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07-24-2006 Voting Order Mayor Thomas Councilwoman Rogers Councilman Vincenzi Councilwoman Rhodes Councilwoman Lichter AGENDA REGULAR MEETING July 24, 2006 7:00 PM COMMUNITY CENTER 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 None at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Presentation of reclaimed water rate structure 4. CITY COUNCIL REPORTS 5. 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. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Annexations: A 2nd Reading, Ord. No. 2006-0-19, Janice Shore requesting annexation of 1+ acre of property located at 1008 Flying M Court. Small Scale Comprehensive Plan Amendments: B. 1St Reading, Ord. No. 2006-0-20, Janice Shore requesting an amendment to the Comprehensive Plan Future Land Use Map to include 1.0+ acres of property located at 1008 Flying M Court as Low Density Transitional with Conservation Overlay. C. 1St Reading, Ord. No. 2006-0-22, Stephen and Jill Hole requesting an amendment to the Comprehensive Plan Future Land Use Map to change 0.17+ acres of property located east of 114 Oak Ridge Avenue from Low Density Residential to Commercial. D. 1St Reading, Ord. No. 2006-0-24, Dana and Marcia Cornelius requesting an amendment to the Comprehensive Plan Future Land Use Map in change 0.38+acres of property located south of 114 Oak Ridge Avenue from High Density Residential and Commercial to Low Density Residential. Rezonings: E. 1St Reading, Ord. No. 2006-0-21, Janice Shore requesting an amendment to the Official Zoning Map to include 1.0+acres of property located at 1008 Flying M Court as RT (Rural Transitional). 6. Public Hearings, Ordinances and Resolutions Cont. Rezonings Cont.: F. 1St Reading, Ord. No. 2006-0-23, Stephen and Jill Hole requesting an amendment to the Official Zoning Map to change 0.17+ acres of property located east of 114 Oak Ridge Avenue from R-3 (Single Family Residential)to B-3 (Commercial). G. 1St Reading, Ord. No. 2006-0-25, Dana and Marcia Cornelius requesting an amendment to the Official Zoning Map to change 0.38 + acres of property located south of 114 Oak Ridge Avenue from R-5 (Multi Family Residential) and B-3 (Highway Commercial) to R-3 (Single Family Residential). Ordinances: H. 1St Reading, Ord. No. 2006-0-26, amending Chapter 11 (Occupational Licenses, Taxes and Regulations) of Article I (General) by amending Sections 11-7 (Administrative Fees, Application Fees and Inspection Fees) and 11-8 (License Tax Schedule) of the Code of Ordinances. 7. BOARD APPOINTMENTS -None at this time. 8. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. A. Sludge Disposal- staff recommending approval of a CPI adjustment for the H & H Liquid Sludge Disposal, Inc. Agreement at a 9.6% increase (from $244.59 to $268.07 per load) based on the May 2006 CPI for Transportation in the South Region, and to have an effective date of July 2006. 9. OTHER BUSINESS A. Agreement Renewal - staff recommending renewal of Agreement between Florida's Coast-to-Coast Chapter of the American Red Cross and the City of Edgewater concerning the use of YMCA facility as mass care shelter and authorize the Mayor to execute the Agreement. B. Setting of Milla e Rate- staff recommending approval to advertise the millage for fiscal year 2007 at 6.45. C. Tree Removal Permit - William Quirk, 803 S. Flagler Avenue, requesting a Tree Permit to remove one(1)40-inch historic live oak tree from his property. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items 12. ADJOURN. Note: All items for inclusion on the August 7, 2006, agenda must be received by the City Manager's office no later than 4:30 p.m Friday,July 28, 2006. Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act,persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. L\liz_docs\agendas\072406reg o o V oting Order Mayor Thomas Councilwoman Rogers Councilman Vincenzi Councilwoman Rhodes Councilwoman Lichter CITY COUNCIL OF EDGEWATER AGENDA REGULAR MEETING July 24, 2006 7:00 PM COMMUNITY CENTER We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 2. APPROV AL OF MINUTES None at this time. 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA TIONS A. Presentation of reclaimed water rate structure 4. CITY COUNCIL REPORTS 5. 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. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Annexations: A 2nd Reading, Ord. No. 2006-0-19, Janice Shore requesting annexation of I! acre of property located at 1008 Flying M Court. Small Scale Comprehensive Plan Amendments: B. 151 Reading, Ord. No. 2006-0-20, Janice Shore requesting an amendment to the Comprehensive Plan Future Land Use Map to include 1.0! acres of property located at 1008 Flying M Court as Low Density Transitional with Conservation Overlay. C. 151 Reading, Ord. No. 2006-0-22, Stephen and Jill Hole requesting an amendment to the Comprehensive Plan Future Land Use Map to change 0.1?! acres of property located east of 114 Oak Ridge Avenue from Low Density Residential to Commercial. D. pI Reading, Ord. No. 2006-0-24, Dana and Marcia Cornelius requesting an amendment to the Comprehensive Plan Future Land Use Map in change 0.38! acres of property located south of 114 Oak Ridge Avenue from High Density Residential and Commercial to Low Density Residential. Rezonings: E. 151 Reading, Ord. No. 2006-0-21, Janice Shore requesting an amendment to the Official Zoning Map to include 1.0! acres of property located at 1008 Flying M Court as RT (Rural Transitional). o o City Council Agenda July 24, 2006 Page -2- 6. Public Hearings, Ordinances and Resolutions Cont. Rezonings Cont.: F. pt Reading, Ord. No. 2006-0-23, Stephen and Jill Hole requesting an amendment to the Official Zoning Map to change 0.17! acres of property located east of 114 Oak Ridge Avenue from R-3 (Single Family Residential) to B-3 (Commercial). G. 1st Reading, Ord. No. 2006-0-25, Dana and Marcia Cornelius requesting an amendment to the Official Zoning Map to change 0.38 ! acres of property located south of 114 Oak Ridge Avenue from R-5 (Multi Family Residential) and B-3 (Highway Commercial) to R-3 (Single Family Residential). Ordinances: H. 1 st Reading, Ord. No. 2006-0-26, amending Chapter 11 (Occupational Licenses, Taxes and Regulations) of Article I (General) by amending Sections 11-7 (Administrative Fees, Application Fees and Inspection Fees) and 11-8 (License Tax Schedule) of the Code of Ordinances. 7. BOARD APPOINTMENTS - None at this time. 8. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. A. Sludge Disposal - staff recommending approval of a CPI adjustment for the H & H Liquid Sludge Disposal, Inc. Agreement at a 9.6% increase (from $244.59 to $268.07 per load) based on the May 2006 CPI for Transportation in the South Region, and to have an effective date of July 2006. 9. OTHER BUSINESS A. Agreement Renewal - staff recommending renewal of Agreement between Florida's Coast-to-Coast Chapter of the American Red Cross and the City of Edgewater concerning the use of YMCA facility as mass care shelter and authorize the Mayor to execute the Agreement. B. Setting of Millage Rate - staff recommending approval to advertise the millage for fiscal year 2007 at 6.45. C. Tree Removal Permit - William Quirk, 803 S. Flagler Avenue, requesting a Tree Permit to remove one (1) 40-inch historic live oak tree from his property. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items 12. ADJOURN. o o City Council Agenda July 24, 2006 Page -3- Note: All items for inclusion on the August 7, 2006, agenda must be received by the City Manager's office no later than 4:30 p.m Friday, July 28, 2006. Pursuant to Chapter 286, F.s., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771. 1:\\ iz _ docs\agendas\072406reg AGENDA REQUEST Date: Julv 14. 2006 PUBLI C HEARING Julv 24.2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2006-0-19 Janice Shore, requesting annexation of 1::1:: acre of land located at 1008 Flying M Court. OWNER: Janice Shore APPLICANT/AGENT: Janice Shore REQUESTED ACTION: Annexation PROPOSED USE: Single-Family Residential LOCATION: 1008 Flying M Court AREA: 1::1:: acre CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County - Rural ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Low Density Transition with RT (Rural Transitional) Conservation Overlay East Single- Family Low Density Transition RT (Rural Transitional) Residential South Vacant Medium Density Residential Volusia County A-2 (Rural with Conservation Overlay Transitional) West Vacant Low Density Transition RT (Rural Transitional) Background This property is located within the Massey Ranch Airpark. This subdivision is comprised of single- family homes, with access to the taxiway of Massey Airport. This property is the last parcel in the subdivision to annex into the City. At their regular meeting of May 10, 2006 the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council for the proposed annexation. City Council voted to approve this request at first reading on July 10, 2006. AN-05!3 - Shore Land Use Compatibility The proposed residential use is compatible with the surrounding area of existing and proposed residential uses. Adequate Public Facilities This site is served by City water and sewer; and has access to Park Avenue via Massey Ranch Boulevard. Natural Environment The vegetation on-site includes pine/mesic oak and wet prairie. The soils include Basinger Fine Sand, depressional and Myakka Fine Sand. Comprehensive Plan Consistency Policy 1.8.2 of the Comprehensive Plan Future Land Use Element: "In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible." Other Matters There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-19; annexing 1:1: acre ofland located at 1008 Flying M Court. ACTION REQUESTED Motion to approve Ordinance No. 2006-0-19. PREVIOUS AGENDA ITEM: YES X NO DATE: Julv 10. 2006 AGENDA ITEM NO. 6E ~~~-') Robin Matusick Paralegal ~~ w~~ ~\t' J~n Williams \ Interim City Manager AN-OS I3 - Shore 2 ORDINANCE NO. 2006-0-19 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCA TED AT 1008 FLYING M COURT, VOL USIA COUNTY, INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGE WATER CORPORA TE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOL USIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Janice Shore, owner/applicant for annexation of property located at 1008 Flying M Court, within V olusia County, Florida. Subject property contains approximately 1.0 ::!: acres. 2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for annexation pursuant to Section 171.044, Florida Statutes. 3. The property is contiguous to the City's boundaries and the conditions for annexation and the economics thereof are satisfactory. 4. The boundaries of Voting District 1 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on May 10, 2006, the Board recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: Stlttd. thl6t.gh passages are deleted. Underlined passages are added. 2006-0-19 PART A. ANNEXA TION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEW A TER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edge water are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B". 3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia County Manager, the Mapping Division of the Volusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. Stl tick till otlgh passages are deleted. Underlined passages are added. 2006-0-19 2 PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PART E. EFFECTIVE DATE. This ordinance shall take effect upon adoption. PARTF. ADOPTION. After Motion to approve by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on the first reading of this ordinance held on July 10,2006, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Debra 1. Rogers X Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X StlUck tlHOtIgh passages are deleted. Underlined passages are added. 2006-0-19 3 After Motion to approve by and Second by the vote on the second reading/public hearing of this ordinance held on July 24, 2006, was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter PASSED AND DULY ADOPTED this 24th day of July, 2006. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA Susan J. Wadsworth City Clerk By: Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Approved by the City Council of the City of Edgewater at a meeting held on this 24th day of July, 2006 under Agenda Item No. 6_. Stlt)ck tluoagh passages are deleted. Underlined passages are added. 2006-0-19 4 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. Lot 14, Massey Ranch Airpark Unit 1, according to the map recorded in Map Book 44, Page 69 of the Public Records of Vol usia County, Florida. Containing 1.0 :i: acres more or less. Stll1~k tluougl. passages are deleted. Underlined passages are added. 2006-0- 19 5 l! ,g <1z en €' (I) 8- ~ ct :~ t5 ....,J (I) ;:.... :Q- ~i M~GO 1REE DR AGENDA REQUEST Date: July 14. 2006 PUBLIC HEARING July 24.2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1 st Reading - Ordinance No. 2006-0-20 Janice Shore, requesting an amendment to the Comprehensive Plan Future Land Use Map to include property as Low Density Transition with Conservation Overlay. OWNER: Janice Shore APPLICANT/AGENT: Janice Shore REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to include property as Low Density Transition with Conservation Overlay. PROPOSED USE: Single-Family Residential LOCATION: 1008 Flying M Court AREA: H acre CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County - Rural ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Vacant Low Density Transition with RT (Rural Transitional) Conservation Overlay East Single- Family Low Density Transition RT (Rural Transitional) Residential South Vacant Medium Density Residential Volusia County A-2 (Rural with Conservation Overlay Transitional) West Vacant Low Density Transition RT (Rural Transitional) Background This property is located within the Massey Ranch Airpark. The small subdivision is comprised of single-family homes, with access to the taxiway of Massey Airport. This property is the last parcel in the subdivision, which remains in unincorporated Volusia County. At their regular meeting of May 10, 2006 the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council for the proposed amendment. CPA-0607 - Shore Land Use Compatibility The proposed residential use is compatible with the surrounding area of existing and proposed residential uses. Adequate Public Facilities This site is served by City water and sewer; and has access to Park Avenue via Massey Ranch Boulevard. Natural Environment The vegetation on-site include pine/mesic oak and wet prairie. The soils include Basinger Fine Sand, depressional and Myakka Fine Sand. Comprehensive Plan Consistency Volusia Countv Rural- Areas which are a mixture of agriculture and low density residential development. The density shall be determined as follows. Vacant parcels or tracts ofland in the vicinity to existing subdivisions (exempt or approved under Volusia County Ordinance 72-2 or 83-3, as amended, at the time of the effective date of this Comprehensive Plan) with lot sizes from 1 unit per acre to 1 unit per 5 acres or is immediately adjacent to an urban category to allow for a transition between the urban uses and large lot development (greater than 5 acre lot sizes) may be developed with similar lot sizes but not less than one acre. Only that portion of a parcel(s) that is within 660 feet from the above described existing exempt or approved subdivision or urban category boundary is considered "in the vicinity." Note: If a parcel that is "in the vicinity" is covered by more than 50% of the 660 feet extension, then the remaining portion of that parcel which is 10 acres or less is eligible for increased density. Although the adjacency to the conditions described above allows for the potential of subdivisions with lots less than 5 acres in size, the actual lot size will be dependent upon the following: Compatibility of the proposed development will be viewed within the context of existing uses, public facility capacity in the area, suitability for wells and septic tank usage, and the natural features of the parcel in question, such as soils, vegetation, and floodplain. Vacant parcels or tracts of land that do not meet the preceding criteria or are in areas which have not been previously platted with lots less than 5 acres in size shall only be developed with lot sizes that are 5 acres or greater. Rural areas provide two functions, the first being a transitional use between the agricultural and urban uses and the second would be a rural community which serves as the economic focal point of a small region. Rural areas should be developed in a manner consistent with the retention of agriculture and the protection of environmentally sensitive areas. Strict limitation of development in rural areas contributes to the efficient growth and operation of public services and facilities, thus ensuring the most effective use of public resources. The natural features and constraints will be the primary determinants in deciding whether or not an area is suitable for rural type development. There are three subcategories of the rural designation that address past development decisions. These subcategories are Rural Community, Rural Recreational, and Rural Village. They are identified on the Special Rural Areas Map Series. These areas of intense or potentially intense development provide the mixed use concept to the rural areas. They help limit urban sprawl by providing services not necessarily found in remote rural areas thus reducing the number of trips out of these rural areas. Also allowing some limited urban type of development may help promote economic growth in the rural areas as well. Citv of EdlZewater Low Densitv Transition - (1 unit per gross acre) This residential category is limited to no more than one unit per acre. The Low Density Transition land use category is considered a holding land use until adequate public facilities become available for more intense development. Citv of EdlZewater Conservation Overlav - The Conservation Overlay area shown on the Future Land Use Map (FLUM) is intended to protect areas that may potentially contain protected wildlife habitat areas, hydric soils/wetlands, mangrove swamps, estuarine marsh ecotone, freshwater marshes, special vegetative communities. Included within the Conservation Overlay definition are areas within a public CPA-0607 - Shore 2 water well radius of 500 feet, within the lOO-year floodplain, and other areas subject to environmental or topographic constraints. The area designated as Conservation Overlay on the FLUM is not intended to prevent development, but rather identify sensitive areas that need to be reviewed carefully during the review process to determine whether development should be permitted or if some form of mitigation may be necessary. If the areas are determined not to be sensitive, than the underlying land use development density and/or intensity will be applicable. Other Matters There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-20; an amendment to the Comprehensive Plan Future Land Use Map to include 1:l: acre of land located at 1008 Flying M Court as Low Density Transition with Conservation Overlay. ACTION REQUESTED Motion to approve Ordinance No. 2006-0-20. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. By: ~0';)) Robin Matusick Paralegal \,\ .0" n Williams \ I terim City Manager CPA-0607 - Shore 3 ORDINANCE NO. 2006-0-20 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003-0-04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY RURAL TO CITY LOW DENSITY TRANSITION WITH CONSERVATION OVERLAY FOR PROPERTY LOCATED AT 1008 FLYING M COURT, EDGEWATER, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Janice Shore, owner/applicant for property located at 1008 Flying M Court, Edgewater, Florida. Subject property contains approximately I.Oi acres more or less. 2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the owner/applicant is requesting a Comprehensive Plan Amendment for the subject property. The requested Amendment would change the Future Land Use Map designation from County Rural to City Low Density Transition with Conservation Overlay for the property described herein. 3. On May 10, 2006, the Planning and Zoning Board, sitting as the City's Local Planning Agency considered the change in the Future Land Use Map designation and by a vote of 6 to 0, recommended that the City Council approve the request. 2006-0-20 Snuck t1uOtlgh passages are deleted. Underlined passages are added. 4. In a letter dated July 6, 2006 and August 24,2006, the Legal Department notified the owners by mail of the property and all property owners who own real property directly affected by the proposed action within 300 feet of the subject property regarding the pending Amendment. 5. On July 24,2006, the City Council considered on first reading the proposed change in the Future Land Use Map designation. 6. Pursuant to Section 163.3187(1)( c), Florida Statutes, on September 11, 2006, the City Council held a public hearing to consider the change in the Future Land Use Map designation after publishing notice of such hearing in the Observer on Thursday, August 31, 2006. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA: PART A. AMENDMENT - CHANGE IN FUTURE LAND USE MAP DESIGNATION. That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water, Florida regulating and restricting the use of lands located within the City of Edgewater, Florida, be, and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Low Density Transition with Conservation Overlay for property described in the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit "B" (which are attached hereto and incorporated herein). PART B. FINDINGS OF CONSISTENCY. The City Council specifically determines that the approved change in the Future Land Use Map designation is internally consistent with the policies and objectives contained in the Edgewater Comprehensive Plan, specifically Policy 1.8.2 of the Future Land Use Element states "In order to 2006-0-20 StlltGk thlotlgh passages are deleted. Underlined passages are added. 2 reduce land use conflicts and for efficient public service provision, the City shall investigate and where feasible, annex all enclaves as soon as possible." PART C. AMENDMENT OF THE FUTURE LAND USE MAP. The Development Services Director is hereby authorized and directed to amend the Future Land Use Map of the Future Land Use Element ofthe Edgewater Comprehensive Plan to reflect the change in the Future Land Use designation for the property described herein. PART D. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. Pursuant to Section 163.3187(1)( c )2, Florida Statutes (2005), the Development Services Director is hereby directed to report this action to the state land planning agency as required therein. PARTE. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. PART H. ADOPTION. After Motion for approval by and Second by 2006-0-20 Stt tick tIn ol1gn passages are deleted. Underlined passages are added. 3 , the vote on the first reading of this ordinance held on July 24,2006 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion by and Second by the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 2006-0-20 StI: tick tilt otlgh passages are deleted. Underlined passages are added. 4 PASSED AND DULY ADOPTED this 11th day of September, 2006. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP 2006-0-20 StI tick tIll otlgh passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 11 th day of September, 2006 under Agenda Item No. 6 5 EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. Lot 14, Massey Ranch Airpark Unit 1, according to the map recorded in Map Book 44, Page 69 of the Public Records of Vol usia County, Florida. Containing 1.0 :!: acres more or less. 2006-0-20 Stl tick tilt I"ltIgh passages are deleted. Underlined passages are added. 6 ! ~ <(z tn € Q) 8- ~ 0:: :~ t5 ..::i Q) ;:.... :0- ~i ~\Jl ~\'" G~~ 'by.. ~w AGENDA REQUEST Date: Julv 14. 2006 PUBLI C HEARING Julv 24.2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1st Reading - Ordinance No. 2006-0-22 Stephen and Jill Hole requesting an amendment to the Comprehensive Plan Future Land Use Map to change property from Low Density Residential to Commercial. OWNER: Stephen and Jill Hole APPLICANT/AGENT: Stephen and Jill Hole REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to amend property from Low Density Residential to Commercial. PROPOSED USE: Staff has received no development plans at this time. LOCATION: East of 114 Oak Ridge Avenue AREA: .17:!:. acre CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-3 Single Family Residential VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Desig-nation Zoning District North Vacant Commercial B-3 (Highway Commercial) East Vacant Commercial B-3 (Highwav Commercial) South Office Building Commercial B-3 (Highway Commercial) West Single Family Low Density Residential R-3 (Single Family Residential) Residential Background This property is located east of 114 Oak Ridge Avenue. The applicant is proposing to amend the Future Land Use Map to include this property as Commercial. The applicant is proposing to combine this parcel with the parcels to the northeast and create one commercial parcel. At their regular meeting of June 14,2006 the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council for the proposed amendment. CPA-0608 - Hole Land Use Compatibility The proposed amendment is compatible with the surrounding area. Adequate Public Facilities City water and sewer is available to this site. Currently there is access via Oak Ridge Avenue, at such time the parcels are combined access shall be from US Highway 1. Natural Environment There are no known environmental issues associated with this site. Comprehensive Plan Consistency Low Densitv Residential - (1.1 to 5 units per gross acre) This residential category is typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the predominant land use within the City. Commercial - The commercial land use category consists of a variety of retail and office uses; such as, medical facilities, shopping centers, restaurants, automobile service facilities and similar uses. Typical neighborhood and highway service areas are allowed to build up to a maximum floor area ratio (FAR) of 0.30. Tourist commercial areas can build up to a maximum 0.50 FAR. The majority of commercial development within the City of Edgewater is located along US 1 in a strip pattern. The area contains restaurants, convenience goods stores and neighborhood centers. Another corridor of commercial development which has emerged is adjacent to the FEC Railroad within the Florida Shores Subdivision. In 2000, there were 210 acres of commercially developed lands in the City. These developed lands represent only three percent of the total acreage in Edgewater and 3.7% percent of all developed lands. Other Matters There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-22; an amendment to the Comprehensive Plan Future Land Use Map to include .17 acres ofland located east of 114 Oak Ridge Avenue as Commercial, from Low Density Residential. ACTION REQUESTED Motion to approve Ordinance No. 2006-0-22. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. ~~~J~~ Robin Matusick Paralegal ~~ '^-.) ~~ ~\-~..- n WIllIams \ Interim City Manager CPA-0608 - Hole 2 ORDINANCE NO. 2006-0-22 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003-0-04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM CITY LOW DENSITY RESIDENTIAL TO CITY COMMERCIAL FOR PROPERTY LOCATED EAST OF 114 OAK RIDGE A VENUE, EDGEW ATER, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Stephen and Jill Hole, owners/applicants for property located east of 114 Oak Ridge Avenue, Edgewater, Florida. Subject property contains approximately 0.17! acres more or less. 2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the owner/applicant is requesting a Comprehensive Plan Amendment for the subject property. The requested Amendment would change the Future Land Use Map designation from City Low Density Residential to City Commercial for the property described herein. 3. On June 14, 2006, the Planning and Zoning Board, sitting as the City's Local Planning Agency considered the change in the Future Land Use Map designation and by a vote of 7 to 0, recommended that the City Council approve the request. 4. In a letter dated July 6,2006 and August 24, 2006, the Legal Department notified the 2006-0-22 Stltlck t1l1ongh passages are deleted. Underlined passages are added. 1 owners by mail of the property and all property owners who own real property directly affected by the proposed action within 300 feet of the subject property regarding the pending Amendment. 5. On July 24,2006, the City Council considered on first reading the proposed change in the Future Land Use Map designation. 6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on September 11,2006, the City Council held a public hearing to consider the change in the Future Land Use Map designation after publishing notice of such hearing in the Observer on Thursday, August 31, 2006. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA: PART A. AMENDMENT - CHANGE IN FUTURE LAND USE MAP DESIGNA TION. That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water, Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be, and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Commercial for property described in the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit "B" (which are attached hereto and incorporated herein). PARTB. FINDINGS OF CONSISTENCY. The City Council specifically determines that the approved change in the Future Land Use Map designation is internally consistent with the policies and objectives contained in the Edgewater Comprehensive Plan, specifically 1.5.4 of the Future Land Use Element states "Intensive commercial and industrial land uses shall be buffered from low-density residential areas. This will 2006-0-22 Stltlck t1uotlgh passages are deleted. Underlined passages are added. 2 be accomplished by locating less intensive transitional uses in between, or by visual buffering with berms, trees, or other methods to be included in the Land Development Code as deemed appropriate by the City." PART C. AMENDMENT OF THE FUTURE LAND USE MAP. The Development Services Director is hereby authorized and directed to amend the Future Land Use Map of the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the Future Land Use designation for the property described herein. PART D. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. Pursuant to Section 163.3187(1)( c )2, Florida Statutes (2005), the Development Services Director is hereby directed to report this action to the state land planning agency as required therein. PART E. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART G. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. 2006-0-22 Stt tlGk tIn OtIgh passages are deleted. Underlined passages are added. 3 PART H. ADOPTION. After Motion for approval by and Second by , the vote on the first reading of this ordinance held on July 24,2006 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion by and Second by the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 2006-0-22 Stl tick tIlt otlgh passages are deleted. Underlined passages are added. 4 PASSED AND DULY ADOPTED this 11 th day of September, 2006. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP 2006-0-22 StItlck tlnotlt;h passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 11 th day of September, 2006 under Agenda Item No. 6 5 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. A part of Lot 9, Block E, Highland Shores, Section One, according to plat thereof recorded in Map Book 9, Page 63 of the Public Records of Volusia County, Florida and being more particularly described as follows: Commence at the Southwest comer of Lot 9, Block E, Highland Shores, Section One, said point being a 2 inch iron pipe; run thence N 76023'07" E, along the south line of said Lot 9, a distance of 66.81 feet for the Point-of-Beginning; thence N 31059'58" W a distance of 126.69 feet to the southerly right-of-way of Oak Ridge Avenue, a 47.50 feet right-of-way as now laid out; thence S 67013'41" E a distance of202.67 feet to the southeast comer of said Lot 9; thence S 76023'07" W, along the south line of said Lot 9, a distance of 123.19 feet to the Point-of-Beginning. Containing 0.17 i: acres more or less. 2006-0-22 Stltlck t1uotlgh passages are deleted. Underlined passages are added. 6 ~ CLI ~ '0 ~ C[ ;E .S; 13 fIl -J .~ .:! <lZ e -g ~ ~i ~ c: c.2 >. 1>>.1:: ..! ~...~ ~ ~ ~ T &!.:: ~ '~~G) ~~ c. ~~!~~~ :o~ CC"D1iiS: ~~.~,38g 1U r>> J! ..J...J:i.Euo ~~~~ 'Or:~ ii ~jo :!~ OCD~ E:2 >.... ~ CD en ~.a ~~~ o.! .g&~ a~~! Q'l c'- E'- c>> ~~~~iQ '3:BClJC3Q~ .go!:5~:a ~&8~:d ... r-='c i"'C i I CD I I~ I Co I ! e I ,-D..J AGENDA REQUEST Date: Julv 14. 2006 PUBLI C HEARING Julv 24.2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT OTHER BUSINESS CONSENT ITEM DESCRIPTION: 18t Reading - Ordinance No. 2006-0-24 Dana and Marcia Cornelius requesting an amendment to the Comprehensive Plan Future Land Use Map to amend property from High Density Residential and Commercial to Low Density Residential. OWNER: Dana and Marcia Cornelius APPLICANT/AGENT: Dana and Marcia Cornelius REQUESTED ACTION: Amendment to the Comprehensive Plan Future Land Use Map to amend property from High Density Residential and Commercial to Low Density Residential. PROPOSED USE: Lot is to be combined with the single-family residential lots to the north and west. LOCATION: South of 114 Oak Ridge Avenue AREA: .38::1: acre CURRENT LAND USE: Vacant FLUM DESIGNATION: High Density Residential and Commercial ZONING DISTRICT: R-5 Multi Family Residential VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Desi~nation Zonin~ District North Single Family Low Density Residential R-3 (Single-Family Residential) Residential East Office Buildin~ Commercial B-3 (Hig-hway Commercial) South Multi-Family High Density Residential R-5 (Multi-Family Residential) Residential West Single- Family High Density Residential and R-5 (Multi-Family Residential) Residential Low Density Residential and R-3 (Single-Family Residential) Background This parcel is located south of 114 Oak Ridge Avenue. The applicant is proposing to combine this with two (2) other contiguous parcels under their ownership. The property is currently vacant and there are no plans for development. At their regular meeting of June 14,2006 the Planning and Zoning Board voted 7-0 to send a favorable CPA-0609 - Cornelius recommendation to City Council for the proposed amendment. Land Use Compatibility The proposed change to the Future Land Use of this property is compatible with the surrounding area. Adequate Public Facilities City water and sewer is available to this site. Since the parcel is to be combined with the parcel to the north there will be access via Oak Ridge Avenue. Natural Environment There are no known environmental issues associated with this site. Comprehensive Plan Consistency High Densitv Residential- (8.1 to 12 units per gross acre) This residential category typically includes townhouses and multi-family housing at densities between eight (8) and twelve (12) acres. Commercial - The commercial land use category consists of a variety of retail and office uses; such as, medical facilities, shopping centers, restaurants, automobile service facilities and similar uses. Typical neighborhood and highway service areas are allowed to build up to a maximum floor area ratio (FAR) of 0.30. Tourist commercial areas can build up to a maximum 0.50 FAR. The majority of commercial development within the City of Edgewater is located along US 1 in a strip pattern. The area contains restaurants, convenience goods stores and neighborhood centers. Another corridor of commercial development which has emerged is adjacent to the FEC Railroad within the Florida Shores Subdivision. In 2000, there were 210 acres of commercially developed lands in the City. These developed lands represent only three percent of the total acreage in Edgewater and 3.7% percent of all developed lands. Low Densitv Residential- (1.1 to 5 units per gross acre) This residential category is typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the predominant land use within the City. Other Matters There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-24; an amendment to the Comprehensive Plan Future Land Use Map to amend property located south of 114 Oak Ridge Avenue from High Density Residential and Commercial to Low Density Residential. ACTION REQUESTED Motion to approve Ordinance No. 2006-0-24. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. \~~rrr-cztl~~C4-5 Robin Matusick Paralegal CN-.~~~ \:.. c.:f' on Williams \ nterim City Manager . CPA-0609 - Cornelius 2 ORDINANCE NO. 2006-0-24 AN ORDINANCE OF THE CITY OF EDGEW A TER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003-0-04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM CITY HIGH DENSITY RESIDENTIAL AND COMMERCIAL TO CITY LOW DENSITY RESIDENTIAL FOR PROPERTY LOCATED SOUTH OF 114 OAK RIDGE A VENUE, EDGEW A TER, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COpy OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Dana and Marcia Cornelius, owners/applicants for property located south of 114 Oak Ridge Avenue, Edgewater, Florida. Subject property contains approximately 0.382": acres more or less. 2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the owner/applicant is requesting a Comprehensive Plan Amendment for the subject property. The requested Amendment would change the Future Land Use Map designation from City High Density Residential and Commercial to City Low Density Residential for the property described herein. 3. On June 14, 2006, the Planning and Zoning Board, sitting as the City's Local Planning Agency considered the change in the Future Land Use Map designation and by a vote of 2006-0-24 Stmck tht ongh passages are deleted. Underlined passages are added. 7 to 0, recommended that the City Council approve the request. 4. In a letter dated July 6, 2006 and August 24, 2006, the Legal Department notified the owners by mail of the property and all property owners who own real property directly affected by the proposed action within 300 feet of the subject property regarding the pending Amendment. 5. On July 24,2006, the City Council considered on first reading the proposed change in the Future Land Use Map designation. 6. Pursuant to Section 163.3187(1)( c), Florida Statutes, on September 11, 2006, the City Council held a public hearing to consider the change in the Future Land Use Map designation after publishing notice of such hearing in the Observer on Thursday, August 31, 2006. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA: PART A. AMENDMENT - CHANGE IN FUTURE LAND USE MAP DESIGNATION. That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented, said Article adopting the Comprehensive Plan of the City of Edge water, Florida regulating and restricting the use ofIands located within the City of Edge water, Florida, be, and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Low Density Residential for property described in the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit "B" (which are attached hereto and incorporated herein). PART B. FINDINGS OF CONSISTENCY. The City Council specifically determines that the approved change in the Future Land Use Map designation is internally consistent with the policies and objectives contained in the Edgewater 2006-0-24 Stltlck tlllol:lgh passages are deleted. Underlined passages are added. 2 Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element states "Intensive commercial and industrial land uses shall be buffered from low-density residential areas. This will be accomplished by locating less intensive transitional uses in between, or by visual buffering with berms, trees, or other methods to be included in the Land Development Code as deemed appropriate by the City." PART C. AMENDMENT OF THE FUTURE LAND USE MAP. The Development Services Director is hereby authorized and directed to amend the Future Land Use Map of the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the change in the Future Land Use designation for the property described herein. PART D. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. Pursuant to Section 163.3187(1)( c )2, Florida Statutes (2005), the Development Services Director is hereby directed to report this action to the state land planning agency as required therein. PART E. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART F. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. 2006-0-24 Shtick t1uotlgh passages are deleted. Underlined passages are added. 3 PART G. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. PART H. ADOPTION. After Motion for approval by and Second by , the vote on the first reading of this ordinance held on July 24,2006 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion by and Second by the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 2006-0-24 Stl tick tltt otlgh passages are deleted. Underlined passages are added. 4 PASSED AND DULY ADOPTED this 11 th day of September, 2006. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP 2006-0-24 Sn tlck till Otl~h passages are deleted. Underlined passages are added. 5 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 11 th day of September, 2006 under Agenda Item No. 6 EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. PARCEL #1 - A portion of Lots 21 and 22, Assessor's Subdivision of the Joseph Sanchez and the Robert Shepard Grants as recorded in Map Book 3, Page 49 of the Public Records of Vol usia County, Florida, all being more particularly described as follows: Commence at the Southeast comer of Lot 10, Block E, Highland Shores, Section One, according to plat thereof recorded in Map Book 9, Page 63 of the Public Records of Vol usia County, Florida, said Point of Commencement being a 2 inch iron pipe; run thence S 75003'06" W along the Southerly line of said Lot 10, said line also being described as the Northerly line of Lot 21, said Assessor's Subdivision of the Joseph Sanchez and Robert Shepard Grants a distance of 8.18 feet; thence S 21029'41" E a distance of99.71 feet; thence S 76027'40" W a distance of93.89 feet; thence N 13040'14" W a distance of98.64 feet; thence N 76022'59" E, a distance of80.32 feet to the Point of Beginning. Containing 0.20 i: acres more or less. PARCEL #2 - A portion of Lots 21 and 22, Assessor's Subdivision of Joseph Sanchez and Robert Shepard Grant, as recorded in Map Book 3, Page 49, Public Records of Vol usia County, Florida, more particularly described as follows: Commence at the point of intersection of the North line of said Lot 21 and the Westerly right-of-way line ofD.S. #1 Highway (a 100 foot right-of-way), as now laid out; thence South 76022'59" West, a distance of 230.17 feet to the Point of Beginning; thence continue South 76022'59" West, a distance of75.00 feet; thence South 21 029'09" East, a distance of99.75 feet; thence North 76028'30" East, a distance of75.00 feet; thence North 16049'53" West, a distance of99.08 feet to the Point of Beginning. Containing 0.18 i: acres more or less. Total area 0.38 i: acres more or less. 2006-0-24 StI tick thlotlgh passages are deleted. Underlined passages are added. 6 ~ f :I: fI) 8- '0 :!:: Q: :J .~ "'- '-<1 -l (.) ] z~i ';:) 0. l! c: 1: .2 >. Q).~ ,,!g .-t~ ~ ~ ~ ~ ..~ 0 ll::t- c: '~~4t :i:8 Co ii~~~~ t~ CO"C1iiEg: - GI H~-58g ; l/) !l ........:E.5uu ~;~~ "Oc:::- ii ~ j (3 ~~ OGl~ 'E:!1 >. .... -c;.. CD :: :!::.a ~~o:: O~ .g&!~ 5~~~ !gi~u;~ ~it~~E .g~~:6a:g .f~8.t:i:~ .. AGENDA REQUEST Date: Julv 14. 2006 PUBLI C HEARING Julv 24. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1st Reading - Ordinance No. 2006-0-21 Janice Shore, requesting an amendment to the Official Zoning Map to include property as RT (Rural Transitional). OWNER: Janice Shore APPLICANT/AGENT: Janice Shore REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RT (Rural Transitional) . PROPOSED USE: Single-Family Residential LOCATION: 1008 Flying M Court AREA: H acre CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County - Rural ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Desi~nation Zonin~ District North Vacant Low Density Transition with RT (Rural Transitional) Conservation Overlay East Single- Family Low Density Transition RT (Rural Transitional) Residential South Vacant Medium Density Residential Volusia County A-2 (Rural with Conservation Overlay Transitional) West Vacant Low Density Transition RT (Rural Transitional) Background This property is located within the Massey Ranch Airpark. The small subdivision is comprised of single-family homes, with access to the taxiway of Massey Airport. This property is the last parcel in the subdivision, which remains in unincorporated Volusia County. At their regular meeting of May 10, 2006 the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council for the proposed amendment. RZ-0605 - Shore Land Use Compatibility The proposed residential use is compatible with the surrounding area of existing and proposed residential uses. Adequate Public Facilities This site is served by City water and sewer; and has access to Park Avenue via Massey Ranch Boulevard. Natural Environment The vegetation on-site include pine/mesic oak and wet prairie. The soils include Basinger Fine Sand, depressional and Myakka Fine Sand. Comprehensive Plan Consistency Per Table III -1 of the City of Edgewater Land Development Code; the zoning district compatible with the Low Density Transition Future Land Use Designation is the proposed RT (Rural Transition). Therefore, the proposed amendment to include this property as RT is compatible with the Future Land Use Element of the Comprehensive Plan. Other Matters There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-21; an amendment to the Official Zoning Map to include 1::1: acre ofland located at 1008 Flying M Court as RT (Rural Transitional). ACTION REQUESTED Motion to approve Ordinance No. 2006-0-21. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. (~:h~~ i . '- ." lL~-, 1 Robin Matusick Paralegal ~'i "fl'" on Williams \ I terim City Manager RZ-0605 - Shore 2 ORDINANCE NO. 2006-0-21 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL AGRICUL TURE) TO CITY RT (RURAL TRANSITIONAL) FOR PROPERTY LOCATED 1008 FLYING M COURT, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Janice Shore, owner/applicant of property located at 1008 Flying M Court, Edgewater, Florida. Subject property contains approximately 1.0 acres more or less. 2. The owner/applicant has submitted an application for a change III zomng classification from County A-3 (Transitional Agriculture) to City RT (Rural Transition) for the property described herein. 3. On May 10, 2006, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 6 - 0, the Board recommended that City Council consider approval of the request. 4. On July 24, 2006, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on July 13,2006. 5. On September 11, 2006, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on August 31, 2006, and notifying by mail Stl nGk tlllongh passages are deleted. Underlined passages are added. 2006-0-21 1 all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County A-3 (Transitional Agriculture) to City RT (Rural Transitional). The following described real property all lying and being in the County of V olusia and State of Florida. Lot 14, Massey Ranch Airpark Unit 1, according to the map recorded in Map Book 44, Page 69 of the Public Records of Vol usia County, Florida. StItlck tlllotl~h passages are deleted. Underlined passages are added. 2006-0-21 2 Containing 1.0 i: acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PARTF. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Sttl1.:;k tluol1gh passages are deleted. Underlined passages are added. 2006-0-21 3 PART G. ADOPTION. After Motion to approve by and Second by , the vote on the first reading of this ordinance held on July 24,2006 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter Stlllck tluotlgh passages are deleted. Underlined passages are added. 2006-0-21 4 PASSED AND DULY ADOPTED this 11 th day of September, 2006. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Susan J. Wadsworth City Clerk Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Approved by the City Council of the City of Edgewater at a meeting held on this 11 th day of September, 2006 under Agenda Item No. 6 Stl nck tl1l00gh passages are deleted. Underlined passages are added. 2006-0-21 5 ~ ~ <lz fJ) t? Q) g. ~ tl: :~ u -J Q) ;:.... :0- ~ :::3 ~i AGENDA REQUEST Date: Julv 14. 2006 PUBLIC HEARING Julv 24. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1 st Reading - Ordinance No. 2006-0-23 Stephen and Jill Hole requesting an amendment to the Official Zoning Map to change property from R-3 (Single Family Residential) to B-3 (Commercial). OWNER: Stephen and Jill Hole APPLICANT/AGENT: Stephen and Jill Hole REQUESTED ACTION: Amendment to the Official Zoning Map to include property as B-3 (Highway Commercial) . PROPOSED USE: Staff has not received any development plans at this time. LOCATION: East of 114 Oak Ridge Avenue AREA: .17-1:. acre CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-3 Single Family Residential VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zonine: District North Vacant Commercial B-3 (Hie-hwav Commercial) East Vacant Commercial B-3 (Hie-hwav Commercial) South Office Building Commercial B-3 (Highwav Commercial) West Single Family Low Density Residential R-3 (Single Family Residential) Residential Background This property is located east of 114 Oak Ridge Avenue. The applicant is proposing to amend the Future Land Use Map to include this property as Commercial. The applicant is proposing to combine this parcel with the parcels to the northeast to create one commercial parcel. At their regular meeting of June 14, 2006 the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council for the proposed amendment. RZ-0606 - Hole Land Use Compatibility The proposed amendment is compatible with the surrounding area. Adequate Public Facilities City water and sewer is available to this site. Currently there is access via Oak Ridge Avenue, at such time the parcels are combined access shall be from US Highway 1. Natural Environment There are no known environmental issues associated with this site. An environmental analysis shall be required at such time as a site plan is applied for. Comprehensive Plan Consistency The amendment to the Official Zoning Map is compatible with the proposed Commercial Future Land Use designation of Commercial. Other Matters There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-23; an amendment to the Official Zoning Map to include .17 acres ofland located east of 114 Oak Ridge Avenue as B-3 (Highway Commercial), from R-3 (Single Family Residential). ACTION REQUESTED Motion to approve Ordinance No. 2006-0-23. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. .~,x --. .0_\ Robin Matusick Paralegal ~' on Williams \^ I terim City Manager 'U RZ-0606 - Hole 2 ORDINANCE NO. 2006-0-23 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CITY R-3 (SINGLE FAMILY RESIDENTIAL) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR PROPERTY LOCATED EAST OF 114 OAK RIDGE AVENUE, EDGEW A TER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Stephen and Jill Hole, owners/applicants for property located east of 114 Oak Ridge Avenue, Edgewater, Florida. Subject property contains approximately 0.17! acres more or less. 2. The owners/applicants have submitted an application for a change in zoning classification from City R-3 (Single Family Residential) to City B-3 (Highway Commercial) for the property described herein. 3. On June 14, 2006, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 7 - 0, the Board recommended that City Council consider approval of the request. 4. On July 24, 2006, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on July 13,2006. 5. On September 11, 2006, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on August 31, 2006, and notifying by mail Stltlck thlOtl~h passages are deleted. Underlined passages are added. 2006-0-23 all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from City R-3 (Single Family Residential) to City B-3 (Highway Commercial). The following described real property all lying and being in the County of V olusia and State of Florida. A part of Lot 9, Block E, Highland Shores, Section One, according to plat thereof recorded in Map Book 9, Page 63 of the Public Records of Vol usia County, Florida Stlttck tlllOttgh passages are deleted. Underlined passages are added. 2006-0-23 2 and being more particularly described as follows: Commence at the Southwest corner of Lot 9, Block E, Highland Shores, Section One, said point being a 2 inch iron pipe; run thence N 76023'07" E, along the south line of said Lot 9, a distance of 66.81 feet for the Point-of-Beginning; thence N 31059'58" W a distance of 126.69 feet to the southerly right-of-way of Oak Ridge Avenue, a 47.50 feet right-of-way as now laid out; thence S 67013'41" E a distance of202.67 feet to the southeast corner of said Lot 9; thence S 76023'07" W, along the south line of said Lot 9, a distance of 123.19 feet to the Point-of-Beginning. Containing 0.17 i acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. PARTB. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. StInGk t1l1on~h passages are deleted. Underlined passages are added. 2006-0-23 3 PARTE. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PARTG. ADOPTION. After Motion to approve by and Second by , the vote on the first reading of this ordinance held on July 24, 2006 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter St. tick tluotlgh passages are deleted. Underlined passages are added. 2006-0-23 4 After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter PASSED AND DULY ADOPTED this 11 th day of September, 2006. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Susan J. Wadsworth City Clerk Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Approved by the City Council of the City of Edgewater at a meeting held on this 11 th day of September, 2006 under Agenda Item No. 6 Stl tlck tl1l('ltlgh passages are deleted. Underlined passages are added. 2006-0-23 5 ~ .!! (I) ~ o :!:: a.: :J: E 13 'ii :::J <I> .2 <lz :s :g- ~ ~i AGENDA REQUEST Date: Julv 14. 2006 PUBLI C HEARING Julv 24. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 1st Reading - Ordinance No. 2006-0-25 Dana and Marcia Cornelius requesting an amendment to the Official Zoning Map to include property as R-3 (Single Family Residential) . OWNER: Dana and Marcia Cornelius APPLICANT/AGENT: Dana and Marcia Cornelius REQUESTED ACTION: Amendment to the Official Zoning Map to include property as R-3 (Single- Family Residential). PROPOSED USE: Lot is to be combined with the single-family residential lots to the north and west. LOCATION: South of 114 Oak Ridge Avenue AREA: .38::1: acre CURRENT LAND USE: Vacant FLUM DESIGNATION: High Density Residential and Commercial ZONING DISTRICT: R-5 (Multi Family Residential) and B-3 (Highway Commercial) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning' District North Single Family Low Density Residential R- 3 (Single-Family Residential) Residential East Office Building Commercial B-3 (Highway Commercial) South Multi-Family High Density Residential R-5 (Multi-Family Residential) Residential West Single- Family High Density Residential and R-5 (Multi-Family Residential) Residential Low Density Residential and R-3 (Single-Family Residential) Background This parcel is located south of 114 Oak Ridge Avenue. The applicant is proposing to combine this with two (2) other contiguous parcels under their ownership. The property is currently vacant and there are no plans for development. At their regular meeting of June 14,2006 the Planning and Zoning Board voted 7-0 to send a favorable recommendation to City Council for the proposed amendment. RZ-0607 - Cornelius Land Use Compatibility The proposed change to the Future Land Use of this property is compatible with the surrounding area. Adequate Public Facilities City water and sewer is available to this site. As the parcel is to be combined with the parcel to the north there will be access via Oak Ridge Avenue. Natural Environment There are no known environmental issues associated with this site. Comprehensive Plan Consistency The proposed R-S (Single-Family Residential) zoning classification is consistent with the proposed Future Land Use Designation of Low Density Residential. Other Matters There are no other known matters associated with this site. STAFF RECOMMENDATION Staff recommends approving Ordinance No. 2006-0-25; an amendment to the Official Zoning Map to amend property located south of 114 Oak Ridge Avenue from R-5 (Multi Family Residential) and B-3 (Highway Commercial) to R-3 (Single Family Residential). ACTION REQUESTED Motion to approve Ordinance No. 2006-0-25. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. ~r'.J":,~ i./\;r-J\ Robin Matusick Paralegal t u.::A <;&;,~;, \.. -D' on Williams nterim City Manager \ \ Darr n Lear Development Se vices Director RZ-0607 - Cornelius 2 ORDINANCE NO. 2006-0-25 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CITY R-5 (MULTI-FAMILY RESIDENTIAL) AND B-3 (HIGHWAY COMMERCIAL) TO CITY R-3 (SINGLE FAMILY RESIDENTIAL) FOR PROPERTY LOCATED SOUTH OF 114 OAK RIDGE AVENUE, EDGEW A TER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Dana and Marcia Cornelius, owners/applicants for property located south of 114 Oak Ridge Avenue, Edgewater, Florida. Subject property contains approximately 0.38::t acres more or less. 2. The owners/applicants have submitted an application for a change in zoning classification from City R-5 (Multi-Family Residential) and B-3 (Highway Commercial) to City R-3 (Single Family Residential) for the property described herein. 3. On June 14, 2006, the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification and by a vote of 7 - 0, the Board recommended that City Council consider approval of the request. 4. On July 24, 2006, the City Council considered on first reading/public hearing the proposed change in the zoning classification after publication of such hearing in the Observer on July 13,2006. Stltlck tlllMgh passages are deleted. Underlined passages are added. 2006-0-25 5. On September 11, 2006, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on August 31, 2006, and notifying by mail all property owners who own real property directly affected by the proposed action and all property owners who own real property within 300 feet of the subject property. 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. The proposed change will not have a negative effect on the character of the surrounding area. NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA. The zoning classification for the following described property is hereby changed from City R-5 (Multi-Family Residential) and B-3 (Highway Commercial) to City R-3 (Single Family Residential). StlnGk tIuongh passages are deleted. Underlined passages are added. 2006-0-25 2 The following described real property all lying and being in the County of V olusia and State of Florida. PARCEL #1- A portion of Lots 21 and 22, Assessor's Subdivision of the Joseph Sanchez and the Robert Shepard Grants as recorded in Map Book 3, Page 49 of the Public Records of Vol usia County, Florida, all being more particularly described as follows: Commence at the Southeast comer of Lot 10, Block E, Highland Shores, Section One, according to plat thereof recorded in Map Book 9, Page 63 of the Public Records of V olusia County, Florida, said Point of Commencement being a 2 inch iron pipe; run thence S 75003 '06" W along the Southerly line of said Lot 10, said line also being described as the Northerly line of Lot 21, said Assessor's Subdivision of the Joseph Sanchez and Robert Shepard Grants a distance of 8.18 feet; thence S 21029'41" E a distance of99.71 feet; thence S 76027'40" W a distance of93.89 feet; thence N 13040'14" W a distance of98.64 feet; thence N 76022'59" E, a distance of 80.32 feet to the Point of Beginning. Containing 0.20 :!:: acres more or less. PARCEL #2 - A portion of Lots 21 and 22, Assessor's Subdivision of Joseph Sanchez and Robert Shepard Grant, as recorded in Map Book 3, Page 49, Public Records of Volusia County, Florida, more particularly described as follows: Commence at the point of intersection of the North line of said Lot 21 and the Westerly right-of-way line of U.S. #1 Highway (a 100 foot right-of-way), as now laid out; thence South 76022'59" West, a distance of 230.17 feet to the Point of Beginning; thence continue South 76022'59" West, a distance of75.00 feet; thence South 21029'09" East, a distance of 99.75 feet; thence North 76028'30" East, a distance of75.00 feet; thence North 16049'53" West, a distance of99.08 feet to the Point of Beginning. Containing 0.18 :i:: acres more or less. Total area 0.38 :i:: acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. StI t1Gk tIll otlgh passages are deleted. Underlined passages are added. 2006-0-25 3 PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER, FLORIDA. The Development Services Director is hereby authorized and directed to amend the Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the above described property. PART C. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PARTF. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Stlo.:k t1l1on~h passages are deleted. Underlined passages are added. 2006-0-25 4 PARTG. ADOPTION. After Motion to approve by and Second by , the vote on the first reading of this ordinance held on July 24,2006 is as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra J. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter Stln.::k tluongh passages are deleted. Underlined passages are added. 2006-0-25 5 PASSED AND DULY ADOPTED this 11 th day of September, 2006. ATTEST: Susan J. Wadsworth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Stl nck Il.lon~h passages are deleted. Underlined passages are added. 2006-0-25 CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Mike Thomas Mayor Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 11 th day of September, 2006 under Agenda Item No. 6 6 I . t en ~ ct .2 ~ ~ 13 'i "'-'z ;:.., .~ ~ ~i AGENDA REQUEST Date: Julv 14, 2006 PUBLIC HEARING RESOLUTION ORDINANCE Julv 24,2006 BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: Ordinance No. 2006-0-26 Amend Chapter 11 (Occupational Licenses, Taxes, and Regulations) of Article I (General) by amending Section 11'7 (Administrative Fees, Application Fees, and Inspection Fees) and 11-8 (License Tax Schedule) of the Code of Ordinances. BACKGROUND: In 1994, the City established an Equity Study Commission in an effort to comply with the criteria contained in Section 205.0535, Florida Statues. In January 2000, staff determined that City occupational license taxes had not been modified since 1994. A survey of surrounding municipalities indicated that a five-percent (5%) fee increase would still be lower than the majority offees charged by the above-referenced municipalities. Therefore, Council approved Ordinance # 2000-0-10 on April 17, 2000, which revised the rate structure. City Council previously approved the following Ordinances which revised Section 11-7: Ordinance 2002-0-12 and Ordinance 2004-0-23. This Section reflects administrative fees, application fees and inspection fees relating to occupational licenses as well as the five-percent (5%) increase allowed by Florida Statutes. Pursuant to State Statutes, municipalities have the option to increase, by ordinance, the rates oflocal occupational license taxes by up to five-percent (5%) every other year. In order for these changes to take affect, Council must approve them by a majority plus one (1) vote. Furthermore, staffis recommending the associated application and inspection fees be increased by five-percent (5%). Staff estimates that the increase in fees will generate approximately $13,000 in additional revenue for the City to be dedicated to Economic Development Programs. STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. 2006-0-26. ACTION REQUESTED: Motion to approve Ordinance No. 2006-0-26. FINANCIAL IMPACT: (FINANCE DIRECTOR) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NUMBER: (~'11L-~~~ Robin Matusick Paralegal Dar n ar Development Services Director ~ Q ~ ". ': 0--" -~. t'l..J~ '\,.1) on C. Williams Interim City Manager ORDINANCE NO. 2006-0-26 AN ORDINANCE AMENDING ARTICLE I (GENERAL) OF CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES, AND REGULATIONS) BY AMENDING SECTION 11-7 (ADMINISTRATIVE FEES; APPLICATION FEES, INSPECTION FEES) AND SECTION 11-8 (LICENSE TAX SCHEDULE); OF THE CODE OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR CODIFICATION, AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Pursuant to Section 205.0535, municipalities may increase the rates of occupational license taxes by up to five percent (5%) every other year by no less than a majority plus one vote of the City Council. 2. Occupational License Fees/Taxes were last increased in 2004. 3. The revised rate structure is more equitable than the existing rate structure. NOW THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. MODIFYING ARTICLE I (GENERAL), CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES AND REGULATIONS) BY AMENDING SECTION 11-7 (ADMINISTRATIVE FEES; APPLICATION FEES, INSPECTION FEES) OF THE CODE OF ORDINANCES, CITY OF EDGEW A TER, FLORIDA Section 11-7 is amended to read as follows: Stmck tlllough passages are deleted. Underlined passages are added. 2006-0-26 Sec. 11-7. Administrative Fees; application fees, inspection fees. Due to additional services provided by the City departments relating to the issuance of occupational licenses, the City shall administer the following administrative fees in an amount stipulated below: (a) License applicationfee. An applicant for an occupational license shall submit a completed application and a $21.00 $25.00 non-refundable fee. Upon acceptance ofa completed application, the application shall be forwarded to the Planning Department for processing and approval upon satisfaction of all requirements, including, but not limited to; the Department of Fire Rescue Services and Environmental Services for inspection and compliance with the fire and safety codes and utility requirements. No occupational license shall be issued until said applicant has furnished the city with their state sales tax number, as required by law. All applications for occupational licenses shall be submitted on the appropriate form as approved by the City. (b) Reprintfee. Any business/person who holds an occupational license and who requests an additional copy of the occupational license shall be charged a five-dollat ($5.00) $7.00 reprint fee. (c) Reinstatementfee. Any business/person who holds an occupational license that results in an expiration, revocation or suspension shall be charged a $31.50 $35.00 administrative fee for the reinstatement of the occupational license in addition to all required annual fees and other delinquency charges. (d) Inspection fees. Any business applying for an occupational license or any applicant applying for a transfer of the license from one location to another, shall have an inspection pursuant to the requirements of the City. This inspection shall take place prior to the issuance of the occupational license, to ensure compliance with the codes. This fee shall be paid prior to issuance of an occupational license. The following fees shall be imposed for inspection services related to commercial and home occupational licenses: (1) Fire inspectionfees - businesslcommercial. Inspections required by federal, state or other agencies. These inspections occur annually and include, but are not limited to any commercial business location, relating to an occupational license: Occupancy Type Annual Fee Amount Business/Commercial 0- 3,000 sq. ft $21.00 $25.00 Shuck tluough passages are deleted. Underlined passages are added. 2006-0-26 2 3,001 - 30,000 sq. ft. $JG.75 $40.00 30,001 + sq. ft. $52.50 $55.00 Mercantile 0- 3,000 sq. ft. $21.00 25.00 3,001 - 30,000 sq. ft. $JG.75 40.00 30,001 + sq. ft. $52.50 $55.00 Assembly 0- 300 persons $21. 00 $25.00 301 - 1,000 persons $JG.75 $40.00 1,001 + persons $52.50 $55.00 Industrial 0- 3,000 sq. ft. $21.00 $25.00 3,001 - 20,000 sq. ft. $J 1.50 $35.00 20,001 - 60,000 sq. ft. $42.00 $45.00 60,001 + sq. ft. $52.50 $55.00 Storage Storage buildings (300 - 10,000 sq. ft.) $2G.2G $30.00 Storage buildings (10,001 and up sq. ft. ) $52.50 $55.00 Rental units under 300 sq. ft. Exempt (2) Fire inspection/ees - home occupational licenses. Inspections required by federal, state or other agencies relating to home occupational licensing shall be an annual inspection upon submittal of the occupational license application and prior to issuance of the license, as listed below: Annual inspection....................................................... $ 21.00 $25.00 (3) Environmental services inspection/ees - backjlow devices. Backflow device inspections will conducted by the Department of Environmental Services and shall occur on an annual basis. These inspections shall include, but are not limited to any commercial business location, relating to an occupational license and shall be in an amount listed below: Stmck tmough passages are deleted. Underlined passages are added. 2006-0-26 3 Initial inspection...................................................... $ 10.50 $15.00 (4) Reinspection fees. Any inspection trip made necessary by the responsible party or representative's failure to appear, shall in addition to any other fees, be charged an additional processing fee in the amount of$15.75 $20.00. PART B. MODIFYING ARTICLE I (GENERAL), CHAPTER 11 (OCCUPATIONAL LICENSES, TAXES AND REGULATIONS) BY AMENDING SECTION 11-8 (LICENSE TAX SCHEDULE) OF THE CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA Section 11-8 is amended to read as follows: Section 11-8. License tax schedule. The amount of the occupational license tax hereby levied for the privilege of engaging in or managing any business, profession or occupation within the city, pursuant to section 11-1 is set forth in the following schedule. Whenever any business, profession or occupation shall fall into more than one of the classifications contained in this schedule, the person engaging therein shall be required to pay the tax required for each classification. The following annual, except as otherwise stated, designated license taxes shall be paid to the city by persons, engaging in or managing or transacting the following businesses, occupations or profession within the city: 1) 2) $ 86-:-8Z Abstract or Title Company Accommodations for rent, apartments, motels, motor courts, cottages, hotels, boardinghouses a) 1 to 2 rental units n/c b) 3 to 10 rental units Z8:94 c) 11 to 20 rental units 5-1:89 d) 21 to 30 rental units 86-:-8Z e) 31 to 40 rental units 115.76 f) Each additional unit Z:3-:+5 License must be taken out for all rental units whether used or unused. (Does not permit dining room without restaurant license). Addressing, mailing or duplicating Advertising agency or trade inducement company Agents or agencies: a) Collection Agency b) Credi t reporting c) Booking agents 3) 4) 5) 4&-5Z 69:46 86-:-8Z 5-1:89 5-1:89 Stmek tluough passages are deleted. Underlined passages are added. 2006-0-26 4 91.16 30.39 60.78 91.16 121.55 24.31 42.55 72.93 91.16 60.78 60.78 d) Employment 59:H9 60.78 e) Private detective, detective agency (must register with police department) H6:1E 91.16 f) Travel agents H6:1E 91.16 g) Security agency H6:1E 91.16 h) Mortgage Broker H6:1E 91.16 1. Each additional Z8:-94 30.39 2. Stocks and bonds H6:1E 91.16 i) Other 46:-3+ 48.63 6) Alcoholic beverages, spirits, beer and wine (under state supervision), state license required n/c 7) Ambulance service (not connected with hospital or funeral home) 8-t:-B4 85.09 8) Animals a) Kennel, state license required 8-t:-B4 85.09 b) Boarding, state license required s-t-:B4 85.09 c) Grooming 4e:5Z 42.55 d) Pet sitting Z8:-94 30.39 9) Archery range 4e:5Z 42.55 10) Armored car service: a) 1 - 3 vehicles 59:H9 60.78 b) Each additional vehicle H::3-1 18.25 11 ) Arms dealer, handling those known as concealed weapons, alone or in conjunction with any other business (as defined in Chapter 790, Florida Statutes) 59:H9 60.78 12) Auctioneer 4e:5Z 42.55 13) Auction shops H6:1E 14) Automotive: a) Sales 1. New Cars 144.70 151.94 2. U sed Cars a. 1 - 1 0 cars Z8:-94 30.39 b. 11- 50 cars 4e:5Z 42.55 c. 51 - 100 cars 5-1:-89 60.78 d. 101 and over 98-:-4B 103.32 b) Minor repair service (State registration required) s-t-:B4 85.09 c) Motor vehicle repair shop s-t-:B4 85.09 d) Motor vehicle repair 4e:5Z 42.55 e) Pumps (gas, kerosene, diesel): 1. 1-4 pumps Z8:-94 30.39 Stmck tluough passages are deleted. Underlined passages are added. 2006-0-26 5 2. Each additional pump 5-:9-9 6.08 1) Auto machine shop 46:-3+ 48.63 15) Auto salvage 115.7G 121.55 16) Aviation service 46:-3+ 48.63 17) Ball, concerts, parades, carnivals, circus, exhibitions (fees set by Council) (special activities) 18) Barbershop and cosmetology(retail sales must have separate licenses), state license required a) One owner operator 46:-3+ 48.63 b) Each additional operator Z&94 30.39 c) Shoe shine stand n/c d) Manicurist & nail sculpture, pedicurist Z&94 30.39 e) Tanning salons Z&94 30.39 1) Other Z&94 30.39 19) Bicycles for rent (not in connection with other business) Z&94 30.39 20) Billiards, pool, electronic games, etc.: a) 1 to 10 machines Z&94 30.39 b) 11 to 25 machines 46:-3+ 48.63 c) Each additional machine tt:-5-8 12.16 21) Boats, ferry and sightseeing, used wholly or in part as ferry sightseeing boats, each boat with passenger capacity as follows: a) Not to exceed 10 persons 4ft:52: 42.55 b) More than 10 not to exceed 50 persons ~ 60.78 c) More than 50 persons 86:-8Z 91.16 (Does not permit dining room without restaurant license) 22) Boats for hire: a) Canoes, rowboats, motor boards, inboard or outboard: 1. 1 to 1 0 boats Z&94 30.39 2. 11 to 25 boats ~ 60.78 3. Each additional boat tt:-5-8 12.16 b) Fishing, cruising and/or charter: 1. One boat 4ft:52: 42.55 2. Each additional boat Z&94 30.39 23) Bottling works, bottling or distilling water or soft drinks ~ 60.78 24) Bowling lanes, skee ball, etc.: a) 1 to 16 lanes ~ 60.78 b) Each additional lane 5-:9-9 6.08 StI tIck tIn ongh passages are deleted. Underlined passages are added. 2006-0-26 6 (Restaurant needs additional license ) 25) Broadcasting stations: a) Cable 144.70 151. 94 b) Radio 144.70 151. 94 c) Television 144.70 151. 94 26) Cabinet Shop (manufacturer and installation) (not to exceed 3 employees);(Over 3 employees, see Manufacturer);(Installer must have insurance) 57-:fW 60.78 27) Car wash: a) 1 to 4 bays 3-4:7:3- 36.47 b) 5 to 7 bays 69:46 72.93 c) Each additional bay ~ 12.16 d) Car detailing and window tinting (cleaning and polishing) 4B-:-5Z 42.55 28) Carpet and rug cleaning 4B-:-5Z 42.55 29) Cemetery lots (operated for profit) S6:-8Z 91.16 30) Citrus fruit shippers, place where orders for fruit are taken and filled or shipped (excluding packing houses) Z8:94 30.39 31) Cleaning, pressing and dyeing (boiler inspection certificate must be presented) a) Cleaning and pressing pick up station 4B-:-5Z 42.55 b) Self-service: 1. 1 to 10 machines Z8:94 30.39 2. 11 to 25 machines 4B-:-5Z 42.55 3. 26 to 50 machines 57-:fW 60.78 4. Each additional machine 5-39 6.08 32) Coin-operated machine or devices: a) Distributors 57-:fW 60.78 b) Each machine, see billiards, item (20) for amounts 33) Communication sites: a) Commercial 144.70 151. 94 b) Cellular 144.70 151. 94 c) Other 144.70 151.94 34) Computer software service (designing programs) 57-:fW 60.78 35) Concrete mixing plants: a) 1 to 5 trucks 17J.G5 182.33 b) Each additional truck Z8:94 30.39 36) Contractors (general or subcontractors; bonds required): Shuck tluongh passages are deleted. Underlined passages are added. 2006-0-26 7 a) b) c) d) General, state license required Residential, state license required Builder, state license required Electrical, state license required: 1. Master 2. Journeyman Plumbing, state license required: 1. Master 2. Journeyman Mechanical, state license required: 1. Master 2. Journeyman Pool, state license required Subcontractors 1. Alarm systems 2. Aluminum installers 3. Asphalt maintenance 4. Awning (all types and/or storm shutters) 5. Cabinetry 6. Carpentry 7. Concrete, stone, brick 8. Dredging 9. Electrical 10. Elevators/escalators installation and maintenance 11. Fence installation 12. Fire sprinkler system 13. Floor sanding and finishing 14. Foundation or general excavating 15. Garage doors 16. Gas pipe installation 17. Glass and glazing 18. Heating, air conditioning or ventilation 19. Home maintenance and repair 20. House moving and demolition 21. Installation of prefabricated items, such as antenna, signs, etc. 22. Insulation 23. Irrigation 24. Land clearing 25. Landscape 26. Lawn (sprinkler installers) 8HM 8HM 8HM 59:iW z.8:94 e) 59:iW Z:&:-94 f) g) h) 59:iW z.8:94 59:iW 4&:5Z StlUGk tluotlgh passages are deleted. Underlined passages are added. 2006-0-26 8 85.09 85.09 85.09 60.78 30.39 60.78 30.39 60.78 30.39 60.78 42.55 27. Masonry 28. Mobile home set-up 29. Painters and paperhangers 30. Parking lot striping 31. Paving and grading 32. Pier/docks/seawalls 33. Plasterers, drywall, hardcoat, stucco, lather 34. Plumbers 35. Pressure cleaning 36. Roofing and/or sheet metal and tinsmith 37. Sandblasting 38. Satellite 39. Steel, prefab 40. Structural steel 41. Swimming pool a. Installation b. Service 42. TV cable wiring 43. Tile, terrazzo, marble and granite 44. Tree surgery 45. Trucking and bulldozing 46. Well drillers 47. Windows and steel sash 48. Other 37) Delivery services: 1. One vehicle z.&:94 30.39 2. Each additional vehicle tt:-5-8 12.16 38) Distributors and home party sales (Avon, Tupperware, Fullerbrush, Amway, etc.) z.&:94 30.39 39) Entertainment (Bands, orchestras, etc.) z.&:94 30.39 40) Exterminators, spray service, state license required: a) One vehicle H6:82 91.16 b) Each additional truck tt:-5-8 12.16 41) Financial: a) Banks and trust companies 150.50 158.03 b) Building and loan associations 150.50 158.03 c) Finance and discount companies, liquidating accounts, whether purchased or not 150.50 158.03 d) Money lenders, except banks or bankers whose business consists of or including St1tlck tll10tlgh passages are deleted. Underlined passages are added. 2006-0-26 9 taking, buying or selling assignments of wages or commissions earned or to be earned, etc. 150.50 158.03 e) Personal finance companies 150.50 158.03 42) Fortune tellers, mind readers, gypsies and other nomadic people (see Sections 11-21 through 11-25) ~ 91.16 each 43) Funeral chapel ~ 91.16 44) Funeral homes, including embalmer or undertaker and ambulance, state license required 115.7G 121.55 45) Furniture packers, moving and/or storage: a) 1 - 2 trucks ~ 91.16 b) Each additional truck 2&94 30.39 46) Gas companies, state license required: a) Distributing through pipe lines, natural gas (includes one truck);(franchised or other method devised by City Council) 115.7G 121.55 b) Bottle gas, wholesale merchant license required 5T:-89 60.78 c) Bottle gas, retail merchant license required 5T:-89 60.78 47) Gas contractors, installing container, piping (includes one vehicle), state license required a) Not connected with other business ~ 91.16 b) When connected with other business 5T:-89 60.78 48) Gasoline, fuel oil, and other petroleum products, resident or nonresident (includes one vehicle): a) Wholesale 144.70 151. 94 49) General repairs, permitting to carry stocks or parts necessary to be used in making repairs in shop hereby licensed, however, if any portion of such stock is sold in any manner, a merchant's license is required. Machine shop and welding (not working on automotive) 4&:5Z 42.55 Employing including owner and operator a) Not to exceed 3 employees (assemblage) 4&:5Z 42.55 b) Not exceeding 8 employees 5T:-89 60.78 c) More than 8 employees, not exceeding 20 employees 144.70 151. 94 d) More than 20 employees 219.95 230.95 Struck thtough passages are deleted. Underlined passages are added. 2006-0-26 10 51) 52) 53) 54) 55) 56) 50) Golf: a) b) Driving ranges or practice courses Course 1. 9 holes 2. 18 holes c) Miniature golf Hazardous materials Health fitness centers Hospitals, sanitariums, nursing homes, and congregate living, operated for profit, state license required: a) 1 - 5 beds b) 6 - 12 beds c) 13 - 20 beds d) Each additional bed License must be taken out for all beds whether used or unused Housecleaning and janitorial services (including window cleaning domestic help excepted) Insurance adjustor company: a) Company with one adjustor b) Each additional adjustor Insurance companies (see also Section 11-20, City Code) for the purpose of taxation, insurance companies are classified and defined as follows: a) Casualty and liability insurance, only on annual, semi-annual, or quarterly premium basis and: 1. Bonds, including fidelity, court contracts and surety bonds and financial guarantees. Burglary insurance, including residences, bank stock, bonds and securities, safe burglary and holdup and messenger robbery. Liability insurance, including employers, public and automobile liability for personal injury, property damage and collision. Plate glass insurance. Workman's compensation insurance 2. 3. 4. 5. Struck tmough passages are deleted. Underlined passages are added. 2006-0-26 11 57:-89 60.78 86:-8Z 91.16 144.70 151. 94 4e:-5Z 42.55 Z8:94 30.39 57:-89 60.78 4e:-5Z &HM 1I5.7G 5-39 ~ 86:-8Z Z&:94 42.55 85.09 121.55 6.08 42.55 91.16 30.39 b) issued to employers or labor. Accident and health insurance only on annual, semi-annual, or quarterly premium basis. Fire insurance companies, writing policies of insurance against hazards of fire, tornado and windstorms, use and occupancy, profits, rent, leasehold insurance, insurrections, riot and civil commotion, sprinkler, leakage, rain, fire, theft, automobile collisions; and marine cargoes and bills; and rail, mail express shipments; against fire, collisions, stranding, sinking. Industrial insurance companies, (including funeral benefits associations or companies) writing life and or accident and health, insurance and funeral benefits on a weekly, bi-monthly or monthly premium paying basis. Insurance agency, any person who represents or otherwise acts as agent for an insurance company as defined and or classified in this subsection or classification of insurance companies, or which operates or maintains an office or place of business in the city shall be deemed to constitute and operate an insurance agency. Fees to be paid by the company, includes representation by each agent. 1. 2. 3. 4&:-5Z 42.55 4&:-5Z 42.55 4&:-5Z 42.55 4&:-5Z 42.55 z.&94 30.39 6. c) d) 57) Casualty and liability companies Fire insurance companies Industrial insurance and funeral benefits association or company 4. Life insurance company 5. Each additional agent Laboratories, scientific and industrial investigation, if not connected with licensee's manufacturing enterprises Lawn service and care: a) Gardener and/or lawn care 144.70 151.94 58) 2-&:94 30.39 St1tlGk t1uough passages are deleted. Underlined passages are added. 2006-0-26 12 59) Manufacturers. The following businesses are classified as manufacturers and each person engaged in the operation of such business in the manner described are required to cover this operation by taking out a manufacturer's license as follows: Factory, permitted to manufacture and sell the products manufactured, employees include owner and operators actively engaged in such business. a) Not to exceed 3 employees (assemblage) 4e:-52 42.55 b) Not exceeding 8 employees 5-1-:-89 60.78 c) More than 8 employees, not exceeding 20 employees 144.70 151. 94 d) More than 20 employees 219.95 230.95 60) Meat, fish and poultry products, packinghouses or storage ~ 91.16 61) Merchandise mart (flea market) owner operator: a) Up to 4 spaces ~ 91.16 b) 5 - 10 spaces 115.76 121.55 c) 11 - 20 spaces 173.65 182.33 d) Each additional t+:-5-8 12.16 62) Merchants - Retail, provided license shall permit but one location when average stock of goods carried is as follows: a) Stock up to $1,000.00 Z8-:-94 30.39 b) Stock from $1,001.00 to $5,000.00 4e:-52 42.55 c) Stock from $5,001.00 to $10,000.00 5-1-:-89 60.78 d) Stock from $10,001.00 to $30,000.00 ~ 91.16 e) Stock from $30,001.00 to $50,000.00 137.81 144.70 f) Stock from $50,001.00 to $100,000.00 173.65 182.33 g) Stock from $100,001.00 and over 202.59 212.72 63) Merchants - Jobbing wholesaling, provided license shall permit but one location when average stock of goods carried is as follows: a) Stock up to $1,000.00 4e:-52 42.55 b) Stock from $1,001.00 to $10,000.00 5-1-:-89 60.78 c) Stock from $10,001.00 to $30,000.00 ~ 91.16 d) Stock from $30,001.00 to $75,000.00 115.7G 121.55 e) Stock from $75,001.00 and over 15G.28 164.09 Stmck t:lllotlgh passages are deleted. Underlined passages are added. 2006-0-26 13 64) Museums, historical, for profit (permission and fees set by Council) 65) Newspaper publisher 8-6:-82 91.16 66) Parking lots, for profit: a) 1 to 10 cars z.s:.94 30.39 b) 11 to 60 cars 8-6:-82 91.16 c) 61 to 100 cars 115. 7G 121.55 d) 101 cars and over 144.70 151. 94 67) Pawnbrokers, not transferable l7J.65 182.33 Each pawnbroker or money broker shall keep a complete and true record of all transactions showing from whom the article was taken or purchased and to whom sold, which shall at all times be subject to inspection by the police department to the city, one copy of daily records being delivered to the police department. Violations of this subsection shall be punished by fine or imprisonment. (See Section 11-27 and 11-28, City Code.) 68) Printing business 59-:89 60.78 69) Private and social clubs 59-:89 60.78 70) Private schools (religious, institutions exempt) z.s:.94 30.39 a) Art color studio b) Automobile and truck driving c) Business d) Cosmetology e) Dancing f) Dramatic g) Flying instructions h) Kindergarten, nursery, or day care (state license required) i) Martial arts j) Model or charm k) Music (piano, voice, instruments) 1) Riding school or academy m) Trade n) Other 71) Professional 8-6:-82 91.16 The following professional practitioners are classed as professional and each person engaged Stt tick tht ongh passages are deleted. Underlined passages are added. 2006-0-26 14 in the practice of any such profession is required to cover this practice by taking out a professional license as follows: (Other county and state license compliance required if applicable) a) Accountants, bookkeepers b) Artists c) Acupuncturists, state license required d) Architects e) Astronomers f) Attorneys, state license required g) Auditors, state license required h) Chemists, state license required i) Clinic labs, state license required j) Computer consultant k) Drafting 1) Dentistry, state license required m) Embalmers, state license required n) Engineers, state license required 0) Engravers, embossing, lithographs p) Homeopathic or drugless physicians q) Income tax, tax consultant r) Interior decorators, designers s) Masseur, state license required t) Medical doctors, state license required u) Naprapaths, state license required v) Opticians, state license required w) Optometrists x) Osteopathic physicians, state license required y) Pharmacists (exempt F.S. 205.196), state license required z) Physicians, state license required aa) Photographers bb) Pilot cc) Podiatrists, state license required dd) Private instructors ee) Secretary ff) Security (must register with police department) gg) Therapists hh) Tree surgeons ii) Veterinarian, state license required jj) Taxidermist, state license required Shuck tlllough passages are deleted. Underlined passages are added. 2006-0-26 15 kk) Bondsman (state license required): 1. Each agency 2. Each agent 11) All other professions 72) Real estate or rental agency, state license required: a) With one person designated as broker b) Each additional salesperson (No license issued until state registration certificate is presented.) 73) Recording studios 74) Refuge hauling and recycling, for profit, (by authority of the City Council fees also determined by Council) 75) Rent all (equipment & video) 76) Restaurant, cafe and other public eating places, where food is served in connection with or separate from other business according to seating capacity: a) 0 to 50 seats also carry out b) 51 to 100 seats c) 101 seats and over d) Caterer service Health permit certificate required. 86:-SZ 91.16 z.&:94 30.39 86:-SZ 91.16 4e:-52: 42.55 2-8:94 30.39 57-:-89 60.78 57-:-89 60.78 77) Rinks 78) Saw mills 79) Service: a) Mail order b) Parcel packing c) Telephone answering services d) Telemarketing e) Housesitting f) Chimney sweeper g) Other 80) Shooting galleries Must be arranged and located as to be entirely safe and not a nuisance to adjoining property and approved by the City Council and the Police Department. 81) Shows, carnivals, parades, concerts (fees set by Council) 57-:-89 60.78 86:-SZ 91.16 98-:-4e 103.32 4e:-52: 42.55 86:-SZ 91.16 86:-SZ 91.16 4e:-52: 42.55 4e:-52: 42.55 4e:-52: 42.55 4e:-52: 42.55 z.&:94 30.39 z.&:94 30.39 4e:-52: 42.55 57-:-89 60.78 Stltlck tmough passages are deleted. Underlined passages are added. 2006-0-26 16 82) Solicitors: a) For magazines or periodicals (see Section 11-26, City Code);(each solicitor required to register with the Police Department and receive a registration and identification card signed by the Police Chief) Z8-:94 30.39 b) Going from house to house soliciting business, (each solicitor required to register with the Police Department and receive a registration and identification card signed by the Police Chief) z.&:-94 30.39 c) Canvassers (see Section 11-26, Edgewater Code, must get permit from City) Z8-:94 30.39 83) Storage warehousing 86:-SZ 91.16 a) Boat houses or boat yards (keeping or storing) Z8-:94 30.39 b) Garage and storage and parking for all types of vehicles 4e:-5Z 42.55 84) Swimming pools (public) 4e:-5Z 42.55 85) Telegram companies 57:S9 60.78 86) Telephone companies 57:S9 60.78 87) Theaters: a) Up to 500 seats 69-:46 72.93 b) 501 to 1,000 seats 86:-SZ 91.16 c) Over 1,001 seats 115.7G 121.55 d) Drive-ins 86:-SZ 91.16 (If merchandise is sold, merchants license is required) 88) Trailers or mobile homes parks or camps: a) 1 to 9 trailer spaces 4e:-5Z 42.55 b) 10 to 20 trailer spaces 5-1-:-89 60.78 c) 21 or more trailer spaces 86:-SZ 91.16 Sales 144.70 151. 94 89) Transportation: a) Chauffeurs, taxis, limousines or motor vehicles for hire (must get permit from Police Department.): 1. 1 to 5 vehicles 57:S9 60.78 2. 6 to 10 vehicles 86:-SZ 91.16 3. Each additional vehicle 5-:9-9 6.08 b) Wrecker service: Stmck through passages are deleted. Underlined passages are added. 2006-0-26 17 1. One vehicle 2. Each additional vehicle 90) Trucking companies (Freight): a) Each truck 91) Unclassified 92) Utilities 93) Vendors, concession mobile, health permit required 4B:-5Z 42.55 5-39 6.08 Z8:94 30.39 5-1:H9 60.78 144.70 151. 94 4B:-5Z 42.55 PARTC. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. CODIFICA TION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts C through G shall not be codified. PART F. EFFECTIVE DATE. This ordinance shall take effect as of August 1, 2006. StlUGk through passages are deleted. Underlined passages are added. 2006-0-26 18 PART G. ADOPTION. After Motion to approve by and Second by , the vote on the first reading of this ordinance held on July 24, 2006, was as follows: AYE NAY Mayor Mike Thomas Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter After Motion to approve by and Second by , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas Councilwoman Debra 1. Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter Struck tlllough passages are deleted. Underlined passages are added. 2006-0-26 19 PASSED AND DULY ADOPTED this 7th day of August, 2006. ATTEST: CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA By: Susan J. Wadsworth City Clerk Mike Thomas Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP Approved by the City Council of the City of Edgewater at a meeting held on this 7th day of August, 2006 under Agenda Item No. 6_. Stmck thtongh passages are deleted. Underlined passages are added. 2006-0-26 20 AGENDA REQUEST Date: 7/14/06 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT XX OTHER BUSINESS ITEM DESCRIPTION: Liquid Sludge Hauling Contract with H & H Inc. Request to Adjust (increase) Hauling Costs Based on the Current Bureau of Labor Statistics SE Regional CPI BACKGROUND: The City of Edgewater has an existing agreement with H & H Liquid Sludge Disposal, Inc. for the hauling and disposal of wastewater residuals (sludge) from the City's Advanced Wastewater Treatment Facility. Section 7 of the agreement provides for negotiation of the charges based on the CPr. The most recent Consumer Price Index (May 2006) for the South, Transportation, is a 9.6% increase from May 2005 to May 2006. The Wastewater Department Proposed Budget for FY 2007 will be adjusted to accommodate this cost increase. STAFF RECOMMENDATION: Staff recommends adjustment of the Wastewater Residuals Disposal Agreement with H & H Liquid Sludge Disposal, Inc. to allow a 9.6% increase based on the most recent (May 2006) CPI for Transportation in the South Region. The increase will amount to the cost of hauling a load of sludge from $244.59 per load to $268.07 per load. ACTION REQUESTED: A motion to approve the CPI adjustment for the H & H Liquid Sludge Disposal, Inc. agreement at a 9.6% increase based on the May 2006 CPI for Transportation in the South, to have an effective date of July 2006. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: Respectfully submitted, ~~,~.~ Departme ,Director C\MyDociments \ TerrysFiles \AgendaRequest YES NO AGENDA ITEM NO. , _ er- "-0~Vvv\.)> '\,., J Williams Interim City Manager 07/10/2006 13:31 SPS StOOGE PASUlNG ~CLlilG W~S8 . o A $0 R .: 3864973015 HH LSD INC ~~ Sludge 018 · o.\) ~o6 V H & H .,/ Inc. P.O. Box 609 · Ft. White, Florida 32038 · (800) 653-0386 Date: 1-/0 ~~ b Time: .... Attention: '/rt4 - teJ~ ) Company: _~..u/'\<<;;(#~) ~~~ Fax Number: '~K~ -I/~z/-o< t.,L(Jq From: ;J;..f);J CfP Reference: If you have any problems receiving this fax, please call (800) 653-0386. Thank you. H&H liquid Sludge Disposal, Inc. office (386) 497-3959 fax(386) 497~3015 PAGE En ~111~/L~~b 13:31 SPS r SLUDGE P ASTEURJZING SYSTEM 3~b4'j 13m~ HH L:;1) 1NC I-'Al.::lt:.. ~L ,4 Sludge Ois/:) . o..\) 0" v H & H ~/ Inc. P.O. Box 609 · Ft. White, Florida 32038 . (800) 653-0386 July 10, 2006 City of Edgewater P.O. Box 100 Edgewater, FL 32132 A TIN: Ms. Williams, Purchasing Dear Ms. WiUiams: P,lease consider this as a fonual, request to increa..o;e out' existing hauling costs from $244.59 per load to $268.07 per load. In our Wastewater Residual Agreement in sub-section #7. last sentence "After the initial period of 1 ~ years Contractor has the option to negotiate any CPI charge/increase". The current Bureau of Labor Statistics SE Regional CPI is under transportation 9.6% from May 05 to May 06. We would appreciate this cost retroactive as of July 1, 2006. Please undenrtand any current truck pricing charges for hauling and disposal are in the $400.00 to $450.00 per load range. Our current contract should not have been renewed by our Company. Thank. you for this consideration. Sincerely. I2M!IJ./'~, Rick D. Hacht, President H&H Liquid Sludge Disposal. !ne ~(fl~fL~~b l~:~l jl::lb4'::jfjl:n~ HH LSD INC PAGE 03 ......-........ ........./ WASTEWATER RESIDUALS DISPOSAL AGREEMENT This agreement is made and entered into this ('--I t!-. day of ~ --l ,2003, by and between the CITY OF EDGEWATER, a municipality, whose address is: P. O. Box 100, Edgewater, Florida 32132"0100, hereinafter referred to as "City" and H &: H LIQUID SLUDGE DISPOSAL, INC., a Florida corporation, whose address is P. O. Box 609~ Ft. White, Florida 32038, herein.after referred to as "Contractor". RECITALS: WHEREAS, Contractor has secured the rights and permits on property further described and identified on the map attached hereto as Exhibit <<A" and herein incorporated hy referen.ce ("Disposal Site"), for the purpose of disposing of domestic wastewater residuals and "Class B" OT better domestic wastewater sludge at this site; and WHEREAS, Contractor. is in the business of disposing of domestic wastewater residuals "Class B" or better domestic wastewater sludge for various domestic wastewater treatment operations as required by Chapter 62-640 F.A.C.; and WHEREAS, City is the owner and/or operator of a City wastewater treatment and disposal plant which gen.erates "Class B" or better liquid wastewater residuals; and WHEREAS, City is required under Chapter 62.640 F .A.C. to either (i) be responsible for the disposal of its own wastewater residuals from those plant operations in accordance with the requirements of Chapter 62.640, or (ii) contract with a separate contractor to assume this responsibility as well as the associated record keeping responsibility with regard to the disposal of its wastewater residuals; and WHEREAS, the City, not being desirous of providing and permitting its own wastewater residuals disposal site, is desirous of contracting with the Contractor to assume this full responsibility under the terms of Chapter 62-640 F.A.C. NOW, THEREFORE, in consideration of the premises, and other good and valuable consideration, aod in consideration of the mutual covenants her.einafter contained, it is agreed by and between the parties hereto as follows: 1. The City agrees that it will provide the chemical analysis of the wastewater residuals and sewage sludge, of at least "Class B" quality, from its plants as required by the Florida Department of Environmental Protection and that it will keep a record of the amount of liquid wastewater residuals hauled and the dates that the residuals are hauled from the City. 2. Contractor agrees that it will provide all other record keeping in a manner acceptable to the Florida Department of Environmental Regulation for all wastewater residuals and sewage (Agreement/H&H Sludge Disposal) 07/10/2005 13:31 3854973015 HH LSD INC PAGE 04 .....--. .~_./ sludge hauled from any of City , s wastewater treatment plant operations and the City accepts responsibility of filing all reports with the Florida Department of Environmental Protection and such other agencies requiring such reporting. in a timely manner and by the due dates required. In addition, Contractor shall provide City with a report on the annual pollution loading rates of the Dried Residuals applied to the Disposal Site. This report must be provided to City within fifteen (15) days after the end of each calendar quarter and :shall be stated in pounds per acre or kilograms per hectare. 3. Contractor agrees that upon City's delivery of residuals that have been 1reated to at least "Class B" stabilization quality, as described in Chapter 62.640 F.A.C., and by 40 CFR Parts 257 and 503. that Contractor will accept responsibility for the proper disposal of the residuals from City's plant at the Disposal Site in accordance with the Agricultural Use Plan previously developed by City and/or required by the foregoing regulations and the state and federal statutes which auth.orize the same, and that Contractor agrees that it is aware of and will comply with the requirements for proper disposal of such residuals as described in City' s wastewater treatment facilities Florida Department of Environmental Protection penn it for the wastewater treatment plant owned and/or operated by the City. 4. Contractor agrees that if it is shown that disposal of additional residuals at an existing disposal site will result in violation of the rules and regulations of the various regulatory agencies with regard to wastewater residuals disposal. then the Contractor shall use a properly permitted alternate disposal site. In this regard, Contractor agrees that it will be responsible for all of the appropriate n.otices to the various regulatory agencies of the change in the site of the disposal of the wastewater residuals to another approved and properly permitted site. City shall also be notified of such changes. 5. Contractor agrees to timely provide to City: A. All information to City which is necessary in order for City to: 1 . Comply with all applicable state and federal laws and regulations pertaining to the subject matter of the Agreement; and 2. Annually update its wastewater residuals disposal plan. B. The "summary of the domestic wastewater residuals application" for the previous year. 6. As compensation for services performed by Contractor, City agrees to pay Contractor for its services hereunder at the following rates: A. Liquid Wastewater Residuals: / .03312 2allon (Agreement/H&H Sludge Di:sposal) 2 07/10/2006 13:31 3864973015 HH LSD INC PAGE 05 -,-..I B. Based on the foregoing, the Contractor agrees that the cost per seven thousand (7,000) gallon load will not exceed an amount of$231.84. Contractor agrees not to charge any fuel surcharges. All payments due hereunder shall be made in accordance with the Florida Prompt Payment Act, and all expense reimbursements shall be made in accordance with Section 112.061~ FlorIda Statutes. 7. This Agreement shall remain in full force and effect for a period of six (6) months from the date of execution of this document and may be annually renewable by the mutual agreement of both parties for up to five (5) additional years. Contractor hereby agrees that there will be no CIP charie/increase for the initial year and a half (1 ~ yrs). After the initial period, Contr.actor has the option to neiotiate any CIP charge/increase. 8. City and Contractor agree that any notice required to be given he-reunder shall be considered to have been properly given if the same has been. sent in writing by certified or registered mail to the following: If to City: If to Contractor: City of Edgewater P. O. Box 100 Edgewater, FL 32132-0100 Attn: Director of Utilities H&H Liquid Sludge Disposal, Inc. P. O. Box 609 Fort White, Florida 32038 Attn: Rick D. Haeht 9. The Contractor agrees to indemnify and hold the City harmless from any and all claims for personal injuries, death or property damage and any and all other losses, damages, charges or expenses, jncluding attorney's fees. which arise out of, in connection with, or by .reason of the Contractor's fulfilling its responsibility for disposal. record keeping and reporting of the disposition of wastewater residuals under this Agreement or as otherwise required by it under applicable state and federal laws and regulations. 10. In the event that Contractor defaults in the performance of any of the covenants and agreements herein provided to be petformed by it. or as otherwise required by applicable state or federal laws in connection wi.tb its duties hereunder, then, in such event~ City shalJ have the right to pursue such remedies at law or in equity as shall be available to City in which event Contractor agrees to pay all costs of legal action including, but not limited to. any reasonable attorney's fees incurred by City in connection therewith. In addition, in the event of such default City shall have the right to contract with and utilize other haulers and processors during the default period for the same purpose set for1h herein, without the same constituting any default or failure of performance by City hereunder and any cost in excess of the charges set forth in this Agreement incurred by City during the default period in legally disposing of it:s wastewater residuals shall be reimbursed to the City by the Contractor. (Agreement/H&H Sludge Disposal) 3 07/10/2006 13:31 3864973015 HH LSD INC PAGE 06 '...-J 11. In the event that City defaults ill the performance of any of the covenants and agreements herein provided to be perfot11'led by it, then, in such event, Contractor shall have the right to pursue such remedies at law or in equity as shall be available to Contractor in which event City agrees to pay all costs of legal action including, but not limited to, any reasonable attorney's fees incurred by Contractor in connection therewith. 12. This Agreement shall extend to and be binding upon the successors and assigns of the parties hereto. 13. This Agreement is to be construed and enforced according to the laws of the State of Florida. The parties agree that the proper venue with respect to any litigation in connection with thi s Agreement shall be Volusia County, Florida. IN WITNESS WHEREOF, the parties hereunto have caused these presents to be executed i.n their respective names, and their respective corporate seals to be hereunto affixed, by their proper offi.cers there unto duly authorized, the day and year first written above. ~/ ;c~. Susan J. Wadsworth City Clerk CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA ByQ--~/ Donald A. Schmidt Mayor ATTEST: ~.1"\ Robin L. Matusick \ Legal AssistantIParalegal ATTEST: II&H LIQUID SLUDGE DISPOSAL~ INC. By: ~D ~ ~h. Rick D. Hacht., President Dated: L/- 8-0 J (AgTeel'TlentIJ-J&H Sludge Di~posal) 4 07/10/2005 13:31 3854973015 Tal MTIt: News HH LSD INC From: 815 faxb~ck - Atlant~ Fot Release: 6:30 A.M., ET, Wednesday. June 14, 2006 CONSUMER PRICE INDEX (1982-84=100) May 2006 t-'A(jl:. l::J( 6-20-06 1:49pm p. J of J BUREAU OF LABOR S'l'ATISTICS SOUTHEASTERN REGIONAL OFFICE ATLANTA, GEORGIA TELEPHONE: 404-331-3415 Request Document 9105 Group Index Index U.S. City Average All items (1982-64=100) 2025 4.2 0.5 198.2 4.3 0.5 All items (1967-100) 606.5 590.5 Food and beverages 194.7 1.9 0.3 193.9 1.8 0,3 Housing 202.2 4.0 0.2 197.4 4.1 0.3 Shelter 231.2 3.2 0.2 223.7 3.2 0.3 Rent of primary residence 223.6 3.3 03 222.7 3.3 0.3 Apparel 122.4 0.0 -0.8 121.9 0.0 .10 Transportation 187.6 90 1.9 187.7 9.8 2.1 Medical care 335.6 4.2 0.3 335.0 4,1 0.2 Recreation 1/ 111.2 1.6 0.1 108.5 1.4 0.1 Education & communication 11 115.7 2.7 -0.1 113.0 2.2 -0.2 Other oods and services 320.2 2.5 0.1 329.3 2.6 0.0 All urban consumers Wa earners & clerical workers Percent Percent Percent Percent Group change change change change Ma 05 A rOB Ma 05 oe Index Ma 06 Ma 06 Index Ma 06 oe South All Items (1982-64=100) 1955 All Items (Dee 1977=100) 317.2 Food and beverages 192.3 Housing 165.8 A~~~ 1~7 Transportation 186.0 Medical care 321.6 Recreation 1/ 111.8 Education & communication 11 112.4 other ods and services 305.2 1/ Indexes on a December 1997=100 base. . Not available. Internet address: http://www.bIs.l!:ovlro4/homc,htm Fax-on-demand number is 404-331-3403 4.4 0.4 2.2 4.2 0.8 9.6 3.3 2.1 2.1 19 0.4 03 -O.e 1.1 0.3 0.2 -01 0.2 192.9 3124 191.0 184.3 136.2 184,5 322.6 109.2 109.4 310.6 0.4 4.7 2.1 4.6 1.0 10.0 3.2 2.0 1.7 1.9 0.4 0.4 .1.2 1.0 0.2 0.3 -0.1 0.1 AGENDA REQUEST Date: July 6, 2006 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER BUSINESS July 24, 2006 CONSENT ITEM DESCRIPTION: Renew agreement between the Florida's Coast-to-Coast Chapter of the American Red Cross and the City of Edgewater. BACKGROUND: The renewal of this agreement permits the Florida's Coast-to-Coast Chapter of the American Red Cross the use of a City facility during natural disasters and peacetime disaster emergencies. It has been evaluated and planned to utilize the Hawks Park facility (YMCA) as a host (non- impact) shelter for residents and guest during times of isolated evacuations. The facility can also be utilized as a host shelter for out of town evacuees. The Florida's Coast-to-Coast Chapter of the American Red Cross agrees to defend, hold harmless, and indemnify the City against any legal liability including reasonable attorney fees, in respect to bodily injury, death, and property damage arising from the negligence of the Florida's Coast-to-Coast Chapter of the American Red Cross during its use of the property. STAFF RECOMMENDATION: Staff recommends the City Council authorize approval for the Mayor to renew the agreement. ACTION REQUESTED: Motion to give approval for the Mayor to renew the agreement. FINANCIAL IMPACT: (FINANCE DIRECTOR) N/A (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A PREVIOUS AGENDA ITEM: YES NO XX DATE: N/A AGENDA ITEM NO. ~' -J j~t:\ Robin Matusick Paralegal ,i ~ ")... . c.:.......... \... J n Williams Interim City Manager 05/3B!2805 11:41 3852588848 AMERICAN RED CF-:OSS PAGE 01 Florida's Coast to Coast Chapter 341 \ Vnite Street .' . Oaytona Beach, 'F:orida 32114 B86~226-1400 Fax eSG-) 258~884B DISASTER FA.l: (386) 257-0910 , - .' American Red Cross f. ..8)( To:~ ~M t T"CHELL. , . fax: 4J~-~a33 Fr'oni= ?A---rT(' HA'(2caqx . ' 9 Pales: . Phone: Date: .' b.-30-0b ~ent ~r Review 0 Please C()ml1'lf!lnt . ~~e Repl~ ~: Sf-f ELTG~ ft&~eHf:^,Jt ee: [j PI~e Reeytle . CC;U'1unenu: Disaster Services ~ 05/30/2085 11:41 -I~ American Red t:ross florida's COIl~1 to COtHt Chapter HeaJiqlllJl'tus Am..ricaJl Red j'to.!S of VolUJia and FlI ~ler C<>llflti~s 341 White Scree i D~yton~ 6tO\ch. !FL. 32114 (386) 226-1400 (386) 258-8848 :Fax) 1-866-245.91BU n'all F~c) w""w.davtanarc(,~ American Rtd (I"(>s~ oj Cilrus and fierI ,zndo COlllltie$ ~449 W. Gulf to L.ake Bll'el. CryStlll(ivcr. F134429 (352) 564.8.:l55 (352) 564-84G;? i F~,,) Anulricall Red (,'....S5 of J.ali.e Gild Su:mte ,.. Cfiu.ntie.' 12\J W Maill SL~1 Le4sburg. f:L 34' '48 C~~Z) 314-Q883 (352) J 14-0l\!l5 W~~) .-1meriClltl R~d Cess of l!arhm Cou'''J' 1'.0 80:' 807 (~31::l. fL 3~47R (352) 1522.:\4'\7 (::'~l732.R596 ('.x) ~ IU.i l'nitl..c Wa~ A ,\ft'td.'ft /'SOi~"! 3852588848 AMERICAN RED CROSS PAGE 02 18 April. 2006 Deal." Red Cross Friend, Your tocal Red Cross Disaster Program is currently updating our shelter agreements and our recmds indicate that your sh~lter 6.greement has expired. We have enclosed our NEW shelter agreement contract for your consideration. Additionally, if you have made any struotural changes to your bUilding since our last agreement, plea.se let us knov, and we will arrange for another Mass Care survey of your building to be carried out. If you ha\'e any questions regarding the agreement, please contact CUr disaster department at your local Red Cross chapter. Our normal business houts are Monday through Friday, 8:30am to 4:45pm, our phone number is 386~226-1400,113. As always, thank you for your consideration. ~~'Vv\~ Patti Marcoux Shelter Coordillator Florida's Coast to CQast Chapter American Red Cross A. bequest is a gift that keeps Oil givin.g. Pleas", remember Ihe Floridn:" Coast!o Com! Chap1c-:t: '~VI ~~/~~UU 4~.~~ ~OOt:..:..JOOO,"+O HI"lt:.~.I.'A'lr'1 ~t::.JJ I~I.J~~ t-'Al,1:. ~j AGREEMENT 'fO ,P:&RMIT mE USE OF A FACILI1'Y AS A RED c~oss EMERGE]\;'CY SHELTE,R Effectivo Date: Upon executlo:l.. Expiration Date: None, OMler or Red Cross may terminate the agreement upon 30 days' notice, Owner: City of Edgewater . YMCA Owner's 24.Hour Pomt of c;,ontact (name and emer2:ency phone number and cell phone number) Primary:. Herman Mi tchell Altemat.e:Jack Corder Owner's Addrf.'sS for Leila! N.otices: PO .Box too, Edgcwater. FI. 32132 Phone Number: -3..afLdO 9 - 9 6 2 2 Red Cr~ TIle American National Red Cross, a not.for profit corporation under the laws of the United States Red Cross 24 Hour l\JLut QfCQnmct (nll.meand cell nhone number) Primary; Altemate: Ellen Newlon 3&6-226-1400 ext. 1]6 or Cell 386-52'7-5037 Theresa Evans 386-226-1400 ext. i 13 or Cell 386.341~4205 /,~ed Cross Addr~s for Lega.l NoIice3: The American Red Cross, Florida's Coast to (,'oau Chapter, 341 White Street, Daytona Beatb, Florida 32114. The Amc,'1'iclln National Red Cross, Office ofth.: General Counsel, 2025 II: Street, N.W., Washington, D,C. 20006 The American National Red Cross. Disaster Operations. 2025 E Street, :'>I.W_, Washingtoll, D.C. 20006; i1ed Ctas!; Address t\)T Tuvoice~: Flqrida's Coast to Coa:!lt Chapter, 341 White Sf. DaytClJH! ~ea(:b Florida. ,~Facjlities Associa.te, Field Logistics, The American Natkm.,,1 Red Cross, Disaster Re~ponse 2025 E Street. i'hshin~on. D.C. 2Q006. :~ame and Address of Shj:!lter: CitY..QLEdlZewatcr - Y MeA PO BIlX l~ td2ewate.r....f.1L 32132 The Florida's Coast to Coast Chanter of the American Red Crl)ll~ Naltle:-1iL~Thoma s TItle: Mayor Name: Ellen Newton Title: mre~tor of Emergency Services Date: Date: Sil!nature: Si~nature: TERMS AND CO..\'DITIONS . 'his Agreement is made for the temporary use ofa facility designated by Owner for use as a public shelter during a I'(;ciared or undeclaroo natural disaster or other condition or event reql.liring thr !<ttivation of the di:!/lSter It-lief IImctions of The American National Red Cross (referred tc, as an "Eme:r~ency"). The paJties desire to reach an l :nderstanding that will result in providing the facility owned by the Owner to the Red Cross to operate an tlUergency shelter for the benefit of Owner's community, 05/30/2006 11:41 3852588848 AMERICAN RED CROSS PAGE 04 1. Own~r's Responsibilities. (a) Owner has identitied the facility, cmd Red Cross has detennined that the facility may be mitable for use as a public shelter, or staging area, or for (,thel' purposes in connection with disaster relief operations. (The facility is referred to as the "Shelter"). Upon request by the Red Cross (which may be made orally or in writing) OW11l'r will make the facility available to Red CTOSS f~)r use as a Shelter. (b) Owner will appoint a perSon to coordinate the Owner's attivities (This mdividml is ref~lTed to as the Owner's "Facility Coordinator"). The Facility Coordinator will coordinate the use of the Shelter with the Red Cross's designah:d offinal. (The Red Cross official IS referred to as the "Shelter Mane.ger"), The Facility Coordinator and the Shelter Manager will collaborate to resolve questions regarding Shdter operations. The Fac;llity Coordinator and the Shelter Manager will jointly conduct a pre-inspection survey of the Shelter before it is turned over to the Red Cross. The pre-inspection slU'Vey, attached as Exhibit A, will be used to identit)' and record any existing damage or conditions. The Facility Coordinator will secure all equipmenr that is not supposed to be i1sed by the Red Cross in the operation of the Shelter. (c) The Facility Coordinator will, 0111'equest and if feasible, designate a "Foodservice Manager" to establish a feeding schedule and determine foodservice inventory and supply needs. The Facility Coordinator also will, on request and iffeasible, designate a Facility Custodian, to establish and direct the sanitation mventory and supply needs. The Shelter Manager and the Facility Coordinator wiJJ jointly coordmate a work schedule for any pel'sonnel who ate not Red Cross employees, volunteers, or contractors. If it 1s not feasible fOf one or both of a Foodservice Manager or a Facility Custodian to be designated by the Facility Coordinat.or, the Facility Coordinator will inform the Shelter Manager, who may obtain such services by contract. (d) At the direction of and in cooperation with the Shelter Manager, the Foodservice Manager will provide iUle food and sllppHes needed for meals at the Shelter site, If, in the opinion of the Shelter Manager, additional food Jr supplies are needed, the Shelter Manager will coordmate the procurement of the additional food or supplies. Red :::ross will payor reimburse Owner for all food and supplies as approved by the Shelter Manager and used in the ;ourse of operating the Shelter. (e) The Facility Custodian will proVIde sanitation services and supplies for custodial care at the Shelter as 1irected by rhe Shelter Manager. The Facility Coordinator or Facility Custodian will order and provide all 'lddition.al sanitation and custodial supplies and services as shall be determined by the Shelter Manager. Red Cross will payor reimbtu"se Owner for all sanitation supplies as approved by the Shelter Manager and used in the c.oursc of !Jperating the Shelter. (t) Red Cross IS not responsible for police or public safety at the Shelt~r Any private security services that Ir~ to be the rtsponsibility of Red Cross must be arranged under a separate agreement. Shelter population shall be ':xclusively the role oflted Cross. Owner shall not di$tnbute or rc:-veal any iuforrolltiol') concerning OCC\lp"\lt~ of a ~helter without the express "written consent of the Shelter Manager. No press releases Of other informat.lon shall be bscminatcd without the express wrItten consent of the Shelter Managet'. Owner will refer all media questions elated tlJ the Shelter to the Shelter Manager (g) Within thirty (30) days after the close of a Shelter, the Facilities Coordinator shall ,submit to the Red ~ross all invoices to the address above. Invoice backup must include a lisr Of the Shelter operatlons personnel and lOurs worked at the Shelter, and details en any materials Qr goods used or consumed ,,~. Red Cross's Obligations. (a) The Red Cross Shelter Manager has primary responsibility for the operation of the Shelter. Red Cross Vlll provide additirJr.aJ Red Cross staff and volunteers to carr)' out the activities of the Shelter. Red Cross will post .lgns identifymg the Shelter. Red Cross wJlJ remove all Red Cross signs when the Sheller is closed. Red Cross and l! of it~ agents, and employees, and volunteers willl'lxercise res!>onable care in the. operation of any Shelter. 2 06/3J/2005 11:41 3852588848 AMERICAH RED CROSS PAGE 05 (b) Storm damage or other damage causel:l by the Emergency is not the responsibility efRed Cross Red Cross reimburses personnel costs at actual Cllrrent per hour straight time rate for instruction, custodial, maintenance, and food service. Red Cross will reimburse Owner for me reasonable actual out-of-pocket costs and expenses for operational expe.ns~s, including tile replacement oHood, supplies, equipment, Property damaged, lost or stolen due to the negligence of Red Cross will be ~ornpensated based on depreciated actual ca~h value. Reimbun;ement for any extl'<lordinary or capital expenses (including without limitation painting, carpeting, wIring, and structural work) wiE be limited to replacement at actval cash value of the property. In such cases. Red Cross will select from among bidg :rom at least three reputable CO~itractors. (c) Rtd Cross will notify t~ Owne..- or Facilities Coordinator of the closing schedule for the Shelter. After the Shell\'.T has been closed, the Facility Coon;i.i/llltor and the Shelter Manager will conduct a post-d~sEtsttr facilities survey to ensure that the Shelter is rerumed to tbe Owner in the same condition as it was when it was opened, ordinary wear and tear excepted. The form to be used for this post-operation survey is Form 65:56 (Release of Facility) attached as Exhibit B. 3 OS/3S/2005 11:41 3852588848 AMERICAN RED CROSS PAGE 05 Exhibl1s A and B Exhibit A: http!;://cfossnet.redcross.orglofflce/fol11iS/disaster 6505 shelter Shelt.er-surveY.dot Exhibit B: hmls:licrossnet.red~toss.o!"g!formsidi~~~L 6556 release of Shelter.pdf 4 UOf~~t~~Uo ~~.~~ ':'OOL::JOOO'lO HI"II:.r-.:J.'_,I-\I'I i"(1:.!.J '-,r-.:U::>~ ~I-\Ul:. tll EMERGENCY CONTACT L~! City of Edgewater YMCA Name- of Shelter ~ 7/6/2006 Date We know that people come and go in this crazy world and that things change; because of this We are trying to upda:te our emergency contact list. In order to open your facility for sheltering we need know t."'le names and phone numbers of the people we will need to contact when the need alises. As you are aware this can happen any time, day or night. Please identify 3 people who would be available to grant us access to your facility. THANK YOU FOR YOUR SUPPORT --, FL 32132 : Phone Number: 386':"'4Q..9-9622 Rell Phone: .3 8 6 - 3 1 6 -:..U.8. 74 ItiBpa er NUVJ.ber: N /"A EMail Address --- ---j I -- --. Secondary Contact Name: Jack Corder Addxess: 148 w. Turgot Ave. Edgewater, FL 32132 - Phone: 386-424-2485 . -P-aliIer;.. Cell: 386-566-3670 E Mail Address: jcorder@citYOfedgewater.org I --~ --~--1 ----. r Third CoxJtact , Name: ,Trick Derosier :' Address: 148 Ti/ 'T'urcrot )\vp F(lgewrit:pr, PI. i . - I Phone: 386-424-2485 1.p~g6f.;- Cell: __ 286-566-3670 I "EMail Address: j nero~ i ..e.r@ri t yOfpngpwt: ri pr n rg ~----==-1 1m? 9 .J Aprl 2006 06!33!~005 11:41 3852588848 AMERICAti RED CROSS PAGE 08 American Red Cross SELF.INSPECTION WORKSHEET OFF-PREMISES UABILITY CHECKUST Bl.,J Iding Owner Date . LOI'ation "_~~__ lrlspector fx!'!ts and Access 1. ,~re a.1! exits visible and unobstructed? 2.~re all ex:its marked with a readily visible sign that is properly illuminated? 3. "~re there sufficient exits to ensure prompt escape in case of emergenoy? 4. ~re controls in place for restricted areas requiring limited access? 5. :)0 exit dears SWing outward? Yes No EXi,erior l'~re all exterior exits properly illuminated? 2.'~re all sidewalks maintained with no large oracks or uneven surfaces? :3 ~re the parking lots in good condition with no potholes or uneven surfaces? 4. I:~re all handicapped ramps maintained and equipped with proper rails? 5. n inclement weatner (ice ana snow), are all sidewalks and parking lot areas naintained to provide proper access to the building? Wt.lking and Working Surfaces 1. I\re aisles and working area clean and free of hazards? 2. '\re floors clean. dry, sanitary, arid free of slip hazards? 3. ,~re stand mats, platforms, or similar protection provideCl to protect people frorn ,vet floors? 4. ,Nhere necessary, are n':;Jnskid surfaces applied to stair treads? 5.~re stairways in geed condition and standard railings provided for every flight 'laving four or more risers'? 6.:Ve all areas of the building adequateiy illuminated? Ki1:hen 1 ':\re the stove and hOod free of grease accumulation? 2. s there a prcperly serviced fire extinguisher in an accessible area? 3. s the floor clean, dry', and free of slip hazards? 4. Jo all electrical appliances have a ground prong? 5, i'\re there proper ccntail1ers available (e.g., metal trash cans) for disposal of :;igarette butts and trash? Sig nature5 !wII01r.g Owner's Repre5ertatl~e American Red CrGES "apn3sMtali'ie AT"r,o!rlCln 9oJ(l Oro'n, ~~rm &$1)5 (!S.BDj 05/30/2005 11:41 3852588848 A~1ERICAt'l RED CROSS PAGE 0'3 Anlerican Red Cross RELEASE OF FACILITY Thl.:; is to certify that the eo/trolled, owned. Or operated by ant' used temporarily !)y the Ameriean Red Cross. DR# __ _ <J~'~'n emergency dlaast~r facility from (date) to . is /'Iereby returned by ttie Am i~can Red Cross to IeS!: the following d~jci~"eies: } -..----' Signature of Owner/Operator Signature of American Red Cross Fiepresenta~ Date Date c,""~ 196. r... 13362 "....,riQa/\ tt.., C'OlI! Fonn 6558 l"?oIil71 AGENDA REQUEST Date: Julv 14. 2006 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS x ITEM DESCRIPTION: William Quirk of 803 S. Flagler Avenue is requesting a Tree Permit to remove one (1) 40-inch Historic Live Oak Tree from his property. Background On July 6, 2006 Ed Northey, Volusia County Environmental Specialist, performed a routine permit inspection on the above-referenced tree. Upon inspecting the tree, Mr. Northey determined that it is Historical and in good condition. Mr. Northey requested that the applicant mitigate the removal of the Historic Oak Tree. Article V, Section 21-55.04, Historic Trees, ofthe City of Edgewater Land Development Code states that: "Pursuant to Section 50-71, Volusia County Code of Ordinances as amended, the following trees (Live Oak and Bald Cypress 36" in diameter at DBH) are designated as Historic Trees within the City: Historic Trees shall only be removed upon approval of a Tree Permit granted by the City Council." STAFF RECOMMENDATION Pursuant to Mr. Northey's e-mail transmittal (see attached) staff recommends approval of the Tree Permit with the condition that Mr. Quirk mitigate the removal by planting 16 oak trees measured two and one- half inches (2 Y2',) diameter six-inches (6") above the soil line, the replacement per Section 21- 55.03(b) of the Land Development Code (LDC). The alternative method would be payment to the City Tree Fund of$5.00 per square inch or the amount of $6,280.00. The combination of trees and payment to the fund is also permitted per the LDC. ACTION REQUESTED Motion to approve the Tree Permit for removal of one (1) 40-inch Historic Live Oak Tree with the condition that the requirements of Section 21-55.03(b) of the LDC are fulfilled. PREVIOUS AGENDA ITEM: YES NO x DATE: AGENDA ITEM NO. ~-9-.t_~-0;jL_~{ Robin Matusick Paralegal ~~~\.0~~~ ~' Jdn Williams \ Interim City Manager T 808 flagler - tree Dennis Fischer From: Sent: To: Subject: Edward Northey [enorthey@co.volusia.fl.us] Tuesday, July 11, 2006 2:30 PM Dfischer@cityofedgewater.org 803 S. Flager Ave. Dennis, The tree @ the address above is a historic. The tree is in good-shape. The tree is causing the slab to lift. There is already some splitting of the slab near the alc unit and is going (heading) into the house. Please call me if you have any question. Edward Northey Environmental Specialist I V.C.E.M. 1 , !;~'l;; <..~~~ '" i' ~;~ ~ ~ "~ .'"'~';'':'.~h.-''' " " /f" ~ A. ) "-,, ~", '~'. (,-,-" ,~-~ '\:- -~c~.=. ,,~!,. I /~(~. """::/" 1 . " A_._' . . "- .J ". CITY OF EDGEWATER Post Office Bo~ 100 "". Edgewater, FL 32132-01QO . (904) 424-2411, FAX (904) 424-2423 TREE REMOVAL PERMiT A~PLICATION Please Print OWNER .INFORMA TION: PERMIT NO.: . FEE: ($25.00 per acre or fractIon there of) Name: ~J i II i c; l',~ C:'\A,,- l Phone Nq.: '{) '''6 '.4,''','1''.<) '-1 ") '" " "". .". 'p-" Address: ~D 7) :",). j:-'\O:~'J\-:r .A-v*'_ '7:d'..-e t,t..{.'~-fer" 4{ .:?;~:'(3/7..- . ". " ,,J . CONTRACTOR INFORMATION: (If applicable) Contractor: . Address: " "'Phone No.: 'TREE REMOVAL INFORMATION: Site Address: '?)o" "~ .'5, r \VLC, \""... V' Number of trees 'to be removed:. . ,j I Number of trees retained: Reason'for remova,,:"r,:.~. c\.::<::",: " L....( . ---rT ~ "~:: (;: ~ ':."J I. i', ~ ~~A.'", ;[jr:; ". L (: -!~, (. "" . _ .J.. 0' ,It .t ' ,. Types: ij_\ 'IJE, C) c. k, . Types: . . , r . ~ . '~\i.:.' l.,\,~v,-,:;,_ . "_\~'(""'-' ,.c;; ,~.., i.' " r" ~'<_ ~ I ) . t t,~I........ 'S t. .- th.:-' '-(!'l~Cf"'l4 :. i,.l~'!1 ~'"'"r.-:~~ t.~. ,~, '.', {(~ f_.~:_~' "I' (1\,:.~~ -te,; WARNING TO OWNERS: CITY ORDINANCE 19-69 STA TES THA T "BUILDERS, BUILDING CONTRACTORS AND PRIVA T~L Y EMPLOYED TREE TRIMMERS AND TREE SURGF=ONS ,MUST REMOVE ALL_ TRASH AND DEBRIS FROM THE PREMISES UPON WHICH THEY ARE WORKING AT THEIR OWN EXPENSE WHICH SHALL INCLUDE LIMBS, TREE TRUNKS, ROOTS..." THEREFORE, THE CITY OF EDGEWA TI5R DEPARTMENT OF ENVIRONMENTAL SERVICES WILL NOT REMOVE ANY TREE DEBRIS LEFT BEHIND BY A LICENSED CONTRACTOR. . Owner's signature: Date: Contractor's signature:_ . . Date:_ Date Ofln~n::~ ~l, Inspector: ~ ______ ~ 9 JIJ~ l..f- d-t/I?..:- (~ M~_ 4-7u~4j'~, H:\tonya\forms\tree removal application 2000 LL I f {y- . ~ rT1ItCi(c)'SS '? .+-- ';S ,~: €.. ~ r' '0'" c:.. L-h. . CO~~ 10 ~~ ~ 0-/ ..;;;....,.....~ (f~-e.,,,") OFFICE USE ONLY Approved: Denied: ~ Approved with conditions: €' Q) I/) 8- ~ '!::: a: .: .~ .... ::J.-"'1 -J (.) a "'-1z S ~ ~i ~ t r\,.. r j ,,# ., . 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