08-01-2005
Voting Order
Councilman Brown
Councilman Vincenzi
CouncilwomanRlwdes
Councilwoman Lichter
Mayor Schmidt
AGENDA
CITY COUNCIL OF EDGEW ATER
REGULAR MEETING
August 1, 2005
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROV AL OF MINUTES
None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TIONS.
None at this time.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Please
state your name and address, and please limit your comments to five minutes or less.
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
Annexations:
A. 2nd Reading, Ord. No. 2005-0-41, Marcia Barnett requesting annexation of
1.67::!:: acres ofland located south of351h Street - cont. from 7/18/05, item 61.
Rezonings:
B. 2nd Reading, Ord. No. 2005-0-35, Marcia Barnett requesting an amendment
to the Official Zoning Map to include 9.91::!:: acres ofland located south of
35th Street, east of Travelers Palm Drive and west of Needle Palm Drive as
R-3 (Single Family Residential) - cont. from 7/18/05, item 6K.
C. 2nd Reading, Ord. No. 2005-0-37, David Lind requesting an amendment to
the Official Zoning Map to include 4. I::!:: acres ofland located at the northeast
corner of US 1 and Jones Fish Camp Road as B-3 (Highway Commercial)-
cont. from 7/18/05, item 6L.
D. 2nd Reading, Ord. No. 2005-0-39, John and Patricia Hickey requesting an
amendment to the Official Zoning Map to include 4.7::!:: acres ofland located
at the northwest corner of US 1 and Clinton Cemetery Road as B-3 (Highway
Commercial) - cont. from 7/18/05, item 6M.
E. 1 sl Reading, Ord. No. 2005-0-43, Marcia Barnett requesting an amendment
to the Official Zoning Map to include 1.67::!:: acres of land located south of
35th Street as R-3 (Single Family Residential) - cont. from 7/18/05, item 6N.
City Council Agenda
August 1, 2005
Page -2-
6. Public Hearings, Ordinances and Resolutions Cont.
Small Scale Comprehensive Plan Amendments:
F. 2nd Reading, Ord. No. 2005-0-17, River Colony Inc. requesting an
amendment to the Comprehensive Plan Future Land Use Map to include
4.22::!:: acres ofland located north of Jones Fish Camp Road and west of the
Indian River - cont. from 7/18/05, item 60.
G. 2nd Reading, Ord. No. 2005-0-34, Marcia Barnett requesting an amendment
to the Comprehensive Plan Future Land Use Map to include 9.91::!:: acres of
land located south of 35th Street, east of Travelers Palm Drive and west of
Needle Palm Drive as Low Density Residential with Conservation Overlay -
cont. from 7/18/05, item 6P.
H. 1 st Reading, Ord. No. 2005-0-42, Marcia Barnett requesting an amendment
of the Comprehensive Plan Future Land Use Map to include 1.67::!:: acres of
land located south of 35th Street as Low Density Residential - cont. from
7/18/05, item 6S.
1. Res. No. 2005-R-11, adoption of Phase II, the Boat Facility Siting component
of the Manatee Protection Plan (MPP).
7. BOARD APPOINTMENTS
A. Police Pension Board - affirming Police Department's election of Gary
Conroy and Dan Blazi to fill vacated seats.
8. CONSENT AGENDA - None at this time.
9. OTHER BUSINESS
A. Jim Rives, agent for Barbara McLaren, Trustee, requesting a lien reduction
from Code Enforcement Case #2004-CE-6067 and #2005-CE-2059 totaling
$10,074.
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 August 15, 2005, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, August 8, 2005.
Pursuant to Chapter 286, F.8., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that
a verbatim record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone ,
number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay
operator at 1-800-955-8771. I:\liz_docs\agendas\080I05reg
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6.A.
AGENDA REQUEST
Date: Julv 22. 2005
PUBLIC
HEARING
ORDINANCE August 1. 2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-41
Marcia E. Barnett requesting annexation of 1.51::l::
acres ofland located south of 35th Street and Pine
Tree Drive.
OWNER: Steven & Jeffrey Krischer
APPLICANT/AGENT: Marcia Barnett
REQUESTED ACTION: Annexation
PROPOSED USE: Single-family residential.
LOCATION: South of 35th Street and Pine Tree Drive
AREA: 1.51::l:: Acres
CURRENT LAND USE: Vacant /Single Family Residence
FLUM DESIGNATION: Volusia County - Rural
ZONING DISTRICT: Volusia County A-2 (Rural Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desi~nation Zonin~ District
North Vacant Volusia County - Rural Volusia County - A-2 (Rural
Agriculture)
East Vacant Low Density Residential with R-2 (Single-Family Residential)
Conservation Overlav
South Vacant V olusia County - Rural Volusia County - A-2 (Rural
Agriculture)
West Vacant V olusia County - Rural V olusia County - A-2 (Rural
Agriculture)
Background
These parcels are located within the undeveloped Washington Park Subdivision. Portions of this subdivision
were annexed into the City in November 2001. The developer is proposil).g a single-family home development
comparable to the existing usage in Florida Shores on this property.
AN-0511 - Barnett
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The Planning and Zoning Board voted to send a favorable recommendation to City Council for the annexation
at their regular meeting of July 13,2005.
City Council voted to approve the annexation at first reading on July 18,2005.
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Land Use Compatibility
The proposed single family residential use is compatible with the properties to the north, which is the southern
portion of Florida Shores subdivision; the properties to the south, west and east are vacant.
Adequate Public Facilities: Currently this site does not have access to any established roadway. Prior to
construction, all on-site infrastructure will be required to be installed, including but not limited to street,
sidewalks, water service, and sewer service. The proposed development shall be in compliance with
concurrency standards prior to on-site construction.
Natural Environment: The vegetation consists of pine flatwoods, live oak, and wetlands.
Comprehensive Plan Consistency
This amendment is consistent with several policies within the Comprehensive Plan Future Land Use Element
including Policy 1.1.1, which states that "In order to reduce land use conflicts and for efficient public service
provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible."
Policy 1.1.2 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."
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION 0
Staff recommends approving Ordinance No. 2005-0-41, annexing 1.51:l: acres of land located south of
351h Street and Pine Tree Drive.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-41.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: Julv 18, 2005
AGENDA ITEM NO. 61
Darren Lear
Development Services Director
~r>Ll~\
Robin Matusick
Paralegal
'l.~&~\\oo:)~" f-
Kenneth R. Hooper \ '\
City Manager
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AN"0511 - Barnett
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ORDINANCE NO. 2005-0-41
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AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED SOUTH OF 35TH STREET AND PINE TREE
DRIVE, 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
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. Marcia E. Barnett, agent and applicant for Steven and Jeffrey Krischer, owners of
U property located South of 35th Street and Pine Tree Drive, within Volusia County, Florida. Subject
property contains approximately 1.51 .:!: 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 July 13, 2005, the Board
Shuck tluough passages are deleted.
Underlined passages are added.
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2005-0-41
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recommended by a vote of 6 to 0 that the ptoperty be annexed into the City of Edgewater.
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NOW, THEREFORE, BE IT EN1CTED by the People ofthe City of Edge water, Florida:
PART A.
ANNEXATION OE CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEWA TER, FLORIDA.
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I. Pursuant to Section 171.044~ Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of 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 2.0 I 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
Volusia County Clerk of the Circuit Court, the Volusia County Property Appraiser, the Volusia
County Manager, the Mapping Division of the V olusia County Growth Management Department,
and the Department of State.
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.
StItlck till ol1~h passages are deleted.
Underlined passages are added.
2005-0-41
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PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall no(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 Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on July 18, 2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
ABSENT
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
Struck .tlll otlgh passages are deleted.
Underlined passages are added.
2005-0-41
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on August 1, 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 1st day of August, 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
Shock tluoogh passages are deleted.
Underlined passages are added.
2005-0-41
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 1 st day of
August, 2005 under Agenda Item No.6.
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EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Lots 1 through 10, Block 10 Inclusive, Washington Park Subdivision, Unit 6 (also known as "Part
VI" or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73 of the Public
Records of V olusia County, Florida.
Containing 1.5! ::!:: acres more or less.
Together with the adjoining right-of-ways for Palm A venue, Bay Street, Miami Avenue and Oak
Street.
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Underlined passages are added.
2005-0-41
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AGENDA REQUEST
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Date: Julv 22, 2005
PUBLIC
HEARING
~.~,
x
RESOLUTION ORDINANCE August 1. 2005
BOARD
APPOINTMENT
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-35
OTHER
BUSINESS
Marcia E. Barnett requesting an amendment to the
Official Zoning Map to include 9.91:l:: acres of land
located south of 35th Street, east of Travelers Palm
Drive and west of Needle Palm Drive as R-3 (Single-
Family Residential).
OWNER: Tony and Hope Pawlak
APPLICANT/AGENT: Marcia Barnett
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-3 (Single-Family
Residential).
PROPOSED USE: Single-family residential.
LOCATION: South of 35th Street, east of Travelers Palm Drive and west of Needle Palm Drive
AREA: 9.91:1: Acres
U CURRENT LAND USE: Vacant/Single Family Residence
FLUM DESIGNATION: Volusia County- Rural
ZONING DISTRICT: Volusia County A-2 (Rural Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
North
Current Land Use
Single-Family
Residential and Vacant
FLUM Desi nation
Low Density Residential with
Conservation Overlay and Volusia
Coun - Rural
Low Density Residential with
Conservation Overlay and V olusia
Coun - Rural
Low Density Residential with
Conservation Overlay and Volusia
Coun - Rural
Low Density Residential with
Conservation Overlay and Volusia
Coun - Rural
East
Vacant
South
Vacant
West
Vacant
Zonin District
R-2 (Single-Family Residential), and
Volusia County A-2 (Rural
A riculture
R-2 (Single-Family Residential) and
Volusia County A-2 (Rural
A riculture
R-2 Single-Family Residential) and
Volusia County - A-2 (Rural
A riculture
R-2 (Single-Family Residential) and
Volusia County A-2 (Rural
A riculture
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Background
These parcels are located within the Washington Park subdivision. Portions of this subdivision were annexed into the
City in November 200 1. The developer is proposing a single- family home development comparable to the existing usage
in Florida Shores on this property.
RZ-0512. Bamett-Pawlak(2)
The Planning and Zoning Board voted to send a favorable recommendation to City Council at their June 8, 2005 meeting.
City Council voted to approve the Zoning Map amendment at first reading on June 20,2005.
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Land Use Compatibility
The proposed single-family residential use is compatible with the properties to the north, which is the southern portion of
Florida Shores subdivision; the properties to the south, west and east are vacant.
Adequate Public Facilities: Portions of this property have access to 35th Street. The proposed development shall
be in compliance with infrastructure concurrency standards prior to on-site construction.
Natural Environment: The vegetation consists of pine flatwoods, sand live oak, mixed range land and wet prairie. Any
proposed development shall require approval of an environmental assessment.
Comprehensive Plan Consistency
Policy 1.1.3 of the Comprehensive Plan Future Land Use Element states "Zoning Districts. The City shall maintain
an adopted zoning matrix which shall establish zoning districts that correspond to specific land use categories. The
matrix shall further defme allowable densities and intensities in each zoning district." The proposed zoning
designation corresponds with the proposed Future Land Use designation for this property.
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-35, amending the Official Zoning Map to include 9.91:l: acres
ofland located south of 35th Street, east of Travelers Palm Drive and west of Needle Palm Drive as R-3 (Single-
Family Residential).
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-35.
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PREVIOUS AGENDA ITEM:
YES
x
NO
6H
6K
6-20-05
7-18-05
AGENDA ITEM NO.
DATE:
By:
~ch~-(~CJ<)
Robin Matusick
Paralegal
,'--..~& ~.\~\Y^-- ~\1-
Kenneth R. Hooper \
City Manager
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RZ-0512 - Bamett-Pawlak(2}
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ORDINANCE NO. 2005-0-35
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICULTURE) TO CITY R-3 (SINGLE FAMILY
RESIDENTIAL) FOR PROPERTY LOCATED SOUTH OF 35TH
STREET, QUEEN PALM DRIVE, EAST OF TRAVELERS
PALM DRIVE AND WEST OF NEEDLE PALM DRIVE,
EDGEW A TER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Marcia E. Barnett, agent and applicant for Hope and Tony Pawlak, owners of property
located South of 35th Street, Queen Palm Drive, East of Travelers Palm Drive and West of Needle
Palm Drive, within V olusia County, Florida. Subject property contains approximately 9.91 :!: acres.
2. The owners/applicants have submitted an application for a change in zoning
classification from County A-2 (Rural Agriculture) to City R-3 (Single Family Residential) for the
property described herein.
3. On June 8, 2005, the Local Planning Agency (Planning and Zoning Board) considered
the application for change in zoning classification and by a vote of 7 - 0, the Board recommended
that City Council consider approval of the request.
4. On June 20, 2005, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Daytona Beach
News Journal on June 9, 2005.
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Underlined passages are added.
2005-0-35
5. On July 18, 2005, the City Council held a public hearing on the application after
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publishing notice of such hearing in the Daytona' Beach News Journal on July 7, 2005, and notifying
by mail all property owners who own real property directly affected by the proposed action and all
property owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10.
The proposed change in zoning classification will not have an adverse effect on the
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natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from
County A-2 (Rural Agriculture) to City R-3 (Single Family Residential):
The following described real property all lying and being in the County of V olusia
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2005-0-35
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and State of Florida:
PARCEL #8414-04-02-0010:
Lots 1 through 15 Inclusive, Block 2, Washington Park Subdivision, Unit 6 (also
known as "Part VI" or "Part 6"), according to the Plat thereof as recorded in Map
Book 11, Page 73, of the Public Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Miami A venue, Grove Street, Ridge
A venue and Park Street.
PARCEL #8414-04-05-0010:
Lots 1 through 19 Inclusive, Block 5, Washington Park Subdivision, Unit 6 (also
known as "Part VI"or "Part 6"), according to the Plat thereof as recorded in Map
Book 11, Page 73, of the Public Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Grove Street, Miami A venue, Maple
Street and Ridge A venue.
PARCEL #8414-04-11-0010:
Lots 1 through 27 Inclusive, Block 11 , Washington Park Subdivision, Unit 6 (also
known as "Part VI" or "Part 6"), according to the Plat thereof as recorded in Map
Book 11, Page 73, of the Public Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Bay Street, Miami A venue, Oak Street
and Ridge A venue.
Containing 9.91 :!: 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 .
StI llck tIll oll~h passages are deleted.
Underlined passages are added.
2005-0-35
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PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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Underlined passages are added.
2005-0-35
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PART G.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on June 20, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
The second reading/public hearing of this ordinance held during the July 18, 2005 City
Council meeting was continued until the August 1, 2005 City Council meeting.
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
Struck t1uotlgl. passages are deleted.
Underlined passages are added.
2005-0-35
5
PASSED AND DULY ADOPTED this 1st day of August, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stltlck tlllongh passages are deleted.
Underlined passages are added.
2005-0-35
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 1 st day of
August, 2005 under Agenda Item No. 6_.
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AGENDA REQUEST
Date: Julv 22. 2005
PUBLIC
HEARING ~
ORDINANCE August 1. 2005
RESOLUTION
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-37
David O. Lind requesting an amendment to the
Official Zoning Map to include 4.l:l: acres of land
located at the northeast comer of US Highway I
and Jones Fish Camp Road as B-3 (Highway
Commercial).
OWNER: David Lind
APPLICANT/AGENT: David Lind
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway
Commercial).
PROPOSED USE: There are no proposed development plans for the property at this time.
LOCATION: Northeast comer of US Highway I and Jones Fish Camp Road
AREA: 4.l:l: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Medium Intensity
ZONING DISTRICT: Volusia County - B-4W (General Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use
North Vacant
FLUM Desi nation
V olusia County - Industrial
Zonin District
V 0 lusia County - 1-3 W (Waterfront
Industrial
Volusia County - R-4W (Urban
Sin Ie Famil Residential
Volusia County- B-5W (Heavy
Commercial
V olusia County - B-2
(Nei hborhood Commercial
East Vacant and Single-
Famil Residential
South Commercial
V olusia County - Urban
Medium Intensi
V olusia County - Urban
Medium Intensi
V olusia County - Commercial
West Vacant
RZ-0511 - Lind
Background
This parcel is located on the northeast comer of US Highway 1 and Jones Fish Camp Road. The Planning
and Zoning Board on June 8, 2005 voted 6-0 to send a favorable recommendation to City Council for the
annexation of the property. On June 6, 2005 City Council voted 5-0 for approval at first reading of the 0
annexation request.
Land Use Compatibility
The B-3 (Highway Commercial) zoning designation is compatible with the existing and proposed development
with US Highway 1 frontage.
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.
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 associated with this site.
Comprehensive Plan Consistency
The proposed B-3 (Highway Commercial) Zoning Classification is compatible with the proposed Future Land
Use designation of Commercial.
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-37; amending the Official Zoning Map to include
approximately 4.1:l:: acres ofland located at the northeast comer of US Highway 1 and Jones Fish Camp Road
as B-3 (Highway Commercial).
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ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-37.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: June 20, 2005
Julv 18, 2005
AGENDA ITEM NO. 61
6L
Darren Lear
Development Services Director
~-fA.J~~l\
Robin Matusick
Paralegal
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Kenneth R. Hooper . '"\-
City Manager \
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RZ-0511 - Lind
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ORDINANCE NO. 2005-0-37
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4W (GENERAL
COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED AT THE NORTHEAST
CORNER OF U.S. HIGHWAY NO.1 AND JONES FISH CAMP
ROAD, EDGEWATER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEW ATER;
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. David O. Lind, owner and applicant for the David O. Lind Revocable Living Trust
for property located at the Northeast comer of U.S. Highway No.1 and Jones Fish Camp Road,
within V olusia County, Florida. Subject property contains approximately 4.1 :t acres.
2.
The owner/applicant have submitted an application for a change m zonmg
classification from County B-4W (General Commercial) to City B-3 (Highway Commercial) for the
property described herein.
3. On June 8, 2005, the Local Planning Agency (Planning and Zoning Board) considered
the application for change in zoning classification and by a vote of 7 - 0, the Board recommended
that City Council consider approval of the request.
4. On June 20, 2005, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Daytona Beach
News Journal on June 9, 2005.
Stltlck tluongh passages are deleted.
Underlined passages are added.
2005-0-37
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5. On July 18, 2005, the City Council held a public hearing on the application after
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publishing notice of such hearing in the Daytona Beach News Journal on July 7, 2005, and notifying
by mail all property owners who own real property directly affected by the proposed action and all
property owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10.
The proposed change in zoning classification will not have an adverse effect on the
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natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from
County B-4W (General Commercial) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
Stltlck tluough passages are deleted.
Underlined passages are added.
2005-0-37
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and State of Florida:
Parcel # 1 :
The East 100 feet of Lot 3, Plat of Riverfront Estates Unit No.2, according to the
map or plat thereof, as recorded in Map Book 19, page 31, of the Public Records of
Volusia County, Florida.
And
Parcel #2:
Lots 1,2, and 3, except the Easterly 100 feet of Lot 3, Plat of Riverfront Estates Unit
No.2, according to the map or plat thereof, as recorded in Map Book 19, Page 31,
of the Public Records of Vol usia County, Florida.
Containing 4.1 :!: 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
Stlnck t1uongh passages are deleted.
Underlined passages are added.
2005-0-37
3
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the
first reading of this ordinance held on June 20, 2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
The second reading/public hearing of this ordinance held during the July 18, 2005 City
Council meeting was continued until the August I, 2005 City Council meeting.
Stl n~k till on~h passages are deleted.
Underlined passages are added.
2005-0-37
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After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 1st day of August, 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
Strl1ck tllI ol1gl. passages are deleted.
Underlined passages are added.
2005-0-37
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 1 st day of
August, 2005 under Agenda Item No.6.
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AGENDA REQUEST
V Date: July 22, 2005
PUBLIC ~
HEARING RESOLUTION
(.;, -:D.
ORDINANCE August I, 2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-39
John and Patricia Hickey, requesting an
amendment to the Official Zoning Map to include
4.70:l: acres of land located at the northwest comer
of US Highway 1 and Clinton Cemetery Road as
B-3 (Highway Commercial).
OWNER(S): John and Patricia Hickey
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway
Commercial).
PROPOSED USE: There are no proposed development plans for the property.
LOCATION: Northwest comer of US Highway 1 and Clinton Cemetery Road.
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AREA: 4.70:l: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County - Commercial
ZONING DISTRICT: Volusia County - B-2 (Neighborhood Commercial)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desi nation Zonin District
North Vacant V olusia County - Commercial Volusia County - B-4
General Commercial
East Vacant Volusia County - Urban Volusia County -B-4W
Medium Densi General Commercial
South . Vacant V olusia County - Commercial Volusia County - B-2
ei hborhood Commercial
West Commercial Volusia County - Urban Low Volusia County - A-3
Intensi Transitional A riculture
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RZ-0509 - Hickey commercial
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Background
This property and the property adjacent to the west (36:1: total acre.v_were annexed con~mrently in December
2004. The commercia1.portion ofthe property is located along US Highway 1 and north of Clinton Cemetery
Road. This property is currently vacant and staff has not received any proposals for development.
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Land Use Compatibility
The proposed Zoning designation is compatible with properties that have frontage along US Highway 1, which
are primarily commercial.
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. 1 and that sufficient water
capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater
Treatment Plant and is conveyed via a force main. County staff has indicated that there is adequate
wastewater treatment and disposal capacity for this project.
This segment of US Highway 1 currently operates at a LOS "B".
Natural Environment
An environmental impact study must be submitted and approved by the City prior to the development of
this property.
Consistency with Comprehensive Plan
The proposed Zoning designation is compatible with the proposed Future Land Use designation of Commercial
and is consistent with the current Volusia County Future Land Use and Zoning designation.
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Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-39; amending the Official Zoning Map to include
approximately 4.70:1: acres of land located at the northwest comer of US Highway 1 and Clinton Cemetery
Road as B-3 (Highway Commercial).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-39.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: June 20, 2005
Julv 18, 2005
AGENDA ITEM NO. 6K
6M
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Robin Matusick
Paralegal
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Kenneth R. Hooper - \ \ U
City Manager
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RZ-0509 - Hickey commercial
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ORDINANCE NO. 2005-0-39
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-2 (NEIGHBORHOOD
COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED AT THE NORTHWEST
CORNER OF US HIGHWAY NO. 1 AND CLINTON
CEMETERY ROAD, EDGEW A TER, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEW A TER; 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. John and Patricia Hickey are the owners/applicants for property located at the
Northwest comer of US Highway No.1 and Clinton Cemetery Road, within Volusia County,
Florida. Subject property contains approximately 4.70! acres.
2. The owners/applicants have submitted an application for a change in zoning
classification from County B-2 (Neighborhood Commercial) to City B-3 (Highway Commercial) for
the property described herein.
3. On June 8, 2005, the Local Planning Agency (Planning and Zoning Board) considered
the application for change in zoning classification and by a vote of 7 - 0, the Board recommended
that City Council consider approval of the request.
4. On June 20, 2005, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Daytona Beach
News Journal on June 9, 2005.
5. On July 18, 2005, the City Council held a public hearing on the application after
Stlnc,k tlllotl~h passages are deleted.
Underlined passages are added.
2005-0-39
1
publishing notice of such hearing in the Daytona Beach News Journal on July 7, 2005, and notifying
by mail all property owners who own real property directly affected by the proposed action and all 0
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
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surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from
County B-2 (Neighborhood Commercial) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
and State of Florida:
A parcel of land lying in Section 24, Township 18 South, Range 34 East, V olusia
County, Florida, being more particularly described as follows:
Stltlck tluotlgh passages are deleted.
Underlined passages are added.
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2005-0-39
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Commence at the Northwest corner of said Section 24 and run South 00033'52" East
along the West along the West line of said Section 24, a distance of 1,400.00 feet;
thence North 86018'56" East, a distance of 4,094.24 feet; thence South 22055'51 "
East, a distance of 201.03 feet to the POINT OF BEGINNING; thence North
87052'59" East, a distance of318.24 feet to theWesterly Right-of-Way Line of U.S.
Highway Number 1 (a 158 foot wide right-of-way); thence South 22055'51" East
along said Westerly Right-of-Way Line, a distance of 688.39 feet; thence South
87053'15" West, a distance of318.25 feet; thence North 22055'51" West, a distance
of 688.36 feet to the POINT OF BEGINNING.
Containing 4.70 j: acres more or less.
Subject to an Ingress/Egress and Utility Easement over the South 30 feet as described
in Official Records Book 2067, Page 1766 of the Public Records of Vol usia County,
Florida.
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
StlnGk tluough passages are deleted.
Underlined passages are added.
2005-0-39
3
circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
first reading of this ordinance held on June 20,2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
The second reading/public hearing of this ordinance held during the July 18, 2005 City
Council meeting was continued until the August 1, 2005 City Council meeting.
StJ tick till otlgh passages are deleted.
Underlined passages are added.
2005-0-39
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After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 1st day of August, 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
Stll!l~k t1uol1g,h passages are deleted.
Underlined passages are added.
2005-0-39
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 1 st day of
August, 2005 under Agenda Item No. 6_.
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AGENDA REQUEST
Date: Julv 22, 2005
PUBLIC
HEARING
ORDINANCE August I, 2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
1 st Reading - Ordinance No. 2005-0-43
Marcia E. Barnett requesting an amendment to the
Official Zoning Map to include 1.5 H: acres ofland
located south of35th Street and Pine Tree Drive as
R-3 (Single-Family Residential).
OWNER: Steven & Jeffrey Krischer
APPLICANT/AGENT: Marcia Barnett
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-3 (Single-Family
Residential)
PROPOSED USE: Single-family residential.
LOCATION: South of35th Street and Pine Tree Drive
U AREA: 1.51:1: Acres
CURRENT LAND USE: Vacant
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FLUM DESIGNATION: V olusia County - Rural
ZONING DISTRICT: Volusia County A-2 (Rural Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desie:nation Zonin!! District
North Vacant V olusia County - Rural Volusia County - A-2 (Rural
Agriculture)
East Vacant Low Density Residential with R-2 (Single-Family Residential)
Conservation Overlay
South Vacant V olusia County - Rural Volusia County - A-2 (Rural
Agriculture)
West Vacant V olusia County - Rural Volusia County - A-2 (Rural
Agriculture)
Background
These parcels are located within the Washington Park subdivision. Portions ofthis subdivision were annexed
into the City in November 2001. An additional 9.91:1: acres of land within this subdivision was annexed at the
July 18,2005 City Council meeting. The developer is proposing a single-family home development on this and
RZ-0514 - Barnett
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the above referenced 9.91:1: acres comparable to the existipg.!;!sage in Florida Shores on this property.
At the July 13, 2005 Planning and Zoning Board meeting the Board voted to send a favorable recommendation-
to City Council for the Zoning Map amendment.
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Land Use Compatibility
The proposed single family residential use of this property and the 9.91:1: acres previously referenced is
compatible with the properties to the north, which is the southern portion of Florida Shores subdivision; the
properties west and east are vacant. The property to the south is Phase II of Edgewater Lakes.
Adequate Public Facilities: Currently this site does not have access to any established roadway. Prior to
construction all on-site infrastructure will be required to be installed, including but not limited to street,
sidewalk, water service, and sewer service. The proposed development shall be in compliance with
concurrency standards prior to on-site construction.
Natural Environment:
The vegetation consists of pine flatwoods, live oak, and wetlands.
Comprehensive Plan Consistency
Policy 1.1.3 of the Comprehensive Plan Future Land Use Element states "Zoning Districts. The City shall
maintain an adopted zoning matrix which shall establish zoning districts that correspond to specific land
use categories. The matrix shall further define allowable densities and intensities in each zoning district."
The proposed zoning designation corresponds with the proposed Future Land Use designation for this
property .
Other Matters
There are no other known matters associated with this site.
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STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-43, amending the Official Zoning Map to include
1.51:1: acres ofland located south of3 5th Street and Pine Tree Drive as R-3 (Single-Family Residential).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-43.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Da en Lear
Development Services Director
~;. f"Y"'<1~1J~~
Robin Matusick
Paralegal
\~~ X_\~~"- '\:,. ~''''
Kenneth R. Hooper '\
City Manager
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RZ-0514 - Barnett
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ORDINANCE NO. 2005-0-43
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICUL TURE) TO CITY R-3 (SINGLE F AMIL Y
RESIDENTIAL) FOR PROPERTY LOCATED SOUTH OF 35TH
STREET AND PINE TREE DRIVE, EDGEW ATER, 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. Marcia E. Barnett, agent and applicant for Steven Krischer and Jeffrey Krischer,
owners of property located South of 35th Street and Pine Tree Drive, Edgewater, Florida. Subject
property contains approximately 1.51 acres more or less.
2.
The owners/applicants have submitted an application for a change in zoning
classification from County A-2 (Rural Agriculture) to City R-3 (Single Family Residential) for the
property described herein.
3. On July 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 July 18, 2005, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Daytona Beach
News Journal on July 7, 2005.
Shock tIuoogh passages are deleted.
Underlined passages are added.
2005-0-43
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5. On August 1,2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Daytona Beach News Journal on July 21, 2005, and
notifying by mail all property owners who own real property directly affected by the proposed action
and all property owners who own real property within 300 feet ofthe subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10.
The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from
County A-2 (Rural Agriculture) to City R-3 (Single Family Residential):
The following described real property all lying and being in the County of V olusia
Stl t1Gk t1l1011gh passages are deleted.
Underlined passages are added.
2005-0-43
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and State of Florida:
Lots 1 through 10 Inclusive, Block 10, Washington Park Subdivision, Unit 6 (also
known as "Part VI" or "Part 6"), according to the Plat thereof as recorded in Map
Book 11, Page 73 of the Public Records of Vol usia County, Florida.
Containing 1.51 :t acres more or less.
Together with the adjoining right-of-ways for Palm A venue, Bay Street, Miami
Avenue and Oak Street.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, Florida, to reflect the change in zoning classification for the above described
property .
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
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.
Stl tlGk t1uongh passages are deleted.
Underlined passages are added.
2005-0-43
3
PARTE.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
The first reading of this ordinance held during the July 18, 2005 City Council meeting was
continued until the August 1, 2005 City Council meeting.
After Motion by
and Second by
the vote on the first reading of this ordinance held on August 1,2005, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
StltlGk t1uotlgh passages are deleted.
Underlined passages are added.
2005-0-43
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After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 15th day of August, 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
Stt t1,k till otlgh passages are deleted.
Underlined passages are added.
2005-0-43
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 15th day
of August, 2005 under Agenda Item No.
6
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AGENDA REQUEST
Date: July 22. 2005
PUBLIC
HEARING
x
RESOLUTION
ORDINANCE August 1. 2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-17
River Colony Inc., requesting an amendment to the
Comprehensive Plan Future Land Use Map to include
4.2:i: 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-Family/Duplex Residential Subdivision
LOCATION: North of Jones Fish Camp Road, west of the Indian River
AREA: 4.2:i: 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
North Vacant
FLUM Desi nation
V olusia County - Urban Medium
Intensi
Water
East Indian River
South Vacant
Volusia County - Urban Medium
Intensi
V olusia County - Urban Medium
Intensi
West Vacant
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.
City Council approved Ordinance No. 2005-0-16 at first reading on May 16,2005.
Land Use Compatibility
The Future Land Use designation and proposed residential use of this parcel is compatible with the surrounding area.
CPA-0504 - River Colony(2)
"
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.
c"\
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
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 definition 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 1f.I 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.
Other Matters
Requests for rezoning, preliminary plat approval and final plat approval shall occur at a later date.
o
ST AFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-17, amending the Comprehensive Plan Future Land Use Map to
include 4.2:l:: acres ofland located north of Jones Fish Camp Road and west of the Indian River as Low Density
Residential.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-17.
PREVIOUS AGENDA ITEM:
YES
x
NO
6F
60
DATE:
AGENDA ITEM NO.
~Il~~l
Robin Matusick
Paralegal
~~&~_\\.ocr~",-- ~ 4t~
Kenneth R. Hooper \0
City Manager
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CPA-0504 - River Colony(2)
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0RDINANCE NO. 2005-0-17
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
URBAN MEDIUM INTENSITY TO CITY LOW DENSITY
RESIDENTIAL FOR PROPERTY LOCATED NORTH OF
JONES FISH CAMP ROAD AND WEST OF THE INDIAN
RIVER, EDGEW ATER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
VOL USIA GROWTH MANAGEMENT COMMISSION, THE
REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT
OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COpy OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. 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
StI tick th1 otl~h passages are deleted.
Underlined passages are added.
6 to 0, 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 for the May 16,2005 City
Council meeting. A notice letter was also mailed on June 30, 2005 for the public hearing to be held
on July 18,2005.
5. On May 16, 2005, the City Council considered on first reading the proposed change
in the Future Land Use Map designation and July 18, 2005 for the public hearing.
6. Pursuant to Section 163.3187(1)( c), Florida Statutes, on July 18, 2005, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Observer on Thursday, July 7,2005.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan ofthe City of Edge water,
Florida regulating and restricting the use oflands located within the City of 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).
2005-0-17
ShtIck thtotIgh passages are deleted.
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PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.8.3 of the 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.
PART F.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
2005-0-17
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Underlined passages are added.
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circumstance.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on May 16, 2005 is as follows:
AYE
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
NAY
The second reading/public hearing of this ordinance held during the July 18, 2005 City
Council meeting was continued until the August 1, 2005 City Council meeting.
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2005-0-17
Strock tIn otlgh passages are deleted.
Underlined passages are added.
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NAY
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PASSED AND DULY ADOPTED this 1 st day of August, 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. Ros,enthal, Esquire
City Attorney
Foley & Lardner, LLP
2005-0-17
Stltlck thlOtl~h passages are deleted.
Underlined passages are added.
5
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 1 st day of
August, 2005 under Agenda Item No.
6
EXHIBIT "A"
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LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A parcel 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 corner of Lot 35 RIVERFRONT EST A TES 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
accretions, riparian and littoral rights appertaining thereto. 0
Containing 4.22 i: acres more or less.
2005-0-17
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AGENDA REQUEST
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Date: Julv 22. 2005
PUBLIC
HEARING
x
RESOLUTION
BOARD
APPOINTMENT
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-34
~.G-.
ORDINANCE August 1. 2005
OTHER
BUSINESS
Marcia E. Barnett requesting an amendment to the
Comprehensive Plan Future Land Use Map to include
9.9!:i: acres ofland located south of3 5th Street, east of
Travelers Palm Drive and west of Needle Palm Drive as
Low Density Residential with Conservation Overlay.
OWNER: Tony and Hope Pawlak
APPLICANT/AGENT: Marcia Barnett
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Low
Density Residential with Conservation Overlay.
PROPOSED USE: Single-family residential.
LOCATION: South of35th Street, east of Travelers Palm Drive and west of Needle Palm Drive
AREA: 9.9!:i: Acres
U CURRENT LAND USE: Vacant/Single Family Residence
FLUM DESIGNATION: V olusia County - Rural
ZONING DISTRICT: Volusia County A-2 (Rural Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
North
Current Land Use
Single-Family
Residential and Vacant
FLUM Desi nation
Low Density Residential with
Conservation Overlay and Volusia
Coun - Rural
Low Density Residential with
Conservation Overlay and Volusia
Coun - Rural
Low Density Residential with
Conservation Overlay and Volusia
Coun - Rural
Low Density Residential with
Conservation Overlay and Volusia
Coun - Rural
East
Vacant
South
Vacant
West
Vacant
'-'
Background
These/parcels are located within the Washington Park subdivision. Portions of this subdivision were annexed into the
City in November 2001. The developer is proposing a single- family home development comparable to the existing usage
in Florida Shores on this property.
CPA-0508 - Bamett-Pawlak(2)
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'fhe Planning and Zoning Board voted to send a favorable recommendation to City Couhcil at ,their regular meeting on
June 8, 2005. City Council voted to approved the amendment at first reading on June 20,2005.
Land Use CO,mpatibility
The proposed single-family residential use is compatible with the properties to the north, which is the southern portion of
Florida Shores subdivision; the properties to the south, west and east are vacant.
o
Adequate Public Facilities: Portions of this property have access to 35th Street. The proposed development shall
be in compliance with infrastructure concurrency standards prior to on-site construction.
Natural Environment: The vegetation consists of pine flatwoods, sand live oak, mixed range land, and wet prairie.
Any proposed development shall require approval of an environmental assessment.
Comprehensive Plan Consistency
V olusia County - Rural
Areas which are a mixture of agriculture and low density residential development. The density shall be determined as
follows. Vacant parcels or tracts ofland in the vicinity to existing subdivisions (exempt or approved under Volusia
County Ordinance 72-2 or 83-3, as amended, at the time of the effective date of this Comprehensive Plan) with lot
sizes from 1 unit per acre to 1 unit per 5 acres or is immediately adjacent to an urban category to allow for a
transition between the urban uses and large lot development (greater than 5 acre lot sizes) may be developed with
similar lot sizes but not less than one acre. Only that portion ofa parcel(s) that is within 660 feet from the above
described existing exempt or approved subdivision or urban category boundary is considered "in the vicinity." Note:
Ifa parcel that is "in the vicinity" is covered by more than 50% of the 660 feet extension, then the remaining portion
of that parcel which is 10 acres or less is eligible for increased density.
Although the adjacency to the conditions described above allows for the potential of subdivisions with lots less than
5 acres in size, the actual lot size will be dependent upon the following:
Compatibility of the proposed development will be viewed within the context of existing uses, public
facility capacity in the area, suitability for wells and septic tank usage, and the natural features of the parcel
in question, such as soils, vegetation, and floodplain.
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Vacant parcels or tracts ofland that do not meet the preceding criteria or are in areas which have not been previously
platted with lots less than 5 acres in size shall only be developed with lot sizes that are 5 acres or greater.
Rural areas provide two functions, the first being a transitional use between the agricultural and urban uses and the
second would be a rural community which serves as the economic focal point of a small region. Rural areas should
be developed in a manner consistent with the retention of agriculture and the protection of environmentally sensitive
areas. Strict limitation of development in rural areas contributes to the efficient growth and operation of public
services and facilities, thus ensuring the most effective use of public resources. The natural features and constraints
will be the primary determinants in deciding whether or not an area is suitable for rural type development.
There are three subcategories of the rural designation that address past development decisions. These subcategories
are Rural Community, Rural Recreational, and Rural Village. They are identified on the Special Rural Areas Map
Series. These areas of intense or potentially intense development provide the mixed use concept to the rural areas.
They help limit urban sprawl by providing services not necessarily found in remote rural areas thus reducing the
number of trips out of these rural areas. Also allowing some limited urban type of development may help promote
economic growth in the rural areas as well.
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.
City of Edgewater - 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
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CPA-0508 - Bamett-Pawlak(2)
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topographic constraints. T>he area designa,ted 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 ofmit~gation may be necessary. If the areas are determined
not to be sensitive, than the underlying land use development density and/or intensity will be applicable.
Other Matters
There are no other known matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-34, amending the Comprehensive Plan Future Land Use Map to
include 9.91:l:: acres ofland located south of 35th Street, east of Travelers Palm Drive and west of Needle Palm Drive
as Low Density Residential with Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-34.
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
6-20-05
7-18-05
AGENDA ITEM NO.
60
6P
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Robin Matusick
Paralegal
~~~~\\.,~ '\,\ 'f
City Manager · 0
CPA-0508 - Bamett-Pawlak(2)
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ORDINANCE NO. 2005-0-34
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
RURAL TO CITY LOW DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
SOUTH OF 35TH STREET, QUEEN PALM DRIVE, EAST OF
TRAVELERS PALM DRIVE AND WEST OF NEEDLE PALM
DRIVE, EDGEW A TER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
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.
o
Whereas, the City Council of the City of Edgewater, Florida, has made the following
o
determinations:
1. Marcia E. Barnett, agent and applicant for Hope and Tony Pawlak, owners of
property located South of 35th Street, Queen Palm Drive, East of Travelers Palm Drive and West of
Needle Palm Drive, within Volusia County, Florida. Subject property contains approximately 9.91
: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 subj ect property. The requested
Amendment would change the Future Land Use Map designation from County Rural to City Low
Density Residential with Conservation Overlay for the property described herein.
3. On June 8, 2005, the Planning and Zoning Board, sitting as the City's Local Planning
2005-0-34
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Agency considered the change in the Future Land Use Map designation and by a vote of 7 to 0,
recommended that the City Council approve the request.
4. In a letter dated June 2, 2005 (for the June 20,2005 meeting) and June 17,2005 (for
the July 18, 2005 meeting), 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 June 20, 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 July 18,2005, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Daytona Beach News Journal on Thursday, July 7, 2005.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use of lands located within the City of Edgewater, Florida, be,
and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Low Density Residential with Conservation Overlay for property
described in the legal description contained in Exhibit "A" and further located on the map as
reflected in Exhibit "B" (which are attached hereto and incorporated herein).
2005-0-34
StltlGk tbotlgh passages are deleted.
Underlined passages me added.
2
PART B.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.8.3 - 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.
PARTD.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuantto Section l63.3187(1)(c)2, Florida Statutes (2003), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PARTE.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART F.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
2005-0-34
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PAR}' G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on June 20, 2005 is as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
The second reading/public hearing of this ordinance held during the July 18, 2005 City
Council meeting was continued until the August 1, 2005 City Council meeting.
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
2005-0-34
Stl tick thlOUgh passages are deleted.
Underlined passages are added.
4
PASSED AND DULY ADOPTED this 1st day of August, 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
2005-0-34
StltlGk thl0tlgh 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 1 st day of
August, 2005 under Agenda Item No. 6_,
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
PARCEL #8414-04-02-0010:
Lots 1 through 15 Inclusive, Block 2, Washington Park Subdivision, Unit 6 (also known as "Part
VI" or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
Records of V olusia County, Florida.
Together with the adjoining right-of-ways for Miami A venue, Grove Street, Ridge A venue and Park
Street.
PARCEL #8414-04-05-0010:
Lots 1 through 19 Inclusive, Block 5, Washington Park Subdivision, Unit 6 (also known as "Part
VI"or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
U Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Grove Street, Miami A venue, Maple Street and Ridge
Avenue.
PARCEL #8414-04-11-0010:
Lots 1 through 27 Inclusive, Block 11, Washington Park Subdivision, Unit 6 (also known as "Part
VI" or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Bay Street, Miami A venue, Oak Street and Ridge
A venue.
Containing 9.91 ::!: acres more or less.
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2005-0-34
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AGENDA R,EQUEST
Date: Julv 22. 200S
PUBLIC
HEARlNG
ORDINANCE August I, 200S
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
I st Reading - Ordinance No. 200S-0-42
Marcia E. Barnett requesting an amendment to the
Comprehensive Plan Future Land Use Map to
include l.Sl:i: acres ofland located south of 3Sth
Street and Pine Tree Drive as Low Density
Residential with Conservation Overlay.
OWNER: Steven & Jeffrey Krischer
APPLICANT/AGENT: Marcia Barnett
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property
as Low Density Residential with Conservation Overlay.
PROPOSED USE: Single-family residential.
LOCATION: South of3Sth Street and Pine Tree Drive.
AREA: I.S1::1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County - Rural
ZONING DISTRICT: Volusia County A-2 (Rural Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Deshwation Zonin!! District
North Vacant V olusia County - Rural Volusia County - A-2 (Rural
Agriculture)
East Vacant Low Density Residential with R-2 (Single-Family Residential)
Conservation Overlay
South Vacant V olusia County - Rural Volusia County - A-2 (Rural
Agriculture)
West Vacant V olusia County - Rural Volusia County - A-2 (Rural
Agriculture)
Background
These parcels are located within the Washington Park subdivision. Portions of this subdivision were annexed
into the City in November 2001. An additional 9.91::1: acres ofland within this subdivision was annexed at the
CPA-050S - Barnett
July 18,2005 City Council meeting. The developer is proposing a single-family home development on this and
the above referenced 9.91::1: acres comparable to the existing usage in Florida Shores on this property.
At the July 13,2005 Planning and Zoning Board meeting the Board voted to send a favorable recommendation 0
to City Council for the Future Land Use Map amendment.
Land Use Compatibility
The proposed single family residential use of this property and the 9.91::l: acres previously referenced is
compatible with the properties to the north, which is the southern portion of Florida Shores subdivision; the
properties west and east are vacant. The property to the south is Phase II of Edgewater Lakes.
Adequate Public Facilities: Currently this site does not have access to any established roadway. Prior to
construction all on-site infrastructure will be required to be installed, including but not limited to street,
sidewalk, water service, and sewer service. The proposed development shall be in compliance with
concurrency standards prior to on-site construction.
Natural Environment: The vegetation consists of pine flatwoods, live oak, and wetlands.
Comprehensive Plan Consistency
V olusia County - Rural
Areas which are a mixture of agriculture and low density residential development. The density shall be
determined as follows. Vacant parcels or tracts of land in the vicinity to existing subdivisions (exempt or
approved under Volusia County Ordinance 72-2 or 83-3, as amended, at the time of the effective date of
this Comprehensive Plan) with lot sizes from 1 unit per acre to 1 unit per 5 acres or is immediately
adjacent to an urban category to allow for a transition between the urban uses and large lot development
(greater than 5 acre lot sizes) may be developed with similar lot sizes but not less than one acre. Only that
portion of a parcel(s) that is within 660 feet from the above described existing exempt or approved 0
subdivision or urban category boundary is considered "in the vicinity." Note: If a parcel that is "in the
vicinity" is covered by more than 50% of the 660 feet extension, then the remaining portion of that parcel
which is 10 acres or less is eligible for increased density.
Although the adjacency to the conditions described above allows for the potential of subdivisions with lots
less than 5 acres in size, the actual lot size will be dependent upon the following:
Compatibility of the proposed development will be viewed within the context of existing uses,
public facility capacity in the area, suitability for wells and septic tank usage, and the natural
features of the parcel in question, such as soils, vegetation, and floodplain.
Vacant parcels or tracts of land that do not meet the preceding criteria or are in areas which have not been
previously platted with lots less than 5 acres in size shall only be developed with lot sizes that are 5 acres
or greater.
Rural areas provide two functions, the first being a transitional use between the agricultural and urban uses
and the second would be a rural community which serves as the economic focal point of a small region.
Rural areas should be developed in a manner consistent with the retention of agriculture and the protection
of environmentally sensitive areas. Strict limitation of development in rural areas contributes to the
efficient growth and operation of public services and facilities, thus ensuring the most effective use of
public resources. The natural features and constraints will be the primary determinants in deciding whether
or not an area is suitable for rural type development.
There are three subcategories of the rural designation that address past development decisions. These
subcategories are Rural Community, Rural Recreational, and Rural Village. They are identified on the
Special Rural Areas Map Series. These areas of intense or potentially intense development provide the
mixed use concept to the rural areas. They help limit urban sprawl by providing services not necessarily
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CP A-0508 - Barnett
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found in remote rura' areas thus reduci9g the number of trips out of these rural areas. Also allowing some
limited urban type of development may heJp promote economic growth in the rural areas as well.
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.
Other Matters
There are no other known matters associated with this site.
ST AFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-34, amending the Comprehensive Plan Future Land
Use Map to include 9.91:l: acres ofland located south of 35th Street, east of Travelers Palm Drive and west
of Needle Palm Drive as Low Density Residential with Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-34.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
Julv 18, 2005
AGENDA ITEM NO. 6S
~~LN.('J<i
Robin Matusick
Paralegal
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Kenneth R. Hooper ~\ \. 1\
City Manager \..~
CP A-0508 - Barnett
3
ORDINANCE NO. 2005-0-42
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
RURAL TO CITY LOW DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
SOUTH OF 35TH STREET AND PINE TREE DRIVE,
EDGEW ATER, FLORIDA; PROVIDING FOR FINDINGS OF
CONSISTENCY; AMENDING THE FUTURE LAND USE
MAP; PROVIDING FOR FILING WITH THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA
GROWTH MANAGEMENT COMMISSION, THE REGIONAL
PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL
GOVERNMENT OR GOVERNMENTAL AGENCY THAT
HAS REQUESTED A COPY OF THE PLAN AMENDMENT;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING
AN EFFECTIVE DATE.
o
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
o
1. Marcia E. Barnett, agent and applicant for Steven Krischer and Jeffrey Krischer,
owners of property located South of 35th Street and Pine Tree Drive, Edgewater, Florida. Subject
property contains approximately 1.51 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 Rural to City Low
Density Residential with Conservation Overlay for the property described herein.
3. On July 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
2005-0-42
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6 to 0, recommended that the City Council approve the request.
4. In a letter dated June 17,2005 and July 1,2005, 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 July 18,2005, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on August 1,2005, 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 Daytona Beach News Journal Observer on Thursday, July
21,2005.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW ATER, 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 Low Density Residential 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
2005-0-42
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Map designation is internally consistent with the policies and objectives contained in the Edgewater
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Comprehensive Plan, specifically Policy 1.8.2 states "In order to reduce land use conflicts and for
efficient public service provision, the City shall investigate and, where feasible, annex all enclaves
as soon as possible."
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner is hereby authorized and directed to amend the Future Land Use Map of
the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the
Future Land Use designation for the property described herein.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163 .3187( 1)( c )2, Florida Statutes (2003), the Planning Director is hereby
directed to report this action to the state land planning agency as required therein.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
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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.
2005-0-42
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PART H. ADOPTION.
The first reading of this ordinance held during the July 18,2005 City Council meeting was
continued until the August 1, 2005 City Council meeting.
After Motion by
and Second by
,the
vote on the first reading of this ordinance held on August 1, 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
2005-0-42
Struck tin ough passages are deleted.
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AYE
4
NAY
PASSED AND DULY ADOPTED this 15th day of August, 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
2005-0-42
StI tick tin otlgh passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEW ATER, 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 15th day
of August, 2005 under Agenda Item No. 6_.
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Lots 1 through 10 Inclusive, Block 10, Washington Park Subdivision, Unit 6 (also known as "Part
VI" or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73 of the Public
Records of Vol usia County, Florida.
Containing 1.51 i: acres more or less.
Together with the adjoining right-of-ways for Palm Avenue, Bay Street, Miami Avenue and Oak
Street.
2005-0-42
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... AGENDA REQUEST
i~ .. CM: 2005-111
, Date: July 26. 2005
U PUBLIC
HEARING RESOLUTION August 1. 2005 ORDINANCE
BOARD OTHER
APPOINTMENT CONSENT BUSINESS
'-.T
- 1
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ITEM DESCRIPTION:
Resolution 2005-R-ll Expressing the intent to adopt Phase II on the Manatee Protection Plan for
V olusia County (boat facility siting plan and implementation).
BACKGROUND:
V olusia County is one of thirteen (13) counties mandated by the Governor and Cabinet (1989) to
establish a Manatee Protection Plan (MPP). The MPP contains two phases: (1) Manatee Protection and
(2) Boat Facility Siting Plan. The objectives of the MPP and boat facility siting plan is to decrease the
potential of collisions of manatees and water craft and balance manatee/habitat protection with
commercial and residential marine interests.
V olusia County proposed several options to control dock density but the Florida Fish and Wildlife
Conservation Commission rejected these options in favor ofa slip-to-shore ratio. The ratio allows for
a specific number of slips (docks) per 100 feet of shoreline based on manatee data, water quality and
sea grasses. Most of the Edgewater shoreline is within an area designated as 1 slip per 100 feet. The
north area of the City is in an area of criteria-based shoreline ratio.
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As the Manatee Plan is currently drafted, Cities have three choices:
1. opt out of the plan and create their own
2. take no action which means no new docks unless consistent with County Plan
3. adopt a slip aggregation methodology
The slip aggregation methodology allows Edgewater to measure the entire length of shoreline (54,000
feet) and subtract existing docks (220) and provide for future single family docks (160). This results
in 418 additional slips that are aggregated and controlled by the City.
STAFF RECOMMENDATION:
Adopt the proposed Resolution supporting the V olusia County Manatee Protection Plan as amended
by the Florida Fish and Wildlife Conservation Commission and select the aggregation methodology for
future allocation of boat slips.
ACTION REQUESTED:
Motion to approve Resolution 2005-R-l1.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
YES NO
AGENDA ITEM NO.
v
Respectfully submitted,
~ ~
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Ke eth R. Hooper
City Manager
I:\Iiz -,docslagendarequests\MPP080 I 05
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RESOLUTION NO. 2005-R-ll
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, EXPRESSING THE INTENT TO
ADOPT PHASE II ON THE MANA TEE PROTECTION PLAN
FOR VOLUSIA COUNTY - BOAT FACILITY SITING PLAN
AND IMPLEMENTATION (07/08/05); REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the Governor and Cabinet named V olusia County as one of thirteen counties
key to the survival of manatees and directed the creation of a Manatee Protection Plan ("MPP"); and
WHEREAS, Manatee protection programs should strive to reduce manatee injury and
mortality while taking into consideration natural resources, recreational usage and economic factors;
and
WHEREAS, the Florida Fish and Wildlife Conservation Commission approved Phase I of
the V olusia County Manatee Protection Plan in February 2001, which addresses manatee/human
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interaction, habitat inventory, habitat protection, education, research, and governmental coordination;
and
WHEREAS, the Phase II, the Boat Facility Siting component of the Manatee Protection Plan
for Volusia County, has been amended to include options for municipal provisions that meet or
exceed State requirements,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Edgewater, Florida:
Section 1.
Support.
The City of Edgewater hereby endorses the proposed Florida
Fish and Wildlife Conservation Commission's Manatee Protection Plan for Volusia County,
including municipal options for boat slip aggregation, the establishment of a manatee conservation
2005-R-ll
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trust fund, and other measures designed to protect manatees, while allowing compatible boat facility
siting.
Section 2.
Comprehensive Plan.
The City of Edgewater further agrees to adopt
comprehensive plan amendments within its municipal boundaries consistent with the Manatee
Protection Plan.
Section 3.
hereby repealed.
Section 4.
All resolutions or parts of resolutions in conflict herewith be and same are
If any portion of this resolution is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this
resolution. If this resolution or any provisions thereof shall be held to be inapplicable to any person,
property, or circumstances, such holding shall not affect its applicability to any other person,
property, or circumstance.
Section 5.
This resolution shall take effect upon adoption.
After Motion by
the vote on this resolution was as follows:
and Second by
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judith Lichter
r
2005-R-ll
2
PASSED AND DULY ADOPTED this 1st day of August, 2005.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2005-R-ll
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
;I
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council during the
Council meeting held on the 1 st day of
August, 2005 under Agenda Item 6_.
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FLORIDA FISH AND WILDLIFE CONSERV A TION COMMISSION
\...,
RODNEY BARRETO
Miami
SANDRA T. KAUPE
Palm Beach
H.A. "HERKY" HUFFMAN
Enterprise
DAVID K. MEEHAN
St. Petersburg
KATHY BARCO
Jacksonville
RICHARD A. CORBETT
Tampa
BRIAN S. YABWNSKI
Tallahassee
KENNE1H D. HADDAD. Executive Di"'~tor
VICTOR J. HEtlh'R. MurOT\t Executive Director
R. KlP? mOHUCH. &'Ction LeaJcr
IMPERILED SPECIES MANAGEMENT SECTION
D1VISION OF HABIT ^ T AND SPECIES CONSERV A nON
(850) 922..mO
FAX (850) 922.43)8
July 13,2005
Mr. Kenneth R. Hooper
City of Edgewater
104 N. Riverside Drive
Edgewater, Florida 32132-0100
..
Re: V olusia County Manatee Protection
Plan Exhibits
Dear Mr. Hooper:
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The Florida Fish and Wildlife Conservation Commission (FWC) has received information
regarding the slip aggregation option assessment by the City of Edgewater and a summary is
attached. Based on our conversation with your staff and information from subsequent emails,
FWC concurs with the assessment for the total amount of shoreline, calculation of slip densities,
existing number of slips, single-family lots and boat ramp trailer parking spaces, and the
resulting slip pool that will be available for future powerboats (slips design.ated for sailboat use
will not be deducted from the available slip pool). It is our understanding. that your Council will
review this information and propose a resolution for incorporation into.the city's comprehensive
plan. We understand that it is the City's intent to submitthe resolution to the County for
inclusion into the V olusia County Manatee Protection ~lan (MPP). The County will then
transmit the MPP to the FWC for review and approval. . If possible, the County would like to
review the draft resolution and comprehensive plan language before it goes to your Council in
order to ensure effective incorporation into the county MPP. Upon FWC's approval of the
V olusia County Manatee Protection Plan, this information will be used by our agency in our
recommendations provided to the state regulatory agencies for permit review, including new and
expanding development proposals within the City of Edgewater. Please do not hesitate to call
me at (850) 922-4330 if you have any questions.
Sincerely,
~tal Specialist III
Imperiled Species Management Section
/mpd
cc: Ms. Georgia Zern, Volusia County
C:\MPPs\Volusia\City of Daytona concurrence leiter.doc
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620 Soulb Mcrldian Stteel - 6A -Tallabassee -FL. 32399.1600 _
Visit Myfo'WC.com
MANA TEE PROTECTION PLAN
V olusia County MPP Exhibits
City of Edgewater
June 17,2005
TOTAL SHORELINE
Shoreline
42,495' in 1: 1 00 feet ofshorellne
12.424' in criteria-based shoreline
EXISTING INVENTORY
Marinas
Cameron's Marina
Edgewater Landing
Kennedy Park
Menard May Park
SFR Residential
Residential single-family Lots
LEVEL OF SERVICE
Total slips as determined by shoreline ratio =
Existing slips (wet and dry), number of SFR lots/docks,
and trailer parking spaces :::
Available slip pool :::
Slips
425
373
TOTAL 798
Slips
42
134
26
~
220 subtotal
Slip$
160 subtotal
798
- 380
418
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AGENDA REQUEST
July 8, 2005
PUBLIC
HEARING
D
RESOLUTIONS D
ORDINANCES D
BOARD
APPOINTMENT [g]
OTHER
BUSINESS
D
D
CONSENT
ITEM DESCRIPTION:
Appointment of two (2) members to Police Pension Board
BACKGROUND:
These appointments are the Police Department's elected members
STAFF RECOMMENDATION:
Staff recommends Council recognize the appointments of Gary Conroy and Dan Blazi to
the Police Pension Board.
ACTION REQUESTED:
No action necessary - for information to council
FINANCIAL IMPACT: (FINANCE DIRECTOR) N/ A
(SPECIFY IF BUDGET AMMENDMENT IS REQUIRED) NO
PREVIOUS AGENDA ITEM:
DYES
r8J NO
DATE:
AGENDA ITEM NO.
AGENDA REQUEST
9. ~~.
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;-
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PUBLIC
HEARING
Date: July 20, 2005
<.J
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS August L 2005
ITEM DESCRIPTION:
Jim Rives, Realtor, representing Barbara McLearn, property owner, request for a lien reduction from
Code Enforcement Case No. 2004-CE-6067 and 2005-CE-2059.
BACKGROUND:
Jim Rives, Realtor, representing Barbara McLeam, property owner, has requested for the City Council
to consider a lien reduction regarding Code Enforcement Case No. 2004-CE-6067 and 2005-CE-2059.
The case was a violation of the Land Development Code Section # 21-35.04 (Neglected Premises).
Although the property owner has satisfied $161.00 in citations she currently has outstanding liens of
$10,000.
The Citizens Code Enforcement Board established the liens on August 26, 2004 and March 10, 2005
for the continued noncompliance of the property located at 1955 Guava Drive. The property is
currently under contract for sale and the present liens create a hardship within the sale negotiations.
The City does not have any outstanding financial burdens from mowing and/or clearing servic~s
associated with this case and only has contributed minimal clerical time.
o STAFF RECOMMENDATION:
Staff recommends the City Council consider the lien reduction request and allow for the liens to be
satisfied with the payment of $5,500 pending the successful sale of the property.
ACTION REQUESTED
Motion to reduce Code Enforcement liens associated with the property located at 1955 Guava Drive to
$5,500 pending successful sale of said property.
FINANCIAL IMP ACT: (FINANCE DIRECTOR) N/ A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/A
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO. N/A
~~.
Robin Matusick ~
Paralegal
\~"'vv... ~~~ "'- .
Ken Hooper \ \~
City Manager
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Department of Fire and Rescue Services
PO Box 100
Edgewater, FI 32132-0100
Phone 386.424.2445
Fax 386.424.2450
Email Firedept@citvofedoewater.oro
()
April 27, 2005
RECEIVED
JUL 2 7 Z005
CITY MANAGER
At your request, I am providing additional information regarding the above mention
code enforcement case located at 1955 Guava Dr. The case presented in the agenda request
has had repeat code attention and violations since 1998. Mrs. McLearn, who resides in Maine,
presently owns the property. Her son resides in Edgewater and is charged as the caretaker of
the property. The most recent violations were for the deplorable condition of the property,
which has multiple discarded junk items stored visibly about the property. The case has been
before the Code Enforcement Board and violations and liens have been assessed and the
condition of the property has not changed. Although in majority of our other cases, the
assessment of such fine has motivated immediate compliance. This case however has
accumulated a $10,000 lien from two citations maximizing the $5,000 cap without
improvements to the property.
To: Ken Hooper, City Manager
From: Tracey T. Barlow, Fire Chief #
Re: Code Case at 1955 Guava Dr.
Considering several attempts over the last 8 years were unsuccessful in bringing this
property into compliance, not to mention the continued burden to staff and adjacent
properties, I directed code staff to encourage the property owner to consider the sale of the
property to a more responsible individual. It is my desire that with the sale of the property, not
only would the new owners correct the oufstanding violations, it is also plausible that a new
business would be re-established on this commercial parcel.
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The owner has since retained a realtor and they have explained to us that the property
is currently under contract pending the reduction of the enormous outstanding lien. Since
staff has contributed only clerical time into the case and it is our overall objectives to have the
violations corrected and recover our cost, it was my recommendation to reduce the lien,
pending property sale, to encourage the transition of the property.
Based on the previous history with the case I am concerned that without the sale of the
property it will only continue to burden staff and adjacent properties. If the property continues
in present condition the city would eventually be required get a Board order to have city
personnel clean the property. Such task would also include the need for staff to inventory and
appropriately secure personal items removed from the property until they could be
appropriately discarded. This course of action would only continue to contribute to the time
and expenses that the city has already committed to the case without a guarantee of cost of
future reimbursement.
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