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02-04-2013
Voting Order Councilman Emter Mayor Thomas Councilwoman Power Councilwoman Bennington Councilman Ignasiak AGENDA CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 4,2013 6:00 P.M. COUNCIL CHAMBERS We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL,PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROVAL OF MINUTES a. Regular Meeting—November 12,2012 b. Special Meeting—December 3, 2012 c. Regular Meeting—December 3, 2012 d. Special Joint Meeting—January 7, 2013 e. Regular Meeting—January 7,2013 f. Special Joint Meeting—January 15, 2013 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 three(3) minutes or less. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS 7. CONSENT AGENDA—NONE AT THIS TIME 8. PUBLIC HEARING, ORDINANCES AND RESOLUTIONS a. 1st Reading—Ordinance No. 2013-0-02: An Ordinance amending the Comprehensive Plan to include revisions to the Restoration Sustainable Community Development District (RSCDD) Sub-Element. b. Resolution No. 2013-R-02: A Resolution expressing sympathy for the loss of life and tragedy affecting all lives on December 14, 2012 in Newtown, CT and expressing support of the Conference of Mayors call to action to control gun violence. c. Resolution No. 2013-R-03: A Resolution adopting the City of Edgewater Bicycle/Pedestrian Facility Master Plan. City Council Agenda February 4,2013 Page-2- d. Todd Johnson, applicant for No Name Saloon located at 2001 S. Ridgewood Avenue, requesting a Special Activity Permit for Bike Week 2013 events with outdoor music to be held March 8 through March 17, 2013. 9. BOARD APPOINTMENTS a. School Scholarship Committee—Councilman Emter's appointment due to the resignation of Anne McCulloch, whose term expires on March 7, 2013. b. Planning and Zoning Board —Councilman Ignasiak's appointment due to the resignation of Christine Power, whose term expires on September 12, 2014. 10. OTHER BUSINESS a. Request to waive Purchasing Policy and authorize the City Manager to finalize the bidding process and award a contract to the successful bidder that meets all requirements of IFB #13- ES-003 and to make any necessary budget amendment. 11. OFFICER REPORTS a. City Clerk b. City Attorney c. City Manager 12. CITIZEN COMMENTS 13. ADJOURN The next City Council meeting will be held on March 4,2013. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you are hearing or voice impaired,contact the relay operator at 1-800-955-8771. 8cL AGENDA REQUEST Date: January 24, 2013 PUBLIC HEARING February 4, 2013 RESOLUTION ORDINANCE X BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: 1st Reading—Ordinance No. 2013-0-02 Amend the Comprehensive Plan to include revisions to the Restoration Sustainable Community Development District (RSCDD) Sub-Element. APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Amend the Comprehensive Plan to include revisions to the Restoration Sustainable Community Development District(RSCDD) Sub-Element. Background: The RSCDD Sub-Element was adopted by the City in February 2010 and permits a maximum of 8,500 residential units and 3.3 million square feet of non-residential building area west of Interstate 95. As a condition of approval of the comprehensive plan amendment, the City agreed to the inclusion of text within the Sub-Element which set time limits on the processing of any future annexation and/or large scale comprehensive plan amendment requests regarding residential property. These limits were based on concerns of meeting the "demonstrated need" criterion contained in the FL Statutes at the time. Pursuant to the 2011 Community Planning Act(HB 7207), the requirement to prove "need" was revised to focus on accommodating, rather than limiting growth. The revision provides local government flexibility in how they respond to local real estate market forces and the supply and adequacy of proper housing choices within their area. With the current restrictions in place, these properties would be permitted to develop in unincorporated areas adjacent to City limits,thereby impacting City services and facilities with no benefit to the City itself. Therefore, staff proposes the attached amendments to the RSCDD Sub-Element. The Planning and Zoning Board unanimously recommended approval by a vote of 6-0 at their January 9, 2013 regular meeting. STAFF RECOMMENDATION: Staff recommends approving Ordinance 2013-0-02; the amendment to the Comprehensive Plan to include revisions to the Restoration Sustainable Community Development District Sub-Element. ACTION REQUESTED: Motion to approve Ordinance 2013-0-02. FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO X PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM# Resp;fitfully submitted, Concurrence: i ii' , ,_ �.J,r i4. . ��... Da en Lear Ir Robin L. Matusick Developmen'Services Director Paralegal Ai.___. .ir, j , racey . Barlow City .nager ORDINANCE NO. 2013-0-02 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING THE COMPREHENSIVE PLAN, AS PREVIOUSLY AMENDED; RELATING TO AMENDMENTS TO THE COMPREHENSIVE PLAN TO INCLUDE TEXT REVISIONS TO THE FUTURE LAND USE ELEMENT, RESTORATION SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT SUB-ELEMENT; PROVIDING FOR RESOLUTION OF CONFLICT WITH EXISTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 163, Part II, Florida Statutes (the Florida Local Government Comprehensive Planning and Land Development Regulations Act) requires the City to formulate and adopt a comprehensive plan; and WHEREAS, the City did adopt an amended comprehensive plan in 2011; and WHEREAS, the City Council adopted Ordinance No. 2010-0-01 relating to amendments to the Comprehensive Plan to include text creating a new Restoration Sustainable Community Development Future Land Use category and sub-element, the Future Land Use Map and map series of the Future Land Use Element and other applicable elements and map series contained in the Comprehensive Plan on February 8, 2010, and WHEREAS, the Planning and Zoning Board, sitting as the Local Planning Agency, did recommend adoption of said proposed comprehensive plan amendments on January 9, 2013; and WHEREAS, the City Council believes it is in the best interests of the citizens of the City of Edgewater to amend the Restoration Sustainable Community Development District Sub- Element; and WHEREAS, the City Council has provided an opportunity to receive comments and proposals from the general public and held two public hearings with regard to the proposed amendment to the Comprehensive Plan. Strike4lIfeugh passages are deleted. Underlined passages are added. #2013-0-02 NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA: PART A. AMENDMENT. Amending the Restoration Sustainable Community Development District Sub-Element of the Comprehensive Plan hereby described in Exhibit"A". PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (15) (b), Fla. Stat. (2010). The required advertisement shall be no less than two columns wide by TEN (10) inches 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 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) (b) Fla. Stat. (2010). The advertisement shall substantially be in the following form: Notice of Comprehensive Plan Amendment The City of Edgewater proposes to adopt the following ordinance: 2 Stfike4hreugh passages are deleted. Underlined passages are added. #2013-0-02 ORDINANCE NO. 2013-0-02 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, AMENDING THE COMPREHENSIVE PLAN, AS PREVIOUSLY AMENDED; RELATING TO AMENDMENTS TO THE COMPREHENSIVE PLAN TO INCLUDE TEXT REVISIONS TO THE FUTURE LAND USE ELEMENT, RESTORATION SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT SUB-ELEMENT; PROVIDING FOR RESOLUTION OF CONFLICT WITH EXISTING ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. A public hearing on the ordinance changing the Comprehensive Plan will be held on February 4, 2013 at 6:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 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. (2010). 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. 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. 3 S#ikethrough passages are deleted. Underlined passages are added. #2013-0-02 PART E. EFFECTIVE DATE. This ordinance shall become effective upon its final adoption and as provided by general law. PART F. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. ADOPTION. The vote on the first reading of this ordinance held on February 4, 2013 is as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 4 StrilEe-threugh passages are deleted. Underlined passages are added. #2013-0-02 After Motion to approve by with Second by , the vote on the second reading/public hearing of this ordinance held on March 4, 2013 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 4th day of March, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 4th day of legality by: Aaron R. Wolfe, Esquire March, 2013 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe & Kundid 5 Strike-threugh passages are deleted. Underlined passages are added. #2013-0-02 EXHIBIT "A" Struck-through passages are deleted. Underlined passages are added. #2013-0-02 4rf r City of GEWATER2 Iw Inc. 1951 COMPREHENSIVE PLAN FUTURE LAND USE RESTORATION SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT SUB-ELEMENT CITY OF EDGEWATER SUSTAINABLE COMMUNITY COMPREHENSIVE PLAN DEVELOPMENT DISTRICT TABLE OF CONTENTS Page A. INTRODUCTION 1 B. GOALS, OBJECTIVES,AND POLICIES 3 GOAL 1: DEFINING THE RESTORATION SUSTAINABLE COMMUNITY DEVELOPMENT. 3 Objective 1.1: Develop SCD Effective Fiscal and Land Use Planning Technique 4 Policy 1.1.1: Protection and Management of lands within Volusia County Natural Resource Management Area ("NRMA") and Environmental Systems Corridor ("ESC"). 4 Policy 1.1.2: Restoration SCD Implementation Specifics 5 Policy 1.1.3: Timing of Restoration SCD Implementation Specifics. 5 GOAL 2: DEFINING THE COMPONENTS OF SUSTAINABILITY IN RESTORATION SCD: 6 Objective 2.1: Sustainability. 6 Policy 2.1.1: 6 Policy 2.1.2: 6 Policy 2.1.3: 6 Policy 2.1.4: 7 Policy 2.1.5: 7 Policy 2.1.6: 7 Policy 2.1.7: 7 GOAL 3: MIXED-USE FACILITIES. 7 Objective 3.1: Provide for Land Use Designations which Promote a Mix of Uses. 7 Policy 3.1.1: 7 Policy 3.1.2: 10 Policy 3.1.3: 10 GOAL 4: OPEN SPACE/NATURAL RESOURCE MANAGEMENT AND PROTECTION STANDARDS. 11 SCD-i CITY OF EDGEWATER SUSTAINABLE COMMUNITY COMPREHENSIVE PLAN DEVELOPMENT DISTRICT TABLE OF CONTENTS Page Objective 4.1: Minimization of the Impacts of Development on the Natural Environment. 11 Policy 4.1.1: Requirement of Appropriate Environmental Studies. 11 Policy 4.1.2: Protection of Environmental System Corridor Lands. 11 Policy 4.1.3: Designation of Land as Resource Based Open Space. 12 Policy 4.1.4: Minimum Open Space Requirements 12 Policy 4.1.5: Volusia County Environmental Core Overlay. 13 Policy 4.1.6: Location of Development within Restoration SCD. 13 Policy 4.1.7: Resource Based Open Space/Environmental Resource Permit. 13 Policy 4.1.8: Minimization of Wetland Impacts 13 Policy 4.1.9: Defining Open Space. 14 Policy 4.1.10: Protection Standards for Resource Based Open Space. 14 Policy 4.1.11: SMMP Requirements and Minimum Standards. 16 Policy 4.1.12: Ownership of Activity or Resource Based Open Space. 18 GOAL 5: COMMUNITY DESIGN: PRINCIPLES OF TRADITIONAL NEIGHBORHOOD DESIGN AND NEW URBANISM: 19 Objective 5.1: Design Attributes 19 Policy 5.1.1: Walkability. 19 Policy 5.1.2: Connectivity. 20 GOAL 6: AFFORDABLE HOUSING/HOUSING CHOICE• 21 Objective 6.1: Promote Diversity and Choice in Housing Options 21 Policy 6.1.1: Provide Affordable Housing 21 Policy 6.1.2: Housing Choice. 21 GOAL 7: JOBS/HOUSING BALANCE: 21 SCD-ii CITY OF EDGEWATER SUSTAINABLE COMMUNITY COMPREHENSIVE PLAN DEVELOPMENT DISTRICT TABLE OF CONTENTS Page Objective 7.1: The Reduction of VMT through a Jobs-to-Housing Balance. 21 Policy 7.1.1 Community Mixed-Use Thresholds. 21 Policy 7.1.2: Interim Measuring of Jobs/Housing Ratios. 22 Policy 7.1.3: Build Out Jobs/Housing Balance. 23 Policy 7.1.4: The Jobs Calculation. 23 GOAL 8: REDUCTION IN GREENHOUSE GASES: 24 Objective 8.1: Reduce VMT through the Utilisation of Sound Planning Paradigms. 24 Policy 8.1.1: Compact Development Pattern. 24 Policy 8.1.2: Avoid Large Single Uses of Land and Provide for a Mixture of Land Uses 24 Policy 8.1.3: Walkable, Bikeable Community Design 26 Policy 8.1.4: Transit-Oriented Development. 26 Policy 8.1.5: Williamson Boulevard as a Multi-Way,Transit Ready Boulevard 27 GOAL 9: SCHOOLS. 27 Objective 9.1: School Concurrency. 27 Policy 9.1.1: Capacity Enhancement Agreement. 27 GOAL 10: RESOURCE EFFICIENT DESIGN AND OPERATION: 28 Objective 10.1: The Utiliation of Defined Benchmarks and Metrics to Measure Success. 28 Policy 10.1.1: Utilization of Innovative Sustainable Programs. 28 GOAL 11: CONFORMANCE WITH THE GOALS, OBJECTIVES, POLICIES: 29 Objective 11.1: Maintaining Conformity with Goals, Objectives and Policies. 29 Policy 11.1.1: Creation of the Restoration Planned Unit Development 30 Policy 11.1.2: Processing of Development Approvals. 31 Policy 11.1.3: Coordination on Transportation Improvements. 31 Policy 11.1.4: Maximum Daily Trips at Build Out 32 SCD-iii CITY OF EDGEWATER SUSTAINABLE COMMUNITY COMPREHENSIVE PLAN DEVELOPMENT DISTRICT TABLE OF CONTENTS Page Policy 11.1.5: Funding of Public Facilities and Infrastructure. 32 GOAL 12: FLOOD PLAIN MANAGEMENT: 33 Objective 12.1: Revised Flood Plain Management Policies and Protocols. 33 Policy 12.1.1: Floodplain Management. 33 Policy 12.1.2: 33 Policy 12.1.3: 33 Policy 12.1.4: 34 Policy 12.1.5: 34 Policy 12.1.6: 34 Objective 13: Restoration Sustainable Community Development District("SCD"). 34 Objective 14: Maximum Density and Intensity for Restoration SCD. 34 SCD-iv SUSTAINABLE COMMUNITY DEVELOPMENT DISTRICT A. INTRODUCTION The City of Edgewater ("City") desires to create a new land use category that will require new and enhanced transportation and land use planning strategies, including planning for alternative modes of travel, more compact mixed-use development, greater attention to jobs-housing balance, and higher densities of residential housing containing a mix of housing types and price points in order to address changing dynamics in the relationship between land development, transportation, energy and the environment. This new category of land use is called Restoration Sustainable Community Development ("SCD"). It has been crafted from the data, inventory and analysis generated by the City and is described below with Goals, Objectives and Policies. It shall apply only to and is prepared specifically for a development within the City known as Restoration. Restoration is located in the City on the west side of Interstate 95 and contains 5,187.1 +/- acres. The Restoration SCD land-use category has been designed to meet and exceed the design and sustainability criteria found within the principles of Smart Growth, Traditional Neighborhood Design,New Urbanism and Transit Ready Development and Design. The Restoration SCD designation is designed to facilitate the expansion of the urban area of the City through the integration of a number of different land uses, including office, commercial, residential, recreational, governmental and housing components so that all work seamlessly in a New Urbanist framework. The residential portion of the Restoration SCD development must include housing units of various densities and types, at various price points and sizes. The housing inventory shall include, but not be limited to, single-family, multi-family and townhouse homes as well as some residential inventory to be located above retail or commercial uses where appropriate in the context of the overall planning for the Restoration SCD. The Restoration SCD shall require the innovative use of land planning that is consistent with and implements the keystone principles of Smart Growth as set forth by Volusia County's Smart Growth Implementation Committee and transect based planning as supported by the Congress of New Urbanism and set forth in Smart Code, Version 9.0 C. These are to be the cornerstones of the Restoration SCD development in the City of Edgewater. The principles of Smart Growth that are to be employed are as follows: Environment. Smart Growth emphasizes the early identification and preservation of environmentally important areas and open space areas. These are conceived of as a connected network of multi-purpose lands that form the community's "green infrastructure." Communities. Smart Growth emphasizes compact, walkable, mixed-use communities that provide alternative modes of travel together with greater jobs/housing balance and higher densities. It seeks to use land and infrastructure efficiently to reduce the costs of servicing new development and shall provide for a range of housing choices and lifestyles. Such development emphasizes innovation in sustainable design in both the conservation of water resources and energy. Economy. Smart Growth communities place an emphasis on a mix of land uses including residential, office, commercial, recreational, and governmental that all work seamlessly in a New 1 Urbanist framework with public investments that support the needs of sustainable economic development. Transect Based Planning. Transect based planning has its roots in the environmental transect, which is based on an analysis of the natural sequence of environments and their relationship to each other. Because "New Urbanist" planning recognizes that "one size does not fit all" and because humans desire to live in different kinds of places, transect based planning attempts to mirror the environmental transect and allow for an urban to rural pattern or "Transect Zones" which shall place a premium on a continuum of different market offerings. These are to be arranged harmoniously and appropriately in the natural landscape. Accordingly, the Restoration SCD shall have a variety of places and corresponding appropriate building typologies, including lower density residential, so that the over-all mixed-use characteristics of the Restoration SCD are maximized. The Restoration SCD is the result of a conscientious planning approach based on the most current New Urbanist research and advanced practices. The compact development pattern is designed to and shall provide for a diverse community with distinct place types and multiple experiences that are appealing to residents, employees, and visitors. It shall provide for walkability, a broad range of inclusive household demographics, the ability to connect the community directly to a natural experience, transit ready design, and a high level of environmental stewardship and planning. In order to facilitate the outcome described herein and to further demonstrate the City's support of the development represented by Restoration, the City makes the following representations and commitments. The City of Edgewater will process its next Evaluation and Appraisal Report (EAR) amendments in 2010/2011. Incident to that effort, the planning horizon EAR-based amendment to the comprehensive plan will be extended through 2030. Notwithstanding that the content of this plan amendment is intended to and does authorize the development of 8,500 residential units, until the City adopts the EAR-based amendments extending the planning horizon through 2030, no more than 5,000 residential units are authorized for the Restoration SCD. Once the EAR-based amendments are in effect and the planning horizon has been extended through 2030, then the total number of residential units (8,500) as set forth in this comprehensive plan amendment shall be authorized as set forth herein. amendment cycle (anticipated in 2017), the City will not process: 1. any annexations increasing residential density and increasing the City's boundaries (with the exception of small scale enclaves); 2. any large scale comprehensive plan amendments increasing residential density not associated with a redevelopment project located in the City's proposed redevelopment area as set forth in the City's adopted 2008 Evaluation and Appraisal Report and graphically depicted on Exhibit "A". To ensure that the Restoration project is commenced in a timely fashion, the Master Developer (which is the developer identified in and a party to the DRI Development Order of even date) shall commence development within four years from the effective date of this plan amendment 2 (the "Commencement Date"). For purposes of this provision, the commencement of development means to begin performing on-site modification, fabrication, erection or installation of a treatment facility or a conveyance system for the discharge of wastes and on-site modification, fabrication, erection or installation of a treatment facility or a transmission system for the conveyance of potable water. Land clearing and site preparation activities alone do not constitute commencement of development. The City Council may grant an extension of the Commencement Date if a request demonstrating good cause is filed in writing with the Clerk of the City Council at least sixty (60) days prior to the expiration of the Commencement Date; however, if the Commencement Date as set forth herein expires with no extension being requested or having been requested is not granted, then the City Council may, at its discretion, undertake an amendment to its comprehensive plan to remove the Restoration SCD designation from the property. Failure of the City Council to initiate a comprehensive plan amendment as herein provided shall leave the Restoration SCD land use designation in place but in no way shall serve as a waiver of the City's right to later undertake a comprehensive plan amendment to remove the Restoration SCD designation from the Restoration property if development as described herein has not yet commenced. Given the nature of the Restoration SCD, it is designed to be a collaborative planning process between the developer, public agencies, non-governmental organizations and citizens that collectively seek to holistically address varying community needs in a flexible, yet systematic manner consistent with the Goals, Objectives and Policies hereinafter set forth. Because this process is site specific and certain of the Objectives and Policies reflect the same, this Restoration SCD text amendment shall apply only to the Restoration development. All other projects seeking similar outcomes are subject to the creation of an applicable project specific land use category through the comprehensive plan text/map amendment process and shall comply with all other applicable regulatory processes. B. GOALS, OBJECTIVES,AND POLICIES GOAL 1: DEFINING THE RESTORATION SUSTAINABLE COMMUNITY DEVELOPMENT. The City of Edgewater shall utilize innovative land use planning techniques, creative urban design, environmental protection, and the judicious use of sustainable development principles and practices in order to meet the spirit and intent of the Restoration SCD. In order to facilitate this vision, the City shall recognize that density is important to the Restoration SCD outcome, but no more important than the mixing of uses, the development of a diverse population through the provision of housing choice and employment centers, the connection of streets and the design of structures and spaces on a human scale. These attributes are to be coupled with context sensitive solutions in planning for thoroughfares so as to make for a walkable community. All of this is accomplished within an overall framework of environmental protection and sustainable design within the built environment of the Restoration SCD. 3 Objective 1.1: Develop SCD Effective Fiscal and Land Use Planning Technique. Edgewater shall use the Restoration SCD as an effective fiscal and land -use planning technique for managing growth, controlling sprawl, and ensuring that the built environment does not compromise the workings of the natural environment within the Restoration SCD. The Restoration SCD shall demonstrate its consistency with the policies set forth below. Policy 1.1.1: Protection and Management of Lands within Volusia County Natural Resource Management Area ("NRMA") and Environmental Systems Corridor ("ESC"). The Restoration SCD is located within an area currently designated by Volusia County as NRMA and includes both Environmental Core Overlay Lands ("ECO" a.k.a Map "A") and Environmental System Corridor ("ESC"). As a result, development will necessarily impact portions of the NRMA, but such development will not materially or adversely impact the natural resources or systems of the NRMA as a whole. Appropriate environmental studies have been performed to guide development to the approximate eastern one-third of the Restoration SCD so that development within NRMA is clustered in the most suitable location within the Restoration SCD thereby protecting the majority of the NRMA and the important natural resources lying within it (See Policy 4.1.1 below). Further, the environmental development and compliance standards within the Restoration SCD are equal to or exceed NRMA standards. Portions of the Restoration SCD are within an area designated as Environmental Core Overlay and are designated by Volusia County as Map "A" lands (See Policy 4.1.5 below). These lands shall be designated as Conservation lands on the Restoration SCD Conservation/Development Areas Map described below. In addition, portions of the Restoration SCD are within an area formerly designated on the Volusia County FLU Map as Environmental System Corridor ("ESC"). The majority of the ESC lands are interconnected wetland strands within the Restoration SCD and substantially all ESC lands outside of the SCD Community Development Lands as described below shall be protected so as not to degrade their natural functions. Where impacts are authorized to these wetland strands, the Restoration SCD shall provide for all required mitigation as contemplated under both state and Federal law (See Policy 4.1.2 below). The restoration, enhancement and management of these lands shall be the responsibility of the developer or its successors and assigns, (See Policy 11.1.5 below). The ecological integrity and eco-diversity of the NRMA lands not otherwise impacted by the development contemplated herein shall be restored and maintained by the developer, its successors and assigns so that they contribute to an interconnected system of 4 integrated habitat in a post-development setting (See Policy 11.1.5 below). The Restoration SCD shall be developed consistent with the Restoration SCD Conservation/Development Areas Map ("CDA Map") which delineates three regions of the Restoration SCD as (1) Conservation, (2) SCD Conservation/Restoration, and (3) SCD Community Development lands. The lands designated as Conservation on the CDA Map are also lands designated by Volusia County as Environmental Core Overlay (Map "A"). The SCD Community Development Lands are also further described as the `Build Envelope." The CDA Map is incorporated by reference into and made a part of this Comprehensive Plan Amendment. The City recognizes that the exact configuration and territorial limits of the areas designated on the CDA Map shall be subject to final engineering, regulatory review and adjustment by one or the other or both of the State of Florida and the Federal government through the review and approval of the ERP permit administered by the St. Johns River Water Management District and the Section 404 Permit administered by the U.S. Army Corps of Engineers. The submission of applications for the referenced permits and the processing of the same by the developer shall be consistent with the designated regions shown on the CDA Map. Policy 1.1.2: Restoration SCD Implementation Specifics. The specific requirements for implementing the Restoration SCD shall be memorialized through (1) the processing and obtaining of a Chapter 380.06, Florida Statutes, DRI Development Order, (2) a Planned Unit Development ("PUD") approval including a Master Development Plan and a Regulating Book/Design Guidelines, and (3) a Site Mitigation and Management Plan ("SMMP") each of which are more particularly described below. Each of these instruments shall be crafted so that they individually and cumulatively implement the Goals, Objectives and Policies set forth herein. Policy 1.1.3: Timing of Restoration SCD Implementation Specifics. The DRI Development Order shall be processed and approved concurrently with the approval of the Restoration SCD land use amendment as contemplated by Subsection 380.06(6), Florida Statutes. A Planned Unit Development ("PUD") approval including a Master Development Plan and a Regulating Book/Design Guidelines shall be initiated and processed to completion and adoption by the City within eighteen (18) months following the effective date of this Restoration SCD land use amendment. For this purpose, the effective date shall be the date upon which this amendment is finally approved and not subject to further appeal or review. Policy 11.1.1 below details the content of 5 the Regulating Book/Design Guidelines. The SMMP shall be prepared for processing and review consistent with the time constraints set forth herein and as set forth in the DRI Development Order adopted concurrently herewith. The SMMP shall contain minimally the information, protocols and procedures set forth in Policy 4.1.11 below. The PUD approval together with the Master Development Plan, Regulating Book/Design Guidelines and the SMMP shall be processed in accordance with the ordinary procedures of the City. In no event shall the City of Edgewater issue permits or development approvals, including the execution of any PUD Agreement or allow construction/work to commence on the Restoration project prior to the completion and adoption of each of the above-described documents. GOAL 2: DEFINING THE COMPONENTS OF SUSTAINABILITY IN RESTORATION SCD: The Restoration SCD is designed to and shall be developed with a mix of uses including, residential, commercial, recreational and governmental uses to be accompanied by both "active" and"passive" open space as those terms are hereinafter defined. Objective 2.1: Sustainability. To ensure that the Restoration SCD is sustainable, the following principles shall be implemented as comprehensive plan policies: Policy 2.1.1: Contain a mixture of uses within the Restoration SCD land use that provides for a balance of commercial, residential, recreational, open space (active and passive), resource protection, educational and other supporting uses. Policy 2.1.2: Preservation of open space and the management, restoration and preservation of important environmental systems. Policy 2.1.3: A design that is based on the principles of Smart Growth, Traditional Neighborhood Design ("TND"), New Urbanism, Transit Oriented Design ("TOD") and the urban to rural transect as accepted by the Congress of New Urbanism and defined in the Smart Code, Version 9.0 C. As such the Restoration SCD shall include walkability, compact development patterns, quality architecture and urban design, and a hierarchy of streets or street systems to foster connectivity and pedestrian mobility as well as alternate modes of travel, including transit. All are to be appropriately located in a transect-based community that includes a range of transects from T5 Urban Center to T1 Natural Zone as the same are described in the Congress of New Urbanism and Smart Code,Version 9.0©. 6 Policy 2.1.4: A diversity and choice of housing types, settings and price points ranging from lower density more sub-urban type development to higher density, compact development patterns and variety will be required in order to limit sprawl. Housing types will include mid-rise stacked flat product both as stand-alone residential and residential above commercial. Single-family detached residential on varying lot sizes, Carriage homes, Village homes, Garden homes and Townhouses will be provided. Multifamily products will also include for rent product. Some for sale product may be offered as a condominium. The mix of product types will vary depending on the section of the community in which the housing is developed, but overall the Restoration SCD will have approximately forty-five percent (45%) single family and fifty-five percent (55%) multifamily. Policy 2.1.5: The provision of opportunities throughout all phases of the development for residents to work in the Restoration SCD, thereby reducing automobile dependence. Policy 2.1.6: The utilization of selected sustainable development techniques that promote the reduction of greenhouse gases, energy efficiency, water conservation and alternative transportation options. Policy 2.1.7: Promote the efficient and effective use of utility and transportation infrastructure. GOAL 3: MIXED-USE FACILITIES. The Restoration SCD development shall be required to provide a balanced mix of uses in order to facilitate meeting the goal of sustainable community development. Objective 3.1: Provide for Land Use Designations which Promote a Mix of Uses. In order to accomplish the Goal, the City of Edgewater shall require and facilitate the development of a transect-based urban mixed-use community that relates to and is an extension of the existing city, through the adoption of land use designations described herein through the Restoration SCD. Policy 3.1.1: The following land use designations shall be required within the Restoration SCD. These designations are not separate future land use categories, but are intended to further guide the form and design of the development that is permitted in the Restoration SCD. Specific uses, square footages and number of dwelling units shall be memorialized in the DRI Development Order. However, the total number of dwelling units within Restoration shall not exceed 8,500 and the total number of non-residential square feet shall not exceed 3,300,000 square feet. The acreage calculations set forth in the land use designations set forth below are net of and exclude acreage used for Williamson Boulevard, Indian River Boulevard, manmade lakes and storm 7 water detention areas, overhead utility lines, and schools. Subject to the foregoing, the Land Use Designations within Restoration are as follows: a. Residential ("SCD-R"). This designation supports a variety of housing types including single family, townhomes, coach homes, condominiums, multifamily rental apartments, together with appropriate civic, institutional and recreational uses along with accessory dwelling units associated with single-family residential units. The Residential designation is primarily characteristic of a T-4 and T-5 transect, with some outer portion being a T-3 transect. • Size: Approximately 598 Acres (+ or-) • Residential Units: 4,043 Maximum; 2,000 Minimum b. Mixed-Use Town Center ("MUTC"). The Mixed-Use Town Center is designed to be the commercial core of the Restoration SCD. This designation shall require a vertically integrated mixture of higher density and intensity uses and development, providing multi-family housing, hospitality and lodging, commercial retail and service, office uses and civic, government,institutional, and recreational uses. "Big Box" retail development, defined as retail establishments in which one or more of the stand-alone facilities are equal to or larger than 75,000 square feet, shall only be permitted in the Mixed-Use Town Center, but the design of the same shall be consistent with the integration of the other uses required for this part of the Restoration development. • Size: Approximately 88 Acres (+ or-) • Residential Units: 1000 Maximum, 450 Minimum • Maximum Residential Density: 36 du/acre • Maximum Non-residential Intensity: 1,200,000 SF • Minimum Non-residential Intensity: 550,000 SF c. Work Place ("WP"). The Work Place designation is designed to be the primary employment center for the Restoration SCD. Importantly, it is not the exclusive employment center as a significant number of jobs are anticipated within both the MUTC and TRC described elsewhere herein. 8 Permitted Uses within the Work Place include office, institutional, light industrial, civic, lodging, multi-family residential, and convenience commercial uses serving the needs of businesses and workers employed within the Work Place. • Size: Approximately 79 Acres (+ or-) • Maximum Residential Density: 36 du/acre • Minimum Residential Density: 15 du/acre • Maximum Nonresidential Intensity: 1,003,547 SF • Minimum Non-residential Intensity: 500,000 SF • Residential Units: The number and placement of residential product in this area shall be market driven but to the extent used shall be developed as multi- family and deducted from allowable residential density in any other Land Use Designation herein so that the total of residential units does not exceed 8,500. d. Transit-Ready Corridor ("TRC"). The TRC is specifically designed to accommodate residential densities and commercial intensities in a mixture of uses that shall support public transit. This designation is to be located along the major arterial corridor of the Restoration SCD which is to be designed as a multiway boulevard that can eventually support streetcars, buses, pedestrians, bicyclists and autos, while creating a walkable urban environment. Permitted uses within the TRC include commercial,office, institutional, civic,residential and lodging. • Size: Approximately 85 Acres (+ or -) • Residential Units: Maximum 3,457;Minimum 2,000. A minimum of 35% of the residential product in this portion of the Restoration SCD shall be developed as mixed use (i.e.,residential above commercial.) • Maximum Residential Density: 36 du/acre • Minimum Residential Density: 15 du/acre • Minimum Non-residential Intensity: 200,000 SF • Maximum Non-residential Intensity: 1,305,000 SF. e. Utility Infrastructure Site. The area designated on Map "H" attached to the DRI Development Order and on the CDA Map attached hereto and labeled as Utility Infrastructure Site is to be developed with appropriate utility infrastructure to expand the city's capacity to deliver water, sewer and wastewater facilities. 9 f. Schools. In order to provide residents within the Restoration SCD access to schools, two school sites totaling 85 acres have been identified and shall be dedicated to the Volusia County School Board ("School Board") in accordance with the terms and conditions of a Capacity Enhancement Agreement ("CEA") entered into between the School Board, the City and the developer, the same being recorded in the Public Records of Volusia County, Florida at O.R. Book 6313, Page 219, Public Records of Volusia County, Florida. See Policy 9.1.1 for administration of CEA. g. Open Space. The Open Space designation is designed to and shall protect and permanently preserve Activity and Resource Based Open Space areas throughout the Restoration SCD. Additionally, Resource Based Open Space may, subject to the terms of permits to be obtained from either or both of the St. Johns River Water Management District or the U. S. Army Corps of Engineers, provide for mitigation for impacts to wetlands that shall result from development activities within the SCD/Community Development area of the Restoration SCD as depicted on the CDA Map. These areas and the administration of them are further defined below. Policy 3.1.2: Within each of the land use designations identified above, it is recognized that to achieve the overall objective of the Restoration SCD, some or all of the following additional uses are authorized in all of the land uses described above, to-wit: conservation or mitigation areas and stormwater management areas. Within the built environment, ancillary uses that are supportive of the identified land use designations shall also be allowed on a case-by- case basis, and shall be reviewed as part of the building review process of the City. Policy 3.1.3: Development may only be permitted within the Restoration SCD if consistent with the land use designations set forth above. In order to maximize the attributes of the urban form, the City shall require that the Restoration SCD utilize density in concert with the mixing of uses, the development of population and employment centers, the interconnection of streets and the design of structures and spaces within the Restoration SCD so as to support a variety of lifestyles and needs. All uses may be mixed horizontally on a site or may be contained within multiple use buildings such that differing uses exist vertically in one building or structure. Where residential product is located above commercial, retail, office or institutional uses and located in the MUTC, the WP or the TRC 10 land use designations, such product shall be considered as mixed- use and treated as "commercial" development under the Land Development Regulations of the City. GOAL 4: OPEN SPACE/NATURAL RESOURCE MANAGEMENT AND PROTECTION STANDARDS: The City shall require that development under the Restoration SCD designation does not adversely impact the function and value of natural resources located in either the "Conservation" or the "SCD/Conservation/Restoration" areas as noted on the CDA Map attached hereto. Development standards for land use activities in these areas will be more restrictive than other areas and will be limited as provided hereinafter in Objective 4.1. Because high-density and intensity development are a recognized part of the Restoration SCD planning protocol, impacts to natural resources and systems will occur but the vast majority of those are limited to the areas labeled as SCD/Community Development on the CDA Map. Impacts that do occur will be allowed only with appropriate mitigation for the loss of the function and value of those natural resources as provided for within the regulatory framework of the local, state and Federal government programs and consistent with the Objectives and Policies discussed below. Conformance to the Objectives and policies associated with this Goal shall be deemed to establish consistency with Policy FLUE 1.2.6. Objective 4.1: Minimization of the Impacts of Development on the Natural Environment. Within the Restoration SCD, development shall be directed only to those locations on the CDA Map labeled as SCD/Community Development, except that minimal intrusions into the Conservation and SCD Conservation/Restoration areas noted on the CDA Map shall be authorized for maintenance of utility infrastructure such as roads, stormwater management systems and to service and maintain the ecological restoration contemplated as part of this development and as authorized by the state and Federal government in permits issued by the same, limited recreational access shall be allowed and appropriate trails and bike paths constructed. Development within the Restoration SCD is to be designed so as to minimize the impact on natural resources and systems with the ultimate goal at build out to be that the built environment and the natural environment can coexist to the fullest extent practicable as a seamless undertaking. Policy 4.1.1: Requirement of Appropriate Environmental Studies. Because the Restoration SCD is located within NRMA, the developer and other stakeholders have completed appropriate environmental studies to guide development so that it is clustered in the most suitable locations on the site consistent with Objective 4.1 above. Policy 4.1.2: Protection of Environmental System Corridor Lands. A portion of the Restoration SCD is within an area formerly designated on the Volusia County FLU Map as Environmental System Corridor ("ESC"). The portion of the ESC lands lying within the area designated as SCD Community Development Land on the CDA Map will be impacted by the proposed development. Notwithstanding those impacts, the City of Edgewater shall require that substantially all of the remaining ESC lands be protected so as not to degrade natural functions and values, and to maintain ecological integrity and eco-diversity within such lands. The goal is 11 that the remaining ESC lands shall contribute to an interconnected system of integrated habitat. Minimal impacts to these remaining ESC lands will occur, but only at the edge of the SCD Community Development Lands and for road or bridge crossings connecting portions of the build envelope and for other uses authorized for Resource Based Open Space. Accordingly, the remaining ESC lands are to be placed in either the Conservation area or the SCD Conservation/Restoration areas of CDA Map and designated as Resource Based Open Space. Impacts to and the management of the ESC lands shall be accommodated through Policy 4.1.3 and 4.1.10 below. Policy 4.1.3: Designation of Land as Resource Based Open Space. The Restoration SCD shall designate lands to be set aside as Resource Based Open Space. In doing so, the Restoration SCD shall be guided by the Natural Resources of Regional Significance decision support model of the East Central Florida Regional Planning Council ("ECFRPC"). Utilization of this model shall result in the protection of the majority of wetlands on site, and all wetlands within the areas to be designated as Resource Based Open Space shall be preserved and restored consistent with the protocols described below. Impacts to wetlands shall occur in the areas labeled SCD Community Development on the CDA Map and when they occur, appropriate mitigation through preservation and restoration within the areas labeled Conservation and SCD Conservation/Restoration on the CDA Map shall be provided to ensure that there is no overall net loss of wetland function and value. The determination of net loss of wetland function and value shall be undertaken using the approved methodology and protocols in use by the St.Johns River Water Management District and the U.S. Army Corps of Engineers. Policy 4.1.4: Minimum Open Space Requirements. Because the Restoration SCD is to be developed within an overall plan of natural resource management that minimizes adverse impact to existing natural resources, the plan of development shall conserve large areas of uninterrupted environmentally sensitive areas which shall need to be restored and managed as part of a system for habitat, wetlands, surface water protection and to provide recreational opportunities (both active and passive). Accordingly, not less than fifty percent (50%) of the Restoration SCD shall be in permanent, protected open space consisting of a mix of Activity and Resource Based Open Space. The location of the Resource Based Open Space within the Restoration SCD has been determined and is shown on the CDA Map as Conservation and SCD Conservation/Restoration areas. Activity Based Open 12 Space shall be located within the areas shown on the CDA Map as SCD Community Development. Policy 4.1.5: Volusia County Environmental Core Overlay. All lands designated by Volusia County as Environmental Core Overlay or ECO Lands (Map "A") and located within the boundary of the Restoration SCD development shall be protected as integrated habitat and managed to protect its ecological function. Such lands are shown on the CDA Map as Conservation and shall additionally be designated as Resource Based Open Space lands and protected as such. Policy 4.1.6 Location of Development within Restoration SCD. Urban development within the Restoration SCD shall be clustered on the eastern one-third of the Restoration SCD towards the right-of-way of Interstate 95 and within the area labeled on the CDA Map as SCD Community Development. The built environment within this area shall encompass innovative land development practices which promote sustainability, as well as, conservation and conservation management. It is recognized that the clustering of development in this portion of the Restoration site and the development of the same in an urban form shall result in the loss of some wetlands, but the developer shall impact only those wetlands which have been determined through applicable regulatory review to be of less ecological significance to the overall integrity of the larger wetland regime that encompasses the Resource Based Open Space. Policy 4.1.7 Resource Based Open Space/Environmental Resource Permit. Where land development proposals of the Restoration SCD are subject to the St.Johns River Water Management District Environmental Resource Permit process, the secondary impact requirement (pursuant to Section 12.2.7 of the Management and Storage of Surface Waters Handbook) shall satisfy the intent of this goal. The protected Resource Based Open Space shall be designed as integrated habitat so to as enhance habitat protection and protect its ecological function as set forth below. Policy 4.1.8: Minimization of Wetland Impacts. As noted in Policy 4.1.6 above, the clustering of development in the urban form will result in the loss of wetlands. Which wetlands are to be lost to development is to be determined through applicable Federal and state regulatory review, but the goal is to avoid wetland impacts to the fullest extent practicable. Wetland impacts that cannot be avoided after regulatory review under applicable law shall be compensated for through appropriate mitigation so as to ensure that there is no overall net loss in wetland function and value. 13 Policy 4.1.9: Defining Open Space. Open Space shall include (1) Activity Based Open Space and (2) Resource Based Open Space areas within the Restoration SCD. The Restoration SCD shall contain approximately 3,872 acres (+ or -) of Resource Based Open Space. a. Activity Based Open Space is open space that has generally been developed by the developer in order to provide areas for active recreation in a post-development setting. As such, it includes areas such as walkways, bikeways, trails, lakes, picnic areas, playgrounds, tot-lots, neighborhood parks, plazas and sports and active parks (baseball, tennis, swimming, soccer facilities,boardwalks, etc.). b. Resource Based Open Space is open space intended to protect and enhance environmental systems. Consistent with Policies 4.1.3, 4.1.4 and 4.1.7 above and 4.1.10 below, it may include in addition to areas set aside for ecological preservation, enhancement and restoration, nature trails, conservation education programs, observation decks and similar facilities including lakes used for detention or retention of surface water. Policy 4.1.10: Protection Standards for Resource Based Open Space. Resource protection standards for Resource Based Open Space is to be provided for in the Restoration SCD by the preparation and adoption of a Site Mitigation and Management Plan ("SMMP") as provided in Policy 1.1.3 above and the DRI Development Order. The purpose of the SMMP is to provide for the imposition of a set of site mitigation and management protocols designed to ensure the long-term maintenance by the developer, its successors and assigns, (See Policy 11.1.5 below) of the ecologic value of the Resource Based Open Space within the Restoration SCD and the effective integration of the same into the built environment. The following principles shall form the basis of the SMMP. a. Resource Based Open Space in the Restoration SCD shall, to the greatest extent practicable, be aligned and connected so that free and unencumbered movement from one section of the Resource Based Open Space to another is achieved within the boundaries of the Restoration project. To the extent practicable and in order to promote habitat connectivity external to the Restoration SCD, the Resource Based Open Space shall be aligned with and connected to like natural systems outside the boundaries of the Restoration project. Areas set aside for Resource Based Open Space may be 14 accessed by walkways, boardwalks, trails and bikeways where such access is consistent with the maintenance of the ecological resource and its habitat values. Resource Based Open Space may include facilities for environmental education and research. b. Resource Based Open Space areas shall be designated, permanently protected, and maintained as undeveloped and/or restored or enhanced conservation areas that are accessible for passive recreational uses consistent with the protocols of the SMMP and permits issued by either the state or Federal government. Resource Based Open Space shall be selected and designed according to the following principles: (i) ECO Lands, Environmental System Corridors, wetlands, natural and historic resources shall receive top priority for and be a part of the designated Resource Based Open Space area. (ii) Resource Based Open Space shall be designed as a contiguous area to eliminate or minimize fragmentation and promote the formation of linked networks with existing or potential Resource Based Open Space areas on adjacent properties, or other developments. (iii) Resource Based Open Space areas may include storm water management facilities. (iv) To the extent that roads are necessary for access to the Conservation and SCD Conservation/Restoration areas as shown on the CDA Map, they shall, to the fullest extent practicable, avoid wetlands and other ecological resources that comprise the environmental integrity of these areas. (v) Resource Based Open Space, all of which is located within the areas shown on the CDA Map as either Conservation or SCD Conservation/Restoration shall be permanently protected by conservation easement so that such areas are and remain undeveloped in perpetuity by recording the Conservation Easement in the Public Records of Volusia County, no later than the date of the 15 issuance by the City of the first building permit authorizing the construction of horizontal improvements or land clearing on the Restoration site or such earlier time as might be required by either the state or Federal government in their respective permits authorizing impacts to wetlands within the Restoration site. The Conservation Easement(s) providing for such protection shall run with the land and shall be written in such a manner so as to provide for enforcement rights by the Grantees, the City of Edgewater, the St.Johns River Water Management District and to the extent required, third party enforcement rights by the U.S. Army Corps of Engineers and any other party or person that the permits authorizing the wetland impacts might require. The Conservation Easement(s) shall be set forth in the Covenants, Conditions and Restrictions ("CCRs") of the Restoration SCD and recorded in the Public Records of Volusia County. The CCRs shall be provided to each subsequent land owner within the Restoration SCD. (vi) Resource Based Open Space shall be managed according to the SMMP and/or the terms and conditions set forth in any Conservation Easement encumbering the same or by any other entity or format authorized under Policy 4.1.12 below. Policy 4.1.11: SMMP Requirements and Minimum Standards. Resource Based Open Space protection standards are to be provided for in the Restoration SCD by the preparation and adoption of a Site Mitigation and Management Plan ("SMMP") which by its terms will incorporate by reference all terms and conditions imposed by both the SJRWMD and the ACOE in the issuance of their respective permits. The purpose of the SMMP is to provide for the imposition of a set of site mitigation and management protocols which shall ensure the long-term maintenance of the ecological values of the Resource Based Open Space and the effective integration of the same into the built environment. In addition, the SMMP will detail the protocols to be followed in the design, planning and implementation for the restoration of wetlands and uplands within the Resource Based Open Space. With respect to the wetlands restoration, the goal is to restore the landscape back to a "native Florida ecosystem" by reversing the effects of the silviculture operation that has characterized the use 16 of the project site for the past fifty plus years. This will be accomplished by the developer of the Restoration SCD, its successors and assigns, by among other things (1) selectively timbering the existing pine plantation so as to return upland pine forest to native pine flatwoods; (2) creating a herbaceous layer understory; (3) removing planted pines from wetlands; (4) restoring natural hydroperiods in a manner that is consistent with the various wetland types found in the Resource Based Open Space; (5) removing and managing exotic infestation; (6) managing hydrology by plugging selected ditches and canals; (7) managing hydrologic conditions through its integration into the master stormwater system; and (8) restoring natural sheet flow through the Spruce Creek Swamp. Further, with respect to the wetlands restoration as described above, the restoration will be commenced prior to any impacts to wetlands unless an earlier start date is required by the terms of the ERP Permit to be obtained from the SJRWMD or the Section 404 Permit to be obtained from the U.S. Army Corps of Engineers and once started shall continue until completion of the wetlands restoration project, but in no event shall the completion of the wetlands restoration project exceed five (5) years after commencement. See Policy 11.1.5 relative to administration of cost for the wetland restoration. In addition to the foregoing, the SMMP shall set standards and management protocols for the following matters: (1) trees and tree removal, (2) habitat of protected species, (3) flood hazard management, (4) performance standards for development, (5) potable water and well field protection, (6) erosion control, (7) post-development land management protocols to include water conservation and landscape standards incorporating drought tolerant and native vegetation, (8) identification of ownership and management responsibilities and (9) fire management. The matters noted above are the minimum to be included in the SMMP, and are not necessarily exhaustive, it being the intention of the City and the developer of the Restoration SCD to prepare a SMMP that is site specific and addresses all issues essential to the maintenance of the ecological systems within the Resource Based Open Space. Notwithstanding the foregoing, the SMMP will defer to and incorporate by reference the terms and conditions of the Federal and/or state permits to be obtained and the same shall be controlling of the undertakings of the developer,its successors and assigns, as the same pertain to the restoration, enhancement and management of the Resource Based Open Space; (i.e., the St. 17 Johns River Water Management District ERP Permit pursuant to Chapter 403, Florida Statutes, and the implementing regulation and rules of the District found at 40C-4001 and 40C-42.011 et. seq. F.A.C., and the U.S. Army Corps of Engineers Section 404 Permit pursuant to 33 U.S.C. Section 1344 et. seq. and 16 U.S.C. Sections 1536 and 1539 et. seq.). Accordingly, the City shall defer to the requirements of the same, but the City shall reserve the right to review such regulatory outcomes and determine whether or not such outcomes are substantially consistent with the guidelines enumerated here. The SMMP must be reviewed and approved by the City and other stakeholder agencies with particular competency in the subject under review consistent with the requirements of the DRI Development Order and the SMMP shall be incorporated into the DRI Development Order by reference and made a part thereof through a Notice of Proposed Change (NOPC). Policy 4.1.12: Ownership of Activity or Resource Based Open Space. Ownership of either Activity or Resource Based Open Space shall be by one or a combination of the following: (1) a homeowner's association, (2) a land trust, (3) a qualified conservation organization, (4) a Chapter 190, Florida Statutes, Community Development District or (5) another public agency deemed acceptable to the City and the developer. Where Resource Based Open Space is subject to a conservation easement held by the city, county, state or Federal government or a qualified conservation organization, then the developer, or its assignee, may continue to hold underlying fee title to the identified Resource Based Open Space. 18 GOAL 5: COMMUNITY DESIGN: PRINCIPLES OF TRADITIONAL NEIGHBORHOOD DESIGN AND NEW URBANISM: The City shall establish Restoration SCD Design Policies to ensure walkability and connectivity using design principles that are consistent with Traditional Neighborhood Design, Transit-Oriented Development and New Urbanism as these terms are understood in the literature of the Congress of New Urbanism, the Urban Land Institute and other like-kind organizations. These Policies shall control the design of the built environment within the Restoration SCD. They are set forth below and shall be further memorialized and detailed in a Regulating Book/Design Guidelines to be adopted by the City consistent with this Restoration SCD land use and in conjunction with the PUD zoning of the Restoration site. Objective 5.1: Design Attributes. The City shall define the essential design attributes that must be a part of the development within the Restoration SCD. They are listed here with the expectation that they shall be further refined and implemented through both the DRI Development Order and the Regulating Book/Design Guidelines. In all events the DRI Development Order and the Regulating Book/Design Guidelines must be consistent with the essential design attributes listed here. Policy 5.1.1: Walkability. To ensure that the Restoration SCD is pedestrian friendly the following design principles shall be incorporated into and made a part of the Regulating Book/Design Guidelines: a. At build out, all homes shall be within a half (0.5) mile of transit, a mixed-use activity center or facility or an institutional or civic use such as a school, government office. b. Streets are to be pedestrian friendly. Homes are to be built close to streets; with the majority of the homes having street-facing facades and/or porches, windows and doors. Other homes may be constructed in a manner that does not front on the street so long as the home is designed in a manner that is consistent with the principles of Traditional Neighborhood Design or New Urbanism. Mixed-use and commercial structures in the TRC shall in like manner be built close to streets with street facing facades and entrances. Streets are to be tree-lined and provide for on- street parking where appropriate. Parking lots and parking structures are to be hidden to the fullest extent practicable. c. Street and pedestrian-way lighting are to be designed to enhance safety and be consistent with "dark sky" objectives to the maximum extent practicable. d. Brick pavers, roundabouts, traffic circles and other traffic calming techniques are to be employed in key locations to enhance aesthetics, improve pedestrian access, reduce vehicle speeds and promote safety within all travel modes. 19 e. Signs identifying streets, speed limits, and neighborhoods shall be designed to reflect neighborhood character. f. All streets having vertical development or units on one or both sides shall have sidewalks adjacent to the vertical development or units and such sidewalks shall be a minimum of five (5) feet in width to accommodate pedestrian activity. Sidewalks will be designed and constructed so that there is no break in a linear run of the same, except for street crossings. g. The City will require that the developer submit to the City both a bicycle routing and mobility plan, including a trail plan as a part of the Regulating Book/Design Guidelines to be reviewed and approved by the City. Policy 5.1.2: Connectivity. To ensure the efficient movement of people through the Restoration SCD, the following design principles shall be incorporated into and made a part of the Regulating Book/Design Guidelines. a. The street system shall be a well-connected grid based system that is fully integrated. Because the Restoration SCD shall develop over a period of years, the street system shall be designed to facilitate the expansion of the same as the community grows. b. The street system shall be designed in a hierarchy that provides for alternative cross sections to facilitate the development of narrow neighborhood streets, boulevards, and alleys. Streets are to be shaded by trees and interconnected both internally and externally to both move traffic efficiently through the Restoration SCD and to disperse traffic off site efficiently. Streets shall allow for on-street parking where appropriate and the location and configuration of the same shall be set forth in the Regulating Book/Design Guidelines. c. The arrangement and design of streets shall promote a pleasant, pedestrian and bicycle-friendly environment with an emphasis on convenient access to surrounding neighborhoods and community amenities. Restoration SCD road design standards may apply to County- or State- owned and maintained roads and as such be subject to County or State approval. 20 GOAL 6: AFFORDABLE HOUSING/HOUSING CHOICE: In addition to the housing choices identified in Policy 3.1.1 above, the City shall require that the housing offered within the Restoration SCD shall be offered at a variety of price points,including affordable housing. Objective 6.1: Promote Diversity and Choice in Housing Options. The objective is a robust mix of different types and kinds of housing, and particularly housing targeted to those who have an Average Median Income ("AMI") that limits their housing choices. To ensure, to the fullest extent possible, that the Restoration SCD is developed as a socially and economically diverse community with a wide range of housing types, various price points shall be made available. Policy 6.1.1: Provide Affordable Housing. Within the Restoration SCD, ten percent (10%) of all residential units shall qualify as "affordable housing" which for this purpose shall mean housing for which persons whose incomes fall between eighty percent (80%) and one hundred forty percent (140%) of Volusia County's AMI shall qualify to purchase. Policy 6.1.2 Housing Choice. Within the Restoration SCD, the developer will provide a diversity of housing products as described in Policy 2.1.4 above. GOAL 7: JOBS/HOUSING BALANCE: The City desires to reduce dependence on automobile travel and, therefore, vehicle miles traveled ("VMT"). Accordingly, the Restoration SCD shall be required to develop and implement a program designed to ensure an adequate number of jobs per residential dwelling unit exists in the Restoration SCD at build out. Objective 7.1: The Reduction of VMT through a Jobs -to -Housing Balance. The objective is to (1) reduce VMT and (2) establish and measure over time the jobs/housing balance so as to provide a framework for determining the number of jobs created and to measure the internal capture of trips within Restoration and to ensure a built community that, to the fullest extent possible, provides for alternative modes of transportation to and from the work and recreation places within the Restoration SCD. Policy 7.1.1 Community Mixed-Use Thresholds. To ensure a mixture of and balance between land uses and promote the creation of employment opportunities on the project site, the following mixed-use thresholds are established for the Restoration SCD: 1. Prior to the issuance of residential building permits for more than 1,500 dwelling units, there shall have been constructed a minimum of 180,000 square feet of nonresidential development; 2. Prior to the issuance of residential building permits for more than 2,500 dwelling units, there shall have been constructed a minimum of 300,000 square feet of nonresidential development; 21 3. Prior to the issuance of residential building permits for more than 5,000 dwelling units, there shall have been constructed a minimum of 600,000 square feet of nonresidential development; 4. Prior to the issuance of residential building permits for more than 7,500 dwelling units, there shall have been constructed a minimum of 900,000 square feet of nonresidential development; and 5. Prior to the issuance of residential building permits for the 8,500`h dwelling unit, there shall have been constructed a minimum of 1,200,000 square feet of nonresidential development. Policy 7.1.2: Interim Measuring of Jobs/Housing Ratios. The Master Developer ("Master Developer") shall measure the jobs/housing ratio after the issuance of the final plats and/or commercial site plan approval as set forth below. The designated ratios are goals, but if there has been insufficient employment created pursuant to this Policy, the Master Developer shall confer with the City and the East Central Florida Regional Planning Council (ECFRPC) for the purpose of determining whether and to what extent the Master Developer has initiated and maintained a program designed to attract jobs and employment to the Project and the prospects for making up any shortfall in achieving the goals described below as the development progresses. If at check point (ii) or (iii) below, it is determined that the shortfall is material, that the efforts of the Master Developer to meet the jobs/housing ratio have not been at a level and with a consistency that evidences a good faith effort to meet the jobs/housing ratio, then the City may require appropriate mitigation to offset the failure to meet the established goal or,in its discretion, the City may suspend the issuance of residential building permits until the targeted thresholds agreed to by the City, the ECFRPC and the Master Developer as set forth here are met. This Policy is in addition to and not in limitation of Policy 7.1.1 above, it being the intention of the City that a series of different checks are to be made and evaluated as the development proceeds forward. The goals are, to-wit: (i) After the issuance of final CO's for the occupancy of the 3,400`h residential unit 0.1 jobs per residential unit (ii) After the issuance of final CO's for the occupancy of the 6000`h residential unit 0.5 jobs per residential unit 22 (iii) After the issuance of final CO's for the occupancy of the 8000`h residential unit 0.6 jobs per residential unit Policy 7.1.3 Build Out Jobs/Housing Balance. At build out of the Restoration SCD, a jobs-to-housing balance of 0.65 jobs per residential unit shall be achieved. During development of the Restoration SCD, the jobs/housing balance shall be measured at various intervals in accordance with the standards set forth above and in the DRI Development Order and the results shall be reported to the City, the ECFRPC and the Department of Community Affairs as often as the reports are generated so that progress toward the goal set forth here can be assessed and remedial action taken as determined to be appropriate under the procedures set forth here and in the accompanying DRI Development Order. Policy 7.1.4 The Jobs Calculation. For purposes of making the jobs calculation, the Master Developer may consider all jobs created within the boundary of the Restoration SCD and count them as one full job. Additionally, the Master Developer may consider such additional jobs as are created after the commencement of work on the Restoration site that are within a three mile radius of the boundary of Restoration and within the municipal boundary of the City. This latter category shall be counted as one-half job. To document the jobs calculation, the Master Developer must submit information which is specific to the type of industry or business; i.e. retail/office/industrial, and provide a map showing the location of each nonresidential development that is included. For this purpose, jobs created in the public sector, i.e. Federal, state or local government including school jobs whether private or public shall be included. Development which is under construction may be included, provided that vertical construction will be completed within eighteen (18) months of the date of the submittal of the documentation. The Master Developer may demonstrate compliance with these Policies by surveying the expansion of existing businesses and/or the creation of new businesses by utilizing the following employment ratios, to-wit: 350 square feet of office = 1 job 600 square feet of retail/commercial = 1 job If any actual survey of existing nonresidential development is utilized, the documentation must include information on the nature of the business including the name of the business, the date 23 the information was generated and the name, address and telephone number of the individual supplying the information. GOAL 8: REDUCTION IN GREENHOUSE GASES: By utilizing the principles of Smart Growth, Traditional Neighborhood Design, Transit-Oriented Design and New Urbanism, the City seeks to reduce reliance on the automobile; and, therefore, reduce the production of greenhouse gases. Additionally, the City desires to moderate the demand for energy utilized to heat and cool houses and commercial structures built in Restoration, not only to reduce the production of greenhouse gases, but to conserve available energy resources. In the furtherance of this goal, the Restoration SCD development shall adhere to the following Objective and Policies. Objective 8.1: Reduce VMT through the Utilization of Sound Planning Paradigms. The objective of using the planning paradigms noted in the Goal is to create a framework that gives the City the best possible opportunity to reduce VMT and by doing so reduce the production of greenhouse gases. Further, the objective is to create a place where persons can live, work and play without undue reliance on the automobile while also enjoying a living environment that is "green." In order to implement this Goal and Objective, the Restoration SCD shall implement the following Policies: Policy 8.1.1: Compact Development Pattern. Compact development patterns shall be required so that land is used efficiently and at a density and intensity that assures that the planning paradigms noted herein are adhered to. Streets are to be narrow,buildings are clustered together and yard space is to be concentrated where it is most usable. These requirements shall be implemented through the adoption of the DRI Development Order and further refined and developed through the Restoration Regulating Book/Design Guidelines to be implemented as herein provided. Policy 8.1.2: Avoid Large Single Uses of Land and Provide for a Mixture of Land Uses. Except as otherwise provided at Policy 3.1.1(d), the Restoration SCD shall avoid large single uses of land and defer to a mixture of land uses. The Regulating Book/Design Guidelines shall provide for and require a mixture of uses to include residential, commercial, office, public/civic, recreation and Activity Based Open Space, and Resource Based Open Space all in a mixed-use configuration. This mix of uses shall occur both vertically and horizontally. On a vertical plane, commercial and retail uses may be augmented by residential uses above. With regard to horizontal mixing, the developer shall create a mixture of residential uses in close proximity to commercial, including retail and service uses and public/civic uses. The developer shall also incorporate appropriate cost stratification of housing products to ensure housing at various price points is developed throughout and to comply with the policies noted above at Policy 2.1.4 and Policy 6.1.2. The overall policy requires a fully-integrated community with a variety and mix of housing products at various price points and serving a variety of markets. 24 The SCD Total Land Area is 5,187.1 acres. Of that amount, approximately 3,872 (+ or -) acres have been designated as either Activity Based Open Space or Resource Based Open Space. The following maximum and minimum calculations are based on the portion of the Restoration SCD labeled as SCD Community Development on the CDA Map. This area is also referred to as the "build envelope" of the Restoration SCD. The build envelope consists of approximately 1,315.1 acres (+ or -). To ensure a variety of uses within the build envelope, the Restoration development shall be limited to the following: a. Residential -- The minimum amount of residential shall be forty-eight percent (48%) of the build envelope. b. Commercial—The minimum amount of commercial use (retail, service) shall be five percent (5%) of the build envelope. c. Office—The minimum amount of office use shall be five percent (5%) of the build envelope. d. Civic/Institutional — The minimum amount of Civic/Institutional use shall be six percent (6%) of the build envelope. For this purpose, Civic/Institutional shall include schools, utility sites, and other like kind government facilities. e. Recreation and Open Space — The minimum amount of Activity and Resource Based Open Space shall be fifteen percent (15%) of the build envelope. The minimum amount of Resource Based Open Space shall be fifty percent (50%) of the SCD Conservation/Restoration and the SCD Community Development area noted on the SCD Conservation/Development Areas Map. f. Work Place — The minimum amount of work place to include office/light industrial use shall be two and one-half percent (2.5%) of the build envelope. g. Mixed-Use — The minimum amount of mixed use which shall include a mix of at least two of either office, retail, institutional, service, public/civic and residential shall be five percent (5%) of the build envelope. 25 Importantly, when measured against the total land area of Restoration, approximately seventy- four point six percent (74.6%) of the total land area of the Restoration SCD shall be lands outside of the build envelope. The "build envelope" of the Restoration SCD consists of approximately 1,315.1 acres calculated as the total land area of Restoration SCD (5,187.1 acres) less all Resource Based Open Space (3,872 acres). The Resource Based Open Space includes the Conservation Area and SCD Conservation/Restoration areas as shown on the CDA Map. The build envelope of the Restoration SCD is to be comprised of the use groups identified above. No single-use group may exceed fifty-three percent (53%) of the build envelope. Policy 8.1.3: Walkable, Bikeable Community Design. The Restoration SCD shall incorporate a pedestrian and bike mobility system to provide for the efficient and pleasurable movement of pedestrian and cyclists throughout the development. This system shall include a hierarchy of pedestrian and bicycling facilities including sidewalks (at least five (5) feet wide), Bike Lanes (four (4) feet wide and limited to major arterials), multi-purpose recreational trails (at least ten (10) feet wide) and unimproved nature trails and boardwalks connecting residential areas with work, shopping, entertainment and open space/recreational opportunities. Pursuant to Policy 5.1.1(g) the developer will prepare and submit with the Regulating Book/Design Guidelines the details of the bike mobility plan and trail plan. Policy 8.1.4: Transit-Oriented Development. The Restoration SCD shall provide for the development of a Transit Corridor Plan. The Transit Corridor Plan shall lay out the strategy for the design, development and operation of a fixed-rail, electric transit system within the TRC to be built and operated by the developer and at no expense to the City. The transit system will operate in the TRC and be designed,permitted and constructed so that it is operational by 2021 or the end of Transportation Phase 2a as that term is defined in the DRI Development Order. In order to maximize the economic viability of the TRC, densities and intensities of development within both the MUTC and TRC shall, as set forth in Policy 3.1.1, be sufficiently high so as to support the utilization and economic viability of the transit system. To further assist in the economic viability of the transit system, the Regulating Book/Design Guidelines shall require that development at the site plan level be transit friendly to include reduced setbacks, pedestrian connections between buildings, parking in the rear of buildings, and the provision for transit shelters,provided, however, on-street parking shall be allowed in the multi-way boulevard described in Policy 8.1.5 below. In addition, the developer shall work with the City of Edgewater and Volusia County Public Transit System to ensure external connections are provided 26 between the Restoration SCD, the City of Edgewater and other incorporated and unincorporated portions of Volusia County. The design of the TRC shall support and facilitate the optimum and safe operation of the transit system. Policy 8.1.5: Williamson Boulevard as a Multi-Way, Transit Ready Boulevard. Williamson Boulevard is to be the primary north- south transportation corridor within the Restoration SCD and shall be designed, permitted and constructed so as to support the operation of a fixed-rail, electric transit system that shall, upon completion, run along Williamson Boulevard through the Restoration SCD. As a multi-way, transit-ready boulevard, Williamson Boulevard shall have a design profile that accommodates the operation of the automobile, the electric transit cars, bicycles and pedestrians. The design, dimensions and alignment of Williamson Boulevard shall be driven by the requirement that it support the overall need for continuous, direct and efficient vehicular movement from surrounding areas of the City and County through the Restoration SCD, coupled with the requirement that it further the concept of a pedestrian-oriented and transit-ready, operational roadway. GOAL 9: SCHOOLS: The City and the Volusia County School Board seek to ensure that opportunities for residents of the City and Restoration shall have adequate school facilities to serve the City and Restoration. Objective 9.1: School Concurrency. Residential development within the Restoration SCD shall be planned to ensure sufficient capacity within the public school system to meet the population needs consistent with and subject to "school concurrency" requirements imposed by Volusia County School Board from time to time. Policy 9.1.1 Capacity Enhancement Agreement. The applications for the construction of residential housing product within the Restoration SCD shall be coordinated with the Volusia County School Board to determine if there shall be sufficient student capacity to meet the requirements of the new development pursuant to standards and procedures as more fully set forth in the Interlocal Agreement for School Planning, Public School Facilities Element, and Section 206 of the Volusia County Charter. To accommodate the management of school capacity within the Restoration SCD, the Volusia County School Board, the City and the developer have entered into a Capacity Enhancement Agreement ("CEA") which has been designed to ensure that public schools can be timely planned and constructed to serve the student population. The CEA has been recorded in the Public Records of Volusia County, Florida at O.R. Book 6313, Page 219, Public Records of Volusia County Florida. The conveyance of the school sites shall occur on the earlier of (a) approval by the City of a final site plat or a final 27 plat for the 2,000`h residential dwelling unit or issuance of a Certificate of Occupancy for the same; or (b) upon approval by the City of all or a portion of the property wherein the portion of the property to be platted is to include one or the other of the parcels designated as school sites pursuant to the CEA. Consistent with the foregoing and the CEA, the developer shall convey to the School Board one or the other or both of the designated school sites upon completion of the School Board's inspection period and due diligence review. GOAL 10: RESOURCE EFFICIENT DESIGN AND OPERATION: The City requires that the Restoration SCD development include adherence to a suite of "green" building and design initiatives to the end that the structures (both residential and commercial) shall be designed, constructed and occupied using a variety of applicable green design and building protocols as hereinafter set forth. Objective 10.1: The Utilization of Defined Benchmarks and Metrics to Measure Success. Sustainable development practices are understood to include a variety of practices and protocols that are designed to allow development that promotes "resource efficiency" across a broad spectrum of resources. The primary objective of the City in promoting the Restoration SCD is to develop a rational and robust set of green infrastructure protocols that assure that development within the Restoration SCD uses a whole systems approach to the design, development, construction and operation of the Restoration SCD and to do so with defined benchmarks and metrics that can be used to measure success. Policy 10.1.1: Utilization of Innovative Sustainable Programs. The Restoration SCD shall utilize a number of innovative sustainable development techniques and measure the success of each to determine their individual and collective impact on conserving energy and water resources, internalizing trip capture and providing appropriate landscapes and biodiversity. The protocols to be used shall include the following: a. Site Design and Land Use. Calculate the density of residential units and intensity of non-residential units within the Restoration SCD in order to measure jobs per unit. Focus site design on creating required synergies to enhance and improve prospects for a walkable, transit- ready and transit-using community. b. Landscape and Biodiversity. Create balanced, multispecies living environments within the context of East Central Florida using native and other appropriate vegetation in the landscape palette with the goal of reducing water usage and treating groundwater so as to remove identifiable pollutants. Landscaping within the 28 built environment shall be substantially designed and installed using the University of Florida's Florida Friendly Plant List and managed in accordance with the University of Florida Yards and Neighborhoods Recognition Checklist (January 2007 Version). c. Transportation. Create multi-model synergies that facilitate a reduction in the use of the automobile, promote pedestrian and bicycle utilization and the use of transit. d. Energy. Design the built environment so it reduces the use of energy by incorporating green development practices in building design, construction and operation. Certification programs certifying compliance with this protocol that would satisfy the same are the United States Green Building Coalition Commercial Standard certification for commercial structures and for residential structures, USGBC LEED for Homes or FGBC Green Home Designation Standard. All buildings constructed within the Restoration SCD shall meet one of these criteria. e. Water. Design the water management system so that as nearly as possible it incorporates total water balance into the design, construction and operation of the development. The benchmarks and metrics by which the City and the developer shall measure "sustainability" shall be set forth and detailed in the DRI Development Order that is to accompany the adoption of this text amendment. It is recognized that the standards and protocols which define sustainability are constantly evolving such that what is determined to be acceptable today may be unacceptable tomorrow. As new programs or technologies emerge that may be more supportive of the goals that are both explicit and implicit in the development of the Restoration SCD, the City and/or developer shall seek to incorporate them into the DRI Development Order by using adaptive management over the life of the Restoration SCD. The goal is to ensure that the most current programs,policies and protocols are used throughout the life of the Restoration SCD. GOAL 11: CONFORMANCE WITH THE GOALS, OBJECTIVES, POLICIES: The City shall ensure that development within the Restoration SCD area is in conformance with the goals, objectives and policies, contained herein, through the execution of the DRI Development Order, the adoption of Restoration Regulating Book/Design Guidelines, the adoption of the Restoration PUD Zoning Overlay and such further and other agreements as may be necessary to ensure the outcomes contemplated by this land use text amendment. Objective 11.1: Maintaining Conformity with Goals, Objectives and Policies. The objective of the City is to make sure that the broadly-stated goals, objectives and policies described in this Restoration SCD text amendment are refined and set forth in more detail in the DRI Development Order and accompanying documents and agreements so as to ensure to the 29 fullest extent practicable that the Restoration SCD shall be developed and managed consistent with this text amendment. Policy 11.1.1: Creation of the Restoration Planned Unit Development. The City shall allow development of the Restoration SCD or any portion of the same to proceed upon the adoption of the Restoration Sustainable Community Development/Planned Unit Development ("SCD/PUD") zoning category and the accompanying Regulating Book/Design Guidelines in a form that is consistent with the Restoration DRI Development Order and the Restoration SCD Future Land Use Category together with the SMMP as previously provided in Policy 1.1.3 above. This shall require the preparation, submission and approval of a SMMP, a Zoning/Land Use Plan and a Restoration SCD/PUD prior to the initiation of construction within the Restoration SCD, or any sub- districts, or portion thereof. Map "H," as approved and appended to a DRI Development Order, shall serve as the basis for a Zoning/Land Use Plan. The Restoration SCD/PUD Regulating Book/Design Guidelines shall contain planning and urban design standards that govern development within the Restoration SCD/PUD and where the Restoration SCD/PUD Regulating Book/Design Guidelines conflict with existing City Land Development Regulations, the Restoration SCD/PUD Regulating Book/Design Guidelines shall control. All properties to be developed shall undergo the Restoration SCD/PUD Rezoning process,which involves two steps: Step 1: Zoning/Land Use Plan approval provides zoning approval on the overall Restoration site. Step 2: Development Plan approval may occur in a staged process and as increments of the overall Land Use Plan are submitted for approval. A Development Plan may be approved by the City Council after review by the Planning and Zoning Board. Nothing herein shall preclude the developer from making application to the City to amend or modify a previously adopted Zoning/Land Use Plan as and when the developer determines such an application is appropriate. The Regulating Book/Design Guidelines shall address and describe in appropriate detail the following areas: • Principles of the Plan • Environmental/Open Space Development Standards • Streets,Roadway and Utility Standards • Mixed-Use Town Center Development Standards 30 • Work Place Development Standards • Residential Development Standards, • Infrastructure and Engineering Development Standards • Transit Development Standards • General Landscaping Standards • Lighting Standards • Signage Standards • Definitions Policy 11.1.2: Processing of Development Approvals. Because the Restoration SCD requires for its implementation the integration of a number of different land uses including office, commercial, retail, residential, recreational, institutional (including governmental) all of which are to be arranged within the built environment with a vigorous effort to utilize sustainable principles, it is recognized that modifications to the existing Land Development Regulations of the City are necessary and desirable to accommodate and allow for the implementation of the Restoration SCD. It is contemplated that the Restoration SCD shall accomplish the required modifications to the City Land Development Code through the review and approval by the City of the Regulating Book/Design Guidelines using the PUD zoning process to accomplish the same. The property within the Restoration SCD/PUD district shall be rezoned to PUD prior to commencement of development. The rezoning shall include a Zoning/Land Use Plan with a description of how the overall site plan meets the Goals, Objectives and Policies set forth herein. The Zoning/Land Use Plan and the accompanying Regulating Book/Design Guidelines shall define with particularity how each of the development components of the Restoration SCD/PUD development shall be implemented. The Zoning/Land Use Plan shall set forth the capacity for development inside the areas designated as Restoration SCD/PUD on a site -specific basis and in conformity with the limitations described herein. In addition to the maximum base amount of any specific land use category described herein, development capacity may be altered but may not exceed that which is set forth herein. Policy 11.1.3: Coordination on Transportation Improvements. Where road improvements required by the adoption of the Restoration SCD designation are provided for in the DRI Development Order contemplated by this designation, then the City of Edgewater will amend its Comprehensive Land Use Plan and its Transportation and Capital Improvement Elements to incorporate the road improvements provided for in the DRI Development Order. Where the road improvements are provided for in the DRI 31 Development Order, but are outside the jurisdiction of the City, Interlocal Agreements with the affected jurisdiction shall be required and identify the source of capital and the timing of construction for those specific road improvements such that the road improvements are provided prior to development in the affected area of the Restoration SCD. The road improvements to be undertaken within the first five years of the development of Restoration are, or shall be,included in the City's CIE. Policy 11.1.4: Maximum Daily Trips at Build Out. The land use and resulting trip generation for the Restoration SCD land use shall not exceed 114,828 daily two-way trips at build out as calculated by the then current Institute of Transportation Engineers ("ITE") Trip Generation Manual. Policy 11.1.5: Funding of Public Facilities and Infrastructure. To ensure the provision of adequate public facilities that are fiscally neutral and avoid inequitable burdens on parties outside the Restoration SCD, public facilities and infrastructure for development within the Restoration SCD shall be funded and maintained by the developer, its successors and assigns, including, without limitation, a Community Development District ("CDD") formed in accordance with Chapter 190, Florida Statutes, or such other financial mechanisms that are not dependent upon a budgetary allocation of the City of Edgewater. For the purpose of this Policy, the term "public facilities and infrastructure" includes the following: (1) water and water supply systems, (2) stormwater management systems, (3) roads, (4) transit system, (5) sewer and wastewater systems, (6) fire, emergency operations, EMS and Police, and (7) restoration of wetlands, uplands and ecological features of the Resource Based Open Space. To the extent a new city hall is to be built, the provisions of the DRI Development Order shall be controlling for purposes of allocating the financial responsibility for the same. 32 GOAL 12: FLOOD PLAIN MANAGEMENT: The City, in the furtherance of the Restoration SCD, recognizes that modifications and adjustments to its Land Development Regulations are necessary to accommodate the Restoration SCD. Those adjustments shall be undertaken consistent with the Policies set forth below. Objective 12.1: Revised Flood Plain Management Policies and Protocols. The objective is to create a series of Policies that are consistent with established state and Federal law and protocols to ensure the proper administration of floodplain development and management in a post-development setting within the Restoration SCD. Policy 12.1.1: Floodplain Management. The City shall maintain a floodplain management ordinance,which includes the development standards required for participation in the Federal Emergency Management Agency ("FEMA") National Flood Insurance Program. The ordinance shall require that any new construction or substantial improvement of any existing structure have the lowest finished floor elevated to at least one (1) foot above the established 100- year flood elevation. Policy 12.1.2: In areas that are designated by FEMA as Zone "A" (no elevation established), a flood study of the Restoration SCD site, as prepared by a qualified State of Florida Licensed Professional Engineer, subject to technical review by the City, shall be required to establish the existing base flood elevation(s). Such flood studies shall be submitted to FEMA as a Letter of Map Revision ("LOMR") to establish the existing conditions base flood elevation(s). Elevations shall be established prior to approval for construction of any portion of the project lying within the existing FEMA flood zone. Policy 12.1.3: After establishment of the FEMA Base Flood elevation(s), all new projects must protect the natural functions of the floodplains in the City and adjacent jurisdictions, with the understanding that new major projects occurring within the Restoration SCD Future Land Use Designation area may provide for innovative floodplain protections and provision of compensating storage (based on the open space set-aside), and may be used to redefine the floodplain limits subject to the Restoration SCD/PUD Regulating Book/Design Guidelines described above. The Restoration SCD/PUD Regulating Book/Design Guidelines shall include requirements that the proposed design demonstrates that there are no adverse flood impacts to any offsite properties. The floodplain management procedures and regulations established in the SCD/PUD Regulating Book/Design Guidelines as approved by the City shall supersede the current floodplain management standards contained in the City's Land Development Code and be controlling for purposes of the Restoration SCD. 33 Policy 12.1.4 Following approval of the conceptual master plan as required for site PUD zoning, a site-wide FEMA Conditional Letter of Map Revision ("CLOMR") establishing the proposed site-wide floodplain management program, floodplain extents and elevations shall be submitted to FEMA. The developer must submit the CLOMR prior to the commencement of any construction project that impacts areas within the existing FEMA flood zone limits. Policy 12.1.5 All construction projects to be undertaken with the Restoration SCD shall submit engineering calculations to the City for review to the extent required by the City to demonstrate that the project to be undertaken is consistent with the floodplain impacts and mitigation as approved in the CLOMR floodplain management program. Policy 12.1.6 The floodplain management program to be included in the CLOMR shall comply with Section 804.01(3) of the Volusia County Land Development Code. Objective 13: Restoration Sustainable Community Development District ("SCD'). The Restoration SCD is hereby established as shown on the Map I-8 Future Land Use Map ("FLUM"). Objective 14: Maximum Density and Intensity for Restoration SCD. The density and intensity of the Restoration SCD District shall be limited to 8,500 residential units and 3,300,000 square feet of non-residential square feet. The density and intensity of the approved project shall be indicated on the FLUM. 34 4' t glo A CO!V 8 E 117., 7.4 A .5 110. CA O 4—, c.) To O• VI 4. 0 0.1 g ■44 O 4., 0 •■•, = L—_ a. cts c.> 0 • —c 0 0 'g) 0 0 0 (-4 Exhibit A . r, ,..7K Ce.,,, V./2:::(10Vh. It 4/fr. ' )iri(7 *7 ■ 40?4,V7? '.4 ; 11 ' ..1 . ,e - , 4* -,•� p i „v. * iiiir,i � 0.0. ,:ri 4-040:., ; a , r1 4 � ,,. To /' -r► ' . 11—"P.,►/r i(, , .:.,.,9,......,‘,,, , E .0 : ii /` . y,„- jam / r� ?0� An��� �� ,+� ' ♦ GAS .1„„..i.. .10.000,” -'� ►�y;).. lAiefdi ,S W&0111:1: °.°01.1PP)°°. IS ;11141.11PrieVitl0.4°' 11‘ * '''' Nio. 014116 0.41h I -4.4 i es tD9,,,,e \----tLp i .. , _ea, 111.11...' ,,,,,,wor: .44 ,,,,,,,„,3.4,0 ..... ..- , i c . .,,...__ __„,,,,,ti.,,rooti- „, 1110 _ ,, . ,_ z Ul 0 V,I.4 OIL 041 II, i w tilkW :' Ul o V i 4 . o O W O H O Q gii /1,11-: V 1 . 04 w(n O U a a �b AGENDA REQUEST Date: January 24, 2013 PUBLIC HEARING RESOLUTION 02/04/13 ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION Resolution No. 2013-R-02 A Resolution expressing sympathy for the loss of life and tragedy affecting all lives on December 14, 2012 in Newtown, CT and expressing support of the Conference of Mayors call to action to control gun violence. BACKGROUND At the request of Councilwoman Power this Resolution was presented to Council at the December 3, 2012 Council meeting. At that time the consensus of Council was to place the Resolution on the next meeting agenda for consideration. The Resolution expresses the City's sympathy toward the tragedy that occurred on December 14, 2012 and expresses support of the Conference of Mayors call to action to control gun violence. RECOMMENDATION Staff recommends City Council consider approval of Resolution No. 2013-R-02. ACTION REQUESTED Consideration to approve Resolution No. 2013-R-02. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Concurrence: 4111, hIcUl i Q lam, i ...( Bonnie Wenzel `cey '. Bar ow City Clerk City .nager Robin Matusick Paralegal RESOLUTION NO. 2013-R-02 A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA, EXPRESSING SYMPATHY FOR THE LOSS OF LIFE AND TRAGEDY AFFECTING ALL LIVES ON DECEMBER 14, 2012 IN NEWTOWN, CT; EXPRESS SUPPORT OF THE CONFERENCE OF MAYORS CALL TO ACTION TO CONTROL GUN VIOLENCE; REPEALING RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY AND APPLICABILITY AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edgewater, on behalf of the residents of the City, who share the sorrow of the nation at the recent tragedy in Newtown, Connecticut, wishes to express our condolences to the victims and their families, to their community, and to all whose lives have been affected by the tragic events of December 14, 2012; WHEREAS, the age and innocence of the victims makes December's tragedy profoundly moving, but the realization that the tragedy in Newtown is only the most recent in a trail of tragedies that spans the nation, and spans decades, demands action. WHEREAS, beyond the tragedy, and the unbearable loss and pain, that was inflicted on one community in Connecticut that Friday morning, the carnage at Sandy Hill Elementary School is a call to action by our nation and our leaders at all levels of government to prevent violence against children; WHEREAS, such action would honor the memory of the children killed in Newtown, and honor the actions of the brave educators who stood up to the violence, six of whom died trying to protect the children in their care, while others risked their own lives to protect other children; 1 #2013-R-02 WHEREAS; it is important that we honor their actions, but it is even more important that we take action to prevent future tragedies and ensure the safety of our children; WHEREAS, the City of Edgewater therefore wishes to express support for the efforts begun by the President and Congress to understand the causes of such violence, the role of firearms in such tragedies, and effective actions that can be taken to prevent and deter such acts of violence; WHEREAS, the City Council of the City of Edgewater also wishes to express support for the call by the United States Conference of Mayors and others for the President and Congress to immediately take legislative action to accomplish such purposes, including making the national background check for firearm purchasers more effective to deter individuals intent on violence from acquiring firearms, and significantly increasing the criminal penalties for "straw" purchases or illegal transfers of firearms; WHEREAS, such laws will not, and should not, prevent the safe and responsible ownership and use of firearms by the citizens of the City of Edgewater, the State of Florida and the United States of America, for sport, recreation and self-defense purposes; WHEREAS, such laws should, and will, promote and enhance the safety of our children, and their right to grow up and live full and productive lives, free of fear and injury; WHEREAS, the City Council of the City of Edgewater further urges federal and state legislators to allocate funds to federal, state and local law enforcement agencies to enforce existing and proposed firearm safety laws; 2 #2013-R-02 WHEREAS, the City Council of the City of Edgewater also urges federal and state legislators to allocate funds and resources to mental health agencies to identify and provide services and support to those individuals who may be prone to acts of violence, and to their families, in order to prevent such acts; WHEREAS, such legislation is a necessary, but not sufficient, step toward preventing gun violence, but is a step on the path of leadership towards accomplishing that goal; WHEREAS, the City Council of the City of Edgewater urges our leaders to immediately take these initial steps, then continue on that path to change the culture of violence that pervades our society, and our nation. WHEREAS, the City Council will support and continue those efforts at the local level, including continuing an open dialogue with all residents of the City on local action that should be taken to protect all residents of the City from gun violence, but most especially our children; NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida: Section 1. Express the sympathy of our community for the loss of life at Sandy Hill Elementary School and for all the lives affected by the trauma of the senseless act of violence inflicted on the students and staff of the School, and on the community of Newtown and beyond; acknowledge and honor the brave acts and sacrifice of the educators and staff who stood up against that senseless act of violence inflicted upon the students, and pledge to work to honor their bravery and sacrifice by supporting action to prevent such tragedies. Section 2. Express its support for the call to action to control gun violence that is urged by the Conference of Mayors; 3 #2013-R-02 Section 3. Authorize the City Clerk to send a copy of this resolution to the elected officials of the Town of Newtown, Connecticut, and to the School District in which Sandy Hook Elementary School is located, as evidence of the City's sympathy and support; Section 4. Authorize the City Clerk to send a copy of this resolution to the President of the United States, the leaders of the Senate and the House, and the elected representatives of the City of Edgewater in the United States Congress, the Florida Legislature and the Volusia County Legislature, the Chairman of the Conference of Mayors and other individuals and organizations, as evidence of the City's support for prompt and effective action to accomplish the purposes set forth above, protect the safety and well-being of our children by ensuring that all firearms are used safely and responsibly, and allocate the resources necessary to provide mental health services to those at risk of violent behavior and enforce gun control laws. Section 5. Adoption and Effective Date. This resolution shall take effect upon adoption. After Motion to approve by with Second by the vote on this resolution held on , 2013, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter 4 #2013-R-02 PASSED AND DULY ADOPTED this day of , 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie Wenzel Mike Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater, FL at a meeting held on this 4th day of legality by: Aaron R. Wolfe, Esquire February, 2013 under Agenda Item No. 8 . City Attorney Doran, Sims, Wolfe &Kundid 5 #2013-R-02 AGENDA REQUEST Date: January 24, 2013 PUBLIC HEARING February 4, 2013 RESOLUTION X ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION: Resolution No. 2013-R-03 Resolution adopting the City of Edgewater Bicycle/Pedestrian Facility Master Plan APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Approve the resolution adopting the City of Edgewater Bicycle/Pedestrian Facility Master Plan. BACKGROUND: Pursuant to the City of Edgewater 2012 Project Goals, staff was charged with identifying locations for and drafting a plan for future additions/improvements of pedestrian/bicycle systems within the City. The proposed plan is the result of this direction and provides better guidance for City staff, property owners and developers in determining where bicycle/pedestrian facilities are needed to create an effective pedestrian network within the City. STAFF RECOMMENDATION: Staff recommends approving Resolution 2013-R-03,the resolution adopting the City of Edgewater Bicycle/Pedestrian Facility Master Plan. ACTION REQUESTED: Motion to approve Resolution 2013-R-03. FINANCIAL IMPACT:(Finance Director) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM# Respec P Ily submitt-i, Concurrence: i LA __ ,, • bib . . a Dar -n Lear Robin L. Mat sick Development Services Director Paralegal racey T arlow City M ager RESOLUTION NO. 2013-R-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; ADOPTING THE CITY OF EDGEWATER BICYCLE/PEDESTRIAN FACILITY MASTER PLAN; REPEALING RESOLUTIONS IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the citizens of Edgewater have shown an interest in bicycle and pedestrian use within the City; and WHEREAS, a well planned bicycle/pedestrian system helps make an affordable mode of transportation available to all citizens; and WHEREAS, numerous benefits result from the active bicycle and pedestrian use, including an alternate, non-motorized transportation option and, by enhancing the health, well being and quality of life for our citizens and promoting community investment, economic growth and development; and WHEREAS, a Bicycle/Pedestrian Facility Master Plan (the "Plan") will guide City staff, property owners and developers in determining where bicycle/pedestrian facilities are needed to create an effective bicycle/pedestrian network within the City; and WHEREAS, the City Council of the City of Edgewater, Florida, finds it to be in the public interest to adopt the Plan as presented; NOW, THEREFORE, be it resolved by the City Council of Edgewater, Florida: Section 1. The City of Edgewater hereby adopts the City of Edgewater Bicycle/Pedestrian Facility Master Plan which is attached hereto and incorporated herein as Exhibit"A". Section 2. All resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed. 2013-R-03 Section 3. This resolution shall take effect upon adoption. After a motion by with second by , the vote on this resolution is as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this 4th day of February 4, 2013. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Bonnie A. Wenzel Michael Thomas City Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater Florida. Approved as to form and legality by: at a meeting held on this 4th day of February,2013 under Aaron R. Wolfe,Esquire Agenda Item No 8_. City Attorney Doran, Sims,Wolfe&Kundid 2013-R-03 EXHIBIT "A" 2013-R-03 4■100 City of r0GETtRl City of Edgewater Bicycle/Pedestrian Facility Master Plan ..: 4 _ tea y I k�.lt` ' - ate,... :'----_.. -. —.. SlailikitC ,..: _ I -r a m , «. Or t - --.. .y ry il , 1-- 1 I INTRODUCTION/PURPOSE Bicycle and pedestrian facilities are defined as sidewalks, trails, curb ramps, traffic calming and control devices,grade separated crossings,wide shoulders and other technology, design features, and strategies intended to encourage bicycle/pedestrian travel. Walking and bicycling have become more fully recognized as basic forms of transportation that contribute many benefits to the welfare of the public. Not only do these forms of transportation offer improved health and fitness, they also promote a cleaner environment and present affordable transportation options to all ages and segments of our society. Improving active modes of transportation and the bicycle/pedestrian environment will enhance residents' quality of life and provide an important transportation option. Improving the bicycle/pedestrian environment will also bring benefits associated with reducing vehicle traffic. However, there are numerous streets in the City of Edgewater (City) which lack adequate bicycle/pedestrian facilities and major thoroughfares where there are no bicycle/pedestrian facilities present the greatest need. The lack of adequate bicycle/pedestrian facilities and the gaps in existing bicycle/pedestrian facility connections are a major concern for pedestrians as our society continues to reduce their dependency on motorized vehicles. Most alarmingly, according to Dangerous by Design 2011 (Ernst), the top four most dangerous metro areas for pedestrians were in Florida and on a whole; Florida is ranked as the most dangerous state for pedestrians in the United States. The purpose of the Bicycle/Pedestrian Facility Master Plan is to provide an enhanced and continuous bicycle/pedestrian facility system, with the goal of implementing bicycle/pedestrian connections to schools, parks, certain points of interest, etc. The City of Edgewater (City) has conducted extensive review of the City's existing system within the City limits. The bicycle/pedestrian facility study incorporated several components: development of a bicycle/pedestrian facility system inventory, incorporation of the inventory in the City's Geographic Information System (GIS), establishment of criteria to evaluate and prioritize the need for bicycle/pedestrian facilities in areas where it does not exist, and investigation of potential external funding sources for bicycle/pedestrian facility construction. The processes utilized in determining areas for future bicycle/pedestrian facility construction were broken into the following steps: o Inventory of the existing core bicycle/pedestrian facility network within the City. 1 ♦EDGEWATER1 o Existing system analysis to determine where new bicycle/pedestrian facilities would improve bicycle/pedestrian facility function and access, and develop a cost estimate the City can use for planning purposes. o Evaluate all possible funding sources. o Recommendations for developing a policy for bicycle/pedestrian facility placement on existing streets. It should be noted that pursuant to the City's Land Development Code, all new developments are required to install sidewalks. An example of a developer's commitment to bicycle/pedestrian facilities is the Restoration Development of Regional Impact located west of Interstate-95. The Restoration project will have an extensive trail system throughout the site and will eventually connect to East Central Florida Rail Trail. BICYCLE/PEDESTRIAN FACILITY INVENTORY Utilising the current aerial photographs, City staff mapped the existing bicycle/pedestrian facility system within the City into the City's GIS. A bicycle/pedestrian facility system map was completed, and City staff reviewed the bicycle/pedestrian facility locations. The map was then updated to include information which was not visible from the aerial photographs. This information was incorporated into the final bicycle/pedestrian facility inventory map, which is included as Exhibit "A" in this report. Existing bicycle/pedestrian facility conditions were not included in this document since City staff inspects existing bicycle/pedestrian facilities annually. BICYCLE/PEDESTRIAN FACILITY SYSTEM ANALYSIS Filling gaps in the existing bicycle/pedestrian facility system and adding bicycle/pedestrian facilities on the opposite sides of streets that currently have a bicycle/pedestrian facility on only one side is a priority. However, certain impediments can occur where it may not be feasible to place bicycle/pedestrian facilities on both sides of the street. These include: o Areas where placement of bicycle/pedestrian facility may involve a large amount of grading or earth retention. o Areas where the existing right-of-way is not wide enough for two bicycle/pedestrian facilities. o Areas where topographical items (existing retaining walls, extensive landscaping, fences, stormwater concerns etc.) conflict with the proposed bicycle/pedestrian facility route. 2 s v-DGEwATFR1 Where the above instances arise, a continuous bicycle/pedestrian facility system should be constructed on one side, staying conscious of any point of interest on the opposing side. Accesses to certain points of interest within the City were also evaluated,which is consistent with the recommendations of the American Association of State Highway Transportation Officials (AASHTO) Policy on Geometric Design of Highways and Streets (2011). The six categories studied in the City included: o Schools o Parks o Places of Worship o Medical Offices o Bicycle/Pedestrian Facilities o Shopping Centers Gaps adjacent to each location of interest were evaluated to determine if they were significant in providing an uninterrupted path from a major street to the point of interest. Higher priority for future bicycle/pedestrian facility improvements was assigned to those gaps that caused a break in the bicycle/pedestrian facility network. Lower priority was assigned to those gaps where an alternate route on at least one side of the road is available that provides a continuous length of bicycle/pedestrian facility from the major route to the point of interest. ESTIMATED COSTS The majority of existing bicycle/pedestrian facilities within the City are generally 4-feet-to 5-feet wide in areas of newer pedestrian facility construction. Table 1—Estimated Cost for New Bicycle/Pedestrian Facility Construction (2013 Dollars) 4 foot wide/4 inches thick $14.75 per lineal foot 4 feet wide/6 inches thick $15.25 per lineal foot 5 feet wide/4 inches thick $15.75 per lineal foot 5 feet wide/6 inches thick $16.75 per lineal foot 8 feet wide/4 inches thick $20.25 per lineal foot 8 feet wide/6 inches thick $21.25 per lineal foot 3 FDGFWATFR1 The following assumptions were made in developing these estimated costs: o A standard 4-inch-thick concrete bicycle/pedestrian facility is used in all areas except for driveways and bicycle/pedestrian facility ramps. In those areas the bicycle/pedestrian facility will be 6 inches thick. o Costs associated with grade corrections and sloping, stormwater modifications and piping, existing bicycle/pedestrian facility removal, and removal items (i.e., trees, retaining walls, landscaping) are not included in the estimate. POSSIBLE FUNDING SOURCES While not completely exhaustive, the following funding sources (provided by the Volusia County Transportation Planning Organization) are available to the City for future system construction: FEDERAL o Transportation Alternatives Program (TAP) — Federal Highway Administration (FHWA) sends funds to the Florida Department of Transportation (FDOT) who awards grants to locals. FDOT sends the money to the Department of Environmental Protection (DEP) who awards and administers grants to locals through the Office of Greenways and Trails (OGT.) In order for a project to be eligible for this funding, it must be included on the Volusia Transportation Planning Organization (11)O) Transportation Alternatives priority list and the Long Range Transportation Plan. There are various types of Transportation Alternatives Funds (Safe Routes to School, Recreational Trails, etc.) that are commonly used on projects consisting of trails/sidewalks/pedestrian facilities, amongst many others. There is a 20%local match for TAP funds. o Urban Attributable Funding (XU or SU Funds, these are synonymous) - Federal Highway Administration (FHWA) sends funds to the FDOT. XU/SU funds are distributed to, and controlled by, the local Transportation Planning Organization (1'PO) or Metropolitan Planning Organization (MPO) who awards grants to locals. These funds can be expended on various projects including, but not limited to, trails and bicycle/pedestrian facilities. XU/SU grants are awarded through the Volusia TPO's Priority Process. There is a 10% local match for XU/SU funds. STATE o County Incentive Grant Program (CIGP) — Florida Department of Transportation (FDOT) awards grants to counties through an application process. Counties share 50% of the 4 lfDGEWATFa1 project cost. CIGP grants are awarded through an application process administered by FDOT. LOCAL o Ecological, Cultural, Heritage and Outdoors (ECHO) —Volusia County ECHO grants program provides funds to finance acquisition, restoration, construction or improvements of facilities to be used for environmental/ecological, cultural, historical-heritage, or other outdoor recreation purposes with public access. Passed by referendum in 2000, the ECHO program is due to sunset in 2021. o Pedestrian System (Sidewalk)Development Fees—As provided for in the City's Land Development Code. RECOMMENDATIONS o Continue and expand the existing City policy to require bicycle/pedestrian facility construction in all new commercial and residential developments at the time of infrastructure construction. o Fill higher priority gaps in the bicycle/pedestrian facility system adjacent to points of interest. o Fill lower priority gaps in the bicycle/pedestrian facility system adjacent to points of interest. o Fill gaps in the bicycle/pedestrian facility system outside the areas of interest, particularly adjacent to State and federal roadways. o Place bicycle/pedestrian facilities on the opposite sides of streets that already have bicycle/pedestrian facility on one side of the street where practical and cost-effective. o Consideration by present and future City Councils for allocating funds to be utilized as match for future grant opportunities. o Evaluate the feasibility of adopting a mobility fee for future funding of bicycle/pedestrian facilities. 5 EDGEWATERI Exhibit "A" 6 I I V•1 H a1 ■ >1 6. V N. r .1 \ . \ \ W ...Sl/—\ —.b• \ J 1 1 , 4_..... N 5 r EDGEWATER w E .• 0. City Limits "` s City of Edgewater ECFRRT Trail - v� Future Sidewalks , Bicycle/Pedestrian Facilit y / ✓Existing Sidewalks ._ � Master Plan /V Existing Bike Lane 1 10,t.*Iv p S �� Ill . • , 411k .„ -,, ■tilizo ..f",. :.-- : M4PA!! '71'. .-- . - R . t,, , , ���°9 V it rillib E Oa' D�i� Y Ya og / (--,,, . 00,3., 1 •.. 4i.,*# ' . , cflvi ,. , 9,....,..,.so„. ,„. ,..00:, .A.,.......it. *ilk. lok,,, .., , 5,. 10 .t. ‘. 'y W 1.' ...: .GS 00 GE>� PJ D ' o--' 309?-6. • T- ' ‘isit(_) ) W�1 • .• ' . I:t4i-i. i '.• 0. , A .,,,-1,,I, c>. 9 12TH ST .� �� .:L:• D • :FyT ST = N_T•' - - lit S S I,'AN RIVER 1'N 111" y OO" ■1 • . . 1r i . ° -. .-.Q I PIP +nF,� R w++ww / HERON.. i • , * l'7■5/‘. \\S\ ,C:',...,..'':.: .,'%J.111111E6- ' ".1 g 4 1 1 Av ■. ., • 1\ 0 � o II q ` ` _. `RD qv;TOPSID:q,.. • 4$ p I'''. cl NEVA.,'E' t EELS GROVE R %i Gp .:,511 P - i V. M�gOc• ri x, )6111— , .o \ *I \IN , LYNN RD 114:\\ D 1 ` �jD' GN Ti t\ \ t • • u A, 11". .., . .yam it, Y S ..., .. ■ , . ci 5.,d AGENDA REQUEST NO NAME-SA-1301 Date: January 14, 2013 PUBLIC HEARING February 4, 2013 RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS ITEM DESCRIPTION Todd Johnson, applicant for No Name Saloon, located at 2001 S. Ridgewood Avenue is requesting a Special Activities permit for Bike Week 2013 events with outdoor music to be held March 8 through March 17, 2013. BACKGROUND The event is scheduled to be held March 8 through March 17, 2013, with the hours of operation being from 10:00 a.m. to 3:00 a.m., outdoor entertainment will be provided from 12:00 p.m. to 10:00 p.m. No amplified public address system will be permitted after 10:00 p.m. each day. The applicant will be responsible for any law enforcement and other expenses the City incurs during this event. Property owners within 500-feet have been notified of the public hearing. STAFF RECOMMENDATION The Technical Review Committee has reviewed the application and recommends approval of the special activities permit to allow No Name Saloon to hold Bike Week 2013 activities with outdoor music from March 8 through March 17, 2013, based on following conditions: 1. All gates must remain unlocked for emergency ingress/egress; 2. Access must remain open to the rear of the building to allow emergency vehicle access to open area on the south side of the business; 3. The fire hydrant on Boston Road may not be obstructed in any way, which would prevent immediate access for its use; 4. The occupant load of the assembly area may never be exceeded; 5. No parking shall be permitted within the U.S. Highway 1 right-of-way. No parking shall be permitted within the Boston Road right-of-way. These areas shall be clearly marked (i.e. taped off) and kept free from vehicle encroachment at all times. Parking along U.S. Highway 1 must be east of the western wall of the main building; 6. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit; 7. The applicant fully complies with Section 21-37 (Special Activity Requirements) of the Land Development Code and Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances; 8. The applicant shall provide "Heavy Traffic Ahead" signs; 9. No outdoor amplified public address system shall be in use after 10:00 p.m.; 10. Vendor Information sheets must be completed for all vendors and submitted to this office prior to the permit being issued; 11. No parking is permitted in public right-of-ways or in the site visibility triangle; 12. Uniformed police detail officers shall be present during heavy attendance days to facilitate safe crossing of U.S. Highway 1. Additional officers should be added if attendance exceeds the capability of officers to handle flow or if pedestrian safety issues arise; 13. U.S. Hwy 1 must be coned in front of the business to slow traffic and prevent accidents; 14. Motorcycle parking along U.S. Highway 1 is not permitted and all vehicles must be moved to off-site areas for safety reasons. Signage prohibiting parking along roadway and enforcement action to support such shall be in place. 15. Informational signage used to direct vehicle traffic,parking or pedestrian traffic should be professionally manufactured using reflective type material for dark conditions. ACTION REQUESTED Motion to approve the special activities permit to allow No Name Saloon to hold Bike Week 2013 activities with outdoor music from March 8 through March 17, 2013 based on staffs recommendations. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respe. ully Sub ,:tted By: Concurrence: I 4 A, /4 A.. 2t).;:ji ,<&•n- Darr:n -ar Robin Matusick Development ervices Director Paralegal 4 ; , r T, acey T..:arlow ity M nager SPECIAL ACTIVITY PERMIT NO NAME SALOON 2001 S. RIDGEWOOD AVENUE EDGEWATER, FLORIDA 32132 APPLICANT: Todd Johnson FUNCTION: Bike Week 2013 Event SPECIAL ACTIVITY PERMIT REQUIREMENTS 1. A Special Activity Permit has been issued for No Name Saloon—Bike Week 2013 event to be held March 8, 2013 through March 17, 2013, with the hours of operation being from 10:00 a.m. to 3:00 a.m. Outdoor amplified public address system shall be permitted from 12:00 p.m. until 10:00 p.m. (10 days at $200.00 per day Fee of$2,000.00 paid). 2. All conditions of the City's Code of Ordinances, nuisances, noise, health, sanitation and miscellaneous offenses, unless otherwise provided for, shall be applicable during the activity. 3. Proposed use will not result in unsafe ingress and/or egress for pedestrians or vehicles, and shall comply with parking requirements for that use. 4. A description of adequate provisions for parking will be supplied in advance to the Development Services Department for staff review. Applicant must obtain written permission from all property owners granting authorization to use their property for this event, including use for parking facilities. Applicant will supply adequate manpower for parking vehicles during the event. 5. Applicant shall provide the City Clerk with a bond or an insurance policy to protect City from liability in form and substance acceptable to City of at least $500,000 if no on-site alcohol consumption is proposed and $1,000,000 if on-site alcohol consumption is permitted and/or pyrotechnics are proposed to indemnify and hold the City harmless of any and all liabilities. Applicant will also sign a Hold Harmless Agreement. 6. Sanitary facilities must be adequate for expected attendance and remain on site for the duration of the event including potable water, if necessary. 7. No parking is permitted in public right-of-ways or in the site visibility triangle (Exhibit `A'). 8. The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code compliance, building and/or City administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require code compliance, police, and/or fire department personnel to remain on site during the activity. The cost of said personnel shall be reimbursed to the City by the sponsor/promoter. Appropriate State of Florida agencies are responsible for the inspection of amusement 1 rides and public food preparation facilities. 9. The proposed use will substantially comply with the appropriate Life Safety Code and Building Code requirements. Plans must be approved by Fire and Police Departments. 10. No signage for advertising the event shall be placed on any public right-of-way. Any signs used for the event must be permitted and inspected by the Development Services Department. All signs shall be removed within 1 day of the end of the event. 11. The number of special activities at any given location or address shall not exceed one 10-day period and two 1-day charitable events/activity between the period of January 1St through June 30th; and one 10-day period and two 1-day charitable events/activity between the period of July 1st through December 31St. Any exemptions to these requirements must be approved by City Council. A letter of authorization from property owner must be supplied to the City. 12. The proposed use is limited to a specific period of time listed on the Special Activity Application, not to exceed ten days. 13. The proposed use will operate only during the specific daily time period requested on the application. 14. The proposed activity will direct on-site lighting away from adjacent parcels and roadways. 15. It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshal shall verify such compliance is obtained. 16. No electrical cords to be placed across driveways or driving lanes. 17. No open flames permitted. 18. Fire extinguishers (minimum size 2a40bc) must have valid inspection tags and must be on site at all times and be readily available. The quantity of fire extinguishers to be determined by the Fire Department. 19. Access roadways must be maintained at a minimum width of 20 feet. 20. Overnight parking or camping is prohibited. 21. For events taking place in grass lots or fields, the vegetation must be cut prior to set up. 22. Individual vendors must register with the City and food vendors must have proper state inspections. {Department of Business and Professional Regulations will do inspections (800-375-6975), fees may be required by the State} 2 23. Applicant is responsible for leaving property clear of all trash, garbage and litter. 24. Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one-year period. A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special activity permit more than one time in a six-month period. 25. The applicant must provide adequate parking for those in attendance. 26. All off site parking will require a traffic detail. 27. A special activity requesting road closures will provide "road closed" signs and barricades. 28. A special activity with heavy/congested vehicular and/or pedestrian traffic will provide "congested area ahead" signs along with an additional generated light system that will illuminate the area of crossing/congestion. 29. The City shall monitor noise levels to determine if a public nuisance exists. The permit holder shall comply with the City's determination. Special Activity permit is subject to revocation if owners fail to comply with noise abatement. Article II (Noise) of Chapter 10 (Health and Sanitation) of the Code of Ordinances shall be upheld. (See Exhibit `B' attached.) ADDITIONAL CONDITIONS PER FIRE MARSHAL/POLICE DEPARTMENT: 1. All gates must remain unlocked for emergency ingress/egress; 2. Access must remain open to the rear of the building to allow emergency vehicle access to open area on the south side of the business; 3. The fire hydrant on Boston Road may not be obstructed in any way which would prevent immediate access for its use; 4. The occupant load of the assembly area may never be exceeded; 5. Daily fire, life safety and code inspections will be conducted throughout the duration of the permit; 6. The applicant fully complies with Section-21-37 (Special Activity Requirements) of the Land Development Code and Article II (Noise)of Chapter 10 (Health and Sanitation)of the Code of Ordinances; 7. The applicant shall provide"Heavy Traffic Ahead" signs; 8. No outdoor amplified public address system shall be in use after 10:00 p.m.; 9. Vendor information sheets must be completed for all vendors and submitted to this office prior to the permit being issued; 10. No parking is permitted in public right-of-ways or in the site visibility triangle; 11. Uniformed police detail officers shall be present during heavy attendance days to facilitate 3 safe crossing of U.S. Highway 1. Additional officers should be added if attendance exceeds the capability of officers to handle flow or if pedestrian safety issues arise; 12. U.S. Highway 1 must be coned in front of the business to slow traffic and prevent accidents; 13. Motorcycle parking along U.S. Highway 1 is not permitted and must be moved to off-site areas for safety reasons. Signage prohibiting parking along roadway and enforcement action to support such shall be in place. 14. Informational signage used to direct vehicle traffic, parking or pedestrian traffic should be professionally manufactured using reflective type material for dark conditions. I AM AWARE THAT I AM RESPONSIBLE FOR REIMBURSING THE CITY IF ADDITIONAL SERVICES ARE REQUIRED FOR THIS EVENT. I have read and understand that I must comply with the above conditions. Signature Date Permit Reviewed/Approved by: Police Chief Fire Chief Permit issued by: Darren Lear, Development Services Director Date CC: City Council, City Manager, City Clerk, Police Chief, Fire Chief, Building Official and Development Services Director 4 EXHIBIT "A" 21-38.03 —Site Triangle Requirements a. Nothing shall be erected, planted or placed in a manner as to materially impede vision between a height of two and one-half feet (2 ''/2") to ten feet(10') above the intersecting street right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from the intersecting right-of-way lines. These regulations may also apply in commercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. O LINE OF VISIBILITY 5°1 firovil A 0,4 40 0 w CORNER LOT 10 Z jVISIBILffY TRIANGLE EXHIBIT "B" ARTICLE II - NOISE Sec. 10-22. General restrictions. (a) No person shall operate or cause to be operated any source of sound from any subject parcel in such a manner as to create a noise nuisance or sound level which exceeds the limits set forth for the use occupancy in Table 1, when measured at the property boundary of the subject property from which the sound emanates. (b) Sound or noise emanating from one use occupancy category into another use occupancy category with a different noise level limit shall not exceed the limits of the use occupancy category into which the noise is projected. TABLE 1 Noise Restrictions Use Occupancy Category Time Sound Level Limit (dBA) Residential 8:00 AM - 9:00 PM 60 9:00 PM - 8:00 AM 50 Commercial 7:00 AM - 10:00 PM 65 10:00 PM - 7:00 AM 60 Manufacturing All times 75 Noise Sensitive Zone All times 50 Special Activity Permit Hold Harmless Agreement In consideration for the privileges associated with the NO NAME BIKE WEEK 2013 EVENT SPECIAL ACTIVITY PERMIT, the undersigned agrees that it shall not claim any damages from the City of Edgewater ("City") in connection with or on account of, and as between the parties shall be solely responsible for, any injuries or damages arising from the undersigned's (including their agents, representatives, and employees) participation in their Special Activity known as BIKE WEEK 2013 EVENT ("Special Activity"). The City provides no express or implied warranties or representations as to the fitness of the site and the undersigned assumes all risks in undertaking the Special Activity. The undersigned shall keep, protect and save the City harmless of any loss, costs or expenses of any sort and nature and from any liability to any person, natural or artificial, on account of any damage to any person or property arising from the undersigned's participation in the Special Activity. The undersigned further agrees to hold harmless from and to indemnify the City against any and all claims made by anyone injured or otherwise damaged while in or about the site during the Special Activity. The undersigned further agrees to have sole responsibility for any costs, penalties, fines or other damages incurred by the City or any other party that are in any way a result of the undersigned's participation in the Special Activity. IN WITNESS WHEREOF,this day of , 2013. WITNESSES TODD JOHNSON ON BEHALF OF NO NAME SALOON Name: By/Title: COUNTY OF VOLUSIA STATE OF FLORIDA I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared , who is duly authorized to execute this document on behalf of , is personally known to me or has produced as identification and who executed the foregoing instrument and acknowledged before me that he/she executed same. WITNESS my hand and official seal in the County and State last aforesaid this day of , 2013. (Seal/Stamp) Notary Public (Commission Expiration Date) State of Florida at Large (Forms/Indemnification-SpecialActivityPermit-2010) AGENDA REQUEST Date: January 10, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT 02-04-13 CONSENT BUSINESS ITEM DESCRIPTION Request for appointment to the Scholarship Committee,due to the resignation of Anne McCulloch,whose term expires on March 7, 2013. BACKGROUND The School Scholarship Committee is a five member Committee including two resident members. Due to the vacancy on the Committee notifications were put on the City website and Facebook page. One application was received in response to the vacancy. RECOMMENDATION The Scholarship Committee voted at their regular meeting of January 8,2013 to recommend the appointment of Justin Kennedy to fill the remaining term of Anne McCulloch. ACTION REQUESTED Motion to fill the remaining term of Anne McCulloch on the School Scholarship Committee, expiring on March 7, 2013. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: Respectfully Submitted By: Bonnie Wenzel 1 City Clerk CITY OF E°GEWATEp • . RECEIVED .gDG ,ATE1 JAN Ofd 209 ADVISORY BOARD—VOLUNTEER APPLICATION CITY CLERK Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s)for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION&CULTURAL SERVICES ECONOMIC DEVELOPMENT PLANNING&ZONING FIREFIGHTERS PENSION* VETERANS PARK AVD,COMMITTEE "' SCHOOL SCHOLARSHIP COMMITTEE Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name StSti Pi #t rt ay Jee Address hoer sQrari4hge Home Phone 2-7 - 9/2_ Business/Cell Phone 31q-- 9084 Occupation'eil trite I+ Are you a resident of Edgewater how long 1/4 r -,e Is your principal place of employment in Edgewater r 43 At the present time, do you serve on any other City Boards or Commissions if yes, please list each , /. Have you ever served on any Boards agencies or committees if yes,please list each se •of J. REFERENCES--Please list three business and/or personal Naw,address and phone 144G c f drrry 4 2-' '` 2— t Name,address and *hone 7-$7 Name,address and phone I ) Page i EDUCATION High School College Degree(s), WORK EXPERIENCE 7/ L2 INTEREST/ACTIVITIES / I 1 S COMMUNITY INVOLVEMENT 17-, : fic v.? ( tto, 0-1) , r WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? e •St C e e' /4/ EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S)APPLYING FOR A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. cl I 4 t ) /Applicant Signatiire Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board Wage 11111111■■•■••••••Er clb AGENDA REQUEST APT-GK2013 Date: January 10, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT February 4, 2013 CONSENT BUSINESS ITEM DESCRIPTION: Request for appointment to the Planning and Zoning Board to fill one vacant term. BACKGROUND: Christine Power resigned from the Planning and Zoning Board on November 13, 2012. At the January 9, 2013 meeting, the Board discussed appointing George Kennedy to fill Ms. Power's vacant position. STAFF RECOMMENDATION: There was a consensus among Planning and Zoning Board members to recommend the appointment of George Kennedy to fill the position vacated by Ms. Power. Ms. Power's term is due to expire on September 12, 2014. ACTION REQUESTED: Motion to appoint George Kennedy to fill the position on the Planning and Zoning Board vacated by Ms. Power. FINANCIAL IMPACT:(Finance Director)N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES NO PREVIOUS AGENDA ITEM: YES NO X If so, DATE: AGENDA ITEM# Respectfully submitted, Concurrence: 1740-1/1/L C-Ac4Le) )--z: Qi.rqc_J Tabitha Russell Robin L. Matusick T° Planning and Zoning Board Coordinator Paralegal AL- racey . Barlow City ■'anager rlm CITY OF EDGEWATF'P. EOGEWATER =� CITY CLERIC ADVISORY BOARD—VOLUNTEER,APPLICATION Thank you for your interest in serving the City'of.Hdgewateer. Your completion•of this a lication is�necessary so'.that the members of the CityCou�icil can.thorou review each PA �Y application,as part of their consideration:forthe appointment. Please choose the Board(s)for which you wish to apply. If applying for•more than one Board, you must number in order of your preference - AN NIAL CONTROL. CITIZEN CODE LIBRARY • POLICE PENSION* _:CONSTRUCTION REGULATIONS RECREATION&CULTURAL SERVICES • ECONOMIC DEVELOPMENT . . PLANNING&ZONING* . FIREFIGHTERS PENSION* VETERANS PARK AVD.COMMITTEE SCHOQL SCHOLAR.sHIP..COMMITTEE: Members of the Boards:with:an:asterisk(*)are°requiredto:fle.a Financial:.Disclosure form within 30 days of appointment. PERSONAIL:.INFORMATION; Name Zu Q .rs' re.:' .674'8.0.gt3 . ... . . . Address.: 3:00 3. •S I;LV tt- PAr~M_ l h � w a:-k eA 4- ,:3 2!�/ Home Phone 7vG 6 31/0W Busmess/CellPhone 33'C T& 4-8Y p Occupation 15.. il: e...1 u.-. i...1-2--\ Are you a:resident of Edgewater )(how long J. 5 Z Is yolk. Of ennployment.ihEdgewater .1 S ur At.the:presenttime,do you serve on any other City Boards.or Commissions 4)0 if yes,please list.each Have_. ou ever served on any Boards,agencies or committees Y'C if yes please.list each &41erf 1rZ EXPO cot d '.VpLOS..t 0: r,8tg L1 eke 1 REFERENCES-Please:list three business and/or personal: A2i✓e? I Gil oif 33ci A. S.. (�i 66w.dc1 :�q.0 S 6u . 38 713Y N _am address andphoue. uT.L.t o4t cra-&) i,_. I Co b- G )Ate (?3 1 I I I 3&f-23 22�-).. Name :address and hone ' . is; .Gs a(-r L : i Y S 1 L ) ry- PAt►i. )R, :g4 ew . 384b5o 78�d Name;address and phone 11Pa.gt : .. EDUCATION . High School S 2)e.\1,1A College eAs. ot pviA.YLA43 Degrees) WORK EXPERIENCE Streas ouJ� R- (F*5 nre. ►t. 1 Zo: PR-S r 'Derr 6 e:F 's' .e j5 (LS INTEREST/ACTIVITIES Ft S}.t lr i ;aop t^Or. COMMUNITY.INVOLVEMENT: .Zi.'TU( L,4 - U WHY DO YOU DESIRE TO SERVE ON U$IIHESE BOARD(S)? HO t:P g`D 6-6 wkTe2 i)tE EXPERIENCE/QUALIFICATIONS.RELATED TO BOARDS)APPLYING FOR q., uStoPSs 003."`Q/1 l`l:Ac?N1rJG '{' tm.ir;te- A resume of separate sheet with additional information maybe included with your application.: I:understand the responsibilities:associated with:being;a board member,and I have adequate:time to serve .Ppointed-: Applicant Signature Date Please iretum::this application to_Bonnie Wenzel, City Clerk, City.of Edgewater, P O::Box 100., Edgewater FL 32.02 or drop off in.the City Clerk's Offcce :104 N Riverside Dave,Edgewater FL,321:32. Ifyou:have any:questions-please call 386424 2400:: OFFICE USE ONLY Date Apphcatiori Received: Date Appointed to.Board Board A. _pPointed.to Date Resigned from Board • 2( Raae. CITY OF EDGEWATER RECEIVED DEC 12 UV oGEiWATERI CITY CLERK ADVISORY BOARD—VOLUNTEER APPLICATION Thank you for your interest in serving the City of Edgewater. Your completion of this application is necessary so that the members of the City Council can thoroughly review each application as part of their consideration for the appointment. Please choose the Board(s) for which you wish to apply. If applying for more than one Board, you must number in order of your preference. ANIMAL CONTROL CITIZEN CODE ENFORCEMENT* LIBRARY POLICE PENSION* CONSTRUCTION REGULATION* RECREATION&CULTURAL SERVICES ECONOMIC DEVELOPMENT X PLANNING&ZONING* FIREFIGHTERS PENSION* VETERANS PARK AVD.COMMI FI] E Members of the Boards with an asterisk(*)are required to file a Financial Disclosure form within 30 days of appointment. PERSONAL INFORMATION Name GEORGE KENNEDY Address 2528 PINE TREE DRIVE,EDGEWATER,FL 32141 Home Phone 386-427-6757 Business/Cell Phone 386-871-4373 Occupation BUSINESS OWNER -Are you a resident of Edgewater YEShow long 20+YEARS Is your principal place of employment in Edgewater YES At the present time, do you serve on any other City Boards or Commissions NO if yes, please list each Have you ever served on any Boards, agencies or committees YES if yes, please list each BPAC(2005-2006) REFERENCES—Please list three business and/or personal Mark Ouellette.2681 Sicily Drive.New Smyrna Beach.FL 32168(386)314-5837 Name, address and phone John Hofkes,503 North Causeway.New Smyrna Beach.FL 32169(386)426-2512 Name,address and phone Trina Sulik,366 Flagler Avenue,New Smyrna Beach,FL 32169 (386)426-6332 Name, address and phone 1iPage EDUCATION High School NEW SMYRNA BEACH HIGH SCHOOL College UNIVERSITY OF CENTRAL FLORIDA Degree(s) BACHELOR OF SCIENCE,BUSINESS ADMINISTRATION;CUM LAUDE WORK EXPERIENCE Personnel Specialist,US Army,Honorable Discharge:Computer Software Sales; Local business owner with 6-11 employees;Florida Certified Horticultural Professional(FCHP);Licensed paver and fence contractor. INTEREST/ACTIVITIES CYCLING,GARDENING,FURNITURE BUILDING COMMUNITY INVOLVEMENT Chairman,NSB CAPS 2007-2011;I work closely with Atlantic Center for the Arts as a landscape/irrigation consultant.I designed and installed the landscape for Kennedy Park, and recently completed a landscape project for Read-Patillo school.Served as Edgewater BPAC representative 2005-2006. WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? I am a third generation resident of Edgewater.My grandparents moved here in the 1950's.My grandfather served on the city council in the 1960's.My grandfather and uncle were both founding members of the Edgewater Volunteer Fire Department. My father volunteered with EVFD ultimately becoming Fire Chief. continued on separate sheet EXPERIENCE/QUALIFICATIONS RELATED TO BOARD(S)APPLYING FOR Please see above. A resume or separate sheet with additional information may be included with your application. I understand the responsibilities associated with being a board member, and I have adequate time to serve if appointed. / 271 / 1//7 , ant Signature Date Please return this application to Bonnie Wenzel, City Clerk, City of Edgewater, P.O. Box 100, Edgewater FL 32132 or drop off in the City Clerk's Office, 104 N. Riverside Drive, Edgewater FL 32132. If you have any questions please call 386-424-2400. OFFICE USE ONLY Date Application Received Date Appointed to Board Board Appointed to Date Resigned from Board 2IPage WHY DO YOU DESIRE TO SERVE ON THIS/THESE BOARD(S)? Giving back is something I was taught, through example, early in life. This gives me an opportunity to do so. Additionally,my occupation as a landscape contractor brings me into regular contact with residents and other local businesses who share my enthusiasm for the smart growth of our area and continued improvements of our existing infrastructure.Volunteering on the Planning and Zoning Board enables me to stay involved more closely in this regard. 100 . AGENDA REQUEST IFB# 13-ES-003 Date: January 24, 2013 PUBLIC HEARING RESOLUTION ORDINANCE BOARD OTHER APPOINTMENT CONSENT BUSINESS February 4, 2013 ITEM DESCRIPTION: Approval of Contractor for the US Highway 1 Median Irrigation & Landscaping Contract for IFB#13-ES-003. BACKGROUND: The City issued an Invitation for Bid 13-ES-001 with the purpose and intent of obtaining bids from interested and qualified firms offering to provide U.S. Hwy #1 Median Irrigation and Landscaping in accordance with the specifications stated in the IFB and approved by FDOT. The City received two bids that were rejected due to being over budget. The City has reissued IFB# 13-ES-003 US Highway 1 Median Irrigation&Landscaping Contract further clarifying scope and materials in an attempt to find a contractor within the budgeted amount. FDOT awarded the median redesign contract to Masci Construction on January 4, 2013 with an anticipated completion date of 190 days. A preconstruction meeting is being held on January 28th at which time the contractor will be providing a schedule of work. As a result, the City must expedite award of the median irrigation and landscaping so that the timelines of both projects will coincide. STAFF RECOMMENDATION: Staff recommends waiver of Purchasing Policy(Award Timeframe)authorizing City Manager to finalize the bidding process and award a contract to the successful bidder that meets all requirements of IFB# 13-ES-003. ACTION REQUESTED: Motion to waive Purchasing Policy and authorize City Manager to finalize the bidding process and award a contract to the successful bidder that meets all requirements of IFB# 13-ES-003 and to make any necessary budget amendments. FINANCIAL IMPACT: Funding (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) YES_x NO PREVIOUS AGENDA ITEM: YES NO If so, DATE: N/A AGENDA ITEM# N/A Respectfully submitted, Concurrence: i7 Robin L. Matusick ance Director Paralegal a ey T. ':ar ow City M. ager RECEIVFD JAN 3 2013 1 E,, RRY GOFF i , ,i , ;, 124 Pelican Place Edgewater, Florida 32141 28 January 2013 City of Edgewater Attn: Robin L. Matusick PO Box 100 Edgewater, Florida 32132-0100 Re: NO NAME SALOON SPECIAL PERMIT APPLICATION In response to your Notice regarding a Special Activity Permit Application, I regret I will not be able to attend the scheduled meeting; however, I submit the following comments for consideration by the Council. For a number of years the No Name Saloon has participated in Bike Week activities and for the most part it has been a cordial relationship with the neighborhood. It should be noted for the record the new Owner's have made changes that I believe need to be addressed and I respectfully request any permits granted consider the following. FOUL LANGUAGE: During the last few bike week events, the bands in their attempt to "hype" up their audience, have felt is necessary to use language such as "F....in" and "G...D" that clearly can be heard by children playing outside and those in their yard or porch. I find this language totally unacceptable and offensive in this setting. 2. SOUND LEVEL: Sound levels are noticeably higher now than during the previous Owner. I do not know if the stage has been re-oriented to point toward the residential area or if sound equipment has just been turned up, but it is unquestionably louder on Pelican Place. 3. CLOSING TIME: Under the previous Owner, bands stopped playing at 9 pm and I believe that is a reasonable accommodation considering the close proximity to the residential area. Residents must get up early for work and children for school. I am a biker and enjoy the Bike Week events myself, so I do "Get It". I make every attempt to be as quiet as I can and be respectful of my neighbors when riding on our streets. I also understand revenue generation; however, when business is conducted within the city adjacent to a residential neighborhood then there must be rules that consider everyone effected by their operations. We share something very special here in Edgewater. Let's keep it that way. 1Z. .... 40141" Jerry Goff nail lerryiv;errygoffaia.com