewater Florida 32132, and CHRISTIAN
CHURCH OF EDGEWATER (hereinafter referred to as "PETITIONER") whose address is P.O. Box
217, Edgewater Florida 32132.
WHEREAS, Section 21-57.02 (k) of the Land Development Code of the City of Edgewater,
provides that all off-street parking areas shall be hard-surfaced using material approved by the City, and
WHEREAS, Christian Church of Edgewater, is the owner in fee simple of propertylbusiness
located north of 132 W. Park Avenue (PID # 7452-01-00-0263), in the City of Edgewater, Florida, with a
legal description as follows Lot 26D, Lot 26E, and the easterly 290 feet of Lot 26B, Assessor's
Subdivision in the G. Alvarez Grant, according to the plat thereof as recorded in Map Book 3, Page 137,
of the Public Records of Vol usia County, Florida and
WHEREAS, Petitioner has asked the Planning and Zoning Board to for a variance to allow grass-
parking areas, deferring the requirements of Section 21-57.02 (k) of the City Land Development Code.
On April 13, 2005, the Planning and Zoning Board approved the variance to allow a grass-
parking area and recommended City Council enter into a Deferred Paving Agreement.
On , City Council approved the Deferred Paving Agreement.
WITNESSETH:
NOW, THEREFORE, in consideration of the foregoing premises and other consideration as set
forth below and the mutual agreement of the parties hereto and the faithful performance by the Petitioner
of the terms and conditions contained herein, the parties agree as follows:
1. City hereby defers enforcement of the above Code Section until such time as five (5) years
from the date of Certificate of Occupancy for Phase I.
2. Petitioner agrees and covenants to provide concrete/asphalt type surface to the required areas
during time of deferment. Wheel stops must be removed, curbed parking and stormwater retention
supplied.
3. Petitioner agrees and covenants to pave the subject parking area in compliance with the above
Section of the City Code within a period of five (5) years from the date of Certificate of Occupancy for
Phase I.
4. If the petitioner is the owner of the subject property, this Agreement shall be a covenant
running with the land and shall be binding on the Petitioner, as well as its successors, assigns, heirs and
legal representatives, and any licenses issued by the City shall be subject to the conditions contained in
Paragraph 5 of this Agreement.
..
;,-
5. If Petitioner is the owner of the business located at the subject address and hold a City
license, the Petitioner agrees to disclose the existence of this Agreement to any prospective purchaser or
future owner/occupant of the property and compliance with this Agreement shall be made a condition of
the sale of the business and any license issued pursuant to this Agreement shall contain the following
notation: "The holder of this license or any successor in interest is obligated to comply with Section 21-
57.02 (k) of the Land Development Code of the City of Edgewater."
6. This Agreement was authorized by action of the City Council of the City of Edgewater, on
the day of ,2005.
o
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first above
written.
Signed, sealed and delivered
In the presence of:
Witnesses:
CITY OF EDGEW A TER
By:
Mayor
Attest:
City Clerk
o
Witnesses:
AS TO PETITIONER
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before me this day of
, 2005 by and
as Mayor and City Clerk respectively, of the City of Edgewater, a
Florida Municipal Corporation on behalf of the City.
Notary Public
My Commission Expires:
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I El'lIAB V E AlJ~NJJA IT~MS
MAY 16
1) 2nd Reading, Ord #2005-0-07, Comp Plan Amend, Halstead, 2.3 i= acres
2) 2nd Reading, Ord #2005-0-12, Comp Plan Amend, U-Sto-It (Edgegate) .32i= acres
3) 2nd Reading, Ord #2005-0-13, Zoning Map Amend, U-Sto-It (Edgegate) .32i= acres
4) 1st Reading, Ord #2005-0-14, Annexation, Glenn Storch (Miller) 80 acres (AN-0506)
5) 1st Reading, Ord #2005-0-15, Annexation, Carder US 1 & Godfrey (AN-0504)
6) 1 st Reading, Ord #2005-0-16, Annexation, River Colony 4 acres N of Jones Fish Camp Rd (AN-0505)
7) 1st Reading, Ord #2005-0-17, Comp Plan Amend, River Colony 4 acres N of Jones Fish Camp Rd (CPA
0504)
8) 1st Reading, Ord #2005-0-18, Annexation Westar Homes, Packwood Rd, 20 acres (AN-0507)
9) pt Reading, Ord #2005-0-19, Annexation, Riverclub (AN-0501)
10) pt Reading, Ord #2005-0-20, Comp Plan Amend, Herman (CPA-0414)
11) pt Reading, Ord #2005-0-21, LDC Text Change (mining, etc) (TA-0501)
12) Res #2005-R-, Amending Personnel Policy and Procedures
13) Presentation of Annual Financial Report for FY ended September 30,2004
JUN6
1) 1st Reading, Ord #2005-0-, Rezonings, Airpark-Massey area
2) 2nd Reading, Ord #2005-0-14, Annexation, Glenn Storch (Miller) 80 acres (AN-0506)
3) 2nd Reading, Ord #2005-0-15, Annexation, Carder US 1 & Godfrey (AN-0504)
4) 2nd Reading, Ord #2005-0-16, Annexation, River Colony 4 acres N of Jones Fish Camp Rd (AN-0505)
5) 2nd Reading, Ord #2005-0-17, Comp Plan Amend, River Colony 4 acres N of Jones Fish Camp Rd (CPA
0504)
6) 2nd Reading, Ord #2005-0-18, Annexation, We star Homes, Packwood Rd, 20 acres (AN-0507)
7) 2nd Reading, Ord #2005-0-19, Annexation, Riverclub (AN-0501)
8) 2nd Reading, Ord #2005-0-20, Comp Plan Amend, Herman (CPA-0414)
9) 2nd Reading, Ord #2005-0-21, LDC Text Amendment (mining, etc) (TA-0501)
10) 15t Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Storch/Hickey - Med Density Residentia
(CP A-0416)
11) 1 st Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Storch/Belmont (CP A-0415)
12) 15t Reading, Ord #2005-0-, Comp Plan Amend, Sfera - Commercial (CPA-0417)
13) pt Reading, Ord #2005-0-, Comp Plan Amend, Kayat - Industrial (CPA-0419)
14) pt Reading, Ord #2005-0-, Comp Plan Amend, Jalbert 12 acres (CPA-0406)
15) pt Reading, Ord #2005-0-, Comp Plan Amend, Jalbert 1 acre (CPA-0407)
16) pt Reading, Ord #2005-0-, Annexation, Riverclub 41.891 acres (AN-501)
17) 15t Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Carder - Godfrey Rd (CP A-0503)
18) 1 st Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend, Scott Tobin (CP A-0505)
19) 15t Reading, Ord #2005-0-, {Large Scale} Comp Plan Amend ASD Properties (Rodney Jones) 99 acre
(CP A-0506)
JUN 20
1) Res #2005-R-, Scott Tobin abandonment (AB-0501)
2) Pinehurst subdivision
3) Adkins subdivision
4) 15t Reading, Ord #2005-0-, Rezoning, Herman (RZ-0416)
5) 151 Reading, Ord #2005-0-, Rezoning, River Colony 4 acres N of Jones Fish Camp Rd (RZ-0506)
6) 15t Reading, Ord #2005-0-, Rezoning Hickey/Miller residential to R-1, 2 acres (RZ-0505)
o 7) 15t Reading, Ord #2005-0-, Rezoning - Storch/Hickey - RPUD (RZ-0509)
8) 15t Reading, Ord #2005-0-, Rezoning - Storch/Belmont - RPUD (RZ-0502)
9) 151 Reading, Ord #2005-0-, Rezoning, Sfera (RZ-~
Rev. 4/25/05
I:\Jiz _ docs\outlines\aitems05 I 605
10) 1 st Reading, Ord #2005-0-, Rezoning, Kayat (RZ-0418)
11) pt Reading, Ord #2005-0-, Rezoning, Jalbert 12 acres (RZ-0409)
12) 1 st Reading, Ord #2005-0-, Rezoning, Jalbert 1 acre (RZ-0410)
13) pt Reading, Ord #2005-0-, Halstead PUD (RZ-0414)
14) 1st Reading, Ord #2005-0-, Rezoning, ASD Properties (RZ-0508)
15) 1st Reading, Ord #2005-0-, Rezoning, Carder (RZ-0504)
16) 1st Reading, Ord #2005-0-, Rezoning, Scott Tobin (RZ-~
17) 2nd Reading, Ord #2005-0-, Rezonings, Airpark-Massey area
o
(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) 2nd Reading, Ord #2005-0-10, Annexation, Tobin 30 acres 4/18, 6C
3) 2nd Reading, Ord #2005-0-11, Annex 99:t acres, ASD (Rodney Jones) E of Old Mission, 4/18, 6D
4) 2nd Reading, Ord #2005-0-, Rezoning, Herman (RZ-0416)
5) 2nd Reading, Ord #2005-0-, Rezoning, River Colony 4 acres N of Jones Fish Camp Rd (RZ-0506)
6) 2nd Reading, Ord #2005-0-, Rezoning Hickey/Miller residential to R-l, 2 acres (RZ-0505)
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 Residentia
(CP A-0416)
2) 2nd Reading, Ord #2005-0-,{Large Scale} Comp Plan Amend, Storch/Belmont (CPA-0415)
3) 2nd Reading, Ord #2005-0-, Rezoning - Storch/Hickey - RPUD (RZ-0509)
4) 2nd Reading, Ord #2005-0-, Rezoning - Storch/Belmont - RPUD (RZ-0502)
5) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Sfera - Commercial (CP A-0417) 0
6) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Kayat - Industrial (CP A-0419)
7) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Jalbert - 12 acres (CPA-0406)
8) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Jalbert - 1 acre (CP A-0407)
9) 2nd Reading, Ord #2005-0-, Rezoning, Jalbert 12 acres (RZ-0409)
10) 2nd Reading, Ord #2005-0-, Rezoning, Jalbert 1 acre (RZ-041O)
11) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Carder (Godfrey) (CP A-0503)
12) 2nd Reading, Ord #2005-0-, Comp Plan Amend, Scott Tobin - High Density Residential (CPA-0505)
.13) 2nd Reading, Ord #2005-0-, Comp Plan Amend, ASD Properties - Med Density Residential (CPA-0506)
14) 2nd Reading, Ord #2005-0-, Rezoning, Carder (RZ-0504)
15) 2nd Reading, Ord #2005-0-, Rezoning, Scott Tobin (RZ-~
16) 2nd Reading, Ord #2005-0-, Rezoning, ASD Properties (RZ-0508)
17) 2nd Reading, Ord #2005-0-, Rezoning, Kayat (RZ-0418)
18) 2nd Reading, Ord #2005-0-, Rezoning, Sfera (RZ- )
o
Rev. 4/25/05
I:\Iiz _ docs\outlines\aitems05 I 605