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10-02-2006 o o Voting Order Councilwoman Rhodes Councilwoman Lichter Mayor Thomas Councilman Vincenzi Councilwoman Rogers AGENDA CITY COUNCIL OF EDGEW A TER REGULAR MEETING October 2, 2006 7:00 P.M. COMMUNITY CENTER We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCA nON 2. APPROVAL OF MINUTES - None at this time. 3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CER TIFICA TES/DONA nON A. Presentation by Donnadine Miller, Southeast Volusia Historical Society, thanking City Council for support in the development of a movie concerning the early Turnbull settlement. 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three "3" minutes or less. 5. CITY COUNCIL REPORTS 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Annexations: A. 2nd Reading, Ord. No. 2006-0-33, Mark Karet, agent for Edgewater Airpark, LLC, requesting annexation ofO.06::!: acres of property located at 1840 Airpark Road. Small Scale Comprehensive Plan Amendments: B. 2nd 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 Transition with Conservation Overlay, cont. from 9/11/06, item 61. C. 2nd 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, cont. from 9/11/06, item 6J. D. 2nd 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, cont. from 9/11/06, item 6K. o o City Council Agenda October 2, 2006 Page -2- 6. Public Hearings, Ordinances and Resolutions Cont. . Rezonings: E. 2nd 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), cont. from 9/11/06, item 6L. F. 2nd 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), cont. from 9/11/06, item 6M. G. 2nd 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), cont. from 9/11/06, item 6N. 7. BOARD APPOINTMENTS A. Police Pension Board - nomination by Mayor Thomas to fill a vacated seat due to the expired term of Malecia Williams, who seeks reappointment. 8. CONSENT AGENDA All matters listed under the consent agenda are considered to be routine by the City Council and will be acted upon by one motion. There will be no separate discussion of these items unless discussion is desired by a member of the Council, in which case the Mayor will remove that item from the consent agenda and such item will be considered separately. A. Utility Easement - staff recommending acceptance of a utility easement from Johnny and Joan Cox for the construction of a lift station located at the northeast comer of US 1 and Palm Breeze Drive. B. Declaration of Easements - staff recommending approval of easements for a turn around at the end of Driveway "A" to be known as Rowan Way located within ParkTowne Industrial Center. 9. OTHER BUSINESS A. Janitorial Services - staff recommending Notice to Award contract to G & G Complete Janitorial Services, Inc. for an amount not to exceed $32,232.00 a year and authorize the City Manager to execute the document. B. Goals for City Manager - for FY 2006/2007 to be set by City Council. C. Driveway "A" (Rowan Way) and Base Leg Drive - staff recommending to reject bids for both projects as they are no longer appropriate for the current scope of work approved by Council. 10. OFFICER REPORTS A. City Clerk B. City Attorney C. City Manager o o City Council Agenda October 2, 2006 Page -3- 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items 12. ADJOURN. Note: All items for inclusion on the November 6, 2006, agenda must be received by the City Manager's office no later than 12:00 pm, Thursday, October 26, 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. Jfyou are hearing or voice impaired, contact the relay operator at 1-800-955-8771. 1:\1 iz_ docs\agendas\ 1 00206reg AGENDA REQUEST Date: September 21. 2006 PUBLIC HEARING October 2. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd Reading - Ordinance No. 2006-0-33 Mark Karet, requesting annexation of .60:1: acres of land located at 1840 Air Park Road. OWNER: Edgewater Airpark, LLC APPLICANT/AGENT: Mark Karet REQUESTED ACTION: Annexation PROPOSED USE: Professional Office LOCATION: 1840 Air Park Road (Northwest corner of Air Park Road and S.R. 442) AREA: .60:1: acres CURRENT LAND USE: Single-Family Residence FLUM DESIGNATION: Volusia County - Urban Low Intensity ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use FLUM Desil:mation Zoning' District North Vacant Volusia County- Urban Low Volusia County - A-3 Intensity and Environmental (Transitional Agriculture) and Systems Corridor RC (Resource Corridor) East Vacant Volusia County- Urban Low Volusia County - A-3 Intensity (Transitional Ag'riculture) South Single Family Volusia County- Urban Low Volusia County - A-3 Residential Intensity (Transi tional Ag'riculture) West Single Family Low Density Residential with Volusia County - A-3 Residential Conservation Overlav (Transitional Agriculture) Background This property is located on the northwest corner of S.R. 442 and Air Park Road. This site was previously utilized as a single-family residence and is currently vacant. The applicant is proposing to redevelop the structure and property as a professional office. At their regular meeting of September 13, 2006, the Planning and Zoning Board voted 6-0 to send a favorable recommendation to City Council for the annexation request. AN-0604 - Karel Land Use Compatibility A commercial designation on this property is the most appropriate use due to the location and frontage along S.R. 442 and Air Park Road. The southwest corner of this intersection is the site of the future middle school. Adequate Public Facilities The site has access to S.R. 442 via Air Park Road. City water is currently provided on-site; however sewer is not available and the site is served by septic tank, which will remain until such time as City sewer is available. Natural Environment The site was originally developed in 1993 as a single-family residence in unincorporated Volusia County. Soils found on-site include Immokalee sand and the vegetation found on-site is minimal due to previous development. Comprehensive Plan Consistency The Comprehensive Plan does not specifically address the annexation of contiguous property. Other Matters A Future Land Use and Zoning Map amendment will also be presented for this property. The applicant shall be required to submit a site-plan for review. The property will be required to come into compliance with all Florida Building Code regulations for commercial property, as well as all requirements set forth in Article V (Site Design Criteria) and Article XVIII (Indian River Boulevard - S.R. 442 Corridor Design Regulations) of the Land Development Code. Required improvements shall include, but not be limited to, parking, landscaping and buffering of the adjacent residential property. STAFF RECOMMENDATION Staffrecommends approving Ordinance No. 2006-0-33; annexing .60~ acres ofland located at 1840 Air Park Road. ACTION REQUESTED Motion to approve Ordinance No. 2006-0-33. PREVIOUS AGENDA ITEM: YES X NO DATE: September 25. 2006 AGENDA ITEM NO. 6C ~rYY'-i'I~b Robin Matusick Paralegal ~C~:Q~~~~"T- J c. WIllIams \ City Manager AN-0604 - Karel 2 ORDINANCE NO. 2006-0-33 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY LOCATED AT 1840 AIR PARK ROAD, VOLUSIA COUNTY, INTO THE CITY OF EDGEW A TER, FLORIDA; SUBJECT TO THE JURISDICTION, OBLIGATIONS, BENEFITS AND PRIVILEGES OF THE MUNICIPALITY; AMENDING THE DESCRIPTION OF THE CITY OF EDGEW A TER CORPORA TE LIMITS; PROVIDING FOR FILING WITH THE CLERK OF THE CIRCUIT COURT, VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY APPRAISER AND THE DEPARTMENT OF STATE; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. Edgewater Airpark, LLC, owner hereby authorizes Mark Karet of Zev Cohen & Associates, Inc. to act as agent/applicant for annexation of property located at 1840 Air Park Road, within Volusia County, Florida. Subject property contains approximately 0.60.:!:: 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 2 of the City of Edgewater are hereby designated to include the property described herein. 5. During the Planning and Zoning Board meeting on September 13, 2006, the Board recommended by a vote of 6 to 0 that the property be annexed into the City of Edgewater. Stl tick tIll Otlgh passages are deleted. Underlined passages are added. 2006-0-33 NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida: PART A. ANNEXATION OF CERTAIN REAL PROPERTY INTO THE CITY OF EDGEW A TER, FLORIDA. 1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida, and shall be subject to the jurisdiction, obligations, benefits and privileges of the municipality. 2. The boundaries of the City of Edge water are hereby redefined to include the property described herein and depicted in the map identified as Exhibit "B". 3. Pursuantto Section 2.01 of the Charter of the City of Edgewater, Florida, that certain document entitled "Description of City of Edgewater Corporate Limits" shall be amended accordingly. 4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia County Manager, the Mapping Division of the V olusia County Growth Management Department, and the Department of State. PART B. CONFLICTING PROVISIONS. All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. Stl tlck till otl~h passages are deleted. Underlined passages are added. 2006-0-33 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. PART F. ADOPTION. After Motion to approve by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on the first reading of this ordinance held on September 25,2006, was as follows: AYE NAY Mayor Mike Thomas x Councilwoman Debra J. Rogers x Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x After Motion to approve by and Second by Stll1ck tl.lol1gl. passages are deleted. Underlined passages are added. 2006-0-33 3 , the vote on the second reading/public hearing of this ordinance held on October 2, 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 2nd day of October, 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 2nd day of October, 2006 under Agenda Item No. 6 EXHIBIT" A" Sit uck t1l1ou~h passages are deleted. Underlined passages are added. 2006-0-33 4 LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. PARCEL 0: The Southerly 31.77 feet of that part of Lot 261, lying Westerly of Air Park Road, a 50 foot right-of- way as now laid out and described per Official Records Book 2141, Page 1168, Public Records of Volusia County, Florida, and that part of Lot 262, lying Westerly of Air Park Road and that part of Lot 263, lying Westerly of said Air Park Road and Northerly of State Road No. 442, a 120 foot right- of-way as now laid out, Assessor's Subdivision of the Samuel Betts Grant as shown on map in Map Book 3, Page 153, Public Records of V olusia County, Florida, and being more particularly described as follows: Commence at the Northwest corner of Lot 227, said Assessor's Subdivision of Samuel Betts Grant, thence South 21 006'40" East along the Westerly line of said Lot 227, and its Southerly extension thereof, a distance of993 feet for the Point of Beginning; thence North 69038'30" East a distance of 159.02 feet to a point on the Westerly right-of-way line of said Air Park Road; thence South 14004'29" West along said Westerly right-of-way line a distance of 173.30 feet to the Northerly line of said State Road No. 442; thence South 68050'55" West along said Northerly right-of-way, a distance of 137.86 feet to the Westerly line of said Lot 263; thence North 21006'40" West along the Westerly line of said Lot 261,262, and 263, a distance 174.19 feet to the Point of Beginning. Containing 0.60 i: acres more or less. Stt tlGk tluotl~11 passages are deleted. Underlined passages are added. 2006-0-33 5 AGENDA REQUEST Date: September 22. 2006 PUBLIC HEARING October 2. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd 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 City Council voted to approve the amendment at first reading on July 24,2006. 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 Pm::k 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 of land in the vicinity to existing subdivisions (exempt or approved under Volusia County Ordinance 72-2 or 83-3, as amended, at the time of the effective date of this Comprehensive Plan) with lot sizes from 1 unit per acre to 1 unit per 5 acres or is immediately adjacent to an urban category to allow for a transition between the urban uses and large lot development (greater than 5 acre lot sizes) may be developed with similar lot sizes but not less than one acre. Only that portion of a parcel(s) that is within 660 feet from the above described existing exempt or approved subdivision or urban category boundary is considered "in the vicinity." Note: If a parcel that is "in the vicinity" is covered by more than 50% of the 660 feet extension, then the remaining portion of that parcel which is 10 acres or less is eligible for increased density. 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 ofland that do not meet the preceding criteria or are in areas which have not been previously platted with lots less than 5 acres in size shall only be developed with lot sizes that are 5 acres or greater. Rural areas provide two functions, the first being a transitional use between the agricultural and urban uses and the second would be a rural community which serves as the economic focal point of a small region. Rural areas should be developed in a manner consistent with the retention of agriculture and the protection of environmentally sensitive areas. Strict limitation of development in rural areas contributes to the efficient growth and operation of public services and facilities, thus ensuring the most effective use of public resources. The natural features and constraints will be the primary determinants in deciding whether or not an area is suitable for rural type development. There are three subcategories of the rural designation that address past development decisions. These subcategories are Rural Community, Rural Recreational, and Rural Village. They are identified on the Special Rural Areas Map Series. These areas of intense or potentially intense development provide the mixed use concept to the rural areas. They help limit urban sprawl by providing services not necessarily found in remote rural areas thus reducing the number of trips out of these rural areas. Also allowing some limited urban type of development may help promote economic growth in the rural areas as well. Citv of Ede-ewater 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. CPA-0607 - Shore 2 Citv of Ede-ewater Conservation Overlav - The Conservation Overlay area shown on the Future Land Use Map (FLUM) is intended to protect areas that may potentially contain protected wildlife habitat areas, hydric soils/wetlands, mangrove swamps, estuarine marsh ecotone, freshwater marshes, special vegetative communities. Included within the Conservation Overlay definition are areas within a public water well radius of 500 feet, within the 100-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 H: 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: Julv 24.2006 AGENDA ITEM NO. 6B ~~-{~lCA< Robin Matusick ~ Paralegal ~c.-.c.'~~~~o' J,pn C. Williams \ City Manager CPA-0607 - Shore 3 ORDINANCE NO. 2006-0-20 AN ORDINANCE OF THE CITY OF EDGEW A TER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003-0-04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY 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 1.0.:!: 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 Stltlck t1.1otlgh 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 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 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 Strtlck till ongl. 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 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. PART H. ADOPTION. After Motion for approval by Councilwoman Rhodes and Second by Councilwoman Lichter, 2006-0-20 StI tick till otlgh 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 x Councilman Debra Jean Rogers ABSENT Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x On September 11,2006 a motion to approve continuance of second reading until the October 2, 2006 City Council meeting was made by Councilwoman Rhodes and Second by Councilman Vincenzi, motion carried 5-0. 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 Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 2006-0-20 Stltlck through passages are deleted. Underlined passages are added. 4 PASSED AND DULY ADOPTED this 2nd day of October, 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 tlck t1.Iotlgh 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 2nd day of October, 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 V olusia County, Florida. Containing 1.0 :!: acres more or less. 2006-0-20 Stl tick till otlgh passages are deleted. Underlined passages are added. 6 f!! ~ <Iz en i? Q) 2- ~ 0: . E ..... :::i as .0 :0- ~I ~1Jl ~~ G~ V": r:,>(>. ~ Ww .. ~ ~c c.2 ~ .."" .. .. 'l:J" "C .-t. J~ ~ ~~ iij c. l!l!:iii!li III c!l&!:::;)'C.~ :D::!: =~q 1;j CD ~C~lio ~ III .Il .....:l:l_UU CIl::;)E~ Cl'tl :J~ 'tl I: ~ 'i ~,jU ii~ o ! ~ ~:2 ~ = ~~i O.r ~~~ li~b!!! H~l~c!l 1ili':Qc!l~ ijj~rl -=- b b! ~i -t- ] ~ !i _ c c ~€€ c. II: ::;) ::;) ~~ m~&l I: CD ::l.!Z.1l ~ 0.... E S o 'tl :J III I: ~ iii,j U ';: .2 CD ~ ~ ~~~ it! c:!! :; -~ €.g u.. II::;) Il. 'it: t ~i!ii~l~ ij~~i~~ lfilIIIOI 'tl . CD I [I I ~ I _I AGENDA REQUEST Date: September 22. 2006 PUBLIC HEARING October 2. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd 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 Designation Zoninl!' District North Vacant Commercial B-3 (Hil!'hwav Commercial) East Vacant Commercial B-3 (Hig-hwav Commercial) South Office Building Commercial B-3 (Hig-hwav 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. City Council approved the amendment at first reading on July 24, 2006. 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 X NO DATE: Julv 24.2006 AGENDA ITEM NO. 6e ~'J~~ Robin Matusick Paralegal ~C_'-0~"'. ., J n C. Williams \ ^ City Manager ~ V CPA-0608 - Hole 2 ORDINANCE NO. 2006-0-22 AN ORDINANCE OF THE CITY OF EDGEW A TER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003-0-04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM CITY LOW DENSITY RESIDENTIAL TO CITY COMMERCIAL FOR PROPERTY LOCATED EAST OF 1140AKRIDGEA 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. 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 StI nck tIll ongh passages are deleted. Underlined passages are added. 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 ofthe 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). 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 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 tl1l01:lgh 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(I)(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. PARTG. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. 2006-0-22 StItlck tluougl. passages are deleted. Underlined passages are added. 3 PART H. ADOPTION. After Motion for approval by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on the first reading of this ordinance held on July 24,2006 is as follows: AYE NAY Mayor Mike Thomas x Councilman Debra Jean Rogers ABSENT Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x On September 11,2006 a motion to approve continuance of second reading until the October 2,2006 City Council meeting was made by Councilwoman Rhodes and Second by Councilman Vincenzi, motion carried 5-0. 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 Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 2006-0-22 Stl tick till otlgh passages are deleted. Underlined passages are added. 4 PASSED AND DULY ADOPTED this 2nd day of October, 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 thIOtlgh passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEWATER, 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 2nd day of October, 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 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 ! acres more or less. 2006-0-22 StI tick tIll otlg,h passages are deleted. Underlined passages are added. 6 ~ f 2: ~ g. ~ <Iz~ ~ ~ ~i ':> 0.. m )( en' - 5' ce 1 I~_ ~ fi~~f~ _:r_~n::l. Cc[X:Gln 3ft1C1i<llIc C;IIlIll~~ 1Il-3e.~" ;-<,,-0 III - ::a "U ~ -<'mc " li~ S Q i~ ~CD~~ a !!. <.. 0 i>> (') r-.... _ . ;:;: AI m ~'< :::70. ~ C Q,(g (') (') _ 3 c: CD go &,!b'b' ~ en ~ Ul3ci~~ CD!. ~js:c:lri' 3:~ !!LC:;e.UI~~ .! er i>> Ill!. !. ... ~- -<'.:< ~ ~f ~ ;!. .J... III _Q. T '< _CD era ~e - -a o ~ o en CD Q. AGENDA REQUEST Date: September 22. 2006 PUBLI C HEARING October 2. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd 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 Designation Zoning District North Single Family Low Density Residential R - 3 (Single- Family Residential) Residential East Office Building Commercial B-3 (Highwav 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. City council voted to approve the amendment at first reading on July 24, 2006. 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 Density Residential- (8.1 to 12 units per gross acre) This residential category typically includes townhouses and multi-family housing at densities between eight (8) and twelve (12) acres. 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 Density Residential- (1.1 to 5 units per gross acre) This residential category is typically a suburban area dominated by detached single-family homes on quarter-acre lots. This is the predominant land use within the City. Other Matters There are no other known matters associated with this site. 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 X NO DATE: July 24.2006 AGENDA ITEM NO. 6D ~~~-L<"~C~ Robin Matusick Paralegal ~. ~.\.u~~~ - Jkc. Williams \ r 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 AVENUE, 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. Dana and Marcia Cornelius, owners/applicants for property located south of 114 Oak Ridge Avenue, Edgewater, Florida. Subject property contains approximately 0.38:1: 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 Stltlck t1dotlgl. 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 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 ofEdgewater, Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be, and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Low Density Residential for property described in the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit "8" (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 till otlgh 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 163.3 1 87(l)(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 Stl tick till 0tI~11 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 Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on July 24, 2006 is as follows: AYE NAY Mayor Mike Thomas x Councilman Debra Jean Rogers ABSENT Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x On September 11,2006 a motion to approve continuance of second reading until the October 2, 2006 City Council meeting was made by Councilwoman Rhodes and Second by Councilman Vincenzi, motion carried 5-0. 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 Councilman Debra Jean Rogers Councilman Dennis Vincenzi Councilwoman Harriet B. Rhodes Councilwoman Judy Lichter 2006-0-24 Stltlck t1l1otlgl. passages are deleted. Underlined passages are added. 4 PASSED AND DULY ADOPTED this 2nd day of October, 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 StItlck t1ilotlgl. passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEWATER, 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 2nd day of October, 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. PARCEL#l- 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 V olusia County, Florida, all being more particularly described as follows: Commence at the Southeast corner 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 2: 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 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 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 2: acres more or less. Total area 0.38 2: acres more or less. 2006-0-24 StItlck t111otlgl. passages are deleted. Underlined passages are added. 6 Q) o J: - 1II .~ Qj C I- o (,) €' Q) CJ) g. ,.... is: .E ..... <Iz ~ ~ ~I ? 0.. AGENDA REQUEST Date: September 22. 2006 PUBLIC HEARING October 2. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd 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: 1:l:: 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 Overlav 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 City Council voted to approve the amendment at first reading on July 24, 2006. 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 111-1 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:l: acre of land located at 1008 Flying M Court as RT (Rural Transitional). ACTION REQUESTED Motion to approve Ordinance No. 2006-0-21. PREVIOUS AGENDA ITEM: YES X NO DATE: Julv 24.2006 AGENDA ITEM NO. 6E C9\-h . n--(du;jq Robin rJatusick Paralegal C~'rl(\' ~" ~. ~~ on C. Williams Jr- ity Manager \ V RZ-0605 - Shore 2 ORDINANCE NO. 2006-0-21 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL) FOR PROPERTY LOCATED 1008 FLYING M COURT, EDGEW A TER, FLORIDAj AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATERj PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITYj 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 In 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 II, 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 StI nGk till ongh passages are deleted. Underlined passages are added. 2006-0-21 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. StlllGk t1uotlgl. passages are deleted. Underlined passages are added. 2006-0-21 2 Containing 1.0 :!: 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 EDGEWATER, 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. PARTD. 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. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. StlOGk tllIon~h passages are deleted. Underlined passages are added. 2006-0-21 3 PART G. ADOPTION. After Motion to approve by Councilwoman Rhodes and Second by Councilman Vincenzi, the vote on the first reading of this ordinance held on July 24, 2006 is as follows: AYE NAY Mayor Mike Thomas x Councilman Debra Jean Rogers ABSENT Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x On September 11,2006 a motion to approve continuance of second reading until the October 2, 2006 City Council meeting was made by Councilwoman Rhodes and Second by Councilman Vincenzi, motion carried 5-0. 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 Stll1Gk tluotlgh passages are deleted. Underlined passages are added. 2006-0-21 4 PASSED AND DULY ADOPTED this 2nd day of October, 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 Stltlck t1uongh passages are deleted. Underlined passages are added. 2006-0-21 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 2nd day of October, 2006 under Agenda Item No. 6 5 CI) ... ~ <lz en e <Il 2- ~ 0:: :E .... ::J ~ .c :0- ~i ~1Jl ~T- G~ '" tOy.. ~w AGENDA REQUEST Date: September 21. 2006 PUBLI C HEARING October 2. 2006 RESOLUTION ORDINANCE X CONSENT OTHER BUSINESS BOARD APPOINTMENT ITEM DESCRIPTION: 2nd 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 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 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. City Council voted to approve the amendment at first reading on July 24,2006. 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 X NO DATE: Julv 24.2006 AGENDA ITEM NO. 6C ~--=..r~.-ot-1-~ Robin M;tusick Paralegal C' -.: \\~. :v., f' ~ .'--'-..)~~ . n C. Williams \ ty Manager 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 0.17i 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 Stll1Gk till oogl. 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 Stltl,k till ougl. 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 A venue, 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 .:.t 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 EDGEWATER, 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. Stl\1Gk t1uotlgh passages are deleted. Underlined passages are added. 2006-0-23 3 PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Vol usia County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on July 24,2006 is as follows: / AYE NAY Mayor Mike Thomas x Councilman Debra Jean Rogers ABSENT Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x On September 11,2006 a motion to approve continuance of second reading until the October 2, 2006 City Council meeting was made by Councilwoman Rhodes and Second by Councilman Vincenzi, motion carried 5-0. StInGk t1uol1gl. 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 2nd day of October, 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 2nd day of October, 2006 under Agenda Item No. 6 Stll1ck till OI1~h passages are deleted. Underlined passages are added. 2006-0-23 5 Q) € '0 Q) _::I: !1 g. II) . cl:: .~ <I .~ 13 Q) z ~ .~ s ~i ';::J 0.. AGENDA REQUEST Date: September 22. 2006 PUBLIC HEARING October 2. 2006 RESOLUTION ORDINANCE X BOARD APPOINTMENT CONSENT OTHER BUSINESS ITEM DESCRIPTION: 2nd 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 (Highwav 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 City Council voted to approve the amendment at first reading on July 24,2006. 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-3 (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 X NO DATE: Julv 24.2006 AGENDA ITEM NO. 6G Respectfully Submitted By: Darren Lear Development Se vices Director Robin Matusick Paralegal c.1 ,'(\C\' "'\" ~ . "-'--' ~~ J n C. Williams ^ City Manager \j 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, FLORIDAj AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TERj PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITYj 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::!:: 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 t1i1otlgh 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) . StltlGk tlllougl. 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 corner 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 Volusia 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 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 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. # I 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 of 75.00 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. Stltlck t1l1ongh 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. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. Stl nGk tlllon~l, passages are deleted. Underlined passages are added. 2006-0-25 4 PART G. 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 24,2006 is as follows: AYE NAY Mayor Mike Thomas x Councilman Debra Jean Rogers ABSENT Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x On September 11,2006 a motion to approve continuance of second reading until the October 2, 2006 City Council meeting was made by Councilwoman Rhodes and Second by Councilman Vincenzi, motion carried 5-0. 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 StlltGk till oltgl. passages are deleted. Underlined passages are added. 2006-0-25 5 PASSED AND DULY ADOPTED this 2nd day of October, 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 Stltlck till otlgh 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 2nd day of October, 2006 under Agenda Item No. 6 6 Q) € '0 Q) ::I: lI) g. - ~ a: l/) .~ . <Iz "- t5 ......I Gi P ~ t: ~i L- 0 (J ? 0. Agenda Request Date: PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT X CONSENT OTHER BUSINESS ITEM DESCRIPTION: Police Pension Plan, Board of Trustees consists of five members. Two citizens picked by city council, two police officers picked by their peers and one picked by the aforementioned four trustees. BACKGROUND: Board positions are for two- year terms. The term for one of the Trustee positions became vacant due to the expiration of the two year term. BOARD RECOMMENDATION: Re-appoint Melicia Williams to another two-year term. ACTION REQUESTED: Appoint Edgewater Citizen to Edgewater Police Pension Plan, Board Of Trustees. FINANCIAL IMP ACT: None 09-23-05P03:33 RCVD THE CITYO()?]?OE!J})6E'WATER POST OFFICE BOX 1 OO-EDGEWATER, FLORIDA 32132-0100 NAME APPLICATION FOR APPOINTMENT TO CITY BOARDS OR COMMITTEES, (;7: nE~J1)I,Jc7cJ/fJ ADDRESS /,;( / ;/; K' ~ I Al/4 sj HOME PHONE 1~7-/Y7-5 ~~ PHONE .38'~ ~~ S>-9~ .R (..8"0 OCCUPATION 7/;..x C6nJsu/...'uJlFT Are you a resident of Edgewater Ves How long ,;(9 \/.RS / I Is your principal place of employment in Edgewater? ~~ if yes how long? ' C> V /Z , Briefly state your interest in serving on a City board or / committee: /lei/f)}. 70 .:5e;;;V<F 71/E c/ -r v /, /lG/7/d I . State your experience/qualifications, fA n,t( C (-Lv' . Coa tilt I L /J1 c: ;r,,6 F''<- (" .' Are you a registered voter? '( ~..s . Are you employed by the City?~DO you hold public office? 10 r. At, the present time, do you serve on any other Boards or committees? If so, list each: I f so, (BOARD AND COMMITTEE MEMBERS MAY BE, REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS. EACH YEAR) PLEASE INDICATE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING, TO CHOICE BY NUMBER ~ AN;MALCONTROL BOARD _____CITIZEN CODE ENFORCEMENT BOARD _____CONSTRUCTION REGULATION BOARD _____ECONOMIC DEVELOPMENT BOARD _____GENERAL EMPLOYEES PENSION BOARD _____LIBI\ARY BOARD _____RECREATION & CULTURAL SERVICES P & ZONING BOARD ~POLIC~ENSION BOARD _____VETERANS PARK ADV. COMMITTEE DATE: 10-03) ~I /tJS I / ~' ... " ... 10-20-05A08:00 RCVD AP LICATION FOR APPOINTMENT TO CIT~, BOARDS, AGENCIES OR COMMITTEES NAME ADDRESS BUSINESS PHONE 12i'6 b~9 ~84o b ""'''-C~ Edgewater ~ How long Is your Briefly state committee: T ~~\ you a r;egiste ed'''vot'er? "~Vb {,' t} f! ..rk?>: i~ ....,~J "'~1?i~j""" t1fi i, ,;:i,f '~', -,$0. ";}'f~" 1_" -', ~'. Are y,9u e~p:lpy.~d y the?"'Cii:y?;~t~~Q~ . you hold ,'p6blic' office? No . ~~ I ,ti{ ~. ~?~.\:'} ',~ }"'j ),F.".~:>i'~/ ,:/..': At t~~.: 'Pfe.\'l.t~~,xr~~, e'~.r,dFd''{.o:~~.~:3'~i~~;(~.~.y.~~~~."~y...,,,g}~.~. ,~~~;&?.:.~.E9~" l\,.gencies, or comml. t tees'?"~'IQO""" f'J'so'L;Il.sti"\each.:-;""."~"~'~"""';-""""'''''''Il""'1".'-<"'"" ,,', , {'i" " "'<.,"""_" .~ \ ~~ '\. < Have you, ever ser e ,j' " y,!'boards, If so, fist e~ch,i' Q!l'r:;-~ili~:"'"',i '\ ":~.~~J '"\ N <2- :"4:." '\\J ., -. .~~,WJ'j;;:i/~~ ~'.-i' .'-~ ....~.'tr ,,~_, ....~.....)t-.,.-. ....,..........".... _..:.\.,,_.... .~,~""r_r~.'.""~,..~/.... ..,..,~, ~ ~;J' .... ~.~ c~mmittees? M.' n:-e~ . (BOARD, AGENCY "CC>MMITTEE ~E~ 'l1AY'4BE)U:QUIRED TO FILE WITH THE STATE, FINANC AL DISCLOSUREFORMS'~CH-YEAR) PLEAS INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER _____GENERAL EMPLOYEES PENSION BOARD ~ANIMAL CONTROL B _____CITIZEN CODE ~CONSTRUCTION _____ECONOMI C.. DEVELOP . .&FI~~rG <t _____LIBRARy BOARD BOARD _____RECREATION & CULTURAL SERVICES _____PLANNING & ZONING BOARD '~POLICE PENSION BOARD . . illvETE~S ~ARK ADV.. 'COMMITTEE DATE:~ 1'1" ~ oS- AGENCIES AND COMMITTEES* (REV 1-02) BOARD BOAR~ ~\--,-,(\ .. SEE THE CITY OF EDGE WATER POST OFFICE BOX 100-EDGE2fB?lr~R...fWRfDA'.32132-0100 . . fliI 2: 07, J APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME ~tll1;Q.. L 5' ~ I)' L P, fJ fYI~ tl ADDRESS I 7 ) q U Ie.. TCJ (ty jJ J1 L P1 1212-. BUSINESS PHONE (p 9 o~ t. L/ 0 '/ HOME PHONE 'I Q.,3 . g'R' 7 .3 ()!:CTJP.~TION_..s-1:9. J.... J:S In A W M- 6- 6Y2- Are you a resident of Edgewatery G; Ci How long ~ 111 tI'1.VI-. J Is your principal place of employment in Edgewater? f\.) (> if yes how long? Briefly state your interest in serving on a City board, agency or committee: r ;::'.:--c L )C}-S .KJ /Le.f:. IJfi~;1)7- OP 13J..c..:"'/j"u,'/1{"('i-L .r UdL^.:Ld 1-1/<<-' 70 SC INl/oJ.ve-d ;1'\) I r>';' ftLDG-rt.~-s:.S \ State your experience/qualifications :r: j..} &v' ( &..ee.v L<.),Y,I...!l i /"-/;- ~ ) \-U r3 IA $. i YLJ <:. S s ~eA. Gv e..1... 4-D j It( Z; JJ e 11- 1- /.J.I i fh iYl'" >V' 'I p'~ K. S;, t.' ,,;,1 Z , r / c:-. ~; e.14 g.,e I' Are you employed by the Ci ty?~Do you hold public office? /i,};) At the present time, do you serve on any other Boards, Agencies, or committees? N/) If so, list each: Have you ever served on any boards, agencies, or committees? If so, list each: I\.JO (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STA~E, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER _____GENERAL EMPLOYEES PENSION 80ARD ~- 07-19-05A08:27 RCVD THE CITY OF EDGE WATER POST OFFICE BOX 100-EDGEWATER,'FLORIDA 32132-0100 APPLICATION FOR APPOINTMENT TO CITY BOARDS OR COMMITTEES, NAME ;:r;:; J1) fI/ }:- :DeL /I }J (:;:;e V . ADDRESS J31c ? /) 77ihJ /lA /IUJ)J) R.. HOME PHONE J/:J. ~ - t) I. 'J. '3 BUSINESS PHONE OCCUPATION (!i~ Are you a resident of Edgewater Ye~ How long /I/~ i'l <IL- I , , Is your principal place of employment in Edgewater? if yes how long? Bri~fly state your interest in serving on a City board or .. committee: /jl9t/~ //t/71~~r //IJ C.I/i! State ypur experience/qualifications -'Bu~lnJI!-~.t; dw/Vt:L . ' Are you a registered voter? y~~ Are you employed by the City?~Do you hold publicoffice?AVD At the present time, do you serve on any other Boards or coinmittees? nIl) If so, list each: Have you ever served on any boards, agencies, or committees? list each:' -Pl':/I/t:.e. -PeP.6oA-lLD If so, (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING. TO CHOICE BY NUMBER _____ANIMAL CONTROL BOARD _____CITIZEN CODE ENFORCEMENT BOARD _____CONSTRUCTION REGULATION BOARD _____ECONOMIC DEVELOPMENT BOARD _____FIREFIGHTERS PENSION BOARD ~GENERAL EMPLOYEES PENSION BOARD _____LIBl\ARY BOARD _____RECREATION & CULTURAL SERVICES _____PLANNING & ZONING BOARD ~POLICE PENSION BOARD _____VETERANS PARK ADV. COMMITTEE DATE: (2-10-03) 7 /;?/ti6~ I I APPLICATION FOR APPOINTMENT TO CITY BOARDS, AGENCIES OR COMMITTEES NAME~ (1,...("\ c.... ; 5 GO ~. '\:); 0... -z... TI ( ~ -PO ~oK "'(.......1""'3. fJe....J Sr-t.trY'''') PI -:3c.1fO ADDRESS I "3-z..~ T,o.vele~s '?~IY"1- Orl GJc:redcz D:='r I r I Are you a resident of Edgewater Y (' "j long ,..7 LfeQCs Is your principal place of employment in Edgewater? ~ 0 if yes how long? Briefly state your interest in serving on a City board, agency or committee: -r; o~r a.. HOME PHONE 41.:>....05" BUSINESS PHONE 3-06 - <g4f.. - jlj. / b OCCUPATION .5cu~e- "8 ~ L .-.....J ~ o. 5'"2 I;' ~ ~ 0-. ~ :9' .1IW1 .. . "~':"'OI How :os ci \J e. 0 V" - t"er fOUlf j"'d . - co,-..~ d-...-1 e.coytoyM'c yOV/.^J:, 7erSo t'f "5 ho.."c."'t't ~\ Stateyourexperience/qualifications '20DI Ma.;/1 '~Vld P-i5,^ ~cloa / Cr.:;..~JC~) l)6c.-c:.. J11c~JOI';"'~ '1/1 (Dyf'tf,)~c:c.:(/1(o{' o-",J :CV\~r~-clo'" ';C/"I^D 105 l[, ,'Vl-€..Y\IIl".er 'VolV'?~c.. Cov".t:Lf j)evwacra.~i,- 6'f.c.CubV< (t>'V"'I'V1;-tc-~e. Are you a registered voter? Y(fU; Are you employed by the City? ,-.J 0 Do you hold public office? .-J 0 At the present time, do you serve on any other Boards, Agencies, or committees? 'It!!5" If so, list each: V<o(~;a.. lJep'oc.(4,kk. G-i.€~u--t7 J ( (DrVlff' ;-tc-e~ AA a+= Have you ever served on any boards, agencies, or committees? NOlt so, list each: (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER 1-ANIMAL CONTROL BOARD ~CITIZEN CODE ENFORCEMENT BOARD ~CONSTRUCTION REGULATION BOARD '/-ECONOMIC DEVELOPMENT BOARD LFIREFIGHTERS PENSION BOARD I ~GENERAL EMPLOYEES PENSION BOARD "Z-UBRARY BOARD tRECREATION & CULTURAL SERVICES Z-PLANNING & ZONING BOARD '-LPOLlCE PENSION BOARD b VETERANS PARK ADV. COMMITTEE ;L -/ b- ()..)-- --Vi:P.:;-:r;:;~ ~ -I ~ -OJ- -o/i--?- APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMITTEES 03-20-06Ar9:35 FILE Name~/~ 5or~ Address l q'/ 6 --:T~ I f Or }) YI e:- dSe uc..M....- Home Phone -~ Err:; .-Lf 2 &- ~ /4. ';C Business Phone Occupation \J V (! ,?~(b() I : fe~ Of/" \ . . ,.- '? f--Ic~",> :2 I Cf I /' Are you a registered voter? 'f t2 5 Are you a resident of Edgewater? 'f c? -5 Is your principal place of employment in Edgewater? If yes how long? :2 \/ (5 ( Briefly state your interest in serving on a City board or committee: -=/0 ~ 0-1 P W rfA. +).,e Ct 0- f me: I J? 0 P ~ (c.. -J / ~ t; .-r>' I State your experience/qualifications t ~. V"'\ ?1 17 (J -1-0 ( ,i 0.-Q,.-- c.\... h. C. I {- ("" -e ( 'r \,.-, (A \) e c:,,tJ I VI. e- C"ir ~ y"<=? f1L' P \AJ / -/t-. VI. -I^ ~ j/V'\..Cc 15 Are you employed by the City?~Do you hold public office? At the present time, do you serve on any other Boards or committees? J1 'D If so, list each: Have you ever served on any boards or committees? I" 0 If so, list each: (BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR) PLEASE INDICATE THE BOARDS OR COMMITTEES YOU WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER 1/.. ANIMAL CONTROL BOARD ~GENERAL EMPLOYEES PENSION BOARD ~CITIZEN CODE ENFORCEMENT BOARD 2 LIBRARY BOARD .:iCONSTRUCTION REGULATION BOARD ~RECREATION & CULTURAL SERVICES It--ECONOMIC DEVELOPMENT BOARD ~PLANNING & ZONING BOARD ~FIREFIGHTERS PENSION BOARD ~fQ!JkE:eEb[SIQ~-Bf)ARDJ .LL VETERANS PARK ADV. COMMITTEE Sign'hMdJp~ ~ (REVISED (2-10-04) Date S-I 7- 6 b AGENDA REQUEST Date: 9/20/06 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT xx OTIffiR BUSINESS ITEM DESCRIPTION: Utility Easement (Cox Lift Station Site) U.S. Highway No. I and Palm Breeze Drive BACKGROUND: Site Plan 0501 is for a professional office building to be located at the NE Comer of U.S. Highway NO.1 and Palm Breeze Drive. As part of the site development requirements, a sewer lift station is being constructed to handle wastewater flows from the site as well as future flows from the commercial lot on the southeast comer of U.S. Highway NO.1 and Palm Breeze Drive. Staff required a dedicated easement to be able to operate and maintain this lift station and corresponding force main. STAFF RECOMMENDATION: Staff recommends accepting the easement from the property owners for the project (SP0501) Johnny D. Cox and Joan M. Cox, so the easement can be legally recorded to the City of Edgewater. ACTION REQUESTED: A motion to accept the Utility Easement for Site Plan 0501 for legal recordation by the City. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO DATE: AGENDA ITEM NO. Respectfully submitted, ~~\\.~\~,~ Department ector Gc -~. \. . . b", ..' N?'A\: Robin Matusick, Paralegal C:\MyDocimellts\TerrysFiles\AgendaRequest CITY OF EDGEW A TER PLANNING DEPARTMENT 139 E. P ARK AVENUE P.O. BOX 100 Edgewater FL 32132-0100 (386) 424-2412 (3R6) 424-2439 - FAX LETTER OF TRANSMITTAL TO: Utilities (Terry) DA TE: September 15. 2006 RE: SP 050 I - NW Comer Palm Breeze - Easement WE ARE SENDING YOU 0 Attached 0 Under separate cover via. the following items: o LETTER(S) o PRINT(S) o REPORT(S) 0' DOCUMENT(S) 0' PLANS o OTHER COPIES DESCRIPTION Easement document, original sketch and legal THESE ARE TRANSMITTED as checked below: o For approval o For your information o Resubmit copies for approval o For your use o Per our conversation o Submit copies for approval o As requested o Return as noted o Return corrected prints 0' For review and comment o Other REMARKS Per our discussion. for your office to prepare Council agenda request COpy TO SIGNED Ji II Danil;!el , THIS INSTRUMENT PREPARED BY AND SHOULD BE RETURNED TO: Nicholas N. Palmer, Esq. Foley & Lardner LLP III North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 For Recording Purposes Only UTILITY EASEMENT (Cox Lift Station Site) 11 k r THIS UTILITY EASEMENT is made this ---'L day of ~~j-~ ,2006, by JOHNNY D. COX AND JOAN M. COX, husband and wife, wh e ma lIng address is {Co Z- G-()c\, Lv~ 1(\ ~dti~1' rL ~IJ~I(hereinafter, collectively referred to as "Grantor") in favor of THE ITY OF DGEW A TER, FLORIDA, a mumclpal corporatIOn duly created and existing under and by virtue of the laws of the State of Florida, whose mailing address is P.O. Box 100, Edgewater, Florida 32132-0100 (hereinafter referred to as the "City"). (wherever used herein the terms "Grantor" and "City" shall include all the parties to this instrument and the heirs, legal representatives and assigns of individuals, and the successors and assigns of corporations, partnerships (including joint ventures), public bodies and quasi-public bodies.) WIT N E SSE T H: That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations in hand paid to the Grantor by the City, the receipt and sufficiency of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell, convey and warrant to the City, its successors and - assigns forever, an exclusive easement and right-of-way for utility purposes, with full authority to enter upon, excavate, construct and maintain, as the City and its assigns may deem necessary, water pipes and appurtenances, sewer pipes and appurtenances, lift station improvements, and any other utility facilities over, under, upon and through the following-described lands situate in the County of Vol usia, State of Florida, to-wit: SEE EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE (the "Easement Area") TO HAVE AND TO HOLD said easement and right-of-way unto said City and its assigns forever. ORLA_417515.1 The City and its assigns shall have the right to clear, keep clear and remove from said Easement Area all trees, undergrowth, and other obstructions that may interfere with location, excavation, operation or maintenance of the utilities or any facilities installed thereon by the City and its assigns, and the Grantor, its successors and assigns, agree not to build construct or create, or permit others to build, construct or create any buildings or other structures on the Easement Area that may interfere with the location, excavation, operation or maintenance of the utilities, or any facilities installed thereon. Notwithstanding the issuance of any permit to construct a fence or other structure, the Grantor recognizes and consents to the right of the City or an authorized utility company if applicable, to remove the fence or other structure from the Easement Area without compensation or reimbursement to the Grantor if the fence or other structure is deemed to impede the purpose or utility of the easement. Grantor does hereby covenant with the City, that it is lawfully seized and possessed of the real estate above described, that it has a good and lawful right to convey the said easement and that it is free from all liens and encumbrances. IN WITNESS WHEREOF, the parties hereto have subscribed their names and have caused this Easement Agreement to be executed as of the day and year first above written. Signed, sealed and delivered in the presence of: GRANTOR: t~vy p~~ p~Name I< '" (l'Iocl/ ''1 t,M) Print Name Of:r(\fC fi...J1 \r/" ORLA_ 417515.1 -2- STATE OF . Ff 0I\~C0 COUNTY OF {Ok/v'>> 2006, J1~ Ol The foregoing instrument was acknowledged before me this ~ day of ~+~~ by JOHNNY D. COX. He is [iJ personally known to me or [XJ ha produced c. 7 rt) '-12 <./~ q oI yO as identification. d/;}~' ~ I a Public - """""" LISA A SIX ~,\..'"Y "".'1, . i.O~~~ Commission" DO 565046 ~* :~ My Commission Expires 06.18.20 I 0 "';~'l' o~$ Bonded Through CNA Surety "",~.n:\\~ L :")-4 (-t. '-~x Print Name My Commission Expires: STATE OF ---fb'\~ COUNTY OF y'D\lJ~1A 2006, VI Dl - The foregoing instrument was acknowledged before me this ~ day of ~~ t-~f\ h-&y by JOAN M. COX. She is GJ personally known to me or [i] has produced c..) ncH~ I fa ZS))1)as identification. WITNESS my hand and official seal in the County and State aforesaid this -S:::..- day of ~~ 2006. ~ ~'L.. S-~ Not ubhc ( \\,"111"" ( $W"'" USA A. SIX ~* ;~ Commission" DO 565046 \~ .~~l My Commission ExpIre. 06.18.20 I 0 ',:J;,~,::-;",' Bonded Through CNA Surety u'~ 4- 01x Print Name My Commission Expires: ORLA_ 417515.1 -3- ',1 .f , / ...~ u u REPORT OF SKETCH OF DESCRIPTION SANITARY-SEWER EASEMENT (COX) Work Order # 06-01-028 - February 13, 2006 Sketch of Description: See Sketch of Description, Sanitary-Sewer Easement (Cox), Work Order #06-01-028, dated February 13, 2006. This report of sketch of description and attached sketch is not valid without the signature and original raised seal of a Florida licensed surveyor and mapper, which can be found at the end of this report. The sketch and report are not full and complete without the other. The sketch is not an actual Boundary Survey. Description: A portion of U.S. Lot 6, Section 2, Township 18 South, Range 34 East, Volusia County, Florida, lying easterly of U.S. Highway No. 1 and being more particularly described as follows: Commence at the intersection of the south line of said U.S. Lot 6 and the easterly right of way of U.S. Highway No.1; thence North 260 41' 40" West, along said easterly right of way of U.S. Highway No.1, a distance of 124.55 feet for the Point of Beginning; thence continue North 260 41' 40" West, along said easterly right of way of U.S. Highway No.1, a distance of 10.30 feet; thence North 7r 09' 50" East, a distance of 182.05 feet; thence South 120 50' 10" East, a distance of 25.00 feet; thence South 770 09' 50" West, a distance of 40.00 feet; thence North 120 50' 10" West, a distance of 15.00 feet; thence South 770 09' 50" West, a distance of 139.58 feet to the Point of Beginning. Description Lineage: Description prepared by the undersigned at the request of the client. Bearing Reference: Bearings refer to Official Records Book 5675, Page 3681 of the Public Records of Volusia County, Florida and based on the easterly right of way of U. S. Highway NO.1 as being North 260 41' 40" West. Limitations: 1. Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of record. 2. This sketch prepared without the benefit of an abstract and no title work has been performed or provided. 3. This sketch is subject to any facts that may be disclosed by a full and accurate title search. 4. Underground utilities and features not located. 5. Dimensions indicated hereon are in feet and decimals thereof, unless otherwise noted. Prepared for: Joan Cox Surveyor and Mapper in Responsible Charge: Daniel W. Cory Professional Surveyor and Mapper License Number 2027 I hereby certify that this sketch of description of the subject property is true and correct to the best of my knowledge, information and belief as prepared under my supervision on the dates shown thereon. I further certify that this sketch of description meets the minimum technical standards set forth in F.A.C. Rule 61G17-6, adopted by the Florida Board of Professional Surveyors and Mappers, pursuant to Florida Statutes Ch. 472.027, subject to the qualifications noted hereon. /J ~/V ~ Signed: /(~_ ,I> .. Seal: . -. Daniel W Cory Surveyor, Inc. Certificate of Authorization Number LB 2599 300 Canal Street New Smyrna Beach, Florida 32168 (386) 427-9575 FILE # 4001 Palm Breeze Unrecorded Part of Lots 1 and 2 (COX) . SHEET 1 of2 -1 ;1,. -4 u u SKETCH OF DESCRIPTION SANITARY-SEWER EASEMENT (COX) WORK ORDER # 06-01-028 - FEBRUAURY 13,2006 SEE REPORT OF SKETCH OF DESCRIPTION SANITARY-SEWER EASEMENT (COX) WORK ORDER # 06-01-028 - FEBRUAURY 13,2006 I THIS SKETCH OF DESCRIPTION AND ATTACHED REPORT IS NOT VALID WITHOUT THE SIGNA TURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER WHICH CAN BE FOUND ON THE REPORT. THE SKETCH AND REPORT ARE NOT FULL AND COMPLETE WITHOUT THE OTHER. THIS SKETCH IS NOT AN ACTUAL BOUNDARY SURVEY. Course Bearing Distance L1 N 26041 '40" W 10.30' L2 N 77009'50" E 182.05' L3 S 12050' 10" E 25.00 L4 S 77009'50" W 40.00' L5 N 12050' 10" W 15.00' L6 S 77009'50" W 139.58' G1<APHIC SCALf: o 20 40 I I I \ POINT OF \ BEGINNING ---- c:::.. o (j') ~ ~ ;Z ~ ~ LOr 1 PORTION OF U. S. LOT 6 SECTION 2 TOWNSHIP 18 SOUTH RANGE 34 EAST BREEZE PALM -- ---- ---- \ \ y SEWER \ SANrrAREMENi EAS (COX) DIVISION sUB \ UNRECORDED _ ___ ---- ~- --- I hch = 40 feet \ ---- ---- --- .> PALM BREEZE DRIVE (50' EASEMENT) --- . --- --- SOUTH LINE OF U.S. LOT 6 I:) '" ~ ~ DANIEL W. CORY SURVEYOR, INC. ~ CERTIFICATE OF AUTHORIZATION NUMBER LB 2599 f 300 CANAL STREET ::, NEW SMYRNA BEACH, FLORIDA 32168 ~ (386) 427-9575 FILE # 4001 PALM BREEZE UNRECORDED PART OF LOTS 1 AND 2 (COX) SHEET 2 OF 2 r'"\ /j ',1 .t , .... . "', 11: u u REPORT OF SKETCH OF DESCRIPTION SANITARY-SEWER EASEMENT (COX) Work Order # 06-01-028 - February 13, 2006 Sketch of Description: See Sketch of Description, Sanitary-Sewer Easement (Cox), Work Order #06-01-028, dated February 13, 2006. This report of sketch of description and attached sketch is not valid without the signature and original raised seal of a Florida licensed surveyor and mapper, which can be found at the end of this report. The sketch and report are not full and complete without the other. The sketch is not an actual Boundary Survey. Description: A portion of U.S. Lot 6, Section 2, Township 18 South, Range 34 East, Volusia County, Florida, lying easterly of U.S. Highway No. 1 and being more particularly described as follows: Commence at the intersection of the south line of said U.S. Lot 6 and the easterly right of way of U.S. Highway No.1; thence North 260 41' 40" West, along said easterly right of way of U.S. Highway No.1, a distance of 124.55 feet for the Point of Beginning; thence continue North 260 41' 40" West, along said easterly right of way of U.S. Highway No.1, a distance of 10.30 feet; thence North 7r 09' 50" East, a distance of 182.05 feet; thence South 120 50' 10" East, a distance of 25.00 feet; thence South 770 09' 50" West, a distance of 40.00 feet; thence North 120 50' 10" West, a distance of 15.00 feet; thence South 770 09' 50" West, a distance of 139.58 feet to the Point of Beginning. Description Lineage: Description prepared by the undersigned at the request of the client. Bearing Reference: Bearings refer to Official Records Book 5675, Page 3681 of the Public Records of Volusia County, Florida and based on the easterly right of way of U. S. Highway No. 1 as being North 260 41' 40" West. Limitations: 1. Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of record. 2. This sketch prepared without the benefit of an abstract and no title work has been performed or provided. 3. This sketch is subject to any facts that may be disclosed by a full and accurate title search. 4. Underground utilities and features not located. 5. Dimensions indicated hereon are in feet and decimals thereof, unless otherwise noted. Prepared for: Joan Cox Surveyor and Mapper in Responsible Charge: Daniel W. Cory Professional Surveyor and Mapper License Number 2027 I hereby certify that this sketch of description of the subject property is true and correct to the best of my knowledge, information and belief as prepared under my supervision on the dates shown thereon. I further certify that this sketch of description meets the minimum technical standards set forth in F.A.C. Rule 61817-6, adopted by the Florida Board of Professional Surveyors and Mappers, pursuant to Florida Statutes Ch. 472.027, subject to the qualif:cations noted hereon. . /7 ~.v7 SIgned: /(./~ ,'. . Seal: , Daniel W. Cory Surveyor, Inc. Certificate of Authorization Number LB 2599 300 Canal Street New Smyrna Beach, Florida 32168 (386) 427-9575 FILE # 4001 Palm Breeze Unrecorded Part of Lots 1 and 2 (COX) . SHEET 1 of2 ~ :r.. -4 u u SKETCH OF DESCRIPTION SANITARY-SEWER EASEMENT (COX) WORK ORDER # 06-01-028 - FEBRUAURY 13,2006 SEE REPORT OF SKETCH OF DESCRIPTION SANITARY-SEWER EASEMENT (COX) WORK ORDER # 06-01-028 - FEBRUAURY 13,2006 I THIS SKETCH OF DESCRIPTION AND ATTACHED REPORT IS NOT VALID WITHOUT THE SIGNA TURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER WHICH CAN BE FOUND ON THE REPORT. THE SKETCH AND REPORT ARE NOT FULL AND COMPLETE WITHOUT THE OTHER. THIS SKETCH IS NOT AN ACTUAL BOUNDARY SURVEY. Course Bearing Distance L1 N 26041 '40" W 10.30' L2 N 77009'50" E 182.05' L3 S 12050' 10" E 25.00 L4 S 77009'50" W 40.00 L5 N 1 2 0 50 ' 1 0" W 15.00' L6 S 77009'50" W 139.58' Ct<APHIC SCALE: o 20 40 I I I -:;. ~ ;z. ~ ~ LOf 1 PORTION OF U. S. LOT 6 SECTION 2 TOWNSHIP 18 SOUTH RANGE 34 EAST BREEZE PALM -- ----- ----- \ \ Y SEWER \ SANliAREMENi EAS (COX) DIVISION SUB \ _ __ 'UNRECORDED ___ ----- - ~- ----- I hch = 40 feet \ \ POINT OF \ BEGINNING ----- c::. . (j) . ----- ----- -- ..> PALM BREEZE DRIVE (50' EASEMENT) ----- . --- ----- SOUTH LINE OF U.S. LOT 6 1) " ~ :5 DANIEL W. CORY SURVEYOR, INC. ~ CERT/FICA TE OF AUTHORIZATION NUMBER LB 2599 r 300 CANAL STREET :::, NEW SMYRNA BEACH, FLORIDA 32168 ~ (386) 427-9575 FILE # 4001 PALM BREEZE UNRECORDED PART OF LOTS 1 AND 2 (COX) SHEET 2 OF 2 ~ ~ AGENDA REQUEST CM: 2006-85 Date: September 21, 2006 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT OTHER CONSENT October 2. 2006 BUSINESS ITEM DESCRIPTION: Declaration of Easements for a turn around at the end of a driveway to be known as Rowan Way located within ParkTowne Industrial Center. BACKGROUND: On June 15, 2005, the plat of ParkTowne Industrial Center was recorded showing a public utility easement over the 35 foot strip (Rowan Way) but not the turn around area. Although under contract, the City is still the owner of both affected parcels and desires a public utility and drainage easement over the effected property. The Declaration will also grant private access rights over the turn around area to the owners of the affected property so they have easement rights to turn their vehicles around. ST AFF RECOMMENDATION: Staff recommends approval of the Declaration of Easements and authorize the Mayor to execute the document so that it can be legally recorded. ACTION REQUESTED: Motion to approve the Declaration of Easements and authorize the Mayor to execute the document. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO X DATE: AGENDA ITEM NO. Respectfully submitted, t. ~(~'-r,';~~ Robin L. Matusick Paralegal on C. Williams City Manager I: \1 iz_ docs\agendareq uest\rowanwayuti I i tyeasement THIS INSTRUMENT PREPARED BY AND RETURNED TO: Nicholas N. Palmer, Esq. FOLEY & LARDNER LLP III North Orange Avenue, Suite 1800 Post Office Box 2193 Orlando, FL 32802-2193 (407) 423-7656 For Recording Purposes Only DECLARATION OF EASEMENTS THIS DECLARATION OF EASEMENTS (this "Declaration") made as of the _ day of , 2006 by THE CITY OF EDGEW A TER, a Florida municipal corporation, whose mailing address is P.O. Box 100, Edgewater, Florida 32132-0100 (the "Declarant"). RECITALS: WHEREAS, Declarant is the fee simple owner of the real property lying and being situate in Volusia County, Florida, more particularly described in Exhibit "A" attached hereto and incorporated herein (the "Easement Property"); and WHEREAS, Declarant, as the owner of the Easement Property, desires to create, for the purposes and upon the terms and conditions hereinafter set forth, a private ingress/egress easement over, upon and across the Easement Property for the benefit of certain real property lying and being situate in V olusia County, Florida, more particularly described as follows: Tracts A-II, A-I2, A-13 and A-I4 ofParktowne Industrial Center, as shown on the Plat thereof, recorded in Map Book 52, Page 23 of the Public Records of Volusia County, Florida (the "Benefited Property"); and WHEREAS, Declarant, as the owner of the Easement Property, desires to create, for the purposes and upon the terms and conditions hereinafter set forth, a public utility and drainage easement over, upon and across the Easement Property. NOW, THEREFORE, in consideration of the covenants stated herein,. the Declarant, does hereby state as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein and by this reference made a part hereof. 2. Private Easement. Declarant, for itself and its respective successors and assigns hereby gives, grants, conveys and declares for the benefit of the Benefited Property, a perpetual ORLA_ 418704.1 t-- non-exclusive access easement over, upon and across the Easement Property for the purposes of vehicular and pedestrian ingress and egress to and from the Benefited Property. The easement rights granted hereunder may, at the option of each Owner (as defined below), be exercised and utilized by Owner's employees, agents, licensees, contractors, engineers, consultants, tenants, lessees, invitees, guests, customers and patrons and by the employees, agents, licensees, contractors, engineers, consultants, subtenants, sublessees, invitees, guests, customers and patrons of any such tenants or lessees. For purposes of this Declaration, "Owner" or "Owners" shall mean individually or collectively, as the case may be, any person or entity owning from time to time fee simple title to the Benefited Property or any portion thereof including, without limitation, Declarant. 3. Public Easement. Declarant, for itself and its respective successors and assigns hereby reserves for itself and gives, grants, conveys and declares for the perpetual use and benefit of the public, a non-exclusive public utility and drainage easement over, upon and across the Easement Property. 4. Covenant Runnine with the Land. This Declaration shall run with the Easement Land and the Benefited Property and inure to and be for the benefit of and shall be binding upon the owners of the Easement Land and their successors and assigns, the Owners and their successors and assigns, and any person, firm, corporation, or entity who may become the successor in interest to the Easement Land or any portion thereof and the Benefited Property or any portion thereof. 5. Recordation of Declaration. An executed original of this Declaration shall be recorded in the Public Records of V olusia County, Florida. 6. Amendment. This Declaration may be amended only by mutual agreement of the Declarant and Owners evidenced by a written instrument executed by the Declarant and the Owners and recorded in the Public Records of Vol usia County, Florida. 7. Applicable Law. This Declaration and the provisions contained herein shall be construed, controlled, and interpreted according to the laws of the State of Florida. 8. Captions. Captions of the Paragraphs of this Declaration are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction, or meaning of the provisions of this Declaration. 9. Severabilitv. If any word, sentence, phrase, paragraph, provision, or portion of this Declaration is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereof so long as the purpose and intent of this Declaration can still be achieved. 2 ORLA_ 418704.1 IN WITNESS WHEREOF, the Declarant has caused this Declaration to be executed as of the day and year first above written. Signed, sealed and delivered in the presence of: DECLARANT: ATTEST: CITY OF EDGEW A TER, a Florida municipal corporation By: SUSAN J. WADSWORTH MICHAEL L. THOMAS, Mayor Executed on: ,2006 For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality this _ day of , 2006 APPROVED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER AT A MEETING HELD ON THIS DAY OF 2006 UNDER AGENDA ITEM NO. By: Name: CITY ATTORNEY Foley & Lardner LLP STATE OF COUNTY OF I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to make acknowledgements, personally appeared MICHAEL L. THOMAS and SUSAN J. WADSWORTH, well known to me to be the Mayor and City Clerk, respectively, of the City of Edgewater, a Florida municipal corporation, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said municipality. WITNESS my hand and official seal in the County and State last aforesaid this _ day of , 2006. Signature of Notary Name of Notary (Typed, Printed or Stamped) Commission Number (if not legible on seal) My Commission Expires (if not legible on seal) 3 ORLA_ 418704.1 EXHIBIT" A" (The "Easement Property") [See Attached Sheets ORLA_ 418704.1 r MAP AND LEGAL DESCRIPTIONS OF: LEGAL DESCRIPTIONS PARCEL E1: A PARCEL OF LAND BEING A PART OF TRACT A-14 AS SHOWN ON lHE PLAT OF PARKTOWNE INDUSTRIAL CENTER AS RECORDED IN MAP BOOK 52, PAGE 23 OF lHE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCING AT lHE SOUlHEAST CORNER OF SAID TRACT A-14; lHENCE N.25'56'59"W., ALONG lHE EAST LINE OF SAID TRACT A-14, A DISTANCE OF 17.53 FEET TO lHE INTERSECTION WllH lHE NORlHERL Y LINE OF A 35 FOOT WIDE INGRESS/EGRESS EASEMENT AS SHOWN ON SAID PLAT OF PARKTOWNE INDUSTRIAL CENTER; lHENCE S.67'25'54"W., ALONG SAID LINE, 64.91 FEET TO lHE POINT OF BEGINNING OF lHE PARCEL OF LAND HEREIN DESCRIBED; lHENCE CONTINUE S.67'25'54"W., ALONG SAID LINE, 146.27 FEET TO A POINT' LYING ON lHE ARC OF A CIRCULAR CURVE, CONCAVE NORlHWESTERL Y, HAVING A RADIUS OF 25.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS S.22'34'06"E,; lHENCE NORlHEASTERL Y, ALONG lHE ARC OF SAID CURVE, lHROUGH A CENTRAL ANGLE OF 62'29'12", 27.26 FEET TO lHE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE, CONCAVE SOUlHEASTERL Y AND HAVING A RADIUS OF 67.00 FEET; lHENCE NORlHERL Y, EASTERLY AND SOUlHEASTERL Y, ALONG lHE ARC OF SAID CURVE, lHROUGH A CENTRAL ANGLE OF 137'20'44", 160.61 FEET TO lHE POINT OF BEGINNING. PARCEL E2: A PARCEL OF LAND BEING A PART OF TRACT A-13 AS SHOWN ON lHE PLAT OF PARKTOWNE INDUSTRIAL CENTER AS RECORDED IN MAP BOOK 52, PAGE 23 OF lHE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA DESCRIBED AS FOLLOWS: COMMENCING AT lHE NORlHEAST CORNER OF SAID TRACT A-13; lHENCE S.25'56'59"E., ALONG lHE EAST LINE OF SAID TRACT A-13, A DISTANCE OF 17.53 FEET TO lHE INTERSECTION WllH lHE SOUlHERL Y LINE OF A 35 FOOT WIDE INGRESS/EGRESS EASEMENT AS SHOWN ON SAID PLAT OF PARKTOWNE INDUSTRIAL CENTER; lHENCE S.67'25'54"W., ALONG SAID LINE, 66.98 FEET TO lHE POINT OF BEGINNING OF lHE PARCEL OF LAND HEREIN DESCRIBED; lHENCE CONTINUE S.67'25'54"W., ALONG SAID LINE, 146.27 FEET TO A POINT LYING ON lHE ARC OF A CIRCULAR CURVE, CONCAVE SOUlHWESTERLY, HAVING A RADIUS OF 25.00 FEET AND TO WHICH POINT A RADIAL LINE BEARS N.22'34'06"W.; lHENCE SOUlHEASTERL Y, ALONG lHE ARC OF SAID CURVE, lHROUGH A CENTRAL ANGLE OF 62'29'12", 27.26 FEET TO lHE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE, CONCAVE NORlHWESTERL Y AND HAVING A RADIUS OF 67.00 FEET; lHENCE SOUlHERL Y, EASTERLY AND NORlHEASTERL Y, ALONG lHE ARC OF SAID CURVE, lHROUGH A CENTRAL ANGLE OF 137'20'44", 160.61 FEET TO lHE POINT OF BEGINNING. SURVEYOR'S NOTE: lHlS IS NOT A SURVEY. lHlS DOCUMENT WAS PREPARED FOR LEGAL DESCRIPTION PURPOSES ONLY, AND IS IN NO WAY INDICATIVE OF AN ACTUAL FIELD SURVEY. CERTIFIED TO: lHE CITY OF EDGEWA TER, FLORIDA NOT VALID WllHOUT SIGNATURE AND lHE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED DATE ORDER NO. FB. NO. SCALE. DWG.NO. CERTIFIED BY: DENNIS W. WRIGHT REGISTERED LAND SURVEYOR NO. 4014 STATE OF FLORIDA 6/12/06 23240 N/A AS SHOWN A-14A ING-EGR EAS LEGS.DWG Honeycutt & Associates, Inc. ENGINEERS -SURVEYORS - PLANNERS 5195 South Washington Avenue Titusville, Florida 32780 (321) 267-6233 Fax (321) 269-7847 CERllFICATE OF AUTHORIZAllON NO. LB 6762 " :; l \ DAlE 6/12/06 ORDER NO. 23240 FB. NO. N/A SCALE. AS SHOWN DWG.NO. A-14A ING-EGR EAS LEGS.DWG ~~ ~'v ~~ ~ v~<v ~C:J O~~ ~~ CJO CJo\) ~ ~ ~~ ~~ ~~ ~ ~ ~~ O~ ~<:;) ~~ ~~ ~'vO t&<J ~<:3 Honeycutt & Associates, Inc. ENGINEERS .SURVEYORS. PLANNERS 5195 South Washington Avenue · TItusville, Florida 32780 (321) 267-6233 Fax (321) 269-7847 CERTIFlCA IE OF AUTHORIZA nON NO. LB 6762 .... .... ~C\ \tzr"A ~- \ ,~ , ~1-'2.~ t:> ~ 01.00" ~.p '00.0 \.. ~ ~ ......-:~:.:~.:~:;;:---,. ~.... ,.".". ;::>::;:':::;:::;::;:::.:.:;:;:;-" ... 1.1?4~ ~<~<r<:9'1<. ,(.....'.~ill.r....tf.I.I.~.~.~........~.~.).'.'...I..~~.!~.~i~ ~ <7 '''0' 'i'~Q~;I ~.:'~ '<~t: \i;~:i~~~~~~~~:'~~-i:----l \ ........~"... ...~ ~,,:;.,r:Z..Cq,. : .... ........ ~''2.cS~~.'':;.f~ ,.:..~\:.~(/ I ;"~~':~j;~I..:I~;;:f ''Y''.:. 0/ ..... ............:~~~\-~:(0; 'Y ;.;m 'Yll:.~__?~ .... .... \ ~ 13 \ ...... ' ... .nO .... ,.,. ;>: \ ......------ ~1 ", .... ~. ~ ' -<; \ 00. ;>:1ii? ca.."f [>..... 01. 0\ '{, <::)~. i .p 'i1 ~ \00. ~~~ (" ~ ~ ~ ~ ~~~ ~ 6\ ~ l:f,'C>~~ ~~~ ~~~ '~<b~.D,; ~~~ u'~~.. 'Q(<\~ <"'V!iII (<\ i').l<! 'V!~~ ~~~ ~ ill .... .... .... .... .... .... b 10 '- ...~ cS~bf ........ .... S01:.... .... f; ............ 00.9 \R~C\ ~_'\'2. \tz ~ C \ ~_\:) AGENDA REQUEST Date: September 22, 2006 PUBLIC HEARING CONSENT RESOLUTION OTHER BUSINESS x ORDINANCE CORRESPONDENCE ITEM DESCRIPTION: Request approval to enter into a contract with G & G Complete Janitorial Services, Inc. to perform janitorial services. BACKGROUND: In August 2006, the Finance Department was instructed to prepare a Request for Proposal for janitorial services for the City. At that time, the City utilized five (5) vendors to satisfy all its janitorial needs (with an estimated annual impact of$32,140.00). Six (6) companies responded to the RFP, the Janitorial Selection Committee reviewed and evaluated the proposals submitted by these six (6) companies, through a series of meetings and interviews. STAFF RECOMMENDATION: Staffrecommends award ofthe Janitorial Services RFP to G & G Complete Janitorial Services, Inc. for a not to exceed amount of $32,232.00 per year. ACTION REQUESTED: Motion to accept the RFP for Janitorial Services at a not to exceed amount of$32,232.00 a year; and for the City Manager to execute the associated agreement. FINANCIAL IMP ACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: DATE: YES NO AGENDA ITEM NO. x Respectfully submitted, Concurrence: fl~L r.-- Brett L. Tanner Interim Finance Director ~~~rJ~ Robin Matusi~ ~ r~.~__/ c::ijon C. Williams City Manager G & G COMPLETE JANITORIAL SERVICES, INC. This Agreement is made and entered into this day of , 2006, by and between the CITY OF EDGEWATER, FLORIDA, a municipal corporation (hereinafter referred to as "City"), 104 North Riverside Drive, P. O. Box 100, Edgewater, Florida, 32132-0100 and G & G COMPLETE JANITORIAL SERVICES, INC., (hereinafter referred to as "Contractor"), whose mailing address is P. O. Box 1299, Edgewater, Florida 32132. PREMISES WHEREAS, the City wishes to employ a contractor/supplier to assist the City in the necessary janitorial services for City buildings and, WHEREAS, the City desires to employ the Contractor in connection therewith upon terms and conditions hereinafter set forth, and the Contractor is desirous of obtaining such employment and has represented that it is qualified and competent to perform such services NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter set forth, City and Contractor agree as follows: 1. SCOPE OF PROFESSIONAL SERVICES The Contractor agrees that he will provide expert treatment, guidance, advice, supplies, etc. and any equipment needed for janitorial services as stated in Exhibit "A". The Contractor, however, shall not sublet, assign, or transfer any Work under this Agreement without the written consent of the City. Contractor will comply with all requirements relating to janitorial services pursuant to the services described in Exhibit "A" (attached hereto and incorporated herein). Contractor will provide the City with copies of all insurance and licenses required by G & G COMPLETE JANITORIAL SERVICES, INC. to perform said services. 2. TERMITERMINATION The services to be rendered by the Contractor shall be commenced, as soon as possible after execution of said agreement, filing of all necessary paperwork, issuance of Purchase Order from the City and a schedule of services, to be provided by the Contractor is reviewed and approved by staff from the Finance Department. Both parties agree that the term of this Agreement is for a three (3) year term to begin upon October 3,2006. Both parties agree that this Agreement may be amended to include or exclude maintenance to be performed, if both parties are in agreement of said amount. Both parties agree that at the end of this three (3) year term, the Agreement may be (Agreement/G & G Complete Janitorial Services, Inc.) 1 renewed/extended on an annual basis for an additional two (2) years with the amount negotiated by both parties. The City reserves the right to review the Contractor's performance at any time. This Agreement may be terminated by either party with thirty (30) day written notice. Said notice to include the specifications or areas of dissatisfaction resulting in the termination of this agreement. 3. AUTHORIZATION FOR SERVICES Authorization for performance of professional services by the Contractor shall be upon execution of this Agreement by the City. 4. COMPENSATION AND METHOD OF PAYMENT City agrees to pay Contractor a not to exceed amount of thirty two thousand two hundred thirty two dollars and no cents ($32,232.00) per year for janitorial services as stated in Exhibit "A". Each invoice shall also be accompanied by a written concurrence from the Finance Department. The City may perform, or cause to have performed, an audit of the records of the Contractor after final payment to support final payment under any Work Order issued hereunder. This audit shall be performed at a time mutually agreeable to the Contractor and the City subsequent to the close of the final fiscal period in which the last Work is performed. Total compensation to the Contractor may be determined subsequent to an audit as provided for in this Section, and the total compensation so determined shall be used to calculate final payment to the Contractor. Conduct of this audit shall not delay final payment as required by Paragraph A of this Section. In addition to the above, if federal, state or county funds are used for any Work under this Agreement, the Comptroller General of the United States or of the State of Florida or of the County of Volusia, or any representatives, shall have access to any books, documents, papers, and records of the Consultant which are directly pertinent to Work performed under this Agreement for purposes of making audit, examination, excerpts and transcriptions. The stipulations contained in any federal, state or county grant pertaining to Contractor will be adhered to by the Contractor. Copies of such grants shall be furnished to Contractor. The Contractor agrees to maintain all books, documents, papers, accounting records and other evidences pertaining to Work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at all reasonable times during the Agreement period and for three (3) years from the date of final payment under the contract for audit or inspection as previously provided. Accounting books or records must be maintained for each Work Order. Incomplete or incorrect entries in such books and records may be grounds for disallowance by the City of amounts due based upon such entries. (Agreement/G & G Complete Janitorial Services, Inc.) 2 In the event any audit or inspection conducted reveals any overpayment by the City under the terms of the Agreement, Contractor shall refund such overpayment to the City within thirty (30) days of notice by the City. IN WITNESS WHEREOF, the parties have hereto caused the execution of these documents, the year and date first written above. WITNESSES: CITY OF EDGEWATER, FLORIDA By: Jon C. Williams City Manager Dated: Robin L. Matusick Paralegal WITNESSES: G & G COMPLETE JANITORIAL SERVICES, INC. Steven J. Gois President Dated: Approved by the City Council of the City of Edgewater at a meeting held on this 2nd day of October, 2006 under Agenda Item No.9 END OF SECTION (AgreemenUG & G Complete Janitorial Services, Inc.) 3 Exhibit "A" (AgreemenUG & G Complete Janitorial Services, Inc.) 4 SCOPE OF SERVICES It is the intention of the City of Edgewater to enter into a contract, as defined under Florida law, with the Contractor for janitorial services. The locations of the work to be performed under the Contract include, but are not limited to: City Hall Complex - Monday thru Friday Community Center (meeting hall and restrooms) - Monday thru Friday Community Development - Monday thru Friday Police Department (Administrative) - Monday thru Friday Police Department (CID/Evidence) - Twice a Week Environmental Services (Administrative) - Once a Week Public Works (Office) - Once a Week Fire Department (Station #55) - Carpet and VCT as Needed Fire Department (Station #57) - Carpet and VCT as Needed Code Enforcement - Carpet and VCT as Needed Leisure Services - Twice a Week The scope of work to be performed under the Contract includes, but is not limited to janitorial services relating to: DAILY CLEANING REQUIREMENTS Office Areas: . Disinfect phones . Clean computer screens and copy machines . Vacuum all carpet and spot clean as needed . Remove existing mats, vacuum or sweep/clean mats. Sweep all vinyl/tile, clean with damp mop and replace mats . Empty all trash receptacles and replace with new liner . Empty all recycling individual office receptacles . Remove all scuff marks from floors, baseboards and doors . Neatly arrange all chairs and tables . Spot clean and polish all doors, glass, door handles, frames and thresholds inside and out . Dust and spot damp clean all accessible surfaces (i.e. desks, file cabinets, countertops, partitions, etc.), remove all dust, smudges and fingerprints within a height of 8' . Dust and spot clean electric switch plates, window sills and baseboards . Spot clean walls . Police areas (Agreement/G & G Complete Janitorial Services, Inc.) 5 Restrooms: . Damp clean walls and tile, with disinfectant cleaner to remove all soils, grease and film . Remove existing mats, vacuum or sweep/clean mats as well as sweep, disinfect and mop all floors, replace mats . Clean and polish all chrome or brass pipe fittings, light switches and all other metal and plastic finished fittings . Clean and disinfect partition walls and doors . Clean and polish mirrors . Clean, disinfect and polish entire toilet/urinal fixtures, apply odor control capsules to all toilet/urinal fixtures as needed . Clean and polish all mirrors, countertops and enameled surfaces (i.e. sinks) . Empty, clean and disinfect all waste receptacles, including sanitary receptacles (insert new liner) . Re-supply toilet paper, soap and hand towels . Remove all scuff marks from floors, baseboards and doors . Police areas Breakrooms: . Spot clean walls . Clean and polish all chrome or brass pipe fittings, lights switches and all other metal and plastic finished fittings (including sinks) . Clean and disinfect all exposed countertops and tables . Re-supply soap and hand towels . Clean coffee pots and microwaves . Empty, clean and disinfect all waste receptacles, including recycling receptacles (insert new liner) . Remove existing mats, vacuum or sweep/clean mats, sweep all vinyl/tile, clean w/ damp mop and replace mats . Vacuum all carpet and spot clean as needed . Wipe down exterior surface of refrigerators and microwaves . Remove all scuff marks from floors, baseboards and doors . Neatly arrange all chairs and tables . Dust and spot clean window sills and baseboards . Wash, clean and disinfect all water fountains with approved cleaning compounds, which are in no way considered toxic . Police areas Hallways/Foyers: . Clean and polish all glass doors, door handles, frames and thresholds inside and out, clean and polish all interior/exterior windows, remove all dust, smudges and fingerprints within a height of 8', remove all scuff marks from doors, floors and baseboards . Vacuum all carpet and spot clean as needed (Agreement/G & G Complete Janitorial Services, Inc.) 6 . Remove existing mats, vacuum or sweep/clean mats, sweep all vinyl/tile, clean w/ damp mop and replace mats . Dust and spot clean electric switch plates, window sills and baseboards . Spot clean walls . Dust and damp clean all accessible surfaces . Dust and spot clean display, trophy case . Wash, clean and disinfect all water fountains with approved cleaning compounds, which are in no way considered toxic . Empty all trash receptacles and replace with new liner . Police areas Entrances - Exterior: . Clean and polish all glass doors, door handles, frames and thresholds inside and out, clean and polish all exterior windows, remove all dust smudges and fingerprints within a height of 8' . Empty and damp clean all smoking receptacles, polish all metal, ashtrays shall be free of dirt, dust, streaks and spots . Police areas Stairwells - Interior: . Remove existing mats, vacuum or sweep/clean mats, sweep all vinyl/tile, clean w/damp mop and replace mats . Vacuum all carpet and spot clean as needed . Dust and damp clean all accessible surfaces . Clean and polish all glass doors, door handles, frames and thresholds inside and out, clean and polish all interior windows, remove all dust smudges and fingerprints within a height of 8' . Dust and spot damp clean all accessible surfaces, remove all dust, smudges and finger prints within in a height of 8' . Dust and spot clean electric switch plates, window sills and baseboards . Spot clean walls . Dust and clean hand railings . Police areas Stairs - Exterior: . Remove existing mats, vacuum or sweep/clean mats, vacuum all cement, spot clean and replace mats . Empty and damp clean all smoking receptacles, polish all metal, ashtrays shall be free of dirt, dust, streaks and spots . Dust and clean hand railings . Police areas (AgreemenUG & G Complete Janitorial Services, Inc.) 7 Conference Rooms: . Vacuum all carpet and spot clean as needed . Remove existing mats, vacuum or sweep/clean mats, sweep all vinyl/tile, clean w/ damp mop and replace mats . Spot clean walls . Neatly arrange all chairs and tables . Dust, clean and polish conference tables, podiums and Council Dais . Dust and spot clean surfaces (i.e. hard chair surfaces, bookcases and other furniture items) . Empty all trash receptacles and replace with new liner . Remove scuff marks from floors, baseboard and doors . Spot clean all doors, door handles, frames and thresholds inside and out, Remove all dust, smudges and fingerprints within a height of 8' . Dust and spot clean electric switch plates, window sills and baseboards . Police areas WEEKLY CLEANING REQUIREMENTS Office Areas: . Vacuum Upholstered furniture . Vacuum corners and behind doors . Clean total surface in accessible areas: fixtures, chairs, file cabinets, storage cabinets, tables lamps, counters, window sills/ledges and shelves all height ranges . Remove all cobwebs from walls, ceilings, corners, windows, etc. Restrooms: . Clean showers/tubs . Remove all cobwebs from walls, ceilings, corners, windows, etc. Breakrooms: . Remove all cobwebs from walls, ceilings, corners, windows, etc. . Vacuum corners and behind doors . Empty and clean exterior of receptacles . Clean all exterior cabinet surfaces Hallways/Foyers: . Clean display cases, trophy cases, picture frames, fire extinguishers . Vacuum corners and behind doors . Remove all cobwebs from walls, ceilings, corners, windows, etc. Stairwells - Interior: . Vacuum corners and behind doors . Clean and polish all glass doors, door handles, frames and thresholds inside and out, clean and polish all exterior windows, remove all dust smudges and fingerprints within a height of 8' (AgreemenUG & G Complete Janitorial Services, Inc.) 8 . Clean electric switch plates, window sills and baseboards . Remove all cobwebs from walls, ceilings, corners, windows, etc. Conference Rooms: . Vacuum corners and behind doors . Remove all cobwebs from walls, ceilings, corners, windows, etc. MONTHLY CLEANING REQUIREMENTS Office Areas: . Vacuum and clean AC vents and returns . Dust and clean wood paneling . Dust all Venetian blinds . All high dusting over 8' . Vinyl & tile floors clean, buff by machine and polish Restrooms: . Vacuum and clean vents, AC vents and returns . Dust all Venetian blinds . All high dusting over 8' . Vinyl & tile floors clean, buff by machine and polish Breakrooms: . Vacuum and clean vents, AC vents and returns . Dust all Venetian blinds . All high dusting over 8' . Vinyl & tile floors clean, buff by machine and polish Hallways/Foyers: . Vacuum and clean vents, AC vents and returns . Dust all Venetian blinds . All high dusting over 8' . Vinyl & tile floors clean, buff by machine and polish Stairwells - Interior: . Vacuum and clean vents, AC vents and returns . Dust all Venetian blinds . All high dusting over 8' . Vinyl & tile floors clean, buff by machine and polish Conference Rooms: . Vacuum and clean vents, AC vents and returns . Dust all Venetian blinds . All high dusting over 8' . Vinyl & tile floors clean, buff by machine and polish (AgreementlG & G Complete Janitorial Services, Inc.) 9 QUARTERLY CLEANING REQUIREMENTS Office Areas: . All non-carpeted floors (excluding quarry tile & bricks) stripped, machine scrubbed, re-apply floor finish and buff . Clean all Venetian blinds . Quarry tile & bricks machine scrub and reseal with City approved non-slip finish and sealer Restrooms: . Clean all Venetian blinds Breakrooms: . Clean all Venetian blinds Hallways/Foyers: . Clean all Venetian blinds Stairwells - Interior: . Clean all Venetian blinds Conference Rooms: . Clean all Venetian blinds ANNUAL SERVICES In addition to the above cleaning requirements (as stated in the proposal submitted August 24, 2006): . Professional truck mount Carpet Steam Cleaning. G & G will steam clean all City facility carpets once a year to insure proper sanitization and indoor air quality at no additional cost. . G & G will also High Pressure Steam Clean the Tile & Grout at the Leisure Services Building once a year at no additional cost. Contractor is to furnish ~ cleaning equipment and supplies with the exception of paper products. It is the City's discretion to allow the Contractor to order the necessary paper products (at Contractor's pricing), for no additional cost. At any time the City shall discontinue this service if it deems necessary to do so. (Agreement/G & G Complete Janitorial Services, Inc.) 10 The cost breakdown is as follows: City Hall Complex - $775.00 per Month Community Center (meeting hall and restrooms) - $160.00 per Month Community Development - $400.00 per Month Police Department (Administrative) - $675.00 per Month Police Department (CID/Evidence) - $96.00 per Month Environmental Services (Administrative) - $80.00 per Month Public Works (Office) - $140.00 per Month Fire Department (Station #55, Station #57 & Code Enforcement) -$200.00 per Month Leisure Services - $160.00 per Month END OF SECTION (Agreement/G & G Complete Janitorial Services, Inc.) 11 AGENDA REQUEST Date: 9/26/06 PUBLIC HEARING RESOLUTION ORDINANCE BOARD APPOINTMENT CONSENT OTHER BUSINESS XX Recommendation to Reject Bids: 1. Parktowne Industrial Center Driveway "A" Improvements Bid No. 06-PW-02 2. Massey Parcel Roadway (Base Leg Drive) Drainage and Utility Development Bid No. 06-PW-03 ITEM DESCRIPTION: BACKGROUND: These two projects were originally designed to be constructed within a coordinated time frame as the sharing of the lift station by both projects was anticipated. Due to economic considerations, the Council has authorized only the construction of the Base Leg Drive improvements. The lift station construction was part of the Driveway "A" improvements which are not scheduled to be constructed at this point in time. Therefore, it is necessary to reject both bids as they are no longer appropriate for the current scope of work approved by Council. STAFF RECOMMENDATION: Staff recommends rejecting Bid NO. 06-PW-02 and Bid No. 06- PW-03. ACTION REOUESTED: A motion to reject Bid No. 06-PW-02 and Bid No. 06-PW-03. FINANCIAL IMPACT: (FINANCE DIRECTOR) (SPECIFY IF BUDGET AMENDMENT IS REQUIRED) PREVIOUS AGENDA ITEM: YES NO DATE: AGENDA ITEM NO. Respectfully submitted, ~r~~ L:;~ alon Williams City Manager C:\MyDociments\TerrysFileslAgendaRequest