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05-16-2005 / ...... .."", 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. '-' ....", 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. I:\Iiz _docs\agendas\051605reg .. <;,.A. ~~ AGENDA REQUEST u 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) u CPA-0502 - 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. 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. o 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 Q~~~~\l~~Q~~':)~ ~ r"'~ 0 Robin Matusick \. Kenneth R. Hooper - ~ \ Paralegal City Manager 2 # v \.; v 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 Sa tick tlu otlg,h passages are deleted. Underlined passages are added. 1 " ~ 4. In a letter dated April 18, 2005, the Legal Department notified the owners by mail o 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 o amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water, Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be, and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as 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 Streck tilt otlgh passages are deleted. Underlined passages are added. 2 o ,. u u Q 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 StJ: tlGk tin otl~h passages are deleted. Underlined passages are added. 3 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 StlnGk tll10ngh passages are deleted. Underlined passages are added. 4 " ~ o o o ; u v u 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 Stt tick till ongh passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 16th day of May, 2005 under Agenda Item No. 6_. 5 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. 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 3ft tlck tm otlgh passages are deleted. Underlined passages are added. 6 .. o o o , u ~ . ..I .s III g> Cl ;H "€ Q) II) ~ ~ e <Iz ~ ~ C .Q) '_ -5' . (j ~ ~~I , . u ~~ ,a. I~ 'u G) E ::::I U) -' I I I I -,---j -,-' , \ \ \ \ \ \ \ \ \ .. I i u '-.) u G~_ 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. ) . o 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). o 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 \ , o RZ-0503 - Edgegate 2 ~ J v v v 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. Stll1Gk tin ongh passages are deleted. Underlined passages are added. 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 Shtick thlotl~h passages are deleted. Underlined passages are added. 2005-0-13 2 .... l o o o " ) '-.) Q '-.) 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. StltlGk tluongh passages are deleted. Underlined passages are added. 2005-0-13 3 PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PARTF. EFFECTIVE DATE. This Ordinance shall take place upon adoption. 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 StlnGk t1uongh passages are deleted. Underlined passages are added. 2005-0-13 4 \. I ... o o o .. v u u 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_. 5 ~ .J .s C'll Cl Gl ~ W 'e (I) 11) 9- ~ e <l ~ a:: z 't3 ~ .(1) :E' ..Q' .u 0 ~~I ~ \ ~~ ,0. i~ 'u G) F ~ \. ~ o -' I I I I ",. ",. ",. , " ,-' \ \ \ \ \ \ \ \ \ (: } u u u 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 ') ~ Land Use Compatibility The annexation and proposed use of this parcel is compatible with the surrounding area. o Adequate Public Facilities This site is within the City's water and sewer service area and has direct roadway access to US Highway I. The City of Edgewater has verified that potable water 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 \ \ o AN-0506 - Storch - Miller 2 ,:- ) ORDINANCE NO. 2005-0-14 u 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 "l. .. 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 2 o ~ \ ) u u u 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_. 4 '\ o o o .. - ;) EXHIBIT" A" v 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. u StlUGk tluongh passages are deleted. Underlined passages are added. U 2005-0-14 5 ~ .t: ~ g. ~ -Az :s If en ~-.lts C .Q) ~- ~ (j =:3 . CI) ~~I ,'. , . . . . . . ,-, . . . . . . . . " ..,' s~ ce. ~ " o v o o " , o . ". Q u u 6:-0 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 . . 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 \ ~ o AN-0504 - Carder 2 " I 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 .~ ~ 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 2 o .. , , , <.) u v 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_. 4 .0 " o o o ,~ 1 \ u u u EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. The 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 ... GI 'E l'Cl o ~ ~ CI) e :t:: 0.: E: .-""1 z::J 13 ~ ~"~ "- -g . ~ 1(1) " ;. .. o ~ -' \ \ \ o (>c;Y 0" ~-. . ~'i:.C~ -:J ./ u u u c..~ . 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 ~ ~ 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 o AN-0505 - River Colony 2 .t' ,) I '-.; 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 2 .~ ( o o o .>' I j u u u 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_. 4 0- ~ \. o o o ~~~ j u u u EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. 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. Underlined passages are added. 2005-0-16 5 8' f '0 ~ s- o .-'1z .1: ct ... ~ :::J ts ~ e ~ u. .u 0 ~~I .... ~ o '\J u?~ \ \ \ \ \ \ ,\ " " " " I I I I " ...-' 'l4 p..~ 'l4~,"'{,~G 1'> -11>-:, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ,\ " \ \\ " ..' " " " .. " I I .,,~ ,,1 , I I I I I I I_- I I I I ~ ~ . 'f u u u ".s. 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 2 !" 'f Q Q u 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. '. , to , recommended that the City Council approve the request. o 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. Underlined passages are added. 2 o J> 7 u v u 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 4 NAY '. ~ o o o I" u u u 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 ". EXHIBIT "A" o 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 Struck throtlgh passages are deleted. Underlined passages are added. 6 o u u . . . . -- . '. . . . . . ---- .-- ~ ... __ -1 . J .. -- -- -- ---- ---- -- -- -"\\ *' \ --)\ \-- \ \ \ \ \ \ \ \ \ \ \ --\ \ \ \ \ \ \ \ \ " ---' \ \ \ \ \ \ \ u ---- ---- --*' ---- --*' ---- ~s ~')\~ , , , ~r <,.., (:j~u.\v..tJt. ~" tJt. I~ en. :u t ~ i" ~ i zI:> ~ "lJ CIj 0' $ a ~ ~ (,-. t 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 o AN-050 1 - Riverclub 2 ~ 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 StltlGk till ongh passages are deleted. 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 2 o o o u '-> u 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_. 4 o o o o u u EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. 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 Stl tick tIll ongh passages are deleted. Underlined passages are added. 2005-0-19 5 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. o Stll1Gk till ol1gh passages are deleted. Underlined passages are added. 2005-0-19 6 o '-.) € Q) CI) g. .a ,..... if- :I E ..... 1! <1z ::J 13 Gl> ~ .~ .- -g i2 l) CI) . ~~I v South US 1 Annexation Reoort o 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. o 1 u \.) u 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. 2 PROPOSED CONDITIONS o 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. o 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. o 3 u u u 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. 4 Other Municipal Service Availability o 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 o 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. 5 v u u 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. 6 . ') u " .l-\. AGENDA REQUEST Date: May 4. 2005 PUBLIC HEARING RESOLUTION ORDINANCE May 16. 2005 x 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 u 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 . 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. " 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. 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: 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. o 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. o cpa-0414 - HERMAN 2 . ( u u Q 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 x DATE: AGENDA ITEM NO. ~JJD~\ Robin Matusick Paralegal ~&Q \\o~~, Kenneth R. Hooper \ ~ ~ City Manager \u cpa-0414 - HERMAN 3 . ~ 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. o Whereas, the City Council of the City of Edgewater, Florida, has made the following determinations: o 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 2005-0-20 Stt tick tIll ough passages are deleted. Underlined passages are added. o .' .( u u v 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 2005-0-20 Strtlck th10tlgh passages are deleted. Underlined passages are added. 2 .. Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which addresses o 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. o If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. 2005-0-20 Stll1ck till ol1gh passages are deleted. Underlined passages are added. 3 o " u u u 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 2005-0-20 311 tlck tIn otlgh passages are deleted. Underlined passages are added. AYE 4 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 Stl tick tm otlgh passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 6th day of June, 2005 under Agenda Item No.6 5 \ .. o o o -t u 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. u 2005-0-20 Stt tick tIn ongh passages are deleted. Underlined passages are added. 6 c ns 5 <lz ::J: ~ ~ g. ~ ~ p .~ <3 - . OJ ~~I \ o o ~ \ \ \ \ \ \ \ \ " , \' "" " " " ~ ir o r 1.A. .~ 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 ~'J~';"'~~ '-^-""~-.:.~ G.t"J~?..~ . , \ \ Gw:::'::~~u:,:~~,"::\\L ~~~~) '\ ~ 55Fairway Circle New Smyrna Beach, FL 32168 February 1,2005 o Dear Bob: J:1~c 1'[8 ~/V~,^ (J 1 tV C/.,.y l(J(JJ tf.14",- '.4G~J:1 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. o Sincerely, 'K~~ Kathy Leonard '...c: Ken Hooper, City Manager o l' l '-.) u u 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 I1~C ~/V tff4/( () ~ /) CI.,.." 11t7t7S ~~I\t. '.</GS'11 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 o I!!I 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. o (;,~ u o <..> C\.A. " 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 u 4 ~ CI) g- In ~ Q: In <lZ .~ t5 Q) .....J .c e .Q) (J is () ~ . ~~I ,- ,-'- ,-'- ,-'- ,- ,-,-,-'- ,- ,-,-'- ,- ,-,-'- ,-,-,-,-'- ,- ,-'- ,-'- ~ u ~ '-> PROPOSAL ., ..... Page No. i of one Pages u Luis C. Geil, CGC # 01~245 2305 So. Ridgewood Ave., Suite "c" Edgewater, Florida 32141-4231 ''!"'tj ~ ' ti 2.' l005 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 o 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 . , . :> ~ "- ~ 3- ~ ~ ~ \Q " -~ ~ cO ~ ~ .-... ~~ ~- ..... ~~ a c cO ~~ ~ ~ ~~ h-tj . 8~ ~ .. If') r--.:. ~ ~ ~~ ~ h , ~ '0 ~ c lj ~ - I~ ~ 1:< ~ l'q a I~ ~ I ~~ ~() ~< ~ .r ~ ,~.~. :;:- .',' \ <::::l t ':' ~ ":'" 0\ ','. ~ :.;.-: \ o . _ ~ '0 .": ~"'l~ I"v\ ' . 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