10-10-2005 r
Voting Order
Councilman Vincenzi
Councilwoman Rhodes
Councilwoman L.ichter
Mayor Schmidt
Councilman Brown
AGENDA
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
October 10,2005
7:00 PM
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROVAL OF MINUTES -None at this time.
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS.
None at this time.
4. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. 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.
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
Large Scale Comprehensive Plan Amendments: Information - 2" Large Scale
Comprehensive Plan for 2005. The City's Comprehensive Plan can be amended twice
per year. The amendment process involves a review by the Department of Community
Affairs (DCA) and the Volusia Growth Management Commission (VGMC). The
effective date of all large scale amendments is upon certification by DCA and VGMC.
A. 2"d Reading,Ord.No.2005-0-22,Glenn Storch requesting an amendment to
the Comprehensive Plan Future Land Use Map to include 36.07+ acres of
land located west of US 1 and north of Clinton Cemetery Road as Commercial
and Low Density Residential with Conservation Overlay,1"Reading 6/06/05,
item 6I.
B. 2nd Reading,Ord.No.2005-0-23,Glenn Storch requesting an amendment to
the Comprehensive Plan Future Land Use Map to include 154.97+acres of
land located west of US1 and northwest of William Street as Low Density
Residential with Conservation Overlay, 1"Reading 6/06/05, item 6J.
C. 2nd Reading,Ord.No. 2005-0-24,Joe Sfera requesting an amendment to the
Comprehensive Plan Future Land Use Map to include 12.01+acres of land
located west of US1 and south of 4100 US1 as Commercial with
Conservation Overlay, Pt Reading 6/06/05, item 6K.
D. 2"d Reading,Ord.No.2005-0-25,T&H LLC requesting an amendment to the
Comprehensive Plan Future Land Use Map to include 37.26+acres of land
located west of 4100 S. US1 and Relocation Road as Industrial with
Conservation Overlay, 1St Reading 6/06/05, item 6L.
City Council Agenda
October 10, 2005
Page-2-
6. Public Hearings, Ordinances and Resolutions Cont.
Large Scale Comprehensive Plan Amendments Cont:
E. 2"d Reading, Ord. No. 2005-0-26, Robert Jalbert, Sr. requesting an
amendment to the Comprehensive Plan Future Land Use Map to include
12.38+ acres of property located at 2203 and 2295 Cow Creek Road as
Agriculture and Low Density Transition with Conservation Overlay, 1st
Reading 6/06/05, item 6M.
F. 2"a Reading, Ord. No. 2005-0-30, Scott Tobin requesting an amendment to
the Comprehensive Plan Future Land Use Map to include 30.01+ acres of
land located east of US 1 and north of Jones Fish Camp Road as High Density
Residential with Conservation Overlay, 1s`Reading 6/06/05, item 60.
G. 2"d Reading, Ord. No. 2005-0-31, Rodney Jones, agent for ASD Properties
Management LLC, requesting an amendment to the Comprehensive Plan
Future Land Use Map to include 100.66± acres of land located east of Old
Mission Road and north of Mission Oaks Condominium as Medium Density
Residential with Conservation Overlay and Conservation, 1' Reading
6/06/05, item 6P.
7. BOARD APPOINTMENTS -None at this time.
8. CONSENT AGENDA
All matters listed under the consent agenda are considered to be routine by the City Council
and will be acted upon by one motion. There will be no separate discussion of these items
unless discussion is desired by a member of the Council, in which case the Mayor will
remove that item from the consent agenda and such item will be considered separately.
A. Engineering and Surveying Services-staff recommending approval of Work
Order #2002-23, for a boundary survey and topographic survey, by Gierok
Engineering, Inc. for the 17.64+ acre site (to be purchased from Volusia
County)for a cost of$20,240. (Purchase of property approved by Council on
September 12, 2005.)
B. Law Enforcement Trust Funds- staff recommending approval to use"Trust
Funds" in the amount of $2,000 to purchase uniforms/equipment for the
honor guard program.
C. Police Department Position - staff recommending approval of a full-time
Victims Advocate position with an annual salary of$36,082,fully funded by
a Victims of Crime Act(VOCA)grant.
9. OTHER BUSINESS
A. Canal Relocation and Improvements - staff recommending to declare
drainage improvements on Beck's Grove Road to be an emergency,authorize
Halifax Paving, Inc. to construct the improvements at a cost not to exceed
$90,000.00 and authorize the Mayor/City Manager to execute the documents,
cont. from 9/26/05, item 9C.
City Council Agenda
October 10,2005
Page-3-
9. Other Business Cont.
B. Engineering Services - staff recommending approval of the proposal from
Gierok Engineering, Inc. for services related to paving,drainage and utility
improvements for Driveway"A"in ParkTowne Industrial Center at a cost not
to exceed$49,935,and authorize the City Manager to negotiate and execute
the documents.
C. Engineering Services-staff recommending approval of Work Order#2005-
01 for engineering services as proposal for Rotary Park Improvements by
B&H Consultants,Inc. for a total cost not to exceed $72,354.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Note: All items for inclusion on the November 7, 2005, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday,October 31,2005.
Pursuant to Chapter 286,F.S., fan individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing that individual will need a record of the proceedings and will need to ensure that
a verbatim record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, 104 N Riverside Drive,Edgewater,Florida,telephone
number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired contact the relay
operator at 1-800-955-8771.
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AGENDA REQUEST
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Date: September 29.2005
PUBLIC
HEARING
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RESOLUTION ORDINANCE October 10.2005
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-22
Glenn D. Storch, requesting an amendment to the Comprehensive
Plan Future Land Use Map to include 36.07:1: acres of land
located west of US Highway 1 and north of Clinton Cemetery
Road as Commercial and Low Density Residential with
Conservation Overlay.
APPLICANT/AGENT: Glenn Storch, Esquire
OWNER(S): John and Patricia Hickey
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as
Commercial and Low Density Residential with Conservation Overlay
PROPOSED USE: Single Family Residential Development with Commercial frontage along US Highway 1
LOCATION: West of US Highway 1, northwest of Jones Fish Camp Road, including 201 and 221 Clinton Cemetery
Road
U AREA: 36.07:1: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County - Commercial and Urban Low Intensity
ZONING DISTRICT: Volusia County - B-4 (General Commercial), B-2 (Neighborhood Commercial) and A-3
(Transitional Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM DesiJmation ZOnblf! District
North Vacant/ Commercial V olusia County - Volusia County - B-4 (General
CommerciallIndustrial Commercial)/I-l (Light Industrial)/ 1-
4 (Industrial Park)
East Vacant Volusia County - IndustriallUrban Volusia County - 1-3W (Waterfront
Medium Density Industrial)/B-4W (General
Commercial)
South Vacant/Single Family Volusia County- Volusia County - B-2 (Neighborhood
Residential CommerciallUrban Low Intensity Commercial)/ A-3 (Transitional
Agriculture)
West Vacant Volusia County - Urban Low Volusia County - A-3 (Transitional
Intensity Agriculture)
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CPA-0416 - Hickey
Background
This property was annexed in December 2004. A portion of this property currently contains two (2) single-family
residences. The portion ofthe property adjacent to US Highway I will remain commercial. This site is currently under
contract with a developer who is proposing a single-family residential subdivision.
At their regular meeting of May 11,2005, the Planning and Zoning Board voted 6-0 to send a favorable recommendation
to City Council for the proposed Future Land Use Map amendment. City Council voted 5-0 to approve the request at
first reading on June 6, 2005.
This request has been reviewed by the Florida Department of Community Affairs and all other required State and local
regulatory agencies.
Land Use Compatibility
The proposed residential Future Land Use designation is compatible with the surrounding area. There is Industrial and
commercial Future Land Uses to the north and east, with residential and agriculture to the south and west.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The City
of Edgewater has verified that potable water is available along U.S. 1 and that sufficient water capacity exists for this
project.
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.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be submitted and approved by the City prior to the development of this
property.
Consistency with Comprehensive Plan
Va/usia County - Commercial (C)
This category accommodates the full range of sales and service activities. These uses may occur in self-contained centers,
high-rise structures, campus parks, municipal central business districts, or along arterial highways. In reviewing zoning
requests or site plans, the specific intensity and range of uses, and design will depend on locational factors, particularly
compatibility with adjacent uses, availability of highway capacity, ease of access and availability of other public services
and facilities. Uses should be located to protect adjacent residential use from such impacts as noise or traffic. In wellfield
protection areas
uses are prohibited that involve the use, handling, storage, generation or disposal of hazardous or toxic material or waste
or petroleum products.
Commercial development in newly developing areas is designated in nodes at major thoroughfare intersections. Primarily
new development should be designed to utilize the shopping center concept and not designed to encourage strip style
commercial development. The various types of shopping centers are described in Chapter 20, Definitions under Shopping
Centers.
However, the Plan recognizes existing strip commercial development along many arterial roadways may remain. These
areas are identified on the Future Land Use Map and if the designation is shown on only one side ofa roadway, this
specifically provides that particular side is intended for commercial use and is not to suggest that the opposite side is also
included. The lateral boundary of the strip indicates the extent to which business uses may be allowed to expand along the
roadway frontage. The depth of the strip is more generalized. In application the depth should be limited to the current
zoning map. However, zoning map amendments may be necessary only for the specific parcel that fronts the highway
presently containing the commercial zoning designation to ensure compatibility with buffering of adjacent residential
uses, or planned transitions between adjacent commercial and residential uses in keeping with the Plan's policies.
Such depth adjustments will not require a Comprehensive Plan amendment. Intervening areas between commercial strips
CPA-0416 - Hickey
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along a highway may be used only for the uses permitted in the designated land use category. Future lateral extension of
the strip commercial beyond that shown on the Plan Map will require a Plan amendment.
All commercial development must be consistent with the Comprehensive Plan and current land development regulations.
This applies to all commercial development no matter what Future Land Use designation it has been assigned.
Existing commercial uses not indicated on the Future Land Use Map may be consistent with the Plan if they comply with
Number 16 of the Interpretation Section.
Volusia County - Urban Low Intensity
Urban Low Intensity (ULI) - Areas for low density residential dwelling units with a range of .2 to 4 dwelling units per
acre. In reviewing rezoning requests, the specific density will depend on locational factors, particularly compatibility with
adjacent uses and availability of public facilities. Provided however, lot sizes larger than one acre may be allowed ifthere
are similar lot sizes existing in the vicinity. This residential category is generally characterized by single family type
housing, e.g., single family detached and attached, cluster and zero lot line. This category will allow existing agricultural
zoning and uses to continue.
This category may also allow neighborhood convenience uses (See Shopping Center definition in Chapter 20) and
individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria. The commercial
intensity should be limited in a manner to be compatible with the allowable residential density, with more allowable
intensity at intersections of heavily used roadways. In order to be considered compatible, the commercial development
should reflect comparable traffic generation, similar traffic patterns, building scale, landscaping and open space, and
buffers. Due to the nature of some of the commercial uses, additional landscaping and visual screening shall be provided
through the BPUD process when adjacent to low density residential in order to preserve the character of the
neighborhood. High intensive commercial use should be reserved to areas designated for Commercial.
All requests for non-residential uses within V4 mile of another jurisdiction shall require notification to that jurisdiction.
City of Edgewater - Commercial
The commercial land use category consists of a variety of retail and office uses; such as, medical facilities, shopping
centers, restaurants, automobile service facilities and similar uses. Typical neighborhood and highway service areas are
allowed to build up to a maximum floor area ratio (FAR) of 0.30. Tourist commercial areas can build up to a maximum
0.50 FAR.
The majority of commercial development within the City of Edgewater is located along US I in a strip pattern. The area
contains restaurants, convenience goods stores and neighborhood centers. Another corridor of commercial development
which has emerged is adjacent to the FEC Railroad within the Florida Shores Subdivision.
In 2000, there were 210 acres of commercially developed lands in the City. These developed lands represent only three
percent of the total acreage in Edgewater and 3.7% percent of all developed lands.
City of 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 I OO-year floodplain, and other areas subject to environmental or
topographic constraints. The area designated as Conservation Overlay on the FLUM is not intended to prevent
development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine
whether development should be permitted or ifsome form of mitigation may be necessary. Ifthe areas are determined
not to be sensitive, than the underlying land use development density and/or intensity will be applicable.
Other Matters
The Zoning Map amendment and preliminary plat applications shall come at a later date.
CPA-0416 - Hickey
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STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-22; amending the Comprehensive Plan Future Land Use Map to
include approximately 36.07:1: acres of land located west of US Highway I and north of Clinton Cemetery Road as
Commercial and Low Density Residential with Conservation Overlay. 0
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-22.
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
6-06-05
AGENDA ITEM NO.
61
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Robin Matusick
Paralegal
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CPA-0416 - Hickey
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ORDINANCE NO. 2005-0-22
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY LOCATED WEST OF U. S. HIGHWAY
NO. 1 AND NORTH OF CLINTON CEMETERY ROAD,
EDGEW A TER, FLORIDA AS COMMERCIAL AND LOW
DENSITY RESIDENTIAL WITH CONSERVATION
OVERLAY; PROVIDING FOR PUBLICATION; PROVIDING
FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORTATION 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 FOR AN EFFECTIVE DATE.
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification
of the property hereinafter described has been duly held in the City o( Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 9J-ll, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
#2005-0-22
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held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2003),
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on Wednesday, May 11,2005, on the proposed Plan Amendment and following that Public Hearing
voted and recommended that the City Council approve the aforesaid Amendment to the City's 2003
Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT.
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 Edge water, Florida, be,
and the same is hereby amended by this plan map amendment to: Amend the Official Future Land 0
Use Map to include property as Commercial and Low Density Residential with Conservation
Overlay for property described in Exhibits" A" and "B".
PARTB.
PUBLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2003). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment.
The first publication shall appear at least SEVEN (7) days before the first Public Hearing
(Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2003). The second publication shall appear
at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 ( 15) (b) 2.,
#2005-0-22
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Fla. Stat. (2003). The required advertisement shall be no less than two columns wide by TEN inches
(10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall
be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2003). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2005-0-22
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 TO INCLUDE
CERTAIN PROPERTY LOCATED WEST OF U. S. HIGHWAY
NO. 1 AND NORTH OF CLINTON CEMETERY ROAD,
EDGEW A TER, FLORIDA AS COMMERCIAL AND LOW
DENSITY RESIDENTIAL WITH CONSERVATION
OVERLAY; PROVIDING FOR PUBLICATION; PROVIDING
FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFF AIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOL USIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
#2005-0-22
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AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
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A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will
be held on June 6, 2005 at 7 :00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater,
Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit HB'')
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2003).
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 2003
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Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 ( 15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2003). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITTAL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
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SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance with Rule 9J-ll.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the V olusia Growth Management Commission, V olusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2003) and Rule 9J-l1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2003) &
Rule 9J-l1.011 (3), F.A.C.
PART E.
CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART F.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department
#2005-0-22
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of Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance and certification of consistency
from the V olusia Growth Management Commission.
PART G.
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 H. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on June 6, 2005 is as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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After Motion by
and Second by
on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
, the vote
AYE NAY
PASSED AND DULY ADOPTED this 10th day of October, 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
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CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 10th day
of October, 2005 under Agenda Item No.
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EXHIBIT" A"
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LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Parcel relating to Ordinance #2004-0-42 as Low Density Residential:
A parcel ofland being a portion of US Government Lots 1 and 2 and a part of the Northwest 1/4 of
Section 24, Township 18 South, Range 34 East, V olusia County, Florida and being more particularly
described as follows:
Commence at the northwest comer of said Section 24, thence S 00034'36" E, along the west line of
the Northwest 1/4 of said Section 24, a distance of 1400.00 feet; thence N 86018'56" E, a distance
of 2556.75 feet to the Point of Beginning of this description to wit; thence continue N 86018'56",
a distance of 1852.35 feet to a point on the monumented and occupied westerly right-of-way line
of U.S. Highway No.1 (a 158.00 foot wide right-of-way) as described in O.R. Book 4708, Page
4301 of the Public Records of Vol usia County, Florida; thence S 22055'51" E, along said westerly
right-of-way line, a distance of21 0.25 feet; thence S 87052'59" W, a distance of318.24 feet; thence
S 22055'51" E, a distance of 688.36 feet to a point on the centerline of a 60.00 foot wide easement
as described in O.R. Book 2067, Page 1758 of the Public Records of Volusia County, Florida 0
(known as Clinton Cemetery Road); thence S 87053'15" W, along said centerline, a distance of
189.25 feet to a point on the easterly line of lands as described in O.R. Book 5489, Page 3080;
thence N 22055'51" W, along said east line, a distance of310.00 feet to the northeast comer of said
lands; thence S 87053'15" W, along the north line of said lands as described in O.R. Book 5489,
Page 3080, a distance of 221.88 feet; thence S 22038' 21" E, a distance of 19.51 feet; thence S
67004'09" W, a distance of 120.00 feet; thence S 22038'21" E, a distance of244.36 feet to a point
on the aforesaid centerline ofa 60 foot wide easement; thence S 87053'15" W, along said centerline,
a distance of 481.75 feet; thence S 67043'02" W, along said centerline, a distance of 501.80 feet;
thence departing said centerline N 22035'17" W, a distance ofl027.10 feet to the point-of-beginning.
Containing 29.20 :t acres more or less.
Being subject to a 60.00 foot wide easement for road and utility purposes as described in O.R. Book
2067, Page 1758; and FP&L easement as recorded in O.R. Book 4102, Page 1578; and a 17.0 foot
F.D.O.T. easement as recorded in Deed Book 285, Page 125-126 and O.R. Book 128, Page 278; all
as recorded in the Public Records of V olusia County, Florida, and any other easements and/or rights-
of-ways of record.
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Parcel relating to Ordinance #2004-0-43 as Low Density Residential:
A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast
Railway, a 100 foot R/W, and being more particularly described as follows:
Commence at the Northwest comer of said Section 24; thence S 00034'36" E along the west line of
said Section 24, a distance of 1400.00 feet; thence N 86018'56" E, a distance of3563.38 feet; thence
S 22038'21" E, a distance of627.80 feet to the Point-of-Beginning of this description to wit: thence
continue S 22038'21" E, a distance of244.36 feet to a point on the centerline of a 60.00 foot wide
easement as recorded in O.R. Book 2067, Page 1758 of the Public Records of Volusia County,
Florida; thence N 87053'15" E along said centerline a distance of 201.70 feet thence N 22055'51"
W, along the west line of lands as described in O.R. Book 5489, Page 3080 through 3083 of said
Public Records, a distance of31O.00 feet; thence S 87053'15" W, a distance of71.88 feet; thence
S 22038'21" E, a distance of19.51 feet; thence S 67004'09" W, a distance of120.00 feetto the Point-
of- Beginning.
Containing 1.22 acres more or less and being subject to a 60.00 foot road and utility easement as
recorded in O.R. Book 2067, Page 1758 of the Volusia County, Florida Public Records and any
other easements and/or rights-of-ways of record.
TOGETHER with lands described in O.R. Book 5489, Pages 3080-3083 and further described as
follows:
U A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast
Railway, a 100 foot R/W, and being more particularly described as follows:
Commence at the Northwest comer of said Section 24; thence S 00034'36" E along the west line of
said Section 24, a distance of 1400 feet; thence N 86018'56" E, a distance of 3571.00 feet; thence
S 22055'51" E, a distance of 874.06 feet; thence N 87053'15" E, a distance of 189.25 feet to the
Point-of-Beginning; thence N 87053'15" E, a distance of 150.00 feet; thence N 22055'51" W, a
distance of310.00 feet; thence S 87053'15" W, a distance of 150.00 feet; thence S 22055'51" E, a
distance of 31 0.00 feet to the Point-of-Beginning.
Containing 1.00 acres more or less.
The southerly 30 feet as measured at right angles to the Southerly line of the above described
property is reserved for a road and utility easement. Together with the right to use the easement
described below:
Easement - a 60 foot road and utility easement between the Florida East Coast Railway and U.S.
Highway No.1 and being part of U.S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South,
Range 34 East as crosses the attached property, said easement begin that 30 foot strip of land lying
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#2005-0-22
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9
each side ofa line described as follows: As a point of reference, commence at the Northwest comer
of said Section 24, Township 18 South, Range 34 East; thence S 00034'36" E along the West line 0
of said Section 24, a distance of2619.48 feet; thence N 87053'15" E, a distance of2258.67 feet to
a point on the Easterly R/W line of the Florida East Coast Railway, a 100 foot R/W; thence N
22035'17" W along the said Easterly R/W line, a distance of 178.45 feet for the Point-of-Beginning;
thence N 89049'38" E, a distance of289.97 feet; thence N 67043'02" E, a distance of993.68 feet;
thence N 87053'15" E, a distance of 1340.95 feet to the termination of this description on the
Westerly R/W line of the U.S. Highway No.1.
Containing a total of 2.22 ::!: acres more or less in this parcel.
Parcel relating to Ordinance #2004-0-44 as Commercial:
A parcel of land lying in Section 24, Township 18 South, Range 34 East, V olusia County, Florida,
being more particularly described as follows:
Commence at the Northwest comer of said Section 24 and run South 00033'52" East 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 0018.24 feet to the Westerly 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 of688.39 feet; thence South 87053'15" West, a distance
of 318.25 feet; thence North 22055'51" West, a distance of 688.36 feet to the POINT OF
BEGINNING.
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Containing 4.70 acres ofland more or less.
Subject to an IngresslEgress 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.
Subject to a perpetual right-of-way easement for road purposes as described in Deed Book 285, Page
125, portions of which were released per Official Records Book 128, Page 278 inclusive the Public
Records of Vol usia County, Florida.
Total subject area containing 36.07 acres more or less.
Map of subject property is reflected on Exhibit "B" and incorporated herein.
#2005-0-22
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AGENDA REQUEST
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Date: September 29,2005
PUBLIC
HEARING
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RESOLUTION ORDINANCE October 10, 2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-23
Glenn D. Storch, requesting an amendment to the Comprehensive
Plan Future Land Use Map to include 154.97:f: acres of land
located west of US Highway I and northwest of William Street
as Low Density Residential with Conservation Overlay.
OWNER: Worthington Creek Investment LLC
APPLICANT/AGENT: Glenn D. Storch PA
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 subdivision
LOCATION: West of US Highway 1 and northwest of William Street
AREA: 154.97:1: Acres
Q CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County- Urban Low Intensity
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desi!!nation Zonin!! District
North Vacant V olusia County- Urban Low V olusia County - A-3 (Transitional
Intensity and Commercial Agriculture) and B-2 (Neighborhood
Commercial)
East Vacant, Warehouse, Volusia County - Urban Medium Volusia County - MH-5W (Urban
Service Shop Intensity and Urban Low Intensity Mobile Home), MH-IW (Mobile
Home Park), and B-4W (General
Commercial)
South Single-Family Volusia County - Urban Low Volusia County - A-3 (Transitional
Residential and Vacant Intensity Agriculture)
West Vacant Rural Volusia County - A-2 (Rural
Agriculture)
Background
The applicant is proposing a single-family residential subdivision, with a density ofJess than three (3) dwelling units
per gross acre.
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At their regular meeting of May 11,2005 the Planning and Zoning Board voted 6-0 to send a favorable
recommendation to City Council for the proposed amendment. City Council voted 5-0 to approve this request at first
CP A-0415 Belmont-murray
reading on June 6, 2005.
This request has been reviewed by the Florida Department of Community Affairs and all required State and local
regulatory agencies.
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Land Use Compatibility
The proposed Future Land Use designation is compatible with the surrounding area and the current County Future Land
Use designation. The proposed development is also consistent with the surrounding area.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The City
of Edgewater has verified that potable water is available along U.S. 1 and that sufficient water capacity exists for this
project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment Plant
and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate wastewater
treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with current
level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the proposed project
must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be completed and approved by City staff prior to development of this property.
Comprehensive Plan Consistency
V olusia County - Urban Low Intensity (ULI) - Areas for low density residential dwelling units with a range of.2 to 4
dwelling units per acre. In reviewing rezoning requests, the specific density will depend on locational factors,
particularly compatibility with adjacent uses and availability of public facilities. Provided however, lot sizes larger
than one acre may be allowed if there are similar lot sizes existing in the vicinity. This residential category is
generally characterized by single family type housing, e.g., single family detached and attached, cluster and zero lot
line. This category will allow existing agricultural zoning and uses to continue.
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This category may also allow neighborhood convenience uses (See Shopping Center defmition in Chapter 20) and
individual office buildings as transitional uses that meet the Comprehensive Plan's location criteria. The commercial
intensity should be limited in a manner to be compatible with the allowable residential density, with more allowable
intensity at intersections of heavily used roadways. In order to be considered compatible, the commercial
development should reflect comparable traffic generation, similar traffic patterns, building scale, landscaping and
open space, and buffers. Due to the nature of some of the commercial uses, additional landscaping and visual
screening shall be provided through the BPUD process when adjacent to low density residential in order to preserve
the character of the neighborhood. High intensive commercial use should be reserved to areas designated for
Commercial. All requests for non-residential uses within 1/4 mile of another jurisdiction shall require notification to
that jurisdiction.
City of Edgewater - Low Density Residential- 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 Edge water - Conservation Overlav - 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 defmition are areas within a public water well radius of 500 feet, within the I DO-year floodplain, and other areas
subject to environmental or topographic constraints. The area designated as Conservation Overlay on the FLUM is not
intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review
process to determine whether development should be permitted or if some form of mitigation may be necessary. If the
areas are determined not to be sensitive, than the underlying land use development density and/or intensity will be
applicable.
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CPA-0415 Belmont-murray
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Other Matters
Requests for rezoning, preliminary plat approval, construction plan approval and fmal plat approval shall occur at a
later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-23; amending the Comprehensive Plan Future Land Use Map to
include approximately 154.97:1: acres of land located west of US Highway 1 and northwest of William Street as Low
Density Residential with Conservation Overlay.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-23.
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
6-6-05
AGENDA ITEM NO.
6J
By:
~~~U.bd\
Robin Matusic "-
Paralegal
CPA-0415 Belmont-murray
3
ORDINANCE NO. 2005-0-23
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 TO INCLUDE
CERT AIN PROPERTY LOCATED WEST OF U. S. HIGHWAY
NO. 1 AND NORTHWEST OF WILLIAM STREET,
EDGEW A TER, FLORIDA AS LOW DENSITY RESIDENTIAL
WITH CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOL USIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION 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 FOR AN EFFECTIVE
DATE.
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WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 9J-ll, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
#2005-0-23
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held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2003),
on Wednesday, May 11,2005, on the proposed Plan Amendment and following that Public Hearing
voted and recommended that the City Council approve the aforesaid Amendment to the City's 2003
Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA:
PART A.
AMENDMENT.
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,
o 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 Exhibits "A" and "B".
PART B.
PUBLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2003). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment.
The first publication shall appear at least SEVEN (7) days before the first Public Hearing
(Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2003). The second publication shall appear
at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2.,
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#2005-0-23
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Fla. Stat. (2003). The required advertisement shall be no less than two columns wide by TEN inches
(10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall
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be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2003). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2005-0-23
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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 TO INCLUDE
CERTAIN PROPERTY LOCATED WEST OF U. S. HIGHWAY
NO. 1 AND NORTHWEST OF WILLIAM STREET,
EDGEW ATER, FLORIDA AS LOW DENSITY RESIDENTIAL
WITH CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA
GROWTH MANAGEMENT COMMISSION, VOL USIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY THAT HAS REQUESTED A
COPY OF THE PLAN AMENDMENT; PROVIDING FOR
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#2005-0-23
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CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will
be held on June 6, 2005 at 7 :00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater,
Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit "B '')
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2003).
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 2003
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2003). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITTAL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
#2005-0-23
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4
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
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Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance with Rule 9J-ll.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2003) and Rule 9J-l1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
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Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2003) &
Rule 9J-I1.011 (3), F.A.C.
PART E.
CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART F.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department
#2005-0-23
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of Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance and certification of consistency
from the V olusia Growth Management Commission.
PART G.
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 H. ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on June 6, 2005 is as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
#2005-0-23
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After Motion by
and Second by
on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
, the vote
AYE NAY
PASSED AND DULY ADOPTED this 10th day of October, 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
#2005-0-23
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7
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 10th day
of October, 2005 under Agenda Item No.
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EXHIBIT" A"
LEGAL DESCRIPTION
Parcel relating to Ordinance #2004-0-46:
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South ~ ofU. S. Government Lot 3, located in Section 24, Township 18 South,
Range 34 East, (as measured on the West line of U. S. Highway No.1), lying West of U. S.
Highway No. 1 and that part of Section 19, Township 18 South, Range 35 East, lying East of the
South Y2 ofU. S. Government Lot 3, Section 24, Township 18 South, Range 34 East and lying West
ofU. S. Highway No.1 and the South 548 feet of that part of the Northeast 1/4 of the Southwest 1/4
of said Section 24, lying East of the Florida East Coast Railway and the South 548 feet of that part
of the Northwest 1/4 of the Southeast 1/4 said Section 24, lying East of the Florida East Coast
Railway.
That part of the North ~ of U. S. Government Lot 3, located in Section 24, Township 18 South,
Range 34 East (as measured on the West line ofU. S. Highway No. 1), lying West ofU. S. No.1
Highway and that part of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the
Southeast 1/4 of Section 24, lying East of the FEC Railway except the South 548 feet and except
the North 247.7 feet of the West 990 feet of the Northwest 1/4 of the Southeast 1/4 and except the
North 247.7 feet of the East 446 feet of the Northeast 1/4 of the Southwest 1/4 of said Section 24.
Containing 74 ::!: acres more or less.
Parcel relating to Ordinance #2005-0-14:
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South ~ of the Southeast 1/4 of Section 24, Township 18 South, Range 34 East,
lying East ofFEC Railroad right-of-way, and that part of Section 19, Township 18 South, Range 35
East, lying West of U.S. No.1 Highway and East of said South Y2 of Southeast 1/4 of Section 24,
Township 18 South, Range 34 East, except the Northerly 250 feet.
and
The Northerly 250 feet of that part of the South Y2 of the Southeast 1.4 of Section 24, Township 18
South, Range 34 East, lying East of FEC Railroad right-of-way and that part of Section 19,
#2005-0-23
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Township 18 South, Range 35 East, lying West ofU. S. Highway No. 1 and East of said Northerly
250 feet of the South 1.2 of the Southeast 1.4 of Section 24, Township 18 South, Range 34 East, also 0
described as the North 250 feet of the Southwest 1/4 of the Southwest 1/4 of Section 19, Township
18 South, Range 35 East, lying West of U.S. Highway No.1 right-of-way.
Containing 80.97 i: acres more or less.
Total subject area containing 154.97 acres more or less.
Map of subject property is reflected on Exhibit "B" and incorporated herein.
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#2005-0-23
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AGENDA REQUEST
Date: September 30, 2005
PUBLIC
HEARING
~
RESOLUTION
ORDINANCE October 10, 2005
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-26
Robert E. Jalbert, Sr. requesting an amendment to
the Comprehensive Plan Future Land Use Map to
include 12.38::1:: acres of land located at 2203 and
2295 Cow Creek Road as Agriculture and Low
Density Transition with Conservation Overlay.
APPLICANT/AGENT: Robert E. Jalbert, Sr.
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property
as Agriculture and Low Density Transition with Conservation Overlay
PROPOSED USE: Single-family residential and agricultural
LOCATION: 2203 and 2295 Cow Creek Road
AREA: 12.38::1:: acres
CURRENT LAND USE: Single Family Residential/Agricultural
FLUM DESIGNATION: Volusia County - Rural
ZONING DISTRICT: V olusia County - A2 (Rural Agriculture)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Desiflnation Zoninfl District
North Borrow Pit Agriculture with Conservation Volusia County A-3
Overlay (Transitional Agriculture)
East Single family V olusia County Rural Volusia County A-2 (Rural
Residential Agriculture)
South VacantlSingle family V olusia County Rural Volusia County A-2 (Rural
Residential Agriculture)
West Vacanti Agriculture Volusia County Rural and City Volusia County A-2 (Rural
of Edgewater Mixed Use with Agriculture)
Conservation Overlay
CPA-0406- Jalbert12
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Background
This parcel is located on the southeast corner of Cow Creek Road and Eels Grove Road. The Planning and
Zoning Board voted 6-0 to send a favorable recommendation to City Council at their regular meeting of May 0
11, 2005. City Council voted 5-0 to approve the request at first reading on June 6, 2005. Staff has not
received any proposed development plans at this time.
This request has been reviewed by the Florida Department of Community Affairs and all other required
State and local regulatory agencies.
Land Use Compatibility
The current use ofthis property is compatible with the surrounding area, which is residential and agricultural in
nature.
Adequate Public Facilities
This site has access to Cow Creek Road and Eels Grove Road. City water and sewer is not available at this
time. Those facilities must be extended to this site at the developer's expense prior to any further development
of the property.
Natural Environment
Soil types include Eau Gallie Fine Sand
Vegetation - Generalized Agriculture Open Water
Consistency with Comprehensive Plan
V olusia County - Rural (R) - 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
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.
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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. 0
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
CPA-0406- Jalbert12
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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 - Af[riculture - (up to 1 unit per 2.5 acres) This category is mainly reserved for citrus
growers, farmers, ranches, horticulture and similar uses. However, a single-family residence is permissible not
exceeding one (1) unit per two and one half (2- ~) acres. Accessory structures and primary agricultural uses
may be permitted based upon the appropriate surrounding land uses. The Agricultural land use category is
considered a holding land use until adequate public facilities become available for more intense development.
City of Edgewater - Low Densitv Transition - (1 unit per gross acre) This residential category is limited to no
more than one unit per acre. The Low Density Transition land use category is considered a holding land use
until adequate public facilities become available for more intense development.
City of Edgewater - Conservation Overlav - The Conservation Overlay area shown on the Future Land Use
Map (FLUM) is intended to protect areas that may potentially contain protected wildlife habitat areas, hydric
soils/wetlands, mangrove swamps, estuarine marsh ecotone, freshwater marshes, special vegetative
communities. Included within the Conservation Overlay definition are areas within a public water well radius
of 500 feet, within the 1 OO-year floodplain, and other areas subject to environmental or topographic constraints.
The area designated as Conservation Overlay on the FLUM is not intended to prevent development, but rather
identify sensitive areas that need to be reviewed carefully during the review process to determine whether
development should be permitted or if some form of mitigation may be necessary. If the areas are determined
not to be sensitive, than the underlying land use development density and/or intensity will be applicable.
Other Matters
The Zoning Map amendment shall be completed at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-26; amending the Comprehensive Plan Future Land Use
Map to include 12.38:f: acres of land located at 2203 and 2295 Cow Creek Road as Agriculture and Low
Density Transition with Conservation Overlay.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-26.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
6-6-05
AGENDA ITEM NO. 6M
~~J I~p~\
Robin Matusick '-...
Paralegal
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Darren Lear
Development Services Director
CPA-0406- Jalbert12
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ORDINANCE NO. 2005-0-26
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERT AIN PROPERTY LOCATED AT 2203 AND 2295 COW
CREEK ROAD, EDGEW A TER, FLORIDA AS
AGRICUL TURE AND LOW DENSITY TRANSITION WITH
CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA
GROWTH MANAGEMENT COMMISSION, VOL USIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORT A TION 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 FOR AN EFFECTIVE
DATE.
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WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 9J-ll, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
#2005-0-26
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held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2003),
on Wednesday, May 11,2005, on the proposed Plan Amendment and following that Public Hearing
voted and recommended that the City Council approve the aforesaid Amendment to the City's 2003
Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT.
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 Agriculture and Low Density Transition with Conservation Overlay
for property described in Exhibits "A" and "B".
PART B.
PUBLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2003). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment.
The first publication shall appear at least SEVEN (7) days before the first Public Hearing
(Transmittal Hearing). 163.3184 ( 15) (b) 1., Fla. Stat. (2003). The second publication shall appear
at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2.,
#2005-0-26
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Fla. Stat. (2003). The required advertisement shall be no less than two columns wide by TEN inches
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(10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall
be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2003). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2005-0-26
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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 TO INCLUDE
CERTAIN PROPERTY LOCATED AT 2203 AND 2295 COW
CREEK ROAD, EDGEW A TER, FLORIDA AS
AGRICUL TURE AND LOW DENSITY TRANSITION WITH
CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY THAT HAS REQUESTED A
COPY OF THE PLAN AMENDMENT; PROVIDING FOR
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#2005-0-26
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CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will
be held on June 6, 2005 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater,
Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit HB '')
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2003).
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 2003
<.) Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2003). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITTAL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
o Division of Community Planning, Plan Processing Team, and all other items specified to be
#2005-0-26
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transmitted in accordance with Rule 9J-ll.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
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to the V olusia Growth Management Commission, V olusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2003) and Rule 9J-l1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
o
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2003) &
Rule 9J-l1.011 (3), F.A.C.
PARTE.
CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PARTF.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department
of Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance and certification of consistency
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from the V olusia Growth Management Commission.
PART G.
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 H. ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading of this ordinance held on June 6, 2005 is as follows:
AYE
Mayor Donald A. Schmidt X
V Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
NAY
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After Motion by
and Second by
on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
, the vote
AYE NAY
PASSED AND DULY ADOPTED this 10th day of October, 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
#2005-0-26
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7
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 10th day
of October, 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 #1
A part of Lots 7 and 8, Model Land Company's Subdivision of Lots 1 and 2 and fractional Northeast
1/4 of Section 8, Township 18 South, Range 34 East per map in Map Book 5, Page 188 of the Public
Records of V olusia County, Florida, excepting therefrom that part now in Florida East Coast
Railway RfW per Warranty Deed as recorded in Official Records Book 156, Page 57, Public
Records of V olusia County, Florida, all being more particularly described as follows: Commence
at the Southwesterly comer of Lot 9, said Model Land Company Subdivision, said point of
commencement also being the center of said Section 8, Township 18 South, Range 34 East; thence
North 01002'59" West along the Westerly line of said Lot 9, a distance of660.38 feet; thence North
89036'50" East, a distance of 428.37 feet to a point on the Easterly RfW line of said FEC Railway
RJW, said point being 300.00 feet Easterly of as measured at right angles to the centerline of said
RJW; thence North 17059'46" West along the said Easterly RJW, a distance of205.73 feet for the
Point of Beginning; thence continue North 17059'46" West, a distance of 487.29 feet to the
Northerly line of said Lot 8; thence North 89033 '41" East along the Northerly line of said Lots 7 and
8, a distance of790.21 feet; thence South 01002'44" East, a distance of232.60 feet; thence North
89033'41" East, a distance of215.00 feet; thence North 01002'44" West, a distance of232.60 feet
to the Northerly line of said Lot 7; thence North 89033'41" East along said Northerly line, a distance
of 124.42 feet to the Northeast comer of said Lot 7; thence South 01002'44" East along the Easterly
line of said Lot 7, a distance of330.81 feet; thence South 89035'15" West, a distance of677.98 feet;
thence South 01002'52" East, a distance of 134.40 feet; thence South 89036'50" West, a distance of
309.58 feet to the Point of Beginning. Excepting therefrom the Northerly 30.00 feet of the above
described property for road purposes. With an easement for egress and ingress over the East 15 feet
of the North ~ of Lot 7. Less and except that portion deeded in Official Records Book 4359, page
2243, Public Records of Vol usia County, Florida, also:
That portion of Lot 8, Model Land Company Subdivision of Lots 1 and 2, fractional Northeast
Quarter of Section 8, Township 18 South, Range 34 East, Volusia County, Florida, lying Easterly
of the centerline of Cow Creek Road, also known as Maytown Road, as it now exists.
PARCEL #2
A part of Lot 8, Model Land Company's Subdivision of Lots 1 and 2 and fractional Northeast 1/4
of Section 8, Township 18 South, Range 34 East per map in Map Book 5, Page 188 of the Public
Records of Vol usia County, Florida, and being more particularly described as follows:
#2005-0-26
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Commence at the Southwesterly comer of Lot 9, said Model Company Subdivision, said point of
commencement also being the center of said Section 8, Township 18 South, Range 34 East; thence 0
North 01002'59" West along the Westerly line of said Lot 9, a distance of660.38 feet; thence North
89036'50" East, a distance of 428.37 feet to a point on the Easterly R/W line of the FEC Railway
R/W, said point being 300.00 feet Easterly of and measured at right angles to the centerline of said
R/W and for the Point of Beginning; thence North 17059'46" West along the said Easterly R/W line,
a distance of205.73 feet; thence North 89036'50" East a distance of309.58 feet to the Easterly line
of said Lot 8; thence South 01002'52" East along said Easterly line, a distance of 196.10 feet to the
Southeast comer of said Lot 8; thence South 89036'50" West along the Southerly line of said Lot
8, a distance of249.61 feet to the Point of Beginning.
The Southerly 30.0 feet of Lot 8, subject to an easement for ingress and egress per OR 1223, Page
309, Public Records of Vol usia County, Florida.
A portion of Lot 8, Model Land Company Subdivision, according to map thereofrecorded in Map
Book 5, Page 188, of the Public Records of V olusia County, Florida, and being more particularly
described as follows: Commence at the Southeast comer of said Lot 8, thence South 89036'50" West,
along the Southerly line of Lot 8, a distance of 249.61 feet for the Point of Beginning; said point
being 300 feet Easterly of and measured at right angles to the old centerline of the Florida East Coast
Railway; thence continue South 89036'50" West, a distance of 105.00 feet; thence North 17059'46"
West, and parallel with said centerline of the railroad, a distance of 105.00 feet; thence North
89036'50" East, a distance of 105.00 feet; thence South 17059'46" East, a distance of 105.00 feet to
a point of Beginning.
Containing 12.38 :!:: acres more or less.
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Map of subject property is reflected on Exhibit "B" and incorporated herein.
#2005-0-26
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AGENDA REQUEST
Date: September 30. 2005
PUBLIC
HEARING
ORDINANCE October 10. 2005
RESOLUTION
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-30
Scott Tobin, requesting an amendment to the
Comprehensive Plan Future Land Use Map to include
30.0H acres ofland located east of US Highway I and
north of Jones Fish Camp Road as High Density
Residential with Conservation Overlay.
OWNER: Mid Florida Investments LLC
APPLICANT/AGENT: Scott Tobin
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as High
Density Residential with Conservation Overlay.
PROPOSED USE: Multi-family residential condominiums
LOCATION: East of US Highway I and north of Jones Fish Camp Road
AREA: 30.0 HAeres
U CURRENT LAND USE: Vacant
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FLUM DESIGNATION: V olusia County - Urban Medium Intensity and Industrial
ZONING DISTRICT: Volusia County - R-6W, R-4W, and 1-3W
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zonin!! District
North Vacant Volusia County - Industrial Volusia County - 1-3W (Waterfront
Industrial)
East Vacant/Indian River Volusia County - Urban Medium V olusia County - RCW (Resource
Intensity & Water Corridor) & R-6W (Urban Two Family
Residential)
South Vacant/Single-Family Volusia County - Urban Medium Volusia County - R-4W (Urban Single
Residential Intensity Family Residential) & R-6W (Urban
Two Family Residential)
West Vacant Volusia County - Urban Medium Volusia County - R-4W (Urban Single-
Intensity Family Residential) & B-4W (General
Commercial)
CPA-0505 - Tobin
Background
This property is located east of US Highway I and north of Jones Fish Camp Road. The applicant is proposing to
construct residential condominiums on the property. A Zoning Map amendment shall occur at a later date with
specifics regarding, but not limited to, number of units, building heights, setbacks, etc.
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At their regular meeting of May 11,2005 the Planning and Zoning Board voted to send a favorable recommendation
to City Council for the proposed amendment.
This request has been reviewed by the Florida Department of Community Affairs and all other required State and
local regulatory agencies.
The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council at their regular
meeting of May 11,2005. City Council voted 4-1 to approve the request at first reading on June 6, 2005.
Land Use Compatibility
The majority of the surrounding area is vacant and residential. To the north is undeveloped industrial property. The
proposed condominiums are compatible with the medium to high-density residential usage currently proposed for
property east of US Highway 1 within the City.
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 l2-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
An environmental impact study must be submitted and approved by City staff prior to development of this site.
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Comprehensive Plan Consistency
Vo/usia 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 V4 mile of another jurisdiction shall
require notification to that jurisdiction.
Vo/usia County- Industria/
This category accommodates the full range of industrial activities. Quarrying activities and ancillary uses may also
be approved in areas designated Industrial where compatible with the surrounding area and the environment.
The specific range and intensity of uses appropriate in a particular Industrial area varies by location as a function of
the availability of public services and access, and compatibility with surrounding uses shown on the Land Use Plan.
Through the zoning review process, use of particular sites or areas may be limited to something less than the
maximum allowed in this category.
Existing Industrial uses not indicated on the Future Land Use Map may be consistent with the Plan if it complies
with Number 16 of the Interpretation Section.
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CPA-0505 - Tobin
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City of Edgewater- High Density Residential
(8.1 to 12 units per gross acre) This residential category typically includes townhouses and multi-family housing at
densities between eight (8) and twelve (12) acres.
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 DO-year floodplain, and other areas subject to environmental or
topographic constraints. The area designated as Conservation Overlay on the FLUM is not intended to prevent
development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine
whether development should be permitted or if some form of mitigation may be necessary. If the areas are determined
not to be sensitive, than the underlying land use development density and/or intensity will be applicable.
Other Matters
A Zoning Map amendment will be heard at a later date.
ST AFF RECOMMENDA nON
Staff recommends approving Ordinance No. 2005-0-30, amending the Comprehensive Plan Future Land Use Map to
include 30.01:1: acres ofland located east of US Highway 1 and north ofJones Fish Camp Road as High Density
Residential with Conservation Overlay.
ACTION REOUESTED
Motion to approve Ordinance No. 2005-0-30.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
6-6-05
AGENDA ITEM NO.
60
Respectfully Submitted By:
\lQ\~
~~~J~('.1i
R ill Matuslck "-
Paralegal
CPA-0505 - Tobin
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ORDINANCE NO. 2005-0-30
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 TO INCLUDE
CERTAIN PROPERTY LOCATED EAST OF U. S. HIGHWAY
#1 AND NORTH OF JONES FISH CAMP ROAD,
EDGEW A TER, FLORIDA AS HIGH DENSITY RESIDENTIAL
WITH CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA
GROWTH MANAGEMENT COMMISSION, VOL USIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION 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 FOR AN EFFECTIVE
DATE.
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WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F .S.
and Rule 9J-ll, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
#2005-0-30
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held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2003),
on Wednesday, May 11,2005, on the proposed Plan Amendment and following that Public Hearing
voted and recommended that the City Council approve the aforesaid Amendment to the City's 2003
Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA:
PART A.
AMENDMENT.
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 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 High Density Residential with Conservation Overlay for property
described in Exhibits" A" and "B".
PART B.
PUBLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2003). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment.
The first publication shall appear at least SEVEN (7) days before the first Public Hearing
(Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2003). The second publication shall appear
at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2.,
#2005-0-30
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Fla. Stat. (2003). The required advertisement shall be no less than two columns wide by TEN inches
(10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall
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be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 ( 15) (c) 2. b., Fla. Stat. (2003). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2005-0-30
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AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERT AIN PROPERTY LOCATED EAST OF U. S. HIGHWAY
#1 AND NORTH OF JONES FISH CAMP ROAD,
EDGEW ATER, FLORIDA AS HIGH DENSITY RESIDENTIAL
WITH CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOL USIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY THAT HAS REQUESTED A
COpy OF THE PLAN AMENDMENT; PROVIDING FOR
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#2005-0-30
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CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will
be held on June 6, 2005 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater,
Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit "B")
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2003).
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 2003
Q Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2003). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITTAL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
Q Division of Community Planning, Plan Processing Team, and all other items specified to be
#2005-0-30
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transmitted in accordance with Rule 9J-l1.006, F.A.C. The City Manager or his designee shall also,
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immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2003) and Rule 9J-l1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St.
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Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2003) &
Rule 9J-I1.011 (3), F.A.C.
PARTE.
CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART F.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department
of Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance and certification of consistency
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from the V olusia Growth Management Commission.
PARTG.
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 H. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on June 6, 2005 is as follows:
AYE NAY
Mayor Donald A. Schmidt X
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Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X -
After Motion by and Second by , the vote
on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Q
Councilwoman Judy Lichter
#2005-0-30
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PASSED AND DULY ADOPTED this 10th day of October, 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
#2005-0-30
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CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 10th day
of October, 2005 under Agenda Item No.
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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.
Lot 15, 16,26,27 and the Easterly 100' of Lot 25, RIVERFRONT ESTATES, Unit No.2, as
recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida.
The South 100' of Lot 6, RIVERFRONT ESTATES, as recorded in Map Book 19, Page 18 of the
Public Records of V olusia County, Florida. Together with any riparian rights appertaining thereto.
Lots 13 and 14, RIVERFRONT ESTATES, Unit No.2, a Subdivision according to map thereof
recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida. (Bearings
refer to RIVER PARK MOBILE HOME COLONY SECTION 2, Map Book 32, Page 107 and based
on the North line of Indian River Drive as N 68044'20" E).
Lots 28,31,32,35 and 36, RIVERFRONT ESTATES, Unit No. 2, as Recorded in Map Book 19,
Page 31 of the Public Records of V olusia County, Florida, and filled land lying East of said Lot 36,
together with, any and all accretions, riparian and littoral rights appertaining thereto.
U EXCEPTING THEREFROM:
A parcel of land in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES,
Unit No. 2, as recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida,
described as follows: Begin at the S.W. Comer of Lot 35, RIVERFRONT ESTATES, Unit No.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 ft; thence
N 69016'01" E, 633.63 ft, to a Point on the existing shoreline of the Indian River North; thence along
the meanders of said shoreline the following courses and distances, S 11051'56" E, 50.58 ft; thence
S 04022'24" E, 62.38 ft; thence S 35002'40" W, 52.93 ft; thence S 02035'13" W, 88.75 ft; thence S
56049'20" E, 35.84 ft; thence S 16014'06" E, 50.88 ft; thence S 20024'24" E, 23.6 ft; 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 ft to the Point of Beginning. Together with any and all accretions,
riparian and littoral rights appertaining thereto.
Containing 30.01 .:t acres more or less.
Map of subject property is reflected on Exhibit "B" and incorporated herein.
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(.C.
AGENDA REQUEST
Date: September 30,2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE October 10,2005
x
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-31
Rodney Jones, agent and applicant for A.S.D. Properties
Management LLC, requesting an amendment to the
Comprehensive Plan Future Land Use Map to include 100.66:1:
acres of land located east of Old Mission Road and north of
Mission Oaks Condominium as Medium Density Residential
with Conservation Overlay and Conservation.
OWNER: A.S.D. Properties Management LLC.
APPLICANT/AGENT: A.S.D. Properties Management LLC.
REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as
Medium Density Residential with Conservation Overlay and Conservation.
PROPOSED USE: Manufactured Home Park
LOCATION: East of Old Mission Road, north of Mission Oaks Condominium and south of Josephine Street.
AREA: 100.66:1: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: V olusia County - Low Impact Urban, Environmental Systems Corridor, and Urban Medium
Intensity
ZONING DISTRICT: V olusia County MH-5 (Urban Mobile Home), MH-I (Mobile Home Park), MH-7 (Mobile Home
Park) and RC (Resource Corridor)
VOTING DISTRICT: I
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant, Mobile Homes V olusia County - Environmental V olusia County -MH-2 (Mobile Home
Systems Corridor, Urban High & Recreation Park), MH-5 (Urban
Intensity, and Urban Medium Mobile Home), and RC (Resource
Intensity Corridor)
East Vacant, Mobile Homes, Volusia County - Environmental Volusia County- R-3 (Urban Single
Single Family Systems Corridor, Urban Medium Family Residential), MH-5 (Urban
Residential Intensity, and Urban Low Intensity Mobile Home), and RC (Resource
Corridor)
South Vacant and Single Volusia County - Environmental V olusia County - MH-5 (Urban
Family Residential Systems Corridor, Low Impact Mobile Home), RC (Resource
Urban Corridor)
West Vacant, Single Family Volusia County- Urban Medium V olusia County - R-4 (Urban Single
Residential, Mobile Intensity Family Residential), and MH-2
Home and Campground (Mobile Home & Recreation Park)
CPA-0506 - ASD PRoperties
Background
The majority of the property is zoned for Mobile Home usage within Volusia County. The applicant proposed to
annex into the City and develop consistent with the present County Future Land Use and Zoning.
The Planning and Zoning Board approved the annexation request for this property on March 9, 2005. The first
reading ofthe annexation request was approved by City Council on April 18, 2005.
The Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council at their regular
meeting of May 11,2005. City Council voted 5-0 to approve the request at first reading on June 6, 2005.
This request has been reviewed by the Florida Department of Community Affairs and all other required State and
local regulatory agencies.
Land Use Compatibility
The proposed manufactured home residential use is compatible with the surrounding area.
Adequate Public Facilities
This property has access to Old Mission Road. The property lies within the water and sewer service area of the City
of Edgewater per an agreement with both the City of New Smyrna Beach and the Utilities Commission of New
Smyrna Beach. Plans for utility lines in this area have been accommodated partially by the Western Reserve Area
Utilities Project. Adequate plant capacity exists to serve this area based on the density limitations for the existing
zoning.
Natural Environment
This property is heavily wooded, although some underbrushing has occurred. An environmental assessment shall be
completed prior to any development of this site.
Comprehensive Plan Consistency
Vol usia County - Low Impact Urban
Low Impact Urban (LlU) - Lands within the NRMA which are determined to be suitable for urban type
development, and are adjacent to existing urban development. Any land use considered to be urban may be permitted
within this category, but shall comply with standards consistent with the provision ofthe NRMA. The standard shall
include, at minimum:
1) a requirement to be serviced by central utilities as required by the Potable
Water and Sanitary Sewer Sub-elements;
2) designation of at least 50% of required open space as provided for in land
development regulations to be preservation of upland habitat and
sited in an ecologically strategic manner (e.g., adjacent to wetlands);
and
3) clustering of both residential lots into less than 1 acre in size and
non-residential buildings.
The gross residential density after the effective date of the Comprehensive Plan shall not exceed 1 dwelling unit per
acre, however, net density may be greater than 1 dwelling unit per acre.
Non-residential development shall be designed to protect the environmental resources included inside the NRMA. In
addition to the minimum standards above, non-residential development proposals shall be reviewed using the
following criteria:
1. reduced lot coverage for buildings or impervious surfaces if needed to
protect any environmental resources.
2. increased landscaped buffers that would be added to the protection of any
environmental resources on site (Le., 10% of required buffer);
3. reduced parking areas (if documented through the development review
analysis);
4. limitations on the type of industrial uses to insure neighborhood
compatibility, and
5. commercial would primarily be office, neighborhood convenience or an
ancillary use. More intensive commercial uses may be appropriate if
not adjacent to existing residential uses.
CPA-0506 - ASD PRoperties
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All requests for more intensive commercial uses (retail) on parcels greater than 8 acres shall be submitted as a
Planned Unit Development (PUD). The PUD shall be submitted to the VGMC for review to determine if a
Comprehensive Plan amendment is required or the project can proceed through the County's Zoning review process.
()
If a development or subdivision located inside a Low Impact Urban designation has been determined to be vested,
then that development or subdivision shall be considered consistent with the Comprehensive Plan.
This subcategory will be defined as an urban classification and all development which occurs in this classification
shall meet all appropriate urban policies.
Volusia County- Environmental Systems Corridor
Environmental System Corridor (ESe) - These consist of important ecological corridors consisting of environmentally
sensitive and ecologically significant lands. Land use activities occurring within these corridors shall not degrade these
natural functions and connections. The intention is to provide protected, natural pathways which connect to other
protected areas such as parks, conservation lands and water bodies. This inter-connection helps maintain the ecological
integrity and ecodiversity of the County's vast natural resources.
ESC's shall include significant interconnected natural systems of environmentally sensitive lands, connecting to and
including conservation areas where possible. The ESC's are not intended to include pre-existing improved, cultivated, or
developed lands unless such lands contain unique or exceptional ecological value. Conservation and silviculture, utilizing
Best Management Practices (BMP's), will be the preferred use, however, other compatible passive agricultural activities
may also be permitted such as, unimproved pasture. The primary consideration of compatible agriculture should be
potential adverse impacts to the short and long term ecological stability of the system, as well as adjacent lands and
waterways. The residential density after the effective date of the Comprehensive Plan shall not exceed I dwelling unit per
25 acres.
The Environmental System Corridor configuration displayed on the Future land Use Map is intended to show a
generalized location for the corridor. The actual boundaries will be established after the corridor has been reviewed to
determine the boundary in relation to a proposed development based upon site specific information and features. Any
adjustments will be included in the next amendment cycle.
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Volusia County- Urban Medium Intensity
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 1;4 mile of another jurisdiction shall
require notification to that jurisdiction.
City of Edgewater - Medium Density Residential
(5.1 to 8 units per gross acre) This urban scale Medium Density Residential category includes duplex, villa, cluster,
townhouse, mobile home, manufactured and multi-family housing at densities between five (5) and eight (8) units per
acre.
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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 I OO-year floodplain, and other areas subject to environmental or
topographic constraints. The area designated as Conservation Overlay on the FLUM is not intended to prevent
development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine
CPA-0506 - ASD PRoperties
3
whether development should be permitted or if some form of mitigation may be necessary. If the areas are determined
not to be sensitive, than the underlying land use development density and/or intensity will be applicable.
Other Matters
The Official Zoning Map amendment shall come at a later date.
STAFF RECOMMENDA nON
Staff recommends Ordinance No. 2005-0-31; Comprehensive Plan Future Land Use Map amendment to include
100.66:l:: acres ofland located east of Old Mission Road and north of Mission Oaks as Medium Density Residential
with Conservation Overlay and Conservation.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-31
PREVIOUS AGENDA ITEM:
YES
x
NO
DATE:
6-6-05
AGENDA ITEM NO.
6P
Respectfully Submitted By:
Gpb;' 1'rP'Y. ~
Robin Matusick
Paralegal
CP A-0506 - ASD PRoperties
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ORDINANCE NO. 2005-0-31
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 TO INCLUDE
CERTAIN PROPERTY LOCATED EAST OF OLD MISSION
ROAD AND NORTH OF MISSION OAKS, EDGEW A TER,
FLORIDA AS MEDIUM DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY AND CONSERVATION;
PROVIDING FOR PUBLICATION; PROVIDING FOR
HOLDING PUBLIC HEARINGS; PROVIDING FOR
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOL USIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEP ARTMENT OF TRANSPORT A TION 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 FOR AN EFFECTIVE DATE.
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation ofthe future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 9J-ll, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
#2005-0-31
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held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2003),
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on Wednesday, May 11,2005, on the proposed Plan Amendment and following that Public Hearing
voted and recommended that the City Council approve the aforesaid Amendment to the City's 2003
Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT.
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 0
Use Map to include property as Medium Density Residential with Conservation Overlay and
Conservation for property described in Exhibits "A" and "B".
PART B.
PUBLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 ( 15) (c), Fla. Stat. (2003). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment.
The first publication shall appear at least SEVEN (7) days before the first Public Hearing
(Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2003). The second publication shall appear
at least FIVE{5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2.,
#2005-0-31
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Fla. Stat. (2003). The required advertisement shall be no less than two columns wide by TEN inches
(10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall
be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 ( 15) (c) 2. b., Fla. Stat. (2003). The advertisement shall
substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2005-0-31
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY LOCATED EAST OF OLD MISSION
ROAD AND NORTH OF MISSION OAKS, EDGEWATER,
FLORIDA AS MEDIUM DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY AND CONSERVATION;
PROVIDING FOR PUBLICATION; PROVIDING FOR
HOLDING PUBLIC HEARINGS; PROVIDING FOR
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOL USIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COpy OF THE PLAN
#2005-0-31
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AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
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A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will
be held on June 6, 2005 at 7 :00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater,
Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit "B '')
The advertisement shall contain a geographical-location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2003).
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 2003
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the 0
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 ( 15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Stat. (2003). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D.
TRANSMITTAL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be 0
#2005-0-31
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transmitted in accordance with Rule 9J-11.006, F.A.C. The City Manager or his designee shall also,
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immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the V olusia Growth Management Commission, V olusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2003) and Rule 9J-11.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
V olusia Growth Management Commission, V olusia County, Regional Planning Council, the St.
o Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2003) &
Rule 9J-11.011 (3), F.A.C.
PART E.
CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PARTF.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department
of Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance and certification of consistency
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from the V olusia Growth Management Commission.
PART G.
SEVERABILITY AND APPLICABILITY.
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If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART H. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on June 6, 2005 is as follows:
AYE NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
o
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by
and Second by
, the vote
on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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PASSED AND DULY ADOPTED this 10th day of October, 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
#2005-0-31
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7
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 10th day
of October, 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.
LEGAL DESCRIPTION RELATING TO ANNEXATION (JONES) ORDINANCE #2005-0-
11:
LEGAL DESCRlPTION (OR BOOK 2450, PG 1863)
PARCEL A:
The following land in V olusia County, Florida:
All of Block "D" except Lot 2 West of Canal and North of Road; that part of Lot 1, Block "E" lying
South of Road, except that portion described as follows: Beginning at the Southwesterly corner of
said Lot 1, Block "E", thence Northerly along the Westerly line of said Lot, a distance of 325 feet
to the Point ofIntersection of the West line of Lot 1 with the County Road; thence Northerly along
County Road a distance of225 feet; thence Southeasterly 575 feet more or less to the Southeasterly
corner of said Lot; thence Westerly along Southerly line to the Point of Beginning, all being situated
in the JAMES LUPE SUBDIVISION, per Map Book 2, page 33, Public Records of V olusia County, 0
Florida.
ALSO:
That part of Lot 5 of the middle 1/3 ofthe AMBROSE HULL GRANT, according to the map in Map
Book 1, Paged 141, described as follows: Beginning at the Southeast corner of Block "D" of JAMES
LUPE'S SUBDIVISION of the AMBROSE HULL GRANT, thence Southerly on a line being the
extension of the East line of Block "D", a distance of 220 feet; thence Westerly to the Southwest
corner of said Block "D"; thence Easterly along the South line of said Block "0" to the Point of
Beginning, except that part described as follows: Property in Block "D" of the JAMES LUPE
SUBDIVISION, per Map Book 2, Page 33, Public Records of Vol usia County, Florida, described
as follows: Commence at the SE corner of Block "0" of JAMES LUPE SUBDIVISION; thence
Southerly on a line being the extension of the East line of Block "D", a distance of220.1 feet; thence
South 67022' West 1223.6 feet; thence North 76032' West 352.26 feet; thence North 22046'20" East
735.77 feet; thence South 67013'40" East 277.66 feet; thence South 22046'20" West 55 feet; thence
South 17020'40" East 10 feet for the Point of Beginning; thence South 17020'40" East 225 feet;
thence South 72039'20" West 133.33 feet; thence North 17020'40" West 225 feet; thence North
72039'20" East 133.33 feet to the Point of Beginning.
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TOGETHER WITH:
LEGAL DESCRIPTION (OR BOOK 2476, PG 1012)
PARCEL "A":
A parcel ofland in the middle of)fd of the AMBROSE HULL GRANT, (said Middle 3rd lying and
being in Section 44, T-17-S; R-33-E and Section 53, T-17-S; R-34-E) and described as follows:
Commence at the Northeast corner of said Middle 3rd; thence Southerly along the East line of the
HULL GRANT 1631.6 feet for the Point of Beginning; thence S 23030' E, 1531.52 feet along the
Easterly line of HULL GRANT; thence S 64042' W. 2331.76 feet; thence N 13026'30" E, 1806.24
feet; thence N 4013' W, 69.25 feet; thence N 65050' E, 1223.63 feet to the Point of Beginning,
Containing 61.56 acres more or less and all being in said AMBROSE HULL GANT;
PARCEL "B":
A parcel of land in the Middle Third of the AMBROSE HULL GRANT, said Middle Third lying
and begin in Section 44, Township 17 South, Range 33 East and Section 53, Township 17 South,
Range 34 East and described as follows: Commence at the Northeasterly corner of said Middle
Third, thence Southerly along the Easterly line of the AMBROSE HULL GRANT, 1631.6 feet,
thence South 65050' West, 1223.63 feet for the Point of Beginning ofthe description, thence S 4013'
E, 69.25 feet; thence N 76036' W, 556.56 feet to the Mission Road (Old Turnbull Hammock Road)
thence with the said Road N 22022' E 66.82 feet, thence S 76036' E, 525.49 feet to the Point of
Beginning ofthis description. Subject to an easement over Parcel "B" for road purposes.
PARCEL "C":
A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle
3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8,
Page 125, ofthe Public Records of Vol usia County, Florida, being described as follows: Commence
at the Southeasterly corner of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North
21 000'00" West, along the Easterly line of said Block "F", a distance of 1300.00 feet; thence South
69012'53" West, a distance of 1548.04 feet for the Point of Beg inning; thence South 21000'00" East,
a distance of281.30 feet; thence South 69012'53" West, a distance of 1548.14 feet; thence North
21001'46" West, a distance of281.30 feet; thence North 69012'53" East, a distance ofl548.29 feet
to the Point of Beginning.
Subject to and together with a 30 foot easement for ingress/egress and utilities described as follows:
A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle
3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8,
Page 125, ofthe Public Records of Vol usia County, Florida being described as follows: Commence
at the Southeasterly corner of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North
21000'00" West, along the Easterly line of said Block "F", a distance of 1300 feet; thence South
#2005-0-31
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9
69012'53" West, a distance of 1548.04 feet; thence South 21000'00" East, a distance of 125.65 feet
for the Point of Beginning; thence continue South 21000'00" East, a distance of 30.00 feet; thence 0
South 69012'53" West, a distance of 12.54 feet; thence North 65047'07" West, a distance of 177.69
feet; thence South 69012'53" West, a distance of 1631.58 feet to the Easterly line of Old Mission
Road, as now occupied; thence North 02026'47" West, along said Easterly line of Old Mission Road,
a distance of 31.61 feet; thence North 69013'32" East, a distance of 1634.07 feet; thence South
65047'07" East, a distance of 177.69 feet to the Point of Beginning.
Containing 110.66 i: acres more or less.
Map of subject property is reflected on Exhibit "B" and incorporated herein.
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AGENDA REQUEST
CM: 2005-139
Date: October 5. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS October 10. 2005
ITEM DESCRIPTION:
Boundary survey and topographic survey for 17.64i: acre site to be purchased for water and
reclaimed improvements and an animal facility.
BACKGROUND:
The City has agreed to purchase 17.64i: acres from V olusia County for water system improvements,
reclaimed water system improvements and the site of the new animal facility. The City must
complete a due diligence review prior to closing. The review requires a boundary and topo survey.
STAFF RECOMMENDATION:
Authorize Gierok Engineering, Inc. to provide professional survey services for 17.64i: acres.
ACTION REOUESTED:
Motion to approve Work Order #2002-23 in the amount of $20,240.00 for survey services.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~
City Manager
I :\Iiz _ docs\agendarequests\ I 7 acresitesurveyservices
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P.O. 1975
WORK ORDER NO. 2002-23
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AGREEMENT FOR PROFESSIONAL SERVICES
GIEROK ENGINEERING, INC.
PROJECT:
Volusia County Sale To City of Edgewater
Boundary & Topographic Survey
17.64 acres - 3930 US Highway #1 (parcel #8413-00-00-0010)
CITY:
Edgewater, Florida
CONTRACTED
PROFESSIONAL:
Gierok Engineering, Inc.
Execution of Work Order Number 2002-23 by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform the 0
professional services as listed in the attached Proposal for the purchase of the 17.64 acres from
Volusia County (attached hereto and incorporated herein as Attachment "A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall not exceed an overall period
of ninety (90) days.
COMPENSATION:
The total fee for these services will not exceed an amount of twenty thousand two hundred
forty and noli 00 dollars ($20,240.00). Each invoice shall also be accompanied by a written
. concurrence from the City Manager.
(AgreementlEngineering Services - Gierok-Work Order#2002-23)
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CITY OF EDGEW A TER, FLORIDA
Dated:
By:
Kenneth R. Hooper
City Manager
WITNESSES:
GIEROK ENGINEERING, INC.
By:
Kathleen N. Gierok, P.E.
President
Dated:
(AgreementJEngineering Services - Gierok-Work Order#2002-23)
2
" Glerok
Engineering, 'Inc.
September 14,2005
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PRO 0518
Ms. Elizabeth ~cBride
City of Edgewater
P.O. Box 100
Edgewater, FL 32132
RE:
Volusia County 17-acre Parcel,,Topographic Survey
Parcel No.: 13-18-34-00-00-00,10
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SEP 1 4 Z005
C;ilY ATff~.lli'!!V
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SUBJECT: Proposal for Engineering and Surveying Services
Dear Liz:
Weare pleased to present this proposal for pre1i.miI;1ary engineering and surveying services for
an approximately 17-acre parcel located at 3930 U~. Highway #1. These services generally
include a topographic survey of the site for the sitedevelopinent of said property by the City of
Edgewater. b
We have employed the services of Honeycutt and: ociates, Inc. to assist us in this task. The
scope of the work shall include a topographic surv y of one-foot contpurs, and includes
identification of all improvements including well sites, building, and canals. 0
We propose to complete the project within 45 days of a written notice to proceed for a lump
sum cost of$14,850.00.
We appreciate the opportunity to provide continued. engineering services to the City and look
forward to our future endeavors with the City.
Very Truly Yours,
GIEROK ENGINEERING, INC.
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KathleenN. Gierok, P.E.
Principal
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Cc: Robin Matusick, City of Edge water
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1835 Edaewater Drive. Orlando. Florida. 32804 . 407.244.8580. fax 407.244. 8S81 . emal1: gierok@gterokeng.com
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AGENDA REQUEST
Date: October 4,2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
OTIIER
BUSINESS
CONSENT
x
ITEM DESCRIPTION:
The Police Chief is seeking Council's authorization to expend Law Enforcement Trust Funds
(LETF) in the amount of$2,000.00 to fully equip a detachment of Edgewater Officers to
participate in a joint honor guard unit with the City of New Smyrna Beach. The funds will be
used to purchase uniforms, leather, and other assorted items required for their assignment.
BACKGROUND:
The City of New Smyrna Beach Police Department recently decided to form an honor guard unit
to be used for ceremonial purposes supporting City and Police functions. In the spirit of inter-
City cooperation and reflecting our close ties with our sister City we were invited to participate in
making this a joint venture. Officers from both Edgewater and New Smyrna Beach Police
Departments will be used to form the unit. They will be available for ceremonial purposes,
special events, and other uses as requested by either City. Cooperating and training functions of
the unit will be through the New Smyrna Beach Police Department.
Outside the obvious functional part of this unit, it is also our desire to promote a positive image of
professionalism and cooperation between the communities of Edgewater and New Smyrna Beach.
STAFF RECOMMENDATION:
Staff recommends that the City Council approve the use of Law Enforcement Trust Funds in the
amount of$2,000.00 to purchase uniforms/equipment for the honor guard program.
ACTION REQUESTED:
Motion to approve the use of Law Enforcement Trust Funds in the amount of $2,000.00.
FINANCIAL IMP ACT: (FINANCE DIRECTOR)
SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
Respectfully submitted,
YES
AGENDA ITEM NO.
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NO
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Robin Matusick
Paralegal
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Kenneth R. Hooper
City Manager
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AGENDA REQUEST
Date: October 5, 2005
PUBLIC
HEARING
ORDINANCE
RESOLUTIONS
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Staff is requesting approval of the position of Victim Advocate. The proposed job description is
attached. This will be a full time temporary position. The annual salary of $36,082.00 will be fully
funded by the Victims of Crime Act grant. There are no matching funds required.
BACKGROUND:
In February, 2005 the Police Department submitted a grant application to the Florida Attorney
General's Office to fund a full-time position for Victim Advocate to service our community.
August 9, 2005, the City was informed by the State of Florida that the Edgewater Police Department
will be awarded the Victims of Crime Act grant in the amount of $36,082 for the 2005-2006 fiscal
year.
STAFF RECOMMENDATION:
It is the recommendation of staff that Council approve the grant-funded position of Victim
Advocate to service our community.
ACTION REQUESTED:
A motion to approve the full time temporary position of Victim Advocate for the fiscal year
2005-2006 at the annual salary of $36,082.00 to be fully funded by the Victims of Crime Act
grant.
FINANCIAL IMPACT (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO
DATE:
AGENDA ITEM NO.
Respectfully submitted,
J
RECEIVED
AUG 1 1 7005
CITY MANAGER
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STATE OF FLORIDA
CHARLIE CRIST
ATTORNEY GENERAL
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August 9, 2005
Chief Michael J. Ignasiak
Edgewater Police Department
Post Office Box 100
Edgewater, Florida 32132
Dear Chief Ignasiak:
It is a pleasure to inform you that the Edgewater Police Department will be
awarded a Victims of Crime Act (VOCA) grant in the amount of $36,082 for the 2005- 0
2006 funding cycle. This grant is awarded as a recognition of your agency's
commitment to provide services to crime victims in your community.
A member of my staff in the Bureau of Advocacy and Grants Management will
contact you soon to assist you with the administrative requirements of this grant. Your
continuing efforts to provide assistance to victims of crime are appreciated.
Sincerely,
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JOB DESCRIPTION
TITLE:
CLASSIFICATION:
FLSA: Non-Exempt
Victim Advocate
Administrative Support Personnel
DEPARTMENT:
SALARY RANGE:
Police
$24,650 - 42,90 I
GENERAL SUMMARY
Under general supervision performs independently acting as Victim/Witness Advocate, as liaison between the State
Attorney's Office, court related Federal and State agencies pursuant to applicable statutes, laws and ordinances. Reports to
the Detective Sergeant
PRIMARY DUTIES AND RESPONSIBILITIES: (aU duties may not be performed by aU incumbents)
Responds to calls related to children and senior citizens who have been determined to be victims of crimes pursuant to
Florida Statutes
Provides immediate assistance and coordination of victim ' s rights and provides immediate follow up; coordination of other
support services needed by the victim
Assists in the interview process regarding sexual or physical abuse cases or those involving neglect or exploitation to the
extent medical determination can be made
Responsible for planning and coordination of victim services for the duration of the criminal prosecution and/or appeal
process
Works closely with the State Attorney's Office and court ensuring the victim and/or all witnesses are properly notified and
coordinate their appearances and participation as necessary
Maintains extensive detailed case files on all victims relating to their respective cases and the fmal disposition of any
investigations or fmal court decisions
Performs a variety of miscellaneous duties such as:
Coordinates victim compensation paperwork through Federal and State agencies to ensure appropriate support is provided
Arranges counseling or other emotional and psychological support through appropriate Federal and State agencies
Arranges for and/or assists in providing transportation and other related functions, as transportation is available
Utilizes/operates and maintains various types of equipment required, specifically:
City Vehicle Computer Radio
Telephone Fax Machine Typewriter
Copying Machine Printer Answering Machine
...
Prepares, reviews and/or maintains various types of documents required, specificaUy:
Offense Reports Affidavits
Supplement Reports Photographs
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Interacts with the foUowing individuals in the performance of duties:
Immediate Supervisor State & Federal Agencies General Public
Co-workers Other City Personnel Business Persons
JOB SPECIFICATIONS
Education and Experience:
· High school graduate
· Completion of approved criminal justice courses
· Completion of Counseling/Psychological courses
· Valid Florida driver's license
· Any equivalent combination of training and experience that provides the required knowledge, skills and abilities
KNOWLEDGE
Must have knowledge of:
· Departmental Policies and Procedures
· Methods, practices and procedures as they relate to City, County, State and Federal government laws and ordinances
· Organizational and operational functions as they pertain to the assigned duties and responsibilities of the job
· Documentation and records required by the Department, City, State and Federal agencies
· Legal rights of accused persons and victims
· Infectious disease control and decontamination
· Computer operating systems and department related programs
· Business English, speIling and arithmetic
· Equipment, machinery, tools and agents used in the performance of duties
· The operation, maintenance, limitations and safety precautions for all activities
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SKlLlSlEFFORT
MUST HAVE THE ABILITY TO:
· Keep abreast of ordinances, codes and regulations pertaining to the Victim Advocate responsibilities
· Complete daily activities within assigned time frames
· Understand and apply oral and written instructions
· Communicate in an effective and professional manner
· Utilize office equipment proficiently
· Work under a degree of stress related duties, which requires concentration and deadlines with constant interruptions
· Perform work in a safe and effective manner
· Manage multiple issues and projects
· Organize, prioritize and complete job tasks
· Use some independent judgment and discretion in the performance of duties and maintain the integrity of confidential
information
· Establish and maintain effective working relationships with all individuals involved in the activities of the department
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EnvironmentalfWorking Conditions:
· Irregular work hours and on-call status at any time
. Office environment with significant exposure to computers
. Also works with some degree of exposure to discomforting and dangerous working conditions; blood born pathogens,
etc.
. Physical exertion varies when responding to critical situations and may require lifting/moving items up to 25 pounds
· Routine travel is required
. Occasional overnight travel is required
· Other physical/mental requirements may apply
Supervisory/Budget Authority:
· None
DISCLAIMER STATEMENT
This job description is not intended as complete listing of job duties. The incumbent is responsible for the performance of
other related duties as assigned/required.
APPROVAL OF VICTIM ADVOCATE DESCRIPTION
DEPARTMENT DIRECfOR:
PERSONNEL DIRECfOR
DATE
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9.\\
AGENDA REQUEST
Date: 10/5/05
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS
CONSENT
10/10/05
ITEM DESCRIPTION:
Emergency Drainage Work
Beck's Grove Road
Canal Relocation and Improvements
BACKGROUND:
The design for Coral Trace Subdivision provides for the
stormwater system to "pop-off" into Beck's Grove Road canal
during major storm events. Beck's Grove Road is a County
platted road which the County does not maintain. The Beck's
Grove Road canal has been found to be on private property and
not within the dedicated easement. As we are currently in
hurricane season and do not want to compromise the private
properties adjoining the canal in its current location, City staff
feels it is in the public interest to locate the canal to convey the
Coral Trace Subdivision stormwater discharge within the existing
public right-of-way and allow proper maintenance and legal
access. City staffhas coordinated and initiated permitting for the
construction with Volusia County. The developer of Coral Trace
Subdivision has contributed $90,000 to the City of Edgewater to
address the stormwater situation. Halifax Paving, Inc., (the road
and drainage contractor for Coral Trace), has negotiated with
City staff to provide all work at a not to exceed cost of $90,000 to
perform the County permitted improvements to Beck's Grove
Road easements to provide a new drainage canal with
appurtenances and provide a stabilized driving surface for 'the
residents living there as well as provide maintenance access to the
new canal. Halifax Paving, Inc. has performed for the City of
Edge\vater and is competent, reliable, and available to perform
this work immediately. By declaring this work an emergency, the
City can forgo the bidding process and accomplish the project
expeditiously.
STAFF RECOMMENDATION:
To declare the above described drainage work at Beck's Grove
Road an emergency and to authorize Halifax Paving, Inc. to
construct the improvements at a not to exceed cost of $90,000.
ACTION REQUESTED:
A motion to declare the drainage improvements on Beck's Grove
Road to be an emergency, and to authorize Halifax Paving, Inc. to
perform the necessary construction at a not to exceed cost of
$90,000.
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FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
DATE:
9/26/05
Respectfully submitted,
8B~
C:ThlyDociments\TerrysFiles\AgendaRequest
YES XX
NO
AGENDA ITEM NO.
9C
Q~\.\c:\o
Kenneth R. Hoo r
City Manager
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.D6/;JUI~. IV. LVU'\(IV:j~f\IY\6 67ellrrMY HUIYlt;) HALIFAX PAVING
Proposal or
Halifax Paving, Inc.
P.O. Box 730549 Ormond Beach, FI32l73
(J DATE~ 6110/2005 Phone 386-676-0200 Fax 386.676.0803
B-mail; hallfaxpavlng@cfl.rr.com
TO: City of Edge water
104 North Rivorside Drive
Edgewater, FL 32168
1m U~j
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TIMai:: 10:34 AM
ATTN: Mr. Ken Hooper
PHONE: 386~424.24S6 FAX:
JOB NAME: Coral Trace Off<e Drainage
LOCATED AT: Beck Grove Road
PLANS BY: Harpster Engineering
DATE OF PLANS: 11/3/2003
"'*pdces Are Good For Work Completed Through 06/30/05**
BTtlITEM
8" Shell
6" StabUh:ed Subbase
Grading
Sod..Bahia
Seed & Muloh
3 SOl X 6011 R.C.P.
38" X 6011 M.R.S.
O Staking
As-Bums
Clear &. Grubb
QUANTITY VNJr
83S SY
835 BY
1 LS
8100 SY
2500 SY
84 LF
1 EA
1 LS
tLS
1.3 AC
UNIT PRICE
.$ 8.50 $
$ 4.00 $
$ 30,000.00 $
$ 1.50 S
$ 0.45 $
$ 150.00 $
$ 5,000.00 $
S 3,000.00 $
$ 1,800.00 $
$ 10,000.00 $
iii".. THIS PROPOSAL DOES NOT INCLUDE 'ROCK
EXCAVATION AND/OR. BACKFILL OF ROCK
OR UNSUITABLE MATERlALSh~.
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7,097.50
3,340.00
30,000.00
12,150.00
1,125.00
12,600.00
5,000.00
3,000.00
J ,800.00
13,000.00
We propose to oxecute the sbovo stop" of work for the sum of:
EXCLVSIONS:
89,112.50
$
WE PROPOSE TO PWORM ONLY TIm WORK TiXPLICITL't DISSClUBEO ABOvg
ANY lTLllit OF WORK WHtCH IS NOT lOO'LlCllL Y DBSCRJB!:D ABOVE IS NOt JlIIQ.UDED IN TIUS PROPOSAl
THIS ITEMIZED PROPOSAL SHALL aliCOl\oID ^ BINDING ADDENDUM TO ^'NY CON'rnJ\CT DERIVED FROM THIS PROPOSAl...
Pcnnil A~plicllrloftS, l'ennit rcoc5.lmpBI:! Fees, or OIher Fees or~)' klnd arc NOT INCLUDliD In thIs Propo""l.
11113 Proposal may be wllllclr.lwn by u~Jrnol D~~cptcd w11l11n gO days.
All worlc 18 g\llltMtced tv bo III 5pcolflcd.
All work /alo ba complm~ ID 1l worlwJllDllko milliner llllcDrd/"SIO 51undllfll oODBlrUct1on pml:11ec~.
MY llllerntloa or devilllion from Ihe above scope otwork, will b~ ~L1111d only ',pcn wrll1en otdm.
Any alllll'alion or dl!-i:\tiOD trom 11.10 llbov0 scopB ofwork.lovolvlag exlm COSt'l. will become SIl elCtrn chl\t~ over nnd above th,~ Proposal.
O'Mler to ll!IIl}' File, Tornado, HlUri-.une llIId ollter nocc~!IalY insUl'3I\ce.
Our WOrkel!l3t8 folllo, ~ovctcd by Workll1lm'g Compe(l$allon 'nr,\lrnDce.
ACCCplaaco OfP"OpD~IlI-
U'rll~ abovo :oopo of work, speelfi\:3%lons.. condlrions, 9nd prieea are s8If~raelot)' ~nd tue hCIcby ococplcd.
Halifax Paving i, aullJgw.ccllo clo mo ....ork ell specified. Pa)'l'le'lll ~l bOl!lllde M oul1inc.d abovo.
Authori:zed Sign~h'lt
DlIte or ACb!J'~I\;e
Au\horiz.ed Slgnerurc
Dau! or A;c~llIn~e
'.
RICHARD W. FERNAN~EZ, RE.
MAR~A HAMPTON. P.E.
BRAD T. BLAIS, P.E.
DAVID A. KING, P.E.
ANDREW M. GIANNINI, P.E.
Quentin L. Hampton Associates, Inc.
Consulting Engineers
P.O. DRAWER 290247
PORT ORANGE, FlORIDA 32129-0247
TELEPHONE
386/761-6810
FAX # 386/761-3977
Email: qlha@qlha.com
October 7, 2005
~ .....~. .!~'. i
10-'\O-05All :59 RCVD
Mr. Terry Wadsworth
Director of Environmental Services
City of Edgewater
P.O. Box 100
Edgewater, FL 32132
Re: Beck's Grove Road Canal Relocation and Improvements
Dear Mr. Wadsworth:
Per your request, we have prepared the informational letter in preparation for the City Council's
reconsideration of this issue at their October 10, 2005 meeting. The original agenda request is
attached for reference.
Background:
The Coral Trace Subdivision design included a stormwater overflow discharge to an existing
ditch/canal located along the south side of Magnolia Subdivision. The owner of the property
(Rosen) of which the canal and parallel shell road traverse disagrees with the routing of this
discharge into the canal. The City and the developer of Coral Trace investigated the issue and
discovered an existing 30 foot wide right-of-way and an adjoining 30 foot wide ingress/egress
easement. The City, developer and County staff developed the solution to this situation as
described in the City's Agenda Request has been proposed.
Discussion:
This area is within the Gabordy Canal watershed which was evaluated by PEC in their Gabordy
Canal Watershed Stormwater Management Plan. Sheet 1 of the attached exhibits shows the
Coral Trace Subdivision and the canal relocation relative to the PEC Gabordy Plan basin and
flood plain map. As discussed in the attached excerpt from the PEC Gabordy Plan, the
Magnolia Subdivision perimeter ditches receive runoff from areas west and discharge to Old
Mission Road. Old Mission Road conveyance flows to the north to the Gabordy Canal once it
stages up high enough to crest over the Ragis Road/power line easement modeled "weir". As
discussed by PEC, the Old Mission Road conveyance also discharges to Turnbull Hammock
south of SR442 but is controlled by weirs at SR442. Sheet 2 of the attached exhibits show the
area of interest at a larger scale.
EW becks grove rd canal relocation and improve kl
Sheet 3 of the attached exhibits show the proposed improvements. The cross section shows the
proposed shell road and ditch relative to the existing road and ditch. The improvements include
the re-establishment of the connection from the ditch along the west side of Magnolia
Subdivision via the construction of a 18" pipe. The improvements also include the installation of
an equivalent 3D" pipe and diversion headwall discharge at Old Mission Road per the County's
request.
Opinion:
Due to the short timeframe allowed for this report, additional analysis/information would be
needed to fully evaluate the proposed improvements if so desired by the City Council. With our
limited analysis, we offer the following recommendations/comments:
~ We recommend that the City proceed with the ditch/canal and road relocation to
address the private property concerns.
~ The proposed ditch/canal appears to have equal or greater capacity than the existing
conveyance.
~ The City in its further stormwater master planning effort should evaluate the adequacy
of the 18" pipe from the west and the performance of the diversion structure. Further
evaluation may show these facilities in need of upsizing/modification.
~ No wetland, listed species or tree preservation analysis was completed by our firm.
Contact our office if you have any questions.
Sincerely,
vaASSOClATES,INC
DavidA King, P.E.
Project Manager
DAK: kl
EW becks grove rd canal relocation and improve kl
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QUENTIN L. HAMPTON ASSOC.
CONSULTING ENGINEERS
P.O. DRAWER 290247
PORT ORANGE, FL 32129
(386) 761-6810
SHEET NO. 2
OF 3
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AGENDA REQUEST
Date: September 22, 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS 10/1012005
ITEM DESCRIPTION:
Work Order #2005-01
B&H Consultants, Inc. work order for engineering services as
proposed for Rotary Park Improvements.
BACKGROUND:
Thanks to Hurricane Charley, the Shuffleboard facilities and racquetball courts at Kennedy Park
were destroyed. Currently, Staff is proposing to construct new facilities at Rotary Park. FEMA has
requested a site plan and copy of all permits required for the project for their review before they
approve construction of the project. Funding for this project is budgeted with Recreational Impact
Fees and General Funds. The cost of these services may be reimbursed by FEMA.
U STAFF RECOMMENDATION:
u
Staff recommends that City Council authorize the City Manager to issue a work order to B&H
Consultants, Inc. in the amount of $67,354.00 for engineering services and up to $5,000.00 for
reimbursable costs for a total of $72,354.00.
ACTION REQUESTED:
Motion to authorize City Manager to issue a work order to B&H Consultants, Inc. in the amount of
$67,354.00 for engineering services and up to $5,000.00 for reimbursable costs for a total of
$72,354.00.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
No
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully submitted,
~~ ?=?'r/~\
Robin Matusick "-
Paralegal
Corder
epartment Director
'L-
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P.O. 1973
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WORK ORDER NO. 2005-01
AGREEMENT FOR ENGINEERING SERVICES
B & H CONSULTANTS, INC.
PROJECT:
Rotary Park Improvements
CITY:
Edgewater, Florida
CONTRACTED
PROFESSIONAL: B & H Consultants, Inc.
Execution of Work Order Number 2005-01 by the City, shall serve as authorization for
Engineer to provide professional services for the above project.
RESPONSIBILITY OF THE ENGINEER:
Engineer shall provide said professional services pursuant to this Work Order, to perform the
V professional services as listed in the attached Proposal for the Rotary Park Improvements (surveying,
geotechnical investigation, planning, engineering and construction administration) (attached hereto
and incorporated herein as Attachment "A").
TIME FOR COMPLETION:
The professional services authorized by this Work Order shall not exceed an overall period
of one (1) year.
COMPENSATION:
The total fee for these services will not exceed an amount of sixty-two thousand three
hundred fifty-four and nolI 00 dollars ($62,354.00). Reimbursable costs (postage, copies, mileage,
etc.) will not exceed an additional amount of five thousand and no/IOO dollars ($5,000.00). Each
invoice shall also be accompanied by a written concurrence from the Director of Leisure Services.
v
(AgreementJEngineering Services - B&H-Work Order#2005-01)
1
Dated:
WITNESSES:
(AgreementJEngineering Services - B&H-Work Order#2005-01)
2
CITY OF EDGEW A TER, FLORIDA
By:
Kenneth R. Hooper
City Manager
B & H CONSULTANTS, INC.
By:
James W. Shira, P.E.
Vice-President
Dated:
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Professional Services Proposal for the City of Edgewater
Rotary Park Improvements
September 12, 2005
I.
Project Description
The City of Edgewater has requested a proposal from B&H Consultants, Inc. (B&H) for
professional services related to design and construction of park improvements at Rotary Park.
These improvements include 16 shuffleboard courts, 2 racquetball courts, relocation of a
basketball court, a metal building with a meeting room, restrooms, and equipment storage area
for the shuffleboard club, and the associated site improvements including parking and
stormwater retention. The services proposed by B&H in order to accomplish this project include
surveying, geotechnical investigation, planning, engineering, and construction administration.
The proposed work will entail a boundary and topographical survey, geotechnical evaluation,
design of the park site improvements, assistance with bidding the project for construction,
construction inspection, and construction administration.
Work products will include a boundary and topographic survey, geotechnical evaluation report,
construction drawings for the site work, research to select the metal building, all necessary
permits from State and local agencies, construction inspection logs, and all close out documents.
II.
Scope of Services
The following outline identifies the tasks to be completed by B&H to design and oversee
construction of the Rotary Park improvements.
Task 1: Boundary and Topographical Survey and Geotechnical Evaluation
B&H will obtain through sub-consultants, a boundary and topo survey of the Rotary
Park property, and a geotechnical evaluation of the site to provide information on
drainage characteristics and suitability of site soils for court and building foundations.
Task 2: Preliminary Site Plan
B&H will prepare a preliminary layout of the proposed improvements and will meet
with City staff and shuffleboard club representatives to ensure that the Preliminary
plan meets with their approval. If requested, B&H will present the Preliminary Plan to
the City Council for their review.
Task 3: Metal Building Research
B&H will research available metal buildings that meet the size requirements as
defined by the City and recommend exterior cladding material and finish.
Task 4: Construction Plans and Cost Estimates
B&H will prepare final engineering plans and specifications for the site improvements.
Site plans will indicate the horizontal and vertical location of all proposed structures,
and will provide for appropriate grading and drainage, water and wastewater utilities,
parking, and site lighting. B&H will not provide structural design drawings for the
metal building. Upon completion of the final engineering drawings, B&H will prepare
an estimate of probable cost for the work.
Task 5: Permitting
B&H will work with the St Johns River Water Management District to prepare permit 0
applications in order to obtain all necessary stormwater management permits for the
project. B&H will work with Volusia County to obtain a driveway connection permit
and any other applicable County permits.
Task 6: Assistance with Bid Package and Contractor Selection
B&H will assist the City with preparation of bid forms and will evaluate the bids
received, and make a recommendation to the City regarding acceptance or rejection
of the bids received.
Task 7: Construction Inspection and Administration Services
B&H will provide on-site inspection of the site improvements on the basis of an
average of 10 hours per week for the anticipated 16 week construction period. The
exact number of hours will be determined by the actual construction time. B&H will
provide inspection services to ensure that the project is built in general compliance
with the plans and specifications, and will review pay requests, shop drawings and
other correspondence to ensure that the intent of the project is met.
Task 8: Assistance with Final Completion including Documents and Walk-Through
Upon completion of the work, B&H will schedule afinal inspection of the project and
will prepare a punch list of any deficiencies noted. B&H will provide one additional
inspection after any punch list items have been corrected by the contractor, and upon
completion of all punch list items, B&H will prepare a letter of recommendation to the
City regarding the acceptability of the completed project.
III.
Schedule
o
The following identifies proposed timeframes. This schedule is based on an October 1, 2005
start date.
Task
1 - 30 days (begin October 1, complete by October 31,2005)
2 - 90 days, including Council approval (begin Oct. 1, complete by Dec. 30, 2005)
3 - 90 days (running concurrently with Task 2)
4 - 90 days, including Council approval (begin Jan.1, 2006, complete by April 1, 2006)
5 - 60 days (begin February 1, 2006, complete by April 1 , 2006)
6 - 90 days (begin April 1, 2006, complete by July 1 , 2006)
7 - 120 days (begin July 1, 2006, complete by November 1, 2006)
8 - 30 days (project completed and final documents submitted by November 30, 2006)
IV. Fees
B&H agrees to complete the above Scope of Work within the proposed timeframes for a fee not
to exceed $62,354.00.
Please see the attached fee schedule for a breakdown of the project costs.
Additional charges for reimbursable costs (postage, copies, mileage, etc.) will be invoiced as
they are incurred. Reimbursable costs are not expected to exceed $5,000.00. 0
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THE 'CITY OF EDGE WATER
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TO:
Mayor & City Council
POST OFFICE BOX 100. EDGEWATER, FLORIDA 32132-0100
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FROM:
CC:
City Clerk Susan Wadsworth
City Manager Kenneth Hooper
DATE: October 6, 2005
SUBJECT: Draft Petition for Charter Amendment
At the Monday, October 10th Council Meeting, under City Manager's Report, we will be
discussing a Draft Petition for a Charter Amendment presented to us by the Edgewater Citizen's
Alliance for Responsible Development Inc. They are looking to require that adoption of a
rezoning, comprehensive plan or comprehensive plan amendment be submitted to the City Council
requiring approval by an affirmative vote of a super-majority (majority plus one) of the Council.
Attached is the Charter Amendment being proposed by the Edgewater Citizen's Alliance for
Responsible Development, Inc. as well as Section 166.31 of the Florida Statutes. A copy of the
draft petition has been given to City Attorney Paul Rosenthal for his review.
EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
1714 Edgewater Drive,
Edgewater, Florida 32132
phone:(386) 428-2231
September 26, 2005
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Mr. Ken Hooper
City Manager
City of Edgewater
PO Box 100
104 N. Riverside Drive
Edgewater, FL 32132-0100
Re: Draft Petition for Charter Amendment
Dear Mr. Hooper:
Thank you for meeting with members of our committee last Friday to register our PAC, it
was very informative for us.
We would like to request that you submit our draft petition for Charter Amendment to the
Edgewater City attorney for an independent review of its form and content, and legal
opinion as to its propriety. It will be to everyone's advantage to have agreement on
these matters before actual signature collection activities begin.
We would greatly appreciate it if this review could be completed within two weeks, as
we are anxious to begin collecting signatures.
The cordiality extended by you and Ms. Wadsworth was greatly appreciated, and we
look forward to hearing from you soon.
Dorothy I. Car son,
Committee Chairperson
- -.0 - - - - -
/ Liz McBride
From: BJ Herrin [bjherrin@yahoo.com]
Sent: Sunday, September 25,20058:53 PM
To: SWadsworth@cityofedgewater.org;
Subject: FS 166.31 Charter amendments.-
The 2005 Florida Statutes
FI~C~/It~D
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(I 2005
CI,y.1,f.
'4^,AG~A
Title XII
MUNICIPALITIES
Chapter 166
MUNICIPALITIES
166.31 Charter amendments.-
(1) The governing body of a municipality may, by ordinance, or the electors of a municipality may, by
petition signed by 10 percent of the registered electors as of the last preceding municipal general
election, submit to the electors of said municipality a proposed amendment to its charter, which
amendment may be to any part or to all of said charter except that part describing the boundaries of such
municipality. The governing body of the municipality shall place the proposed amendment contained in
the ordinance or petition to a vote of the electors at the next general election held within the municipality
or at a special election called for such purpose.
(2) Upon adoption of an amendment to the charter of a municipality by a majority of the electors voting
in a referendum upon such amendment, the governing body of said municipality shall have the
amendment incorporated into the charter and shall file the revised charter with the Department of State.
All such amendments are effective on the date specified therein or as otherwise provided in the charter.
(3) A municipality may amend its charter pursuant to this section notwithstanding any charter
provisions to the contrary. This section shall be supplemental to the provisions of all other laws relating
to the amendment of municipal charters and is not intended to diminish any substantive or procedural
power vested in any municipality by present law. A municipality may, by ordinance and without
referendum, redefine its boundaries to include only those lands previously annexed and shall file said
redefinition with the Department of State pursuant to the provisions of subsection (2).
(4) There shall be no restrictions by the municipality on any employee's or employee group's political
activity, while not working, in any referendum changing employee rights.
(5) A municipality may, by unanimous vote of the governing body, abolish municipal departments
provided for in the municipal charter and amend provisions or language out of the charter which has
been judicially construed, either by judgment or by binding legal precedent from a decision of a court of
last resort, to be contrary to either the State Constitution or Federal Constitution.
(6) Each municipality shall, by ordinance or charter provision, provide procedures for filling a vacancy
in office caused by death, resignation, or removal from office. Such ordinance or charter provision shall
also provide procedures for filling a vacancy in candidacy caused by death, withdrawal, or removal from
the ballot of a qualified candidate following the end of the qualifying period which leaves fewer than
two candidates for an office
History.--s. 1, ch. 73-129; s. 1, ch. 86-95; s. 1, ch. 90-106; s. 43, ch. 90-315; s. 45, ch. 94-136.
9/26/2005
r
r
..
CITY OF EDGEW A TER CHARTER AMENDMENT -
SUPER-MAJORITY VOTE OF CITY COUNCIL REQUIRED FOR APPROVAL OF
REZONINGS, COMPREHENSIVE PLANS AND COMPREHENSIVE PLAN AMENDMENTS
NOTICE: 104.185 - Any person who knowingly signs a petition or petitions for a candidate, a minor political party, or an issue
more than one time commits a misdemeanor of the first degree, punishable as provided in s.775.082 or s 775.083.
PRINT NAME:
AS SHOWN ON VOTER /.0. CARD
STREET ADDRESS: (No P.O. Boxes)
CITY: EDGEWATER COUNTY: VOLUSIA STATE:.Eb... ZIP:
IS THIS A CHANGE OF ADDRESS FOR VOTER REGISTRATION?
YES
NO
VOTER REGISTRATION #
OR DATE OF BIRTH
I
I
X
SIGNATURE OF REGISTERED VOTER
DATE
J am a resident of the City of Edgewater, and a registered voter in the City, in the
County of Volusia, Florida, and hereby petition the city council to place the
following amendment to the City Charter on the ballot at the next general election.
BAllOT TITLE:
Adoption of a rezoning, comprehensive plan or plan amendment requires
super-majority city council approval.
BAllOT SUMMARY:
Shall the charter be amended to require that adoption of a rezoning,
comprehensive plan or comprehensive plan amendment submitted to the
city council requires approval by an affirmative vote of a super-majority
(majority plus one) of the council? Yes No.
FULL TEXT OF PROPOSED AMENDMENT: Article III, Sec. 3.11 (c) shall be amended to
add Sec. 3.11 (c)(1): Super-majority approval required for adoption of a
rezoning, comprehensive plan or comprehensive plan amendment submitted to
the city council.
Adoption of a rezoning, comprehensive plan or comprehensive plan
amendment submitted to the city council shall require approval by an
affirmative vote of a super-majority (majority plus one) of the council. This
amendment shall become effective immediately upon approval by the electors.
II CAN HELP: _Circulate Petitions _ Donate Money Contact me: Phi Email
IMAIL TO: EDGEWATER CITIZEN'S ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC.
I' 1714 Edgewater Dr., Edgewater, Fl 32132 ph: 386/428-2231
Pd. Pol. Adv. by Edgewater CItIzens' AII/snce for Responsible Development, Inc., PAC.