05-16-2005
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Voting Order
Councilman Vincenzi
CauncilwomanRhodes
Councilwoman Lichter
Mayor Schmidt
Councilman Brown
.
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
May 16, 2005
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES - None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
A. Elden McDirmit/Kelly Leary, McDirmit Davis Puckett, presenting the
Comprehensive Annual Financial Report (CAFR) for fiscal year ended
September 30, 2004.
B. Rick Fernandez, President, Quinton Hampton Associates, Inc., to discuss
facility planning for the southern service area (water, wastewater, reclaim).
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or less.
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2005-012, Edgegate LLC requesting an amendment
to the Comprehensive Plan Future Land Use Map to include .32::!:: acres of
land located north of 3725 US 1 as Commercial.
B. 2nd 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).
C. pt Reading, Ord. No. 2005-0-14, Glen Storch requesting annexation of
80.97::!:: acres ofland located east of US 1 and northeast of William Street.
D. 1 st Reading, Ord. No. 2005-0-15, JC & Rosemary Carder requesting
annexation of24.26::!:: acres ofland located east of US 1 and north of Godfrey
Road.
E. 1 sl Reading, Ord. No. 2005-0-16, River Colony, Inc. requesting annexation
of 4.2:t acres ofland located north of Jones Fish Camp Road and west of the
Indian River.
F. pI Reading, Ord. No. 2005-0-17, River Colony Inc. requesting an
amendment to the Comprehensive Plan Future Land Use Map to include 4.2::!::
acres ofland located north of Jones Fish Camp Road and west of the Indian
River as Low Density Residential.
G. pI Reading, Ord. No. 2005-0-19, Riverclub - SeaGate Investments, LLC
requesting annexation of 41.89::!:: acres ofland located east of US 1 and south
of River Park Boulevard.
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City Council Agenda
May 16, 2005
Page -2-
,. 6.
Public Hearings, Ordinances and Resolutions Cont.
H. 1 st Reading, Ord. No. 2005-0-20, Daniel and Christine Herman requesting an
amendment to the Comprehensive Plan Future Land Use map to include
3 .65::t acres ofland located west of US 1 and south of Jones Fish Camp Road
as Commercial with Conservation Overlay.
I. 1 sl Reading, Ord. No. 2005-0-21, the City of Edgewater requesting a text
amendment to Article III of the City of Edgewater Land Development Code.
7. BOARD APPOINTMENTS
A. Economic Development Board - nominations by: Mayor Schmidt to fill seat
vacated by the resignation of Kathy Leonard; Councilman Brown to fill
remaining term of Nora Aly due to her resignation and Councilman Vincenzi
to fill seat due to the expired term of Eric Caplan, who has requested
reappointment.
8. CONSENT AGENDA
All matters listed under the consent agenda are considered to be routine by the City Council
and will be acted upon by one motion. There will be no separate discussion of these items
unless discussion is desired by a member of the Council, in which case the Mayor will
remove that item from the consent agenda and such item will be considered separately.
A. Surplus Items - staff recommending approval of declaration of the attached
list as surplus and therefore allowing for disposal by auction or trash.
9. OTHER BUSINESS
A. Performance Bond - staff recommending approval of a performance bond for
Dr. David Chess for a time period not to exceed six (6) months for
conversion of a residential home to commercial use, and contingent on
completion of the conditions of any required variances and site plan
requirements.
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 June 6, 2005, agenda must be received by the City Manager's office
no later than 4:30 p.m Tuesday, May 31, 2005.
Pursuant to Chapter 286, F.s., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim
record of the proceedings is made. The City does not prepare or provide such record
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-
424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771.
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AGENDA REQUEST
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Date: May 3, 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE May 16, 2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-12
Edgegate LLC requesting an amendment to the
Comprehensive Plan Future Land Use Map to
include .32:1: acres of land located north of 3725
US Highway 1 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)
'-> LOCATION: North of3725 US Highway I
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 Designation ZoninJ! 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)
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CPA-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.
City Council approved the request at first reading on May 2, 2005.
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 ofthe
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 0
also anticipated to develop adjacent to the Interstate 95 interchange, which is a regional opportunity for the
City. Therefore, the commercial acres-per-population ratio was projected at 15 commercial acres per 1,000
population to account for this factor. The amount of additional commercial acres necessary to support future
growth through the year 20 10 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 ofthe 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:l: acres ofland located north of3725 US Highway I as Commercial.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-12.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
5-2-05
AGENDA ITEM NO. 6H
By:
CP A-0502 - Edgegate
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Robin Matusick \. Kenneth R. Hooper - ~ \
Paralegal City Manager
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ORDINANCE NO. 2005-0-12
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY
COMMERCIAL TO CITY COMMERCIAL FOR PROPERTY
LOCATED NORTH OF 3725 SOUTH RIDGEWOOD A VENUE,
EDGEW ATER, FLORIDA; PROVIDING FOR FINDINGS OF
CONSISTENCY; AMENDING THE FUTURE LAND USE
MAP; PROVIDING FOR FILING WITH THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THEVOLUSIA
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 A venue, 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 cfescribed 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 163.3l87(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 th.e 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 Elem,ent 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.
PARTC.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner is hereby authorized and directed to amend the Future Land Use Map of
the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the
Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)( c )2, Florida Statutes (2002), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PARTF.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2005-0-12
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PARTH. ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on May 2,2005 is as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2005-0-12
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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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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 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 i: acres more or less.
2005-0-12
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AGENDA REQUEST
Date: Mav 4, 2005
PUBLIC
HEARING
RESOLUTION ORDINANCE May 16, 2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-13
Edgegate LLC requesting an amendment to the
Official Zoning Map to include .32::1:: acres ofland
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. Varden 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 Designation Zoning District
North Vacant V olusia County - Commercial Volusia County B-4W
(General Commercial)
East Vacant Volusia 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.
City Council approved this request at first reading on May 2,2005.
Land Use Compatibility
The proposed use is consistent with the surrounding area.
Adequate Public Facilities
The site has access to US Highway 1. 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 LongleafPinelXeric Oak.
Consistency with Comprehensive Plan
Per the City of Edge water Land Development Code Section 21-31, Table ill-I the proposed zoning designation
of B-3 (Highway Commercial) is compatible with the proposed Future Land Use designation of Commercial
along US Highway 1.
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, storm water and impervious surface requirements.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-13; amending the Official Zoning Map to include
approximately .32:1: acres ofland located north of3725 US Highway 1 as B-3 (Highway Commercial).
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ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-13.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
5-2-05
AGENDA ITEM NO. 61
~0~1~J(
Robin atusick
Paralegal
\Z.v~&\:.C\\~'~~
Kenneth R. Hooper '\,'" If-
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 EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FORAN EFFECTIVE DATE, RECORDING AND
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Brent Jones and Thomas Vardell of Edge gate, LLC dba U-Sto-It Mini Storage are the
owners/applicants for property located north of3 725 South Ridgewood Avenue, 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-4W (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.
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2005-0-13
5. On May 16, 2005, the City Council held a public hearing on the application after
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
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF 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 Vol usia
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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
Volusia County, Florida.
Containing .32 :!: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, Florida, to reflect the change in zoning classification for the above described
property .
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
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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.
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on May 2,2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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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
StI n,k tIuongh passages are deleted.
Underlined passages are added.
2005-0-13
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of May, 2005 under Agenda Item No. 6_.
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AGENDA REQUEST
Date: Mav 4. 2005
PUBLIC
HEARING
RESOLUTION
x
BOARD
APPOINTMENT
CONSENT
ITEM DESCRIPTION:
G" C.
ORDINANCE May 16.2005
OTHER
BUSINESS
1 sl Reading - Ordinance No. 2005-0-14
Glenn D. Storch, requesting annexation of80.97::1:: acres
of land located east of US Highway 1 and northeast of
William Street.
OWNER: Alice Margaret Murray Trustee & Adkins Holding L TD
APPLICANT/AGENT: Glenn D. Storch P.A.
REQUESTED ACTION: Annexation
PROPOSED USE: Single-Family Residential subdivision
LOCATION: East of US Highway 1 and northeast of William Street
AREA: 80.97::1:: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
North
Current Land Use
Vacant
FLUM Desi nation
Volusia County- Urban Low
Intensi
Volusia County - Urban Medium
Intensity
East
Vacant, warehouse,
service shop
South
Single-Family
Residential and Vacant
Vacant
Volusia County- Urban Low
Intensi
Rural
West
Zonin District
Volusia County - A-3 (Transitional
A riculture
Volusia County - MH-5W (Urban
Mobile Home), MH-IW (Mobile
Home Park), and B-4W (General
Commercial
Volusia County - A-3 (Transitional
A iculture
Volusia County - A-2 (Rural
A iculture
Background
This parcel is located south of the current City limits. The property to the north was annexed into the City in
December 2004. The use of this property is proposed as a residential project to be combined with the property
adjacent to the north.
This request was before the Planning and Zoning Board on May 11,2005 for recommendation to City Council.
AN-0506 - Storch - Miller
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Land Use Compatibility
The annexation and proposed use of this parcel is compatible with the surrounding area.
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Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City
of Edgewater has verified that potable water is available 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 an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be completed and approved by City staff prior to development of this property.
Comprehensive Plan Consistency
Annexation of this property is consistent with the Comprehensive Plan. Policy 1.8.3 of the Future Land Use Element
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 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 0
acres that may be needed, considering the ample supply of vacant land currently surrounding the City.
Other Matters
Requests for rezoning, preliminary plat approval and final plat shall occur at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-14, annexing 80.97:l:: acres ofland located East of US Highway
1 and northeast of William Street.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-14.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
Y--...~ &\< \\~::J ~
Kenneth R. Hooper \; 'Ir.:., <t-
City Manager \ \
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AN-0506 - Storch - Miller
2
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ORDINANCE NO. 2005-0-14
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED WEST OF U. S. HIGHWAY #1 AND NORTHWEST
OF WILLIAM STREET, VOLUSIA COUNTY, INTO THE
CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOL USIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF ST ATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Glenn D. Storch, P.A. is the agent and applicant for property owned by Alice
U Margaret Murray Trustee and Adkins Holding, L TD with contract purchaser as Forte Macaulay and
located West of U.S. Highway #1 and Northwest of William Street, within Volusia County, Florida.
Subject property contains approximately 80.97 i: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
StlUck till otlg,h passages are deleted.
Underlined passages are added.
U
2005-0-14
1
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5. During the Planning and Zoning Board meeting on May 11, 2005, the Board
recommended by a vote of
to _ that the property be annexed into the City of Edgewater.
o
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended 0
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
StI tl.:k t1uongh passages are deleted.
Underlined passages are added.
2005-0-14
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records ofVohisia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 16,2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Shuck t1lJotlSh passages are deleted.
Underlined passages are added.
2005-0-14
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on June 6, 2005, was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 6th day of June, 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
Shuck tIlIotl~h passages are deleted.
Underlined passages are added.
2005-0-14
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 6th day of
June, 2005 under Agenda Item No. 6_.
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EXHIBIT" A"
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LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South ~ of the Southeast 1/4 of Section 24, Township 18 South, Range 34 East,
lying East ofFEC Railroad right-of-way, and that part of Section 19, Township 18 South, Range 35
East, lying West of U.S. No.1 Highway and East of said South ~ of Southeast 1/4 of Section 24,
Township 18 South, Range 34 East, except the Northerly 250 feet.
and
The Northerly 250 feet of that part of the South ~ of the Southeast 1.4 of Section 24, Township 18
South, Range 34 East, lying East ofFEC Railroad right-of-way and that part of Section 19, Township
18 South, Range 35 East, lying West ofD. S. Highway No.1 and East of said Northerly 250 feet of
the South 1.2 of the Southeast 1.4 of Section 24, Township 18 South, Range 34 East, also described
as the North 250 feet ofthe Southwest 1/4 of the Southwest 1/4 of Section 19, Township 18 South,
Range 35 East, lying West of U.S. Highway No.1 right-of-way.
Containing 80.97 ::t acres more or less.
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AGENDA REQUEST
Date: May 4. 2005
PUBLIC
HEARING
ORDINANCE Mav 16. 2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2005-0-15
James C. and Rosemary Carder requesting annexation
of24.26:1: acres ofland located east of US Highway I
and north of Godfrey Road.
OWNER: James C. and Rosemary Carder
APPLICANT/AGENT: James C. Carder
REQUESTED ACTION: Annexation
PROPOSED USE: Commercial frontage along US Highway I and residential usage to the east.
LOCATION: East of US Highway 1 and north of Godfrey Road
AREA: 24.26:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - R-3W (Urban Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use
North Vacant
FLUM Desi nation
Volusia County - Urban Low
Intensi , Commercial
V olusia County - Urban Low
Intensi
V olusia County - Commercial and
Urban Medium Intensity
East Vacant
South Vacant/Single Family
Residential
West Single Family
Residential
Volusia County - Urban Low
Intensi
Background
This property is located east of US Highway I and north of Godfrey Road. The applicant is proposing commercial
development on the portion of the property abutting US Highway 1 and residential development to the east.
Land Use Compatibility
The annexation and proposed use of this parcel is compatible with the surrounding area.
AN-0504 - Carder
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Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The City
of Edgewater has verified that potable water is available along U.S. I and that sufficient water capacity exists for this
project.
o
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be completed and approved by City staff prior to development of this property.
Comprehensive Plan Consistency
Annexation of this property is consistent with the Comprehensive Plan. Policy 1.8.3 of the Future Land Use Element
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 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
The applicant shall be required to submit for site plan approval for the commercial portion of the site, and
subdivision preliminary plat and final plat approval for the residential development.
o
ST AFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-15, annexing 24.26:l:: acres ofland located east of US Highway
I and north of Godfrey Road.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-15.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~~~~AJ~
Robin Matusick
Paralegal
v...~"l-~ ~\~O::>"'-
Kenneth R. Hooper ) Y>, ~
City Manager \ ~
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AN-0504 - Carder
2
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ORDINANCE NO. 2005-0-15
v
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF GODFREY ROAD AND EAST OF U.S.
HIGHWAY NO.1, VOLUSIA COUNTY, INTO THE CITY OF
EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORATE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. James C. Carder, owner and applicant for property located North of Godfrey Road
U and East of U.S. Highway No.1, within Volusia County, Florida. Subject property contains
approximately 24.265 i: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on May 11, 2005, the Board
v
Stltlck tluotlgh passages are deleted.
Underlined passages are added.
2005-0-15
1
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recommended by a vote of_to _ that the property be annexed into the City of Edge water.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
o
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edgewater, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
o
4.
Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
StltlGk tlllongh passages are deleted.
Underlined passages are added.
2005-0-15
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 16,2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StI UGk till ot15h passages are deleted.
Underlined passages are added.
2005-0-15
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on June 6, 2005, was as follows;
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 6th day of June, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
StI tlck till ongh passages are deleted.
Underlined passages are added.
2005-0-15
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 6th day of
June, 2005 under Agenda Item No. 6_.
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EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
The Westerly 1350.00 feet of the South 771.3 feet of the North 1731.3 feet, of the Jane Murray
Grant, in Sections 48 and 49, Township 18 South, Range 34 East, lying East of U.S. Highway No.
1 and the Westerly 1350.00 feet of the North 10 feet, of Waterway Park, Section No.1, according
to the plat thereof recorded in Map Book 19, Page 263, Public Records of Vol usia County, Florida,
and also described as the Westerly 1350 feet of the North 10 feet of Waterway Park, Section 1, as
replatted in Map Book 19, Page 269, Public Records of V olusia County, Florida. The said Westerly
1350 feet of the North 10 feet, being that strip ofland lying immediately North of Godfrey Road.
And a portion of the Westerly 1350.00 feet of the Jane Murray Grant, in Sections 48 and 49,
Township 18 South, Range 34 East, lying East of U.S. Highway No.1 and lying immediately North
ofthe North line Waterway Park, Section No.1, according to the plat thereof recorded in Map Book
19, Page 263, Public Records of Vol usia County, Florida and lying South of South line of the North
1731.3 feet of said Jane Murray Grant all of the above being more particularly described as follows:
Commence at an intersection ofthe Easterly right-of-way of U.S. Highway No.1 with the Northerly
line of the Jane Murray Grant aforesaid, thence S 22050'41" E, 960.32 feet along said Easterly right-
of-way to the North line of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant,
aforesaid and the Point of Beginning; thence N 69000'39" E along said North line for a distance of
1350.00 feet; thence departing said North line and parallel to the Easterly right-of-way line of said
U.S. Highway No. 1, S 22050'41" E 784.79 feet to the North line of Godfrey Road, a 50 footright-of-
way as now laid out; thence along the said Northerly right-of-way line of Godfrey Road S 69007'57"
W, a distance of 1350.10 feet, to the Easterly right-of-way of U.S. Highway No.1 aforesaid, thence
along the said Easterly right-of-way of U.S. Highway No.1, N 22050'41" W, a distance of781.92
feet to the Point of Beginning.
Containing 24.265 :!: acres more or less.
Stltlck tIuotlSh passages are deleted.
Underlined passages are added.
2005-0-15
5
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AGENDA REQUEST
Date: May 5. 2005
PUBLIC
HEARING
ORDINANCE May 16.2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2005-0-16
River Colony Inc., requesting annexation of 4.2:l:: acres
of land located north of Jones Fish Camp Road and
west of the Indian River.
OWNER: River Colony Inc.
APPLICANT/AGENT: River Colony Inc.
REQUESTED ACTION: Annexation
PROPOSED USE: Single/Duplex Residential Subdivision
LOCATION: North of Jones Fish Camp Road, west of the Indian River
AREA: 4.2:l:: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: Volusia County - R-6W (Urban Two-Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desil!nation Zonin!! District
North Vacant V olusia County - Urban Medium Volusia County- R-6 (Urban Two-
Intensity Family Residential)
East Indian River Water V olusia County- RCW (Resource
Corridor)
South Vacant Volusia County - Urban Medium Volusia County - R-6W (Urban
Intensity Two-Familv Residential)
West Vacant V olusia County - Urban Medium Volusia County - R-6W (Urban
Intensity Two-Familv Residential)
Background
This property is located north of Jones Fish Camp Road with access to the Indian River. First reading of the
annexation of property to the north and west was heard by City Council on April 18, 2005. The applicant is
proposing a single-family and duplex subdivision.
Land Use Compatibility
The annexation and proposed residential use of this parcel is compatible with the surrounding area.
AN-0505 - River Colony
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Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The City
of Edgewater has verified.that potable water is available along U.S. 1 and that sufficient water capacity exists for this
project.
o
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be completed and approved by City staff prior to development of this property.
Comprehensive Plan Consistency
Annexation of this property is consistent with the Comprehensive Plan. Policy 1.8.3 of the Future Land Use Element
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 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
Requests for rezoning, preliminary plat approval and fmal plat approval shall occur at a later date.
o
ST AFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-16, annexing 4.2:1: acres ofland located north of Jones Fish
Camp Road and west of the Indian River.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-16.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
;~. ~.-
RObinM~ ~
Paralegal
\l...~~Q.\\ ~~~
Kenneth R. Hooper ~ h,""\ ~
City Manager \ U
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AN-0505 - River Colony
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ORDINANCE NO. 2005-0-16
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED NORTH OF JONES FISH CAMP ROAD AND
WEST OF THE INDIAN RIVER, VOL USIA COUNTY, INTO
THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEWATER
CORPORA TE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. River Colony, Inc., owner and applicant for property located North of Jones Fish
U Camp Road and West of the Indian River, within V olusia County, Florida. Subject property contains
approximately 4.22 :!: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on May 11, 2005, the Board
\.I
Stl nGk thlongh passages are deleted.
Underlined passages are added.
2005-0-16
recommended by a vote of _ to _ that the property be annexed into the City of Edge water.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4.
Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
Shuck tluotlgh passages are deleted.
Underlined passages are added.
2005-0-16
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PARTF.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 16,2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
Stlllek tluangl. passages are deleted.
Underlined passages are added.
2005-0-16
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on June 6, 2005, was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE.
NAY
PASSED AND DULY ADOPTED this 6th day of June, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
StI tick tluotlgh passages are deleted.
Underlined passages are added.
2005-0-16
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 6th day of
June, 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 parcel ofland in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES
UNIT 2, as recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida,
described as follows:
Begin at the SW comer of Lot 35 RIVERFRONT EST A TES UNIT 2, as recorded in Map Book 19,
Page 31 ofthe Public Records of Vol usia County, Florida; thence along the Westerly line of said Lot
35, on an assumed bearing run N 22044'32" W, 319.82 feet; thence N 69016'01" E, 633.63 feet to
a point on the existing shoreline of the Indian River North; thence along the meanders of said
shoreline the following courses and distances, S 11051 '56" E, 50.58 feet; thence S 04022'24" E, 62.38
feet; thence S 35002'40" W, 52.93 feet; thence S 02035'13" W, 88.75 feet; thence S 56049'20" E,
35.84 feet' thence S 16014'06" E, 50.88 feet; thence S 20024'24" E, 23.60 feet to a point on the South
line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot 35, S
69046'32" W, 535.15 feet to the POINT OF BEGINNING, TOGETHER WITH, any and all
accretions, riparian and littoral rights appertaining thereto.
Containing 4.22 ::!: acres more or less.
Stl t1Gk till otlgh passages are deleted.
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2005-0-16
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AGENDA REQUEST
Date: May 4. 2005
PUBLIC
HEARING
ORDINANCE May 16.2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
151 Reading - Ordinance No. 2005-0-17
River Colony Inc., requesting an amendment to the
Compressive Plan Future Land Use Map to include
4.2:1: acres of land located north of Jones Fish Camp
Road and west of the Indian River as Low Density
Residential.
OWNER: River Colony Inc.
APPLICANT/AGENT: River Colony Inc.
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Low
Density Residential
PROPOSED USE: Single-FamilylDuplex Residential Subdivision
LOCATION: North of Jones Fish Camp Road, west of the Indian River
AREA: 4.2:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: Volusia County - R-6W (Urban Two-Family Residential)
VOTING DISTRICT: 4
Current Land Use FLUM Desi!?nation Zonin!? District
North Vacant Volusia County - Urban Medium Volusia County- R-6 (Urban Two-
Intensity Family Residential)
East Indian River Water V olusia County- RCW (Resource
Corridor)
South Vacant Volusia County - Urban Medium Volusia County - R-6W (Urban
Intensity Two-Family Residential)
West Vacant Volusia County - Urban Medium V olusia County - R-6W (Urban
Intensity Two-Family Residential)
SURROUNDING AREA:
Background
This property is located north of Jones Fish Camp Road with access to the Indian River. The applicant is proposing
a single-family and duplex subdivision.
This request was before the Planning and Zoning Board on May 11, 2005 for recommendation to City Council.
Land Use Compatibility
The Future Land Use designation and proposed residential use of this parcel is compatible with the surrounding area.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The City
of Edgewater has verified that potable water is available along U.S. 1 and that sufficient water capacity exists for this
project
CPA-0504 - River Colony
"
project.
,
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
o
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be completed and approved by City staff prior to development of this property.
Comprehensive Plan Consistency
Volusia County - Urban Medium Intensity
Areas that contain residential development at a range of 4.1 to 8 dwelling units per acre. The types of housing typically
found in areas designated urban medium intensity include single family homes, townhouses and low-rise apartments.
This category may allow neighborhood business areas (See Shopping Center defmition in Chapter 20) and office
development 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. In order to be considered compatible, the commercial
development should reflect similar traffic patterns, traffic generation, building scale, landscaping and open space, and
buffers. High intensive commercial use, other than neighborhood business areas shall be
reserved to areas designated for Commercial.
All requests for non-residential uses within ~ mile of another jurisdiction shall
require notification to that jurisdiction.
City of Edgewater - Low Density Residential - (1.1 to 5 units per gross acre) This residential category is typically a
suburban area dominated by detached single-family homes on quarter-acre lots. This is the predominant land use within
the City.
o
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
Requests for rezoning, preliminary plat approval and final plat approval shall occur at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-17, amending the Comprehensive Plan Future Land Use Map to
include 4.2:1:: acres ofland located north of Jones Fish Camp Road and west of the Indian River as Low Density
Residential.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-17.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
~~
Robin Matusick ~
Paralegal
\Z~&~\\c~
Kenneth R. Hooper \ ~ rr- 0
City Manager \ U
CPA-0504 - River Colony
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ORDINANCE NO. 2005-0-17
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 MEDIUM INTENSITY TO CITY LOW DENSITY
RESIDENTIAL FOR PROPERTY LOCATED NORTH OF
JONES FISH CAMP ROAD AND WEST OF THE INDIAN
RIVER, 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. River Colony, Inc., owner and applicant for property located North of Jones Fish
Camp Road and West of the Indian River, within Volusia County, Florida. Subject property
contains approximately 4.22 :t acres.
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 Medium
Intensity to City Low Density Residential for the property described herein.
3. On May 11, 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
2005-0-17
Stl tick tlnough passages are deleted.
Underlined passages are added.
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, recommended that the City Council approve the request.
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4.
In a letter dated May 10, 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 May 16,2005, 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 June 6, 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 26, 2005.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
o
amended and supplemented, said Article adopting the Comprehensive Plan of the City ofEdgewater,
Florida regulating and restricting the use oflands located within the City of Edge water, 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 Low 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).
PARTB.
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
2005-0-17
StmGk tilt otlgh passages are deleted.
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Comprehensive Plan, specifically Policy 1.8.3 ofthe Future Land Use Element which states that 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 utilities.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner is hereby authorized and directed to amend the Future Land Use Map of
the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the
Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163 .3187( 1)( c )2, Florida Statutes (2002), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PARTF.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2005-0-17
Stl tick tilt Otlgh passages are deleted.
Underlined passages are added.
3
PART H. ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 16, 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
2005-0-17
StI tlck tilt otlgh passages are deleted.
Underlined passages are added.
AYE
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pASSED AND DULY ADOPTED this 6th day of June, 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
2005-0-17
StInck tlnOtlgh 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 6th day of
June, 2005 under Agenda Item No.6
5
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EXHIBIT "A"
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LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A parcel of land in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES
UNIT 2, as recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida,
described as follows:
Begin at the SW corner of Lot 35 RIVERFRONT ESTATES UNIT 2, as recorded in Map Book 19,
Page 31 of the Public Records of Vol usia County, Florida; thence along the Westerly line of said
Lot 35, on an assumed bearing run N 22044'32" W, 319.82 feet; thence N 69016'01" E, 633.63 feet
to a point on the existing shoreline of the Indian River North; thence along the meanders of said
shoreline the following courses and distances, S 11 051'56" E, 50.58 feet; thence S 04022'24" E,
62.38 feet; thence S 35002'40" W, 52.93 feet; thence S 02035'13" W, 88.75 feet; thence S 56049'20"
E, 35.84 feet' thence S 16014'06" E, 50.88 feet; thence S 20024'24" E, 23.60 feet to a point on the
South line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot 35,
S 69046'32" W, 535.15 feet to the POINT OF BEGINNING, TOGETHER WITH, any and all 0
accretions, riparian and littoral rights appertaining thereto.
Containing 4.22 i acres more or less.
2005-0-17
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AGENDA REQUEST
Date: May 4. 2005
\.J
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE May 16. 2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1 sl Reading - Ordinance No. 2005-0-19
SeaGate Investments, LLC, requesting annexation
of 41.891::1:: acres of land located east of US
Highway 1 and south of River Park Boulevard.
OWNER: RivercIub - SeaGate Investments, LLC
APPLICANT/AGENT: RivercIub - SeaGate Investments, LLC
REQUESTED ACTION: Annexation
PROPOSED USE: Commercial frontage along US Highway 1 and multi-family residential t~ the east
LOCATION: East of US Highway 1 and south of River Park Boulevard
AREA: 41.891::1:: Acres
U CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County - Urban Medium Intensity
ZONING DISTRICT: V olusia County - MH-1 (Mobile Home Park) and MH-5 (Urban Mobile Home)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desie:nation Zonine: District
North Vacant and V olusia County - Urban Volusia County- MH-5 (Urban
Manufactured Homes Medium Intensity Mobile Home)
East Indian River Water V olusia County - RCW (Resource
Corridor)
South Vacant and Single V olusia County - Urban Low Volusia County - B-4W (General
Family Residential Intensity Commercial) and R-3W (Urban
Single Family Residential)
West Vacant Volusia County - Urban Low Volusia County - A-3 (Transitional
Intensity Agriculture)
Background
This property is located east of US Highway 1 and south of River Park Boulevard. To the north of this site
is Terra Mar Village, a manufactured home community.
u
This request was before the Planning and Zoning Board on may 11, 2005 for recommendation to City
Council.
AN-050 I - Riverc1ub
Land Use Compatibility
The proposed residential development of this site is compatible with the residential uses to the north and south.
\
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1.
The City of Edgewater has verified that potable water via a 12-inch water main is available along U.S. 1
and that sufficient water capacity exists for this project.
o
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 ofthis 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 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. 0
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-19, annexing 41.891:1: acres ofland located east of
US Highway 1 and south of River Park Boulevard.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-19.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~~I~'~
Robin atusick
Paralegal
V-.~~ \:( \\~~"^'-
Kenneth R. Hooper ) "c\~
City Manager \0
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AN-050 1 - Riverclub
2
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ORDINANCE NO. 2005-0-19
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED EAST OF U.S. HIGHWAY NO.1 AND SOUTH OF
RIVERP ARK BOULEV ARD, VOLUSIA COUNTY, INTO THE
CITY OF EDGEWATER, FLORIDA; SUBJECT TO THE
JURISDICTION, OBLIGATIONS, BENEFITS AND
PRIVILEGES OF THE MUNICIPALITY; AMENDING THE
DESCRIPTION OF THE CITY OF EDGEW A TER
CORPORA TE LIMITS; PROVIDING FOR FILING WITH
THE CLERK OF THE CIRCUIT COURT, VOLUSIA
COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER
AND THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. River Club - Seagate Investments, LLC, owner and applicant of property located East
U of U.S. Highway No.1 and South of River Park Boulevard, within V olusia County, Florida. Subject
property contains approximately 41.891 .:!:: acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on May 11, 2005, the Board
Q
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Underlined passages are added.
2005-0-19
recommended by a vote of _ to _ that the property be annexed into the City of Edgewater.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality.
2. The boundaries of the City of Edgewater are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 ofthe Charter of the City of Edgewater, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4.
Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
Stt OGk tIll ongh passages are deleted.
Underlined passages are added.
2005-0-19
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into.the public records of Vol usia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on May 16,2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StI tlck throtl~h passages are deleted.
Underlined passages are added.
2005-0-19
3
After Motion by
and Second by
the vote on the second reading/public hearing ofthis ordinance held on June 6, 2005, was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 6th day of June, 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
St. t1,k till otlgh passages are deleted.
Underlined passages are added.
2005-0-19
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 6th day of
June, 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 the South 970.0 feet of the North 2872.6 feet of Lot 3, and a portion of the South 970.0
feet of the North 1940.0 feet of Lot 7, and a portion of the South 970.0 feet of the North 2090.0 feet
of Lot 11, Assessor's Subdivision of C. E. McHardy Grant, in Sections 37 and 39, Township 18
South, Range 34 East and Township 18 South, Range 35 East, according to Plat thereof recorded in
Map Book 3, Page 152 of the Public Records of Vol usia County, Florida including all riparian and
littoral rights thereunto.
More particularly described as follows:
Beginning at the Northwest comer of Lot 3, Block 1 (one) of Water Front Park as recorded in Map
Book 11, Page 251 Public Records of Vol usia County, Florida, said point being the POINT OF
BEGINNING; thence North 18034'40" West along the East Right of Way ofD.S. Highway #1, a
distance of 854.01 feet to the point of curvature of a curve concave westerly having a radius of
5827.65 feet and, a central angle of 00008'12"; thence run along the arc of said curve a distance of
13.90 feet to a point 100.00 feet South of the centerline of River Park Boulevard as shown on the
Corrected Plat of River Park Mobile Home Colony Section 1 (one) as recorded in Map Book 28,
Page 4 of the Public Records of Vol usia County, Florida; thence North 68044'20" East along a line
parallel to said Boulevard a distance of 300.25 feet to the West line of Lot l-C as shown on said
Corrected Plat of River Park Mobile Home Colony Section 1; thence South 18034'40" East along the
rear line of Lots l-C, 119, 120, 121, 122 and a prolongation of said line for a distance of361.91 feet;
thence North 42043'20" East, a distance of 114.00 feet; thence North 18034'40" West, a distance of
1.53 feet to the South Right of Way line of Oak Street as recorded in said plat of River Park Mobile
Home Colony Section 1; thence North 68044'20" East along said South Right of Way line and a
prolongation thereof for a distance of 1,250.14 feet; thence North 18034'40" West, a distance of
150.28 feet to the Southwest comer ofthe Sewer Treatment Plant Site as shown on said plat of River
Park Mobile Home Colony Section 1; thence continue North 18034'40" West along the West line of
said Sewer Treatment Plant Site 220.24 feet to the South line of the Drainage Canal Right of Way
as shown on said plat of River Park Mobile Home Colony Section 1; thence North 68044'20" East
along said South line, a distance of 827.85 feet to the Westerly bank of the Indian River North;
thence Southerly along said Westerly bank the following courses and distances; South 50046'50"
East, a distance of 42.21 feet; thence South 13008'00" East, a distance of 36.19 feet; thence South
11 047'30" West, a distance of 68.22 feet; thence South 18056'41" East, a distance of 165.46 feet;
thence South 34046'41" East, a distance of 1 07.15 feet; thence South 77035'49" East, a distance of
28.05 feet; thence South 39025' 19" East, a distance of 77.83 feet; thence South 32059'18" East, a
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2005-0-19
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distance of 150.02 feet; thence South 24034'01" East, a distance of 154.24 feet; thence South
00040'25" West, a distance of 88.54 feet; thence South 13006'28" West, a distance of 66.18 feet; 0
thence continue South 13006'28" West for a distance of2.35 feet to a point on the North line of Lot
1 (one) of Water Front Park Unit No.2 as recorded in Map Book 8, Page 228 of the Public Records
of Vol usia County, Florida; thence South 68045'58" West along the North line of said Water Front
Park Unit No.2 and the aforesaid Water Front Park a distance of2,533.85 feet to the POINT OF
BEGINNING.
Containing 41.891 ! acres more or less.
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2005-0-19
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South US 1 Annexation Reoort
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This annexation report is prepared for the City of Edgewater in accordance with the
requirements of Chapter 171 Florida Statutes relating to voluntary annexations.
Property Location
The subject property is comprised of several parcels of varying sizes, all of which are
currently located in unincorporated V olusia County. Approximately half of the total
subject property lies west of US 1, south of the current City of Edgewater corporate
limits. In this report, this property is referred to as the "US 1 West" property. The US 1
West property is comprised of several individual parcels of land which combined, total
approximately 335 acres in size. (Note: All acreage references in this report are
approximate, subject to revision based on a survey).
The other half of the total subject property, also comprised of several individual parcels,
lies east of US 1, south of the current City of Edgewater corporate limits. In this report,
this property is referred to as the "US 1 East" property. The US 1 East property is
approximately 290 acres in size.
The total combined size of the US 1 West property and the US 1 East property is 0
approximately 625 acres. This 625 acre combined property (referred to collectively in
this report as the "Property") is the subject of a proposed voluntary annexation into the
corporate limits of the City of Edgewater.
The Property is bounded on the north by the City of Edgewater and unincorporated
V olusia County, on the east by the Indian River Lagoon, and on the south and west by
unincorporated V olusia County.
The property is shown graphically on the attached Exhibit 1.
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EXISTING CONDITIONS
Current Development Condition
The Property is currently largely undeveloped with the exception of one large
commercial facility and a few small commercial establishments along US 1, and a
scattering of single family homes on various side roads off US 1.
Current Future Land Use Designation
The Property is currently located in unincorporated V olusia County within V olusia
County's proposed City of Edgewater Urban Growth Boundary.
The current Volusia County Future Land Use designation of the Property is a mixture of
Urban Low Intensity, Urban Medium Intensity, Industrial and Commercial.
The predominant Future Land Use designation on the US 1 West Property is Urban Low
Intensity. Smaller areas of the US 1 West property carry Industrial and Commercial
Future Land Use designations.
The predominant Future Land Use designation on the US 1 East Property is Urban
Medium Intensity. Smaller areas of the US 1 East property carry Industrial and
Commercial Future Land Use designations.
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PROPOSED CONDITIONS
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Proposed Future Land Use
After annexation, the Property will be subject to City of Edgewater large scale and small
scale Comprehensive Plan amendments in order to change the Future Land Use
designation. The Future Land Use of the Property will be changed to a combination of
residential, commercial, mixed-use and conservation land use designations.
The specific Future Land Use designations to be applied, and the areas to which they will
be applied will be determined by the City of Edgewater and the resulting Comprehensive
Plan amendment will be subject to approval by the Florida Department of Community
Affairs. Upon approval of the Comprehensive Plan amendment, applications by the
owner(s) for rezoning of all or parts of the Property, consistent with the then-current City
of Edgewater Future Land Use designations, could be submitted to the City for review.
Anticipated Development Potential
The anticipated development potential of the Property includes a mixture of retail, office
and general commercial development as well as low and medium density residential
development.
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Of the approximately 625 acre total area, it is estimated that around 350 acres will be
developed as low and medium density residential. Based on City of Edgewater
development standards, the anticipated development density of this area would be
approximately 3,000 residential units.
The remaining 275 acres is projected to be developed as a combination of retail, office
and general commercial uses. This area would also be subject to City of Edgewater
development standards, and it is estimated that approximately 350,000 square feet of
commercial space could be built, depending on the specific zo~g classifications
assigned.
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SERVICE AVAILABILITY
Utility Service Availability
Potable Water Supply
The City of Edgewater will provide potable water service to the Property. The
City's Alan R. Thomas water plant is located approximately 8 miles northwest of
the Property. This water plant supplies water to the City of Edgewater and to
residential and commercial developments in parts of surrounding V olusia County.
The Thomas water plant currently produces approximately 2. I mgd of potable
water, and the plant's operating permit allows for the production of up to 5.0 mgd.
The City is presently working with the St Johns River Water Management District
to increase its water supply by the addition of new wells, and the City is also
planning for expansion of the water plant's treatment. capacity as demand
mcreases.
The City has an existing 12" water main running south along the east side of US 1
to the Property. A second 12" water main is being constructed on the west side of
US 1 north of the Property concurrent with development. As development takes
place on the Property, the internal water system will be supplied by both of these
water mains.
Wastewater Treatment
Wastewater treatment service will be provided at the Volusia County wastewater
treatment plant located on Beacon Light Rd in Oak Hill.
The County's wastewater treatment plant is located approximately four miles
southwest of the Property. Under the terms of an existing interlocal agreement
between V olusia County and the City of Edgewater, this wastewater treatment
plant provides service to certain City of Edgewater customers as well as County
customers, and will provide wastewater treatment service for residential and
commercial development on the Property. The plant has sufficient capacity to
handle the wastewater flow from the Property and can be expanded as necessary
to accommodate additional future flows.
Any sanitary sewer collection system components required to service new
development on the Property will be built at the developer's expense, as will any
necessary sewage lift stations and force mains required to transport the sewage to
the county's wastewater treatment plant.
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Other Municipal Service Availability
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Fire Protection
The City of Edgewater will provide fire protection service to the Property. The
City's main fire station is located approximately five miles north of the Property
on US Highway 1..
Police Protection
The City of Edgewater will provide police protection to the Property. The City's
police station is located approximately six miles north of the Property on East
Park Avenue. Regular police patrols will pass by and through the Property.
Solid Waste Collection
The City of Edgewater will provide solid waste collection service to the
residential portions of the Property. Solid waste collection from the commercial
areas will be handled by private solid waste collection companies.
Stormwater Management
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The Property lies within the St. Johns River Water Management District and all
development activity on the Property will be subject to the District's stormwater
management criteria as well as stormwater management requirements of the City
of Edgewater. Detailed soil surveys and wetland determinations will be required
during the preliminary plan preparation for any proposed development. Prior to
any construction, developers will be required to obtain permits from the City and
from the District for any activities related to stormwater management or wetland
impacts. .
Transportation System Availability
US 1 (State Road 5)
The primary transportation route to and from the Property is US 1 also known as
State Road 5, a four-lane divided arterial. US 1 is owned and maintained by the
Florida Department of Transportation. FDOT considers US 1 to be operating at
level of service A from the Brevard County line north to Voleo Road, and level of 0
service B from Volco Road north to SR 442.
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Conclusion
As required by Chapter 171 Florida Statutes, the Property is contiguous to the existing
corporate limit of the City of Edgewater, is reasonably compact and the proposed
annexation would create no ".. . enclaves, pockets or fmger areas in serpentine patterns."
The City of Edgewater has the ability to adequately provide water and wastewater service
to the Property, and can adequately provide all other necessary municipal services to the
Property .
The Property meets the requirements of Chapter 171 Florida Statutes relating to voluntary
annexation into the corporate limit of the City of Edgewater.
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AGENDA REQUEST
Date: May 4. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE May 16. 2005
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BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
15t Reading - Ordinance No. 2005-0-20
Daniel and Christine Hennan requesting an amendment
to the Comprehensive Plan Future Land Use Map to
include property located west of US Highway 1 and
south of Jones Fish Camp Road as Commercial with
Conservation Overlay.
APPLICANT/AGENT: Daniel and Christine Hennan
OWNER(S): Daniel and Christine Hennan
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as
Commercial with Conservation Overlay.
PROPOSED USE: There are no proposed changes or improvements to the property at this time.
LOCATION: West of US Highway 1, south ofJones Fish Camp Road (PID # 8424-00-00-003A)
AREA: 3.65:l: acres
U CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Commercial
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ZONING DISTRICT: V olusia County - B-2 (Neighborhood Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA
Current Land Use
North Vacant
FLUM Desi nation
Volusia County - Commercial
East
Vacant/Manufacturing
Facili
Vacant
Volusia County - Urban Medium
Intensi
Volusia County- Urban Low
Intensi
V olusia County - Urban Low
Intensity
South
West
Vacant
Background:
This parcel ofland is located west of US Highway 1. There are no proposed development plans at this time.
This request was before the Planning and Zoning Board on May 11, 2005 for recommendation to City Council.
Land Use Compatibility:
The proposed commercial designation of this property is compatible with properties located along US Highway 1.
cpa-0414 - HERMAN
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Adequate Public Facilities:
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The City
of Edgewater has verified that potable water is available along U.S. I and that sufficient water capacity exists for this
project.
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This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via a force main. County staff has indicated that there is adequate wastewater treatment and
disposal capacity for this project.
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A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment:
There are no known environmental issues associated with this site.
Consistency with Comprehensive Plan:
The proposed Commercial designation is consistent with the Goals, Objectives and Policies of the Future Land Use
Element. Policy 1.5.3 states in part: "... Smaller commercial retail uses (including convenience stores) shall be located
along arterial or major collector roads, but must be integrated in terms of traffic flow with adjacent development and
buffered from single family uses." The Commercial Future Land Use is dominant along US Highway 1.
V olusia County - Commercial (C) - This category accommodates the full range of sales and service activities. These uses
may occur in self-contained centers, high-rise structures, campus parks, municipal central business districts, or along
arterial highways. In reviewing zoning requests or site plans, the specific intensity and range of uses, and design will
depend on locational factors, particularly compatibility with adjacent uses, availability of highway capacity, ease of
access and availability of other public services and facilities. Uses should be located to protect adjacent residential use
from such impacts as noise or traffic. In wellfield protection areas uses are prohibited that involve the use, handling,
storage, generation or disposal of hazardous or toxic material or waste or petroleum products.
Commercial development in newly developing areas is designated in nodes at major thoroughfare intersections. Primarily
new development should be designed to utilize the shopping center concept and not designed to encourage strip style
commercial development. The various types of shopping centers are described in Chapter 20, Defmitions under Shopping
Centers.
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However, the Plan recognizes existing strip commercial development along many arterial roadways may remain. These
areas are identified on the Future Land Use Map and if the designation is shown on only one side of a roadway, this
specifically provides that particular side is intended for commercial use and is not to suggest that the opposite side is also
included. The lateral boundary ofthe strip indicates the extent to which business uses may be allowed to expand along the
roadway frontage. The depth of the strip is more generalized. In application the depth should be limited to the current
zoning map. However, zoning map amendments may be necessary only for the specific parcel that fronts the highway
presently containing the commercial zoning designation to ensure compatibility with buffering of adjacent residential
uses, or planned transitions between adjacent commercial and residential uses in keeping with the Plan's policies.
Such depth adjustments will not require a Comprehensive Plan amendment. Intervening areas between commercial strips
along a highway may be used only for the uses permitted in the designated land use category. Future lateral extension of
the strip commercial beyond that shown on the Plan Map will require a Plan amendment.
All commercial development must be consistent with the Comprehensive Plan and current land development regulations.
This applies to all commercial development no matter what Future Land Use designation it has been assigned.
Existing commercial uses not indicated on the Future Land Use Map may be consistent with the Plan if they comply with
Number 16 of the Interpretation Section.
City of Edge water- Commercial- The commercial land use category consists ofa 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.
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cpa-0414 - HERMAN
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The majority of commercial development within the City of Edge water is located along US I in a strip pattern. The area
contains restaurants, convenience goods stores and neighborhood centers. Another corridor of commercial development
which has emerged is adjacent to the FEC Railroad within the Florida Shores Subdivision.
In 2000, there were 210 acres of commercially developed lands in the City. These developed lands represent only three
percent of the total acreage in Edgewater and 3.7% percent of all developed lands.
City of Edge water - Conservation Overlay - The Conservation Overlay area shown on the Future Land Use Map (FLUM)
is intended to protect areas that may potentially contain protected wildlife habitat areas, hydric soils/wetlands, mangrove
swamps, estuarine marsh ecotone, freshwater marshes, special vegetative communities. Included within the Conservation
Overlay definition are areas within a public water well radius of 500 feet, within the 1 OO-year floodplain, and other areas
subject to environmental or topographic constraints. The area designated as Conservation Overlay on the FLUM is not
intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review
process to determine whether development should be permitted or ifsome form of mitigation may be necessary. If the
areas are determined not to be sensitive, than the underlying land use development density and/or intensity will be
applicable.
Other Matters:
A Zoning Map amendment shall occur at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-20, amending the Comprehensive Plan Future Land Use Map to
include 3.65:1: acres of land located west of US Highway 1 and south of Jones Fish Camp Road as Commercial with
Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-20.
PREVIOUS AGENDA ITEM:
YES
NO
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DATE:
AGENDA ITEM NO.
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Robin Matusick
Paralegal
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Kenneth R. Hooper \ ~ ~
City Manager \u
cpa-0414 - HERMAN
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ORDINANCE NO. 2005-0-20
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 WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
WEST OF U. S. HIGHWAY #1 AND SOUTH OF CLINTON
CEMETERY ROAD, 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.
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Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
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1. Daniel 1. And Christine M. Herman are the applicants/owners of certain real property
located west ofU. S. Highway#1 and south of Clinton Cemetery Road, Edgewater, Florida. Subject
property contains approximately 3.65 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 with Conservation Overlay for the property described herein.
3. On May 11, 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
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to , recommended that the City Council approve the request.
4.
In a letter dated May 10,2005, 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 May 16,2005, 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 June 6, 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 26, 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 with Conservation Overlay for property described in
the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit
"B" (which are attached hereto and incorporated herein).
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
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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 low density residential.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner is hereby authorized and directed to amend the Future Land Use Map of
the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the
Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163 .3187( 1)( c )2, Florida Statutes (2002), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART F.
SEVERABILITY AND APPLICABILITY.
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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.
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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 16, 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
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AYE
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NAY
PASSED AND DULY ADOPTED this 6th day of June, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to fonn and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2005-0-20
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CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
June, 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 parcel of land being a portion of Government Lot 2, Section 24, Township 18 South, Range 34
East, lying Westerly of and adjacent to U. S. Highway No. I and being more particularly described
as follows: Commence at the Northwest corner of said Section 24; thence South 00034'36" East,
along the Westerly line of said Section 24, a distance of 1,400 feet; thence North 86018'56" East,
a distance of 4,408.69 feet to the Westerly right of way line of said U. S. Highway No. I; thence
South 22055'51" East along the said Westerly right of way line, a distance of898.64 feet to the Point.
of Beginning of the herein described parcel; thence continue South 22055'51" East along the said
Westerly right of way line ofU. S. Highway No. I a distance of534.94 feet; thence South 87053'15"
West a distance of318.25 feet; thence North 22055'5 I "West, a distance of534.94 feet; thence North
87053'15" East a distance of318.25 feet to the Point of Beginning. Subject to a 60 foot road and
utility easement per Official Records Book 2067, Page 1766, Public Records of V olusia County,
Florida.
U Containing 3.65 :i: acres more or less.
Subject to easements, restrictions, reservations and rights of way of record, if any.
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AGENDA REQUEST
U PUBLIC
HEARING
Date: May 6. 2005
RESOLUTION
ORDINANCES
BOARD
APPOINTMENT May 16. 2005 CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
Request for appointment to the Economic Development Board to fill one (2) vacant positions and one (1)
expiring term.
BACKGROUND:
Ms. Kathy Leonard resigned from the Economic Development Board effective February 1,2005. Her term
was due to expire on July 15,2005. Ms. Nora Aly resigned form the Board effective March 1,2005. Her
term was due to expire on July 21,2006. Mr. Eric Caplan's current term on the Board is due to expire on June
24,2005.
STAFF RECOMMENDATION:
At their regular meeting held on May 4,2005, the Economic Development Board voted unanimously to send
the following recommendations to City Council: 1) To appoint Mr. Daniel J. Young to fill the vacancy on the
created by Ms. Leonard's resignation, with the term due to expire on July 15,2008; 2) To appoint Mr. Hugh
f '\ Sheean to fill the vacancy created by Ms. Aly's resignation with the term due to expire on July 21 , 2006; and
,-,3) To reappoint Mr. Eric Caplan to another three (3) year term due to expire on June 24, 2008.
ACTION REQUESTED:
Motion: 1) To appoint Mr. Daniel J. Young to fill the vacancy on the created by Ms. Leonard's resignation,
with the term due to expire on July 15,2008; 2) To appoint Mr. Hugh Sheean to fill the vacancy created by
Ms. Aly's resignation with the term due to expire on July 21,2006; and 3) To reappoint Mr. Eric Caplan to
another three (3) year term due to expire on June 24, 2008.
FUNDS AVAILABLE:
ACCOUNT NUMBER:
N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED): N/ A
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~tor
'--'Economic Development Board
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55Fairway Circle
New Smyrna Beach, FL 32168
February 1,2005
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Dear Bob:
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Mr. Robert Lott, Chair
Economic Development Board
City of Edge water
Edgewater, FL
It is with deep regret that I tender my letter of resignation from the Edgewater Economic
Development Board effective immediately.
It has been an honor to serve on this Board and to contribute in a small way to the vitality
of the City of Edgewater. I believe that the developed Program of Work will benefit
Edgewater and the entire Southeast V olusia area.
I wish you and my other fellow Board members best wishes and much success in
completing this exciting work and further developing the economic -base of Edgewater.
Thank you for the opportunity to serve.
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Sincerely,
'K~~
Kathy Leonard
'...c: Ken Hooper, City Manager
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March 1, 2005
The City of Edgewater
Mayor and City Council
Economic Development Board
Nora Aly
1716 South Riverside Drive
Edgewater F132132
(386) 427-5032
03-01-05P12:02 RCVD
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To my fellow board members, Mayor and City Council,
It has been a pleasure serving on the Economic Development Board for the past several
years. With regret, I am resigning from the board. I appreciate the dedication and
professionalism of the past and present board members, as well as, Ken Hooper, Liz, Pat
and City Council.
I suggest the Board put forth a consecutive 3 term limit to its board members in order to
, encourage new ideas.
Thank you for the opportunity to serve you.
Sincerely,
Nora Aly
.
Liz McBride
\.
From:
Sent:
To:
Subject:
Pat Drosten [pdrosten@cityofedgewater.org]
Thursday, May 05, 2005 9:53 AM
Liz McBride
FW: EDB term renewal
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winmail.dat
Pat Drosten
Planning Technician
-----Original Message-----
From: ecaplan@whaler.com [mailto:ecaplan@whaler.com]
Sent: Monday, April 18, 2005 2:55 PM
To: pdrosten@cityofedgewater.org
Subject: Re: EDB term renewal
Pat,
My current
to expire.
Please let
email.
term as a member of the Edgewater Development Board (EDB) is due
I am interested in continuing my participation on. this board.
me know if you need any additional notification other than this
Eric W. Caplan - President
Brunswick Commercial & Government Products, Inc.
420 Megan Z Avenue
Edgewater, FL 32132
386 423-2901
ecaplan@whaler.com
o
THE INFORMATION CONTAINED IN THIS E-MAIL MESSAGE IS CONFIDENTIAL INFORMATION
FOR THE USE OF THE INTENDED RECIPIENT, AND MAY BE SUBJECT TO THE
ATTORNEY/CLIENT PRIVILEGE. IF THE READER OF THIS MESSAGE IS NOT THE.
INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION OR COPYING
OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS
E-MAIL MESSAGE IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AT
386-423-2901 AND DELETE THE ORIGINAL MESSAGE.
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AGENDA REQUEST
Date: April 28. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS May 16. 2005
ITEM DESCRIPTION: Dr. David Chess, chiropractor, is requesting acceptance ofa performance
bond for conversion of a residential home to commercial use.
BACKGROUND: On April 6, 2005, Dr. David Chess applied for a City ofEdgewaterOccupationaI
License for a chiropractic office to be located at 930 South Ridgewood Avenue. The site is in the B-
3 (Highway Commercial) zoning district. The building had been previously used as a private
residence and no commercial occupational licenses were ever found to be issued at that address.
The site consists of an existing two-story residence with no paved parking and a driveway access
(curb cut) from South Ridgewood Avenue. In an effort to expedite the opening of his practice, Dr.
Chess has agreed to provide a performance bond in the amount of$32,780 (110% of the estimated
cost of site development including but not limited to permits, site preparation, paving, signage,
landscaping and stormwater maintenance). Dr. Chess will be required to obtain all necessary
variances and site plan approval prior to completion of the site improvements in compliance with all
applicable City, County, State and Federal requirements within six (6) months of issuance of the
occupational license.
STAFF RECOMMENDATION: Staff recommends acceptance ofa performance bond for Dr.
David Chess for a time period not to exceed six (6) months and contingent on completion of the
conditions of the any required variances and site plan requirements.
ACTION REOUESTED: Motion by City Council to accept a performance bond Dr. David Chess
for a time period not to exceed six (6) months and contingent on completion of the conditions of the
any required variances and site plan requirements.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
~~~.ll~l!'k
Robin Matusick \
Paralegal
\~A- ~\\~~
Kenneth R. Hooper - \ "\., T
City Manager , D
council agenda request p&z approval
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PROPOSAL
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Page No.
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Luis C. Geil, CGC # 01~245
2305 So. Ridgewood Ave., Suite "c"
Edgewater, Florida 32141-4231
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API\ .
PROPOSAL SUBMITTED TO:
i i~::"'V{<:;~:-l ;~'~, ~:J{
PHONE: 386-423- 31 00;:.:'r6ATEAPr{i25:'; 2005.
NAME:
STREET,
Dr. David Chess
930 So. R1dgewood Avenue
JOB NAME,
Chiropractor~s Office
STREET,
930 So.
Ridgewood Ave.
I STATE, Florida
CITY,
IDclgewater
Florida
CITY,
Edgewater
STATE,
32132
We hereby submit specifications and estimates for:
v
1.- Permits
2.- Site'preparation, clepring, grading, excavation, fill, etc.
3.- 6" concrete paving vdth curbing.
4.- Driveway connection from US Hwy N01 to the property.
5.- Signs to comply with ADA requirements.
6.- Paved walk way to fro~t porch.
7.- Landscaping.
8.- Underground stormwater exfiltration system.
NOT E S:
A.- Proposal. is based without the benefit of a topographic survey.
~- Proposal is also based upon enclosed preliminexy site plan dated
April 25, 2005 prepared by Geil Development Servi.ces (# 0502)
We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for the sum of:
Twenty-nine-thousand-eight-hundred. . .. dollars {S
To be established.
29,800.00
1 with payment to be made as follows:
All material is guaranteed to be as specified. All work to be completed in a work manlike manner according to standard practices. Any alteration or deviation
from above specifications involving extra costs, will be executed only upon wri1len orders, and will become an extra charge over and above the estimate. All
agreements contingent upon strikes, accidents or delays beyond our control. This proposal subject to acceptance within
lhereafler at the option of the undersigned.
days and is void
Authorized Signature
ACCEPTANCE OF PROPOSAL
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The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Paymenl will be made
as outlined above.
ACCEPTED:
Signature
Date
Signature
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