Loading...
03-09-2016 Cit of Edgewater 104 N. Riverside Drive Y g Edgewater, FL 32132 Cite 7 ,EDGEWATER Meeting Agenda Planning and Zoning Board Wednesday, March 9,2016 6:30 PM Council Chambers We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES a. Regular Meeting - February 10, 2016 4. OLD BUSINESS-PUBLIC HEARING 5. NEW BUSINESS -PUBLIC HEARING a. David Tyree, requesting a variance from Article V of the Land Development Code for Property located at 1611 Umbrella Tree Drive. b. Eric Dubois, applicant, requesting annexation of .24± acres of land located at 125 Hollow Oak Trail. C. Eric Dubois, applicant, requesting an amendment to the Comprehensive Plan Future Land Use Map to include of .24± acres of land located at 125 Hollow Oak Trail as Low Density Residential. d. Eric Dubois, applicant, requesting an amendment to the Official Zoning Map to include of .24± acres of land located at 125 Hollow Oak Trail as R-3 (Single Family Residential). e. Ray Thompson, authorized agent, requesting annexation of 1.50± acres of land located north of 3232 S. Ridgewood Avenue. f. Ray Thompson, authorized agent, requesting an amendment to the Comprehensive Plan Future Land Use map to include 1.50± acres of land located north of 3232 S. Ridgewood Avenue as Commercial. g. Ray Thompson, authorized agent, requesting an amendment to the Official Zoning map to include 1.50± acres of land located north of 3232 S. Ridgewood Avenue as- B-3 (Highway Commercial. City of Edgewater Page 1 Printed on 3/3/2016 Planning and Zoning Board Meeting Agenda March 9,2016 h. George and Constance Boehner, owners, requesting annexation of .26± acres of land located at 164 Azalea Road. L George and Constance Boehner, owners, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .26± acres of land located at 164 Azalea Road as Medium Density Residential. j. George and Constance Boehner, owners, requesting an amendment to the Official Zoning Map to include .26± acres of land located at 164 Azalea Road as R-3 (Single Family Residential) k. The City of Edgewater requesting to abandon/vacate a portion of Park Street. I. The City of Edgewater requesting the abandonment/vacation of the planting buffers within Florida Shores M. Land Development Code (LDC) text amendment to Article I II (Permitted, Conditional, Accessory and Prohibited Uses) n. Comprehensive Plan Large Scale Amendment to the Intergovernmental Coordination Element referencing the Interlocal Service Boundary Agreement with Volusia County 6. OTHER BUSINESS None at this time. 7. DISCUSSION ITEMS a. Development Services Director's Report b. Chairman's Report c. Agency Members' Report & ADJOURN 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 Robin Matusick, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386-424-2400 x 1101, S days prior to the meeting date. If you are hearing or voice impaired, contact the relay operator at 1-800-955-8771 One or more members of City Council or other advisory boards may be present. City of Edgewater Page 2 Printed on 3/3/2016 104 N. ve City of Edgewater Edgewater,Edgewater,FL 32132 ,s City of ��GEtWATER Meeting Minutes Planning and Zoning Board Wednesday,February 10,2016 6:30 PM Council Chambers 1. CALL TO ORDER Chairman Card called the meeting to order at 6:30 p.m. 2. ROLL CALL Roll call Present 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree and Paul Wright Absent 1- Michael Eichhorn Also Present 2- Development Services Director Darren Lear and Senior Planner Bonnie Brown 3. APPROVAL OF MINUTES a. Regular Meeting -January 13,2016 A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to adopt the Minutes of January 13,2016.The MOTION was APPROVED by the following vote: Yes: 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,and Paul Wright Absent: 1- Michael Eichhorn 4. OLD BUSINESS-PUBLIC HEARING-None at this time 5. NEW BUSINESS-PUBLIC HEARING a. AN-1507 - Arthur Mowery, owner, requesting annexation of .34± acres of land located at 125 Flamingo Road. Mr. Lear provided a staff report and stated this item as well as the next two were for the same parcel. He advised the Board this property was within the Interlocal Service Boundary Area. Chairman Card opened and closed the Public Hearing. Chairman Card verified if City water and sewer were available to the site. Mr. Lear indicated that City water was available. There being no further discussion Chairman Card entertained a motion. City of Edgewater Page I Printed on 211112016 Planning and Zoning Board Meeting Minutes February 10,2016 A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to send a favorable recommendation to City Council for the annexation of .34t acres of land located at 125 Flamingo Road.The MOTION was APPROVED by the following vote: Yes: 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,and Paul Wright Absent: 1- Michael Eichhorn b. CPA-1510- Arthur Mowery, owner, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .34f acres of land located at 125 Flamingo Road as Medium Density Residential. Mr.Lear provided a staff report and recommendation. Chairman Card opened and closed the Public Hearing. There being no further discussion, Chairman Card entertained a motion. A motion was made by Mr. Wright, second by Mr. McIntosh, to send a favorable recommendation to City Council for the amendment to the Comprhensive Plan Future Land Use Map to inlcude .34t acres of land located at 125 Flamingo Road as Medium Density Residential.The MOTION was APPROVED by the following vote: Yes: 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,and Paul Wright Absent: 1- Michael Eichhorn C. RZ-1509- Arthur Mowery, owner, requesting an amendment to the Official Zoning Map to include .34f acres of land located at 125 Flamingo Road as R-3 (Single Family Residential). Mr. Lear provided a staff report and recommendation. Chairman Card asked of this was the closest Zoning Designation. Mr.Lear stated that was correct. Chairman Card opened and closed the Public Hearing. There being no further discussion, Chairman Card entertained a motion. A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include .34t acres of land loacted at 125 Flamingo Road as R-3 (Single Family Residential).The MOTION was APPROVED by the following vote: Yes: 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,and Paul Wright Absent: 1- Michael Eichhorn d. AN-1508 - James H. Barrett, owner, requesting annexation of .40f acres of land located at 140 Godfrey Road. City of Edgewater Page 2 Printed on 211112016 Planning and Zoning Board Meeting Minutes February 10,2016 Mr. Lear provided a staff report and recommendation. Chairman Card stated he thought there were other properties on Godfrey Road in the City. Mr. Lear stated the property to the north and few residential parcels were. Chairman Card opened and closed the Public Hearing. There being no further discussion, Chairman Card entertained a motion. A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to send a favorable recommendation to City Council for the annexation of .40t acres of land located at 140 Godfrey Road.The MOTION was APPROVED by the following vote: Yes: 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,and Paul Wright Absent: 1- Michael Eichhorn C. CPA-1511 - James H. Barrett, owner, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .40f acres of land located at 140 Godfrey Road as Medium Density Residential. Mr.Lear provided a staff report and recommendation. Chairman Card opened and closed the Public Hearing. There being no further discussion, Chairman Card entertained a motion. A motion was made by Mr. McIntosh, second by Mr. Wright, to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to inlcude .40t acres of land located at 140 Godfrey Road as Medium Density Residential.The MOTION was APPROVED by the following vote: Yes: 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,and Paul Wright Absent: 1- Michael Eichhorn f. RZ-1510- James H. Barrett, owner, requesting an amendment to the Official Zoning Map to include .40f acres of land located at 140 Godfrey Road as R-3 (Single Family Residential). Mr.Lear provided a staff report and recommendation. Chairman Card opened and closed the Public Hearing. There being no further discussion, Chairman Card entertained a motion. A motion was made by Mr. Tyree, second by Mr. Andrejkovics, to to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to inlcude .40t acres of land located at 140 Godfrey Road as R-3 (Single Family Residential). The MOTION was APPROVED by the following vote: City of Edgewater Page 3 Printed on 211112016 Planning and Zoning Board Meeting Minutes February 10,2016 Yes: 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,and Paul Wright Absent: 1- Michael Eichhorn g. VA-1601 - BOOS Development Group Inc., requesting amendments to the Articles V and XVIII of the Land Development Code for property located at the northeast corner of Indian River Boulevard and Alamanda Drive. Mr.Lear provided a staff report and recommendation. Bill Pfeffer, Bowman Consulting, asked about the variance to the east building setback. Mr. Lear stated due to being on a side-corner lot that variance was not required. Mr. Pfeffer stated this was one of Jiffy Lube's new prototype buildings, that it will be very nice and environmentally friendly. Mr. Lear stated the site is in the 442 overlay zone and there would be additional architectural standards. Mr. Kennedy asked if there would be a joint driveway with CVS. Mr. Pfeffer stated there is a driveway stub there currently and there will be cross access. Mr. McIntosh asked about the drainage ditch on the property. Mr. Pfeffer stated there was a retention area that will not be impacted by the development. Chairman Card asked about issues with the basement. Mr. Lear stated they researched the property and the oil change business across the street has one and there have been no issues. Chairman Card opened and closed the Public Hearing. There being no further discussion, Chairman Card entertained a motion. A motion was made by Mr. Andrejkovics, second by Mr. McIntosh, to approve variances Article V (Site Design Criteria), Table V-8(Off Street Parking Requirements) to allow 15 parking spaces in lieu of the required 17; 2. Article XVIII (Indian River Boulevard - SR 442 Corridor Design Regulations), Section 21-430.06(Minimum Lot Width/Depth) to allow a lot size of 161 x 137 in lieu of the required 200 x 200; 3. Article XVIII (Indian River Boulevard - SR 442 Corridor Design Regulations), Section 21-430.03 (East Village District) and Section 21.430.05 (Landscape Buffer Along Other Side Streets) to allow a buffer of 5.5-feet and 10-feet, respectively, in lieu of the required 20-feet along the west side of the property 4. Article XVIII (Indian River Boulevard - SR 442 Corridor Design Regulations), Section 21-430.03 (East Village District) to allow a building setback back on the west side of 37.2-feet in lieu of the required 40-feet. For property located at the northeast corner of Indian River Boulevard and Alamanda Drive..The MOTION was APPROVED by the following vote: Yes: 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,and Paul Wright Absent: 1- Michael Eichhorn 6. OTHER BUSINESS a. Election of Chairman Mr. Kennedy nominated Chairman Card, second by Mr. McIntosh. The nomination was City of Edgewater Page 4 Printed on 211 112 01 6 Planning and Zoning Board Meeting Minutes February 10,2016 approved by consensus. Yes: 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,and Paul Wright Absent: 1- Michael Eichhorn b. Election of Vice-Chairman Mr. McIntosh nominated Mr. Kennedy, second by Mr. Wright. The nomination was approved by consensus. Yes: 6- George Kennedy,Robert McIntosh,Pat Card,Robert Andrejkovics,David Tyree,and Paul Wright Absent: 1- Michael Eichhorn 7. DISCUSSION ITEMS a. Development Services Director's Report Chairman Card asked about new development. Mr. Lear stated the Lineman College submitted a site plan and is in the review process. He stated staff is looking into ECHO Funds to extend the trail to connect to the sidewalk on 10th Street. Mr. Andrejkovics asked what the enrollment was at the Lineman College. Mr. Wright stated 156 per class, every 15 weeks. Mr. Andrejkovics then asked about housing. Mr. Lear stated housing was being looked into. b. Chairman's Report None at this time. c. Agency Members' Report Mr. Wright stated RiverFest was coming up March 19 and was sold out already. Mr. McIntosh stated there 130 vendors. The Board discussed the design,food court location and activities. & ADJOURN Due to there being no further business, the meeting adjourned at 6:58 p.m. Minutes Respectfully Submitted by: Bonnie Brown Senior Planner City of Edgewater Page 5 Printed on 211112016 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: VA-1602, Version: 1 ITEM DESCRIPTION: David Tyree,requesting a variance from Article V of the Land Development Code for property located at 1611 Umbrella Tree Drive. OWNER: David Tyree REQUESTED ACTION: Variance from Article V, Section 21-52.02(e) to allow the extension of a paver driveway to be located 2.5-feet from the rear property line in lieu of the required 5-feet. LOCATION: 1611 Umbrella Tree Drive AREA: .26± acres PROPOSED USE: Single Family Residential CURRENT LAND USE: Single Family Residential FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-2 (Single Family Residential) VOTING DISTRICT: 2 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Single Family Residence Low Density Residential R-2 (Single Family Residential) East Single Family Residence Low Density Residential R-2 (Single Family Residential) outh Single Family Residence Low Density Residential R-2 (Single Family Residential) West Single Family Residence Low Density Residential R-2 (Single Family Residential) Background:A single family residence was constructed on this property in 1973. The applicant received a variance in 2014 to allow for the driveway to be 3.8-feet from the property line and is now requesting to extend the driveway to allow for easier ingress/egress and turn around to the existing enclosed carport. Land Use Compatibility: The single-family residential use is compatible with adjacent properties. Adequate Public Facilities: The site has access to Umbrella Tree Drive. City water and sewer service is available. Comprehensive Plan Consistency: Policy 1.4.3 of the Future Land Use Element of the Comprehensive Plan states that"If necessary,the City may reduce limitations on infill and redevelopment activities consistent with the land uses and densities indicated on this Plan in situations that will not jeopardize public health,safety or welfare. City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: VA-1602, Version: 1 Other Matters: The Environmental Services Department will require the stormwater runoff to flow to the south without blocking the neighboring property,as this is the historical path of the stormwater runoff. The applicant has been advised of this requirement. Adjacent property owners were notified of a variance request.Staff has received no objections from the property owners. Per the City of Edgewater Land Development Code Section 21-20; the definition of a variance is "a modification of the strict application of site development requirements related to yard setbacks, building height, parking requirements, landscaping, drainage, and/or signage." RECOMMENDED ACTION Motion to approve the variance from Article V,Section 21-52.02(e)to allow for the extension of the paver driveway to be located 2.5 -feet from the property line for property located at 1611 Umbrella Tree Drive with the stipulation that the stormwater runoff must flow to the south without blocking the neighboring property. City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM N �O O� 16�N S� G n� O O� 4_ O� n .�E EDGI W TER ®Subject Pro oa,e:perty.vzvzois t ;. ., M dkk a .. ,a ONT1198 HAI2IQ HAI2lQ HH2I L d 11H21gY�1i1 H 9890DLZTZT auv sommvag(9 30 MRI AI2I�LSF�H OZ S2IHdH2I YGIU0'Y3 NoilvDix- ssd ID �HgWnN dYW t7T0Z` T 6QHWIISS�+ �I IUZ QUOZ3 A2I IXE[H3 CalVC H ` (INV sN9I1D Ag `AlNfl03 VISn'IOA F[SOdzlnd OIEDRdS aNv Xldaris 9890#llHNdd QHQIAO'dd NOI.LdrHDSSC'Ivog I(v 30 SQ2IOomi DIani HM uog Nl v i Hxumi `80£oZI #.A.LLWI I OD H.Lda AHAWISI19I:TUU SXHOM 2I IDELA sdvw 31v-d UH TIMA FIRL of SdHN AHA'dnS £8 a-DVCT £Z xOOg Jvw v illaaam 3oNvunsm aoo'i3 SIH.L 90 MOI VOIJUX-R0 HH.L(£ K[ QgQgpagg Jvw ggd sv 1I9I:d'IId.I.HDISd2IOd Wo2I3 rJMIMS AS .Io3N3H.L S'T VIVIa3Q GN 2333 Ki1 do 1 1,33)1S Q3NI1U3113Q 3N07 aldV NO3NaH NMOHS SURVISICI(Z CON SEMOHS VC1lX07A `£Z I HOZ`6 MdV Qo0'Ij WNI3 ADR'aDV IA L Z QIAVQ I Q2I0032I d0 LFr Id OZ aida AdAUnS dfg:dH1HD .LNHY�Taovmvw gg2 ?IHdH2I SHDNH.LSIQ QNd o lv1 `'1(T xo0'Ig SZI Z QNB'fiZ I Z S,I.O l Al-avd s'ON sd:m ad"IId ADN302I3WH W-UaQ3d :oZ pa t�Ia� SI IBMS?�IZ s �ala �Hd(:SHIOR SWAHAWOS Nolil osEIG TV-DEIII drsaadI,l0IFYNIYJO SVU'2V) HHJJ nl CNV uOAaAuns VMOU Q'3SK331'I v 3O Zvas anslvu'IVNUDIUO auv aunivNols 3HH,LnOH.LIA,(U IVA ION sI uOaHMI aaiDIdna AaAHaS MU X.HNOZ QOo'Id NT sHT"I VHS ioHrgris M/b ,05 1336/1S H1N331N3A3S w o oz� 0 ,oc 101 10 0 04 Q� Non 133-4 NI 37 VOS OlHd b'HJ YArY0 J J0710A) E• zo �I�N�I00 _X0079 ¢� �o oNIX F Q U a, X Z U N IwoCQ Nd' 66SZ#87 MA00a www W OH/ to ONITJ l I� z � a Q �6IIZ J07 Bl17 MOS -�� a z I 031 dHSn77/A 77b'O/HdnWD ION 107 DN/07/ 8-4O 1 5 " Q 30/S HO V3,9 GN V 6(b'3H ONV I N0H-4,01 3H O w S33�d7S 3101Np xaew u01M9PVgg g Al/7110 1oN Ryo( �a z v� 3S//VIH31-L L0 9S37Nn„00,0O,063Hb'S37JNb'1b7d �N o to c (Papn1 jul NO p @ oGOf! ,9 j I v' nz EFT0, 107 (W)„LO,ZO 06 Aon w co 4 (P/ off) J p � r 66�� ` 7 N n- M °, YN`�"oo _ �Hl„8/s c G{I),08't�ZL M„6i�,8So 89S OHl 8 5 Z= Q 00011 ,9 'ONnO-4 l 00 00 69S ONE l -4 z 2 p a (w sZL ow , o 9 N r ?3.raa/� �°� ��;rr��a , tidr�b3 sem, . r a) dd/Al S /3���' �_LA�! �'�,y W O cru Nb'Q� 00 00 E-.11 OLLd 3 0 ° .�e"•.�" ° °° k R AS©� ►Zd! Q)YA z C W ° 1. �, > \` . I `.' �•°wry.,°"K°°°•°�,°•""A••°"° �Y m a z -0 qTv Q) 0, ° rL (JAZ ° i...Zr ° N,° m o �z, ti Lc� Wp - 3 (D ° P O F1�+�y W � I.. : N ( a" L °� "x 0iV07 °oo �, w 0 0 o :- 6,7 gam° X21 �(Z 47T f7 07T7 �� -w (�C�a�a7�' v - V° Jp•L/1T71t'�;1 �O� `moi Q I" ` - n °n 'r �"° v ” C�j // / •t°b!'r"O' 5'. °"".n°'v„b"°9" 77P/ WIN — � U�JUN � U�a•''"2�NN� (W)„5�,9t�68 oafs 'JAIOJ - SFox' ,J �,SI- ges]W�s� Wq ¢ f,.'✓ N,9'oZx ,9'I �� 7/N�ONd3 z �� qnW� gow 000N ,9; ,9,.• ,,; (W)„6#1 CO.06 C �—DNgJ000W 9y°agoo-° y y O w o 000J1 ,9 '9.d 6692# 7 J , 0� �'� �7N9J Q�fI X77 ,1 OH1,8 9 (W) SO SZL JW,6s,89N 970 ,p I (-Pl ON) z 0,9071 (�) < 3„00,00,69N (w)„z#,loo6 aN� -4 o ioNnaJ I (Pa�rrj�)rrI o�� �°wopOW �� �� I C90M 107 1OpO �cz Qoo ZOO °' juw>zP„ x -,oz ON 14zo q z0w �Q°Fo w wo��o�¢ayWo¢��yo I u oN� oFo� u MAY 1336(1 S H1 N331XIS q TWg„tX,�� ��° � �W �° � y� a� VUHH'07-1— {1Nr00 VISE/r 70ri A3i1d IS AHVur'Vi-10+ �aNno-4l o o o .i.N91NHDNamo3 dO.LA9od=Dod /omNNIo9A 3o.LNlod=god /NoISIAIUcns='UflRS /3Dvd=od 1.ooe � o x iw oprN dMN=gN fA009CIHODHUI'lVIDLdd0=UI0 rrTVM7LDMUaLHUIDNOD=MflD/A'R19.LSHAI=A7M/AMaSVH=Al:l/AM=- OS=1C'IS/A'RMU'dON=A'IN /.LSHM=M /1SVJ=3 aMOS=S/H.LUION=N/(INf108OZIHCINfl-D/fl �w w ti �2 0D w Z o /SSBN.LIM=IL)& /HGVZ1O=UZIO /HIOHNVNI=HIN rd"I0HNVINMHLW0N=HI'VRM /.LNIOdSfIIQVd=dd /NOLLVAU13=13 Crd0HD==/AJNH'JNVZJO1NIOd=I.d rdZ UVANfIDAO.i.NIOd=Dd /)rdVLVHDNHe O o AXV'd0,MH.L=w(LL RIHNNOD0NIC1M9=Dg /3A'IVAUUVM=A/M/CINfl0U10UIHURn=O/fl/dNOHd9'I9.L=H'I9.L nVDILU='dA1/3dIdUgHDNODCr9D 1037 M=d0Z1/3dldJVIR'QH.LVDfl H0D--dWJ/1ZIHAM=ANI z /NOLLDHSClR:lO a'LM=SHIN /dRLVM1401HMV3N=Nd4Wr3TII”MULNOON0UDf1ZLLSN0D'IVISV0D=-lDDD/SHJNIlOM- lVdfUVN30.LNHIN.LdVdHOVCHI0rU=UMCrh1 /AaAMSDUgGO&JONtl7tl1SVOOS3.itlIS `9a° CPd.LMl=SE)WDSI1/YYfUVU'1VJLLZ1iJADIUIW1J'1VNOLLVN=WJN /.I.N10d'l0ZIlX0DINHNV)NHHd='d3d/dVDC1NtlU0HN0Ze=DULL 11tl1UVHNUN=(W /(-t`LLVH0lld=(oZld)J0(Zld)rdwVZL�I=UA /NUILVDlALL !lW=Cll 0 /AVM-dO-.LHORI=MRI/dDIIT.ti.UIHdOUid=7/d /U9IV`lf10"1VD=(D)/IVI(ItlUI=UtlUI rddldNOUII=dI/9DNH.3;AII'INM-ID=37DRIHrRIOD3DN33=D3/SIOdZIHMOd=d/d/zrl� mCrv�aA0=IL0 ramr IH.LNaD='UD /SNHGVfINOINHDN3UI3IHUI.LNHrIVNR13d=1NUId /UT3U=(CU aria=(d) /UHUI[1SV3NI=(w) /.LNHWHZIf1StlH<NaTmAeU3.LVILNVISgf1SION=. mod uiDn=dn/CRIOHD=QULO !I-LL'JNH"I='I!S[IIUVUI=ZI > v O> w z y N /HS'IHU=V/1N9Wf1mow H.LHUIDNOD=IND/NDMU H.LHUIDNOD=gD/HAMG DNOD=UD rA TVA1 H.LJNDN00=MD/9.L9HDNOD=DNOD/3DNHC11S9UI=M/9DN94 QOOM=3M MNH330(INH=3H/NOLLDHSH9.LI�g 30 JMOd=ld � X:�x a w c: y °Cu /CINf1U3=C1N3/h1U151A9'1'd.1.H'1gVJ=A1tlD/1NVUlUAHi1N11=H:1/Zl':IN01LI(INUD 2I1N=DV Rl'3111N Ul'.d,1.VM=1NM!d'JN'33UWM Sd.I.UNHU-�-�-0-/;.IDN"d:l'd"1'DS9.LONHU-„-X-x- SNULLV1A921ggV UNV UNi1JH'1 x"11 a w! N q O,a¢O°G 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: AN-1601, Version: 1 ITEM DESCRIPTION: Eric Dubois, applicant,requesting annexation of.24± acres of land located at 125 Hollow Oak Trail. REQUESTED ACTION: Annexation LOCATION: 125 Hollow Oak Trail AREA: .24± acres PROPOSED USE: Single Family Residential CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County R-3W (Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Single Family Residence olusia County Urban Low Volusia County R-3W (Single Intensity Family Residential) East Vacant olusia County Urban Low Volusia County R-3W (Single Intensity Family Residential) South Single Family Residence olusia County Urban Low olusia County R-3W (Single Intensity Family Residential) West Cul de sac olusia County Urban Low olusia County R-3W (Single Intensity Family Residential) Background: This parcel is contains a newly developed single family residence. The applicant is requesting to annex into the City, the Future Land Use and Zoning will be amended simultaneously with the annexation. Land Use Compatibility: The current single family residence is compatible with the surrounding residences within the Redfish Cove subdivision. Adequate Public Facilities: The site has access via Hollow Oak Trail. City water and sewer is available to the property. Comprehensive Plan Consistency: The proposed annexation is compatible with Policy 1.8.2 of the Future Land Use Element,which states "In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible. City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: AN-1601, Version: 1 RECOMMENDED ACTION Motion to send a favorable recon-unendation to City Council for the annexation of.24f acres of land located at 125 Hollow Oak Trail. City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM RY D �O N O P OD R / N G� OMN�OR O OQ 7G O EDGEWATER L ®Subject Property \NGORO DFLPM ate:TMO16 \ 4 � i� i Sy 1 .. ;.f : ,s �'�' _ +ism �� .•' ,.. '�"� *���#ti t _ Ai r 5' L to S 1 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: CPA-1601, Version: 1 ITEM DESCRIPTION: Eric Dubois, applicant, requesting an amendment to the Comprehensive Plan Future Land Use Map to include of.24± acres of land located at 125 Hollow Oak Trail as Low Density Residential. REQUESTED ACTION: Future Land Use Map Amendment LOCATION: 125 Hollow Oak Trail AREA: .24± acres PROPOSED USE: Single Family Residential CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County R-3W (Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Single Family Residence olusia County Urban Low Volusia County R-3W (Single Intensity Family Residential) East Vacant olusia County Urban Low Volusia County R-3W (Single Intensity Family Residential) South Single Family Residence olusia County Urban Low Volusia County R-3W (Single Intensity Family Residential) West Single Family Residence olusia County Urban Low Volusia County R-3W (Single Intensity Family Residential) Background: This parcel is contains a newly developed single family residence. The applicant is requesting to annex into the City, the Future Land Use and Zoning will be amended simultaneously with the annexation. Land Use Compatibility: The current single family residence is compatible with the surrounding residences within the Redfish Cove subdivision. Adequate Public Facilities: The site has access via Hollow Oak Trail. City water and sewer is available to the property. Comprehensive Plan Consistency: The Future Land Use Designation of Low Density Residential is compatible with the surrounding area and is consistent with the Comprehensive Plan. City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: CPA-1601, Version: 1 Volusia County Urban Low Intensity allows up to four(4)dwelling units per acre. Low Density Residential allows up to four(4)dwelling units per acre. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include of.24f acres of land located at 125 Hollow Oak Trail as Low Density Residential. City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM RY D �O N O P OD R / N G� OMN�OR O OQ 7G O EDGEWATER L ®Subject Property \NGORO DFLPM ate:TMO16 \ o S2 o \\_ % � � 0 0 04 2k CL 2 a2 2200 . / CL & ^( / a a � � \ §! � : - QL � 0 \� o �} o d° & 0 � 0 0 & � � e 04 / $ LL � § o CL $ � \ U0 I - � U) a o .� Lij \ 4 � i� i Sy 1 .. ;.f : ,s �'�' _ +ism �� .•' ,.. '�"� *���#ti t _ Ai r 5' L to S 1 County FLU: URBAN LOW INTENSITY Cou ty Zo 0P��R �0 0 v� C my \\' + oning: \�. �..• oun U. 999 '\� �.•�' EDGEWATER ORATED RD 2 ®Subject Property \ CountyFLU: \ oate 1/2 20 6 INCORPORATED ` 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: RZ-1601, Version: 1 ITEM DESCRIPTION: Eric Dubois, applicant, requesting an amendment to the Official Zoning Map to include of .24± acres of land located at 125 Hollow Oak Trail as R-3 (Single Family Residential). REQUESTED ACTION: Official Zoning Map Amendment LOCATION: 125 Hollow Oak Trail AREA: .24± acres PROPOSED USE: Single Family Residential CURRENT LAND USE: Single Family Residence FLUM DESIGNATION: Volusia County Urban Low Intensity ZONING DISTRICT: Volusia County R-3W (Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Single Family Residence olusia County Urban Low Volusia County R-3W (Single Intensity Family Residential) East Vacant olusia County Urban Low Volusia County R-3W (Single Intensity Family Residential) South Single Family Residence olusia County Urban Low Volusia County R-3W (Single Intensity Family Residential) West Single Family Residence olusia County Urban Low Volusia County R-3W (Single Intensity Family Residential) Background: This parcel is contains a newly developed single family residence. Simultaneously with the Zoning Map amendment the parcel is being annexed and the Future Land Use Map is being amended. Land Use Compatibility: The current single family residence is compatible with the surrounding residences within the Redfish Cove subdivision. Adequate Public Facilities: The site has access via Hollow Oak Trail. City water and sewer is available to the property. Comprehensive Plan Consistency: Per Table III-1 (Land Use and Zoning Compatibility) of the Land Development Code R-3 (Single Family Residential)is compatible with the Future Land Use designation of Low Density Residential. City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: RZ-1601, Version: 1 RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include of.24±acres of land located at 125 Hollow Oak Trail as R-3(Single Family Residential). City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM RY D �O N O P OD R / N G� OMN�OR O OQ 7G O EDGEWATER L ®Subject Property \NGORO DFLPM ate:TMO16 \ County FLU: URBAN LOW INTENSITY Cou ty Zo 0P��R �0 0 v� C my \\' + oning: \�. �..• oun U. 999 '\� �.•�' EDGEWATER ORATED RD 2 ®Subject Property \ CountyFLU: \ oate 1/2 20 6 INCORPORATED ` 4 � i� i Sy 1 .. ;.f : ,s �'�' _ +ism �� .•' ,.. '�"� *���#ti t _ Ai r 5' L to S 1 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: AN-1602, Version: 1 ITEM DESCRIPTION: Ray Thompson, authorized agent, requesting annexation of 1.50± acres of land located north of 3232 S. Ridgewood Avenue. OWNER: Bella Vista Baptist Church REQUESTED ACTION: Annexation LOCATION: North of 3232 S. Ridgewood Avenue AREA: 1.5± acres PROPOSED USE: Vacant CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Commercial ZONING DISTRICT: Volusia County B-4 (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Vacant County B-4 (General County Commercial Commercial) East Church Public/Semi-Public PSP (Public/Semi-Public) South Church Public/Semi-Public B-3 (Highway Commercial) West Vacant County R-3 (Single Family County Urban Low Intensity Residential) Background: This parcel is adjacent to and owned by Bella Vista Baptist Church. The parcel the church sits on is within the City Limits. The property is currently vacant with the no proposed changes at this time. Simultaneously with the annexation,the applicant has applied for the Future Land Use Map and Zoning Map amendments. Land Use Compatibility: The proposed commercial designations for this property are compatible with the surrounding area. Adequate Public Facilities: The site has access to S.Ridgewood Avenue. City water and sewer are available to the site. Comprehensive Plan Consistency: The proposed annexation is compatible with Policy 1.8.2 of the Future Land Use Element,which states "In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: AN-1602, Version: 1 annex all enclaves as soon as possible. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the annexation of 1.5f acres of land located north of 3232 S. Ridgewood Avenue. City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM MOOR O r z CHARTER LN NELMSMENLN ROBERTS RD ��N�AD LN vy cn mo 0 0 0 �G ORS D N GG�O 20 JG� 2 �G ADAMS RD .�E EDGEWATER ®Subject Property GK�/V0 t , 4 y• i WOOP v Subject Property � � r r/ r e - v 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: CPA-1602, Version: 1 ITEM DESCRIPTION: Ray Thompson, authorized agent, requesting an amendment to the Comprehensive Plan Future Land Use map to include 1.50± acres of land located north of 3232 S. Ridgewood Avenue as Commercial. OWNER: Bella Vista Baptist Church REQUESTED ACTION: Future Land Use Map amendment LOCATION: North of 3232 S. Ridgewood Avenue AREA: 1.5± acres PROPOSED USE: Vacant CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Commercial ZONING DISTRICT: Volusia County B-4 (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Vacant County B-4 (General County Commercial Commercial) East Church Public/Semi-Public PSP (Public/Semi-Public) South Church Public/Semi-Public B-3 (Highway Commercial) West Vacant County R-3 (Single Family County Urban Low Intensity Residential) Background: This parcel is adjacent to and owned by Bella Vista Baptist Church. The parcel the church sits on is within the City Limits. The property is currently vacant with the no proposed changes at this time. This parcel is currently being annexed into the city and the Zoning Map Designation will also be amended. Land Use Compatibility: The proposed commercial designations for this property are compatible with the surrounding area. Adequate Public Facilities: The site has access to S.Ridgewood Avenue. City water and sewer are available to the site. Comprehensive Plan Consistency: The proposed Future Land Use Designation of Commercial is compatible with the surrounding commercial designations and the existing County designation. City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: CPA-1602, Version: 1 Volusia County Commercial-This designation accommodates the full range of sales and service activities. These uses may occur in self-contained centers, multi-story structures, campus parks, municipal central business districts, or along arterial highways. In reviewing zoning requests or site plans, the specific intensity and range of uses, and design will depend on locational factors, particularly compatibility with adjacent uses,availability of highway capacity,ease of access and availability of other public services and facilities. Uses should be located to protect adjacent residential use from such impacts as noise or traffic. In wellfield protection areas uses are prohibited that involve the use, handling, storage, generation or disposal of hazardous or toxic material or waste or petroleum products. Intensity shall be no more than a fifty-five percent Floor Area Ratio (0.55 FAR) consistent with the applicable underlying zoning classification standards and land development regulations. Commercial development in newly developing areas is designated in nodes at major thoroughfare intersections. Primarily new development should be designed to utilize the shopping center concept and not designed to encourage strip style commercial development.The various types of shopping centers are described in Chapter 20,Definitions under Shopping Centers. However, the Plan recognizes existing strip commercial development along many arterial roadways may remain. These areas are identified on the Future Land Use Map and if the designation is shown on only one side of a roadway,this specifically provides that particular side is intended for commercial use and is not to suggest that the opposite side is also included.Future extension of the strip commercial beyond that shown on the Plan Map shall require a Plan amendment. Existing commercial uses not indicated on the Future Land Use Map may be consistent with the Plan if they comply with Number 16 of the Interpretation Section. City of Edgewater Commercial - The commercial land use category consists of a variety of retail and office uses; such as medical facilities, shopping centers, restaurants, automobile service facilities and similar uses. Typical neighborhood and highway service areas are allowed to build up to a maximum floor area ratio (FAR) of 0.30. Tourist commercial areas can build up to a maximum 0.50 FAR. The majority of commercial development within the City is located along U.S. 1 in a strip pattern. This area contains restaurants, convenience goods stores and neighborhood centers. Another corridor of commercial development is adjacent to the FEC Railroad within the Florida Shores Subdivision. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use map to include 1.50±acres of land located north of 3232 S.Ridgewood Avenue as Commercial. City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM MOOR O r z CHARTER LN NELMSMENLN ROBERTS RD ��N�AD LN vy cn mo 0 0 0 �G ORS D N GG�O 20 JG� 2 �G ADAMS RD .�E EDGEWATER ®Subject Property GK�/V0 t , 4 y• i WOOP v Subject Property � � r r/ r e - v 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: RZ-1602, Version: 1 ITEM DESCRIPTION: Ray Thompson, authorized agent, requesting an amendment to the Official Zoning map to include 1.50± acres of land located north of 3232 S. Ridgewood Avenue as B-3 (Highway Commercial. OWNER: Bella Vista Baptist Church REQUESTED ACTION: Zoning Map amendment LOCATION: North of 3232 S. Ridgewood Avenue AREA: 1.5± acres PROPOSED USE: Vacant CURRENT LAND USE: Vacant FLUM DESIGNATION: Volusia County Commercial ZONING DISTRICT: Volusia County B-4 (General Commercial) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Vacant County B-4 (General County Commercial Commercial) East Church Public/Semi-Public PSP (Public/Semi-Public) South Church Public/Semi-Public B-3 (Highway Commercial) West Vacant County R-3 (Single Family County Urban Low Intensity Residential) Background: This parcel is adjacent to and owned by Bella Vista Baptist Church. The parcel the church sits on is within the City Limits. The property is currently vacant with the no proposed changes at this time. This parcel is currently being annexed into the city and the Future Land Use Map Designation will also be amended. Land Use Compatibility: The proposed commercial designations for this property are compatible with the surrounding area. Adequate Public Facilities: The site has access to S.Ridgewood Avenue. City water and sewer are available to the site. Comprehensive Plan Consistency: Per Table III-1 of the Land Development Code the B-3 (Highway Commercial) zoning designation is compatible with the Future Land Use Designation of Commercial. City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: RZ-1602, Version: 1 The B-3 (Highway Commercial) zoning classification is intended for high volume highway related commercial uses with no minimum parcel size. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendment to the Official Zoning map to include 1.50± acres of land located north of 3232 S. Ridgewood Avenue as B-3 (Highway Commercial). City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM MOOR O r z CHARTER LN NELMSMENLN ROBERTS RD ��N�AD LN vy cn mo 0 0 0 �G ORS D N GG�O 20 JG� 2 �G ADAMS RD .�E EDGEWATER ®Subject Property GK�/V0 t , 4 y• i WOOP v Subject Property � � r r/ r e - v County FLU: COMMERCIAL STARBOARD County FLU: County URBAN LOW Zoning: \� \ \ 'INTENSITY B-4W County Zoning: B-4 County FLU: County FLU: COMMERCIA URBAN LOW INTENSITY v5 0 County Cou ty 1 0 Zoning: Zoning.R-3 14 999 L County LU. U. INCORPORATED County FLU: COMMERCIAL County FLU: .........---- County COMMERCIAL Zoning- County FLU: B-4 URBAN LOW County INTENSITY Zoning:R-3 County FLU: COMMERCIAL ®Subject Property D-1/15/2016 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: AN-1603, Version: 1 ITEM DESCRIPTION: George and Constance Boehmer, owners, requesting annexation of .26± acres of land located at 164 Azalea Road. OWNER: George and Constance Boehmer REQUESTED ACTION: Annexation LOCATION: 164 Azalea Road AREA: .26± acres PROPOSED USE: Single Family Residential CURRENT LAND USE: Single Family Residential FLUM DESIGNATION: County -Urban Medium Intensity ZONING DISTRICT: County R-4W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Single Family Residence County -Urban Medium County R-4W (Urban Single Intensity Family Residential) East Single Family Residence County -Urban Medium County R-4W (Urban Single Intensity Family Residential) South Canal/Single Family County -Urban Medium County R-4W (Urban Single Residence Intensity Family Residential) West Single Family Residence County -Urban Medium County R-4W (Urban Single Intensity Family Residential) Background: A single family residence was constructed on this property in 1973; there are no proposed changes to the property at this time. The applicant is requesting annexation as well as amendments to the Future Land Use and Zoning Map. The property is within the Interlocal Service Boundary Agreement area mutually adopted by Volusia County and the City. Land Use Compatibility: The single-family residential use is compatible with adjacent properties. Adequate Public Facilities: The site has access to Azalea Road. City water service is available. Comprehensive Plan Consistency: The proposed annexation is compatible with Policy 1.8.2 of the Future Land Use Element,which City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: AN-1603, Version: 1 states "In order to reduce land use conflicts and for efficient public service provision, the City shall investigate and, where feasible, annex all enclaves as soon as possible. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the annexation of.26f acres of land located at 164 Azalea Road. City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM GOO�RE�RO PZ F�PM�NG0 RD G 35 RD .�E EDGEWATER ®Subject Property oate:1/2 20 6 Vis+• � .� r t Ap d� to, L 4 1E,DGEWATER r Subject Propeq 1 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: CPA-1603, Version: 1 ITEM DESCRIPTION: George and Constance Boehmer, owners, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .26± acres of land located at 164 Azalea Road as Medium Density Residential. OWNER: George and Constance Boehmer REQUESTED ACTION: Future Land Use Map Amendment LOCATION: 164 Azalea Road AREA: .26± acres PROPOSED USE: Single Family Residential CURRENT LAND USE: Single Family Residential FLUM DESIGNATION: County -Urban Medium Intensity ZONING DISTRICT: County R-4W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Single Family Residence County -Urban Medium County R-4W (Urban Single Intensity Family Residential) East Single Family Residence County -Urban Medium County R-4W (Urban Single Intensity Family Residential) South Canal/Single Family County -Urban Medium County R-4W (Urban Single Residence Intensity Family Residential) West Single Family Residence County -Urban Medium County R-4W (Urban Single Intensity Family Residential) Background: A single family residence was constructed on this property in 1973; there are no proposed changes to the property at this time. The annexation and Zoning Map amendment will be completed simultaneously. The property is within the Interlocal Service Boundary Agreement area mutually adopted by Volusia County and the City. Land Use Compatibility: The single-family residential use is compatible with adjacent properties. Adequate Public Facilities: The site has access to Azalea Road. City water service is available. Comprehensive Plan Consistency: The designation of Medium Density Residential is compatible with the surrounding area and is City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: CPA-1603, Version: 1 consistent with the Comprehensive Plan Future Land Use Element. Volusia County Urban Medium Density Residential-Areas that contain residential development at a range of greater than four(4)to eight (8) dwelling units per acre. The types of housing typically found in areas designated urban medium intensity include single family homes,townhouses and low-rise apartments. City Medium Density Residential-Allows up to eight(8)dwelling units per acre. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendment to the Comprehensive Plan Future Land Use Map to include .26f acres of land located at 164 Azalea Road as Medium Density Residential. City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM GOO�RE�RO PZ F�PM�NG0 RD G 35 RD .�E EDGEWATER ®Subject Property oate:1/2 20 6 IIp,1� I�I �I Vis+• � .� r t Ap d� to, L 4 1E,DGEWATER r Subject Propeq 1 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: RZ-1603, Version: 1 ITEM DESCRIPTION: George and Constance Boehmer, owners, requesting an amendment to the Official Zoning Map to include .26± acres of land located at 164 Azalea Road as R-3 (Single Family Residential) OWNER: George and Constance Boehmer REQUESTED ACTION: Zoning Map Amendment LOCATION: 164 Azalea Road AREA: .26± acres PROPOSED USE: Single Family Residential CURRENT LAND USE: Single Family Residential FLUM DESIGNATION: County -Urban Medium Intensity ZONING DISTRICT: County R-4W (Urban Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Single Family Residence County -Urban Medium County R-4W (Urban Single Intensity Family Residential) East Single Family Residence County -Urban Medium County R-4W (Urban Single Intensity Family Residential) South Canal/Single Family County -Urban Medium County R-4W (Urban Single Residence Intensity Family Residential) West Single Family Residence County -Urban Medium County R-4W (Urban Single Intensity Family Residential) Background: A single family residence was constructed on this property in 1973; there are no proposed changes to the property at this time. The annexation and Future Land Use Map amendment will be completed simultaneously. The property is within the Interlocal Service Boundary Agreement area mutually adopted by Volusia County and the City. Land Use Compatibility: The single-family residential use is compatible with adjacent properties. Adequate Public Facilities: The site has access to Azalea Road. City water service is available. Comprehensive Plan Consistency: Per Table III-1 (Land Use and Zoning Compatibility) the Zoning designation of R-3 (Single City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: RZ-1603, Version: 1 Family Residential)is compatible with the Future Land Use designation of Medium Density Residential RECOMMENDED ACTION Motion to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include .26f acres of land located at 164 Azalea Road as R-3(Single Family Residential). City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM GOO�RE�RO PZ F�PM�NG0 RD G 35 RD .�E EDGEWATER ®Subject Property oate:1/2 20 6 County FLU: URBAN LOW County INTENSITY Zoning: 999 ��RO GOunty FL /< BAN MEDT / INTENSITY / my / County FLU: TERW// / URBAN FLU: INCORPORATED EDIUM EPR County FLU: URBAN MEDIUM INTENSITY f r Cou ••/• ORD •/.. .,�my F / /YIRBAN D/UM/•• IN St . /'• U. / /.• /� N\�\SG05 RD .�E EDGEWATER ®Subject Property oate:1/2v2016 Vis+• � .� r t Ap d� to, L 4 1E,DGEWATER r Subject Propeq 1 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: AB-1601, Version: 1 ITEM DESCRIPTION: The City of Edgewater requesting to abandon/vacate a portion of Park Street. OWNER: City of Edgewater REQUESTED ACTION: Abandon/Vacate a portion of the 50-foot unimproved right of way know as Park Street and retaining a 13-foot utility easement. LOCATION: South of 35th Street, north of the Washington Park subdivision PROPOSED USE: Single Family Residential CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-3 VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Single Family Residential Low Density Residential R-2 East Vacant Low Density Residential R-3 South Vacant Low Density Residential R-3 West Single Family Residential Low Density Residential R-2 Background The Washington Park Subdivision, Part VI was platted in October 1926 and the majority of which has not been developed. At the time,the owner/developer platted Park Street which lies south of 35t'Street. The City has no desire/need for the unopened portion of Park Street and therefore wishes to abandon/vacate the fifty (50) foot wide unopened right-of-way known as Park Street, however, the City requires a thirteen (13) foot wide utility easement on the northern most portion of the unopened portion of Park. The abandoned/vacated portion of the street will be vested to the property owners to the south of said street,with the city retaining a 13- foot utility easement. Land Use Compatibility: The proposed development of single family homes is compatible with the surrounding area (Florida Shores) Adequate Public Facilities: The sites have access via 35t'Street.City water and sewer are available. Comprehensive Plan Consistency: The abandonment/vacation of the Park Street will allow for access to the Washington Park subdivision and the construction of new single family homes,therefore promoting infill development. City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: AB-1601, Version: 1 RECOMMENDED ACTION Motion to send a favorable recon-unendation to City Council for the abandonment/vacation of Park Street. City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM �� OR � -ERnSE QP�M�R r ' fi�� 3 a - M ollf- COD dip, ORP in 4 n qty + t• k N M Ln 14. Qs va =W. •Ski •+S',� ' �'} � � " t '{� � Oi - � '� � F�{ � 1� R O + QvfEN P PQM � � � ' � � y � � � tw Dt WErr DGE A VE F ] OR PL Rpt P�QM b ` 17 41 L3 m - s � R * a � � t } 4 �. 4 * C �. • k �.} 0 M OR w ' R ,t t w ti v Ma W-lVd SM3-13A VM-L TRAVELERS PA1-M DR cn 00 �N vMORE v Q s W o W9 p W _T U ¢` 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: ABA 602, Version: 1 ITEM DESCRIPTION: The City of Edgewater requesting the abandonment/vacation of the planting buffers within Florida Shores OWNER: City of Edgewater REQUESTED ACTION: Abandon/Vacate the planting buffers within the Florida Shores subdivision and retain a seven-foot(7') wide utility easement between 35th Street and Park Street LOCATION: South of 35th Street, north of the Washington Park subdivision PROPOSED USE: Single Family Residential CURRENT LAND USE: Vacant FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-3 (Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use L UM Designation Zoning District North Single Family Residential Low Density Residential R-2 (Single Family Residential) East Vacant Low Density Residential R-3 (Single Family Residential) South Vacant Low Density Residential R-3 (Single Family Residential) West Single Family Residential Low Density Residential R-2 (Single Family Residential) Background The owner/developer of the Florida Shores subdivision platted planting buffers within the subdivision; the City has no desire/need for the planting buffers. However, the City requires a seven (7) foot wide utility easement between 35th Street and the unopened portion of Park Street which is currently platted as a planting buffer. The subject property will vest in the property owners on the southern side of the abandoned/vacated unimproved right-of-way known as Park Street, free and clear of any rights of the City,with the exception of a seven(7) foot wide utility easement which the City shall reserve and retain. Land Use Compatibility: The proposed development of single family homes is compatible with the surrounding area(Florida Shores) Adequate Public Facilities: The site has access via 35th Street. City water and sewer are available. Comprehensive Plan Consistency: The abandonment/vacation of the planting buffer will allow for access to the Washington Park subdivision and the construction of new single family homes, therefore promoting infill City of Edgewater Page 1 of 2 Printed on 3/3/2016 powered by LegistarTM File #: AB-1602, Version: 1 development. RECOMMENDED ACTION Motion to send a favorable recommendation to City Council to abandon/vacate the planting buffers within Florida Shores. City of Edgewater Page 2 of 2 Printed on 3/3/2016 powered by LegistarTM Y > t- Mm-WE � �� �_ t r aim►►___ _���� �i'ii��p ISM ��T♦ moi`�O►►►►►�1►►►►X411► � . tv�Q►►,ov �� SW m Noll ♦�♦♦♦,,=i=_ ==.1. �♦♦♦�♦�♦♦♦/ :^'�.� ♦�♦♦off♦\\♦♦;��\\��♦♦♦♦: Pot loll Ill.AN ■ 11111 ♦♦ .♦ �■ �� I1111111� , ♦♦ ♦♦ ••' \♦� ♦�����♦ ♦♦♦ ♦♦ ♦♦♦ ♦♦ ♦♦♦ ♦♦ ♦ ■���.♦♦�%.���`',.�j.■.■■� 111 Iull ♦♦ ♦� ♦\♦, 1111 I�uuu�n _ `♦ ♦♦ ♦♦ � i \♦ . 0♦ \♦ ♦ ♦ 1111� � \111111111�_—: ::°: ; ♦ ♦♦♦�♦♦♦♦p•��� ��\♦ • ' ♦♦♦♦ \\♦♦`♦♦♦♦ ♦♦♦♦♦♦♦♦ ♦♦♦�♦♦♦♦ ♦♦♦♦♦♦♦• ♦♦♦,♦ ♦♦♦ ♦♦ ♦♦♦♦ ♦♦,'�I /I - ♦♦ ♦ ♦♦ ♦ ♦MW NOORIff � ♦� ♦� ♦♦ ♦� �� ♦ ♦� ♦ O ♦ ♦♦ ♦♦ ♦ ♦ ♦♦ ♦♦ ♦♦ ♦♦♦ ♦♦♦♦ ♦♦♦ ♦♦♦ ♦♦ ♦♦♦ ♦♦ ♦♦♦ ♦♦♦♦ ♦♦ ♦♦♦ ♦ ♦♦ ♦ ♦♦ ♦♦ ♦ ♦ ♦♦♦ ♦♦ ♦♦♦ ♦♦♦♦♦�♦ ♦♦ • ♦♦♦♦♦♦♦ ♦♦♦♦ ♦♦� ♦♦ ♦♦♦ ,♦♦♦♦♦♦�♦;♦♦♦♦♦O♦♦♦ ♦♦♦;♦♦♦ ♦♦♦♦♦�♦♦♦ ♦♦♦♦�j♦� ♦♦♦► ♦♦�:,,.., ♦♦ moi• ♦♦► ♦♦♦ ♦♦ ♦♦♦ ♦ ♦♦� ♦♦��♦� ♦♦♦ ♦♦♦ ►♦�`♦♦♦♦ �♦♦♦♦♦♦♦ ♦� ILI IVA ���;♦♦♦.���♦♦♦;♦���♦♦► ♦♦♦♦��♦�♦♦♦♦��♦♦�♦\♦�♦♦♦;♦♦♦♦♦�♦♦�♦♦�♦♦♦�♦♦♦�♦♦♦♦ ♦♦�♦ice♦.„»��♦,�♦♦♦♦ ♦♦♦�♦♦♦♦♦♦►♦♦♦♦♦♦♦ ♦♦♦♦ ♦♦♦♦ ♦♦♦ ♦♦♦ ♦♦♦♦♦♦ ♦���♦ ♦♦♦♦ ♦♦ ♦ ♦♦ ♦♦ ♦♦ ♦ ♦�i•� ♦♦� ♦♦♦ ♦ ♦�♦ ♦ O ♦� IV 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: TA-1601, Version: 1 ITEM DESCRIPTION: Land Development Code (LDC) text amendment to Article III (Permitted, Conditional, Accessory and Prohibited Uses) APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Amend Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the LDC for the inclusion of language regarding the placement of Asphalt/Concrete Batch Plants. Background: The proposed amendments establish the permitted locations and detail the restriction, setbacks, etc. for new permanent and temporary batch plants. OTHER MATTERS:There will be two (2)public hearings at City Council for the proposed amendment. STAFF RECOMMENDATION Staff recommends sending a favorable recommendation to City Council for the amendment to the Land Development Code. MOTION Motion to send a favorable recommendation to City Council for the amendment to the Land Development Code City of Edgewater Page 1 of 1 Printed on 3/3/2016 powered by LegistarTM ARTICLE III PERMITTED, CONDITIONAL,ACCESSORY AND PROHIBITED USES SECTION 21-30—GENERAL PROVISIONS ....................................................................III-1 21-30.01 —Purpose................................................................................................................III-1 21-30.02—District Boundaries..............................................................................................III-1 21-30.03 —Application of Districts .......................................................................................III-2 21-30.04—Official Zoning Map............................................................................................III-2 21-30.05 —Comprehensive Plan Consistency .......................................................................III-3 SECTION 21-31 —COMPREHENSIVE PLAN RELATIONSHIP...................................III-3 21.31 —Table III-I ............................................................................................................III-4 SECTION 21-32—ZONING DISTRICT DESCRIPTIONS...............................................III-4 21-32.01 —Zoning District Descriptions ...............................................................................III-4 21-32.01 —Table III-2............................................................................................................III-5 SECTION 21-33 —USES AND RESTRICTIONS...............................................................III-6 21-33.01 —Purpose................................................................................................................III-6 21-33.02—Permitted Uses.....................................................................................................III-6 21-33.03 —Conditional Uses .................................................................................................III-6 21-33.04—Accessory Uses....................................................................................................III-6 21-33.05 —Table III-3............................................................................................................III-7 SECTION 21-34— SPECIAL USE REQUIREMENTS.................................................... III-12 21-34.01 —Home Occupations ............................................................................................III-12 21-34.02— Community Residential Homes (CRH).............................................................III-14 21-34.03 —Institutional Residential Homes (also referred to as ALF's).............................III-15 21-34.04—Salvage Yards....................................................................................................III-15 21-34.05 —Refuse and Dumpsters.......................................................................................III-16 21-34.06—Kennels..............................................................................................................III-16 21-34.07—Mini-warehouses ...............................................................................................III-17 21-34.08—Bed& Breakfasts...............................................................................................III-18 21-34.09—Nursing Homes..................................................................................................III-18 21-34.10—Residential Pf:af ssia a Ofr;eosAsphalt/Concrete Batch Plants ......................III-18 21-34.11 —Residential Professional Offices III-18 SECTION 21-35—PROHIBITED USES........................................................................III-2049 21-35.01 —Alcoholic Beverages......................................................................................III-204-3 Article III i Rev.4/6/15(Land Development Code) SECTION 21-36—ACCESSORY USE REQUIREMENTS.........................................III-204-9 21-36.01 —Purpose..........................................................................................................III-2041 21-36.02—General Regulations ..........................................................................................III-20 21-36.03 —Outdoor Storage and Display: Commercial/Industrial..................................III-222-4- 21-36.04—Satellite Dishes and Antennas .......................................................................III-2322 21-36.05 —Places of Worship— Schools/Child Care.......................................................III-2424 21-36.06—Boathouses.....................................................................................................III-2424 21-36.07—Boat Docks and Slips.....................................................................................III-25-24 21-36.08—Boats as Dwelling Units................................................................................III-25-24 21-36.09—Canopies/Temporary Carports and Tents......................................................III-25-24 21-36.10—Swimming Pools............................................................................................III-2625 SECTION 21-37—SPECIAL ACTIVITY/PERMIT REQUIREMENTS...................III-28N 21-37.01 —Purpose/Scope ...............................................................................................III-282-7 21-37.02—Definitions.....................................................................................................III-282-7 21-37.03 —Special Activity Permit Requirements ..........................................................III-2924 21-37.04—Special Activity Permit Application Process ................................................III-3021 21-37.05 —Special Activity Permit Criteria ....................................................................III-3021 21-37.06—Temporary Structures....................................................................................III-3139 21-37.07—Inspections to Ensure Compliance ................................................................III-3139 21-37.08—Penalties.........................................................................................................III-3139 21-37.09—Exceptions .....................................................................................................III-323 SECTION 21-38 —FENCES,WALLS and HEDGES...................................................III-3234 21-38.01 —Purpose..........................................................................................................III-3234 21-38.02—General Requirements...................................................................................III-323-1 21-38.03 —Site Triangle Requirements...........................................................................III-333-2 SECTION 21-39—PAIN CLINICS.................................................................................III-35-34 21-39.01 —Purpose..........................................................................................................III-3534 21-39.02—General Requirements...................................................................................III-3534 Article III ii Rev.4/6/15(Land Development Code) ARTICLE III PERNHTTED USES, CONDITIONAL USES, ACCESSORY USES AND PROHIBITED USES SECTION 21-30—GENERAL PROVISIONS 21-30.01 —Purpose In addition to the intent and purposes listed in Section 21-30, the various zoning districts established herein are intended to: a. Establish the permitted, prohibited, conditional and accessory uses allowed for each parcel; and b. Provide for equal protection of property rights of each parcel of land without regard for its classification; and c. Streamline the land development decision process to the maximum extent possible; and d. Provide reasonable opportunities for the provision of telecommunication facilities; and e. Control the placement of signage to preserve property values and enhance the aesthetic character of the City; and f. Prevent cut-through traffic in residential neighborhoods to the maximum extent possible. 21-30.02 —District Boundaries Zoning districts are depicted as shown on the Official Zoning Map of the City of Edgewater, Florida, as revised at the effective date of this Code, and made a part of the Article by reference. When uncertainty occurs as to boundaries of zoning districts on the Official Zoning Map, the following rules shall apply: a. Boundaries are depicted to follow the centerline of streets, highways, alleys, or other public right-of-ways and shall be construed to follow such lines; b. Boundaries are depicted to follow platted lot lines, section lines, or tract lines and shall be construed as following such lot lines; c. Boundaries are depicted to follow political boundaries and shall be construed as following such political boundaries; Rev. 4/6/15 (Land Development Code) III-1 d. Boundaries are depicted to follow railroad right-of-ways and shall be construed to be the center line of the railroad right-of-way; e. Boundaries are depicted to follow shorelines and shall be construed to follow such shorelines even if the shorelines change; f. Boundaries are depicted to follow the center lines of canals and shall be construed to follow such center lines; g. Boundaries shown to be parallel to the center line of streets, or the center line or right-of-way line of highways, such district boundaries shall be construed as being parallel thereto and such distance therefrom as indicated on the zoning maps. If no distance is given, such dimension shall be determined by measuring from the Official Zoning Map; h. Where a public road, street or alley is officially vacated or abandoned, the location of the zoning district boundaries shall be the center line of the vacated right-of-way; i. Where physical or cultural features existing on the ground are different from those shown on the Official Zoning Map, or in case any other uncertainty exists, the Development Services Director/Planning Director shall interpret the intent of the Official Zoning Map as to the location of district boundaries. 21-30.03 —Application of Districts Except as provided in Section 21-71 — Non-Conforming Uses, the enlargement, alteration, conversion, relocation, rehabilitation, or reconstruction of any structure or building shall be in accordance with regulations of the district in which said structure or building is located as well as all applicable regulations of this Article. All use of land and/or water shall be done so only in accordance with the applicable requirements of this Article. 21-30.04—Official Zoning Map a. The City of Edgewater is hereby divided into zoning districts and shown on the Official Zoning Map as amended by the City Council. The Official Zoning Map shall be identified by the signature of the Mayor, attested by the City Clerk and bearing the seal of the City under the following words: "This is to certify that this is the Official Zoning Map referred to in Chapter 21, of the Code of Ordinances." b. No changes shall be made in the Official Zoning Map except as provided herein in Article IX. Any unauthorized change of any kind by any person, or persons, shall be considered a violation of this Article and be subject to the applicable enforcement provisions described in Article X. Rev. 4/6/15 (Land Development Code) III-2 c. Regardless of the existence of copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be maintained in the official records of the City. d. In the event that the Official Zoning Map becomes damaged, destroyed, lost, or difficult to interpret because of the nature of number of changes and additions, the City Council shall adopt a new Official Zoning Map. 21-30.05 —Comprehensive Plan Consistency The regulations contained herein are consistent with and implement the Comprehensive Plan policies contained in the Future Land Use Element, Housing Element, Coastal Element and Conservation Element. SECTION 21-31 —COMPREHENSIVE PLAN RELATIONSHIP Table III-1 shows which zoning categories are consistent with and implement the land use categories in the Comprehensive Plan, particularly the Future Land Use Map (FLUM). (See Page III-4) Rev. 4/6/15 (Land Development Code) III-3 TABLE III-1 LAND USE AND ZONING COMPATIBILITY Future Land Use Desi nation Compatible Zoning Districts Low Density Transition RT 1.0 DU/net acre Low Density Residential R-1, R-2, R-3, RPUD, RP, RT 1.0 to 4.0 DU/net acre Medium Density Residential R-3, R-4, RPUD, MH-1, MH-2 4.1 to 8.0 DU/net acre High Density Residential R-5, RPUD 8.1 to 12.0 DU/net acre Commercial B-2, B-3, B-4, BPUD Industrial I-1, I-2, IPUD Recreation CN, RT, AG, R-1, R-2, R-3, R-4, R-5, RPUD, RP, MH-1, MH-2, B-2, B-3, B-4, BPUD, I-1, I-2, IPUD, P/SP, R, EC, CC Public/Semi-Public CN, AG, P/SP, R Conservation CN, P/SP, R Agriculture AG, R Minimum 1 DU/2.5 net acre Mixed Use RPUD, BPUD, IPUD, MUPUD, EC, CC Minimum 15 acres; to 12 DU/net acre Sustainable Community Development SCD/PUD See SCD Sub-Element of the City of Edgewater Comprehensive Plan DU =Dwelling Units SECTION 21-32 —ZONING DISTRICT DESCRIPTIONS 21-32.01 —Zoning District Descriptions Table III-2 summarizes the principal purpose for each zoning category. The minimum parcel sizes are provided where applicable. (See Page III-5) Rev. 4/6/15 (Land Development Code) III-4 TABLE III-2 ZONING DISTRICT DESCRIPTIONS Zoning District Title Category Purpose and General Description Conservation CN Protection of wetlands,aquifer recharge&environmentally sensitive areas. Rural Transitional RT Provide for limited agriculture and provide for a transition between rural and residential land uses—min. 1 acre lot. SF Residential R-1 Single family residential—(1.0 to 4.0 units/net acre)min. 12,000 sq.ft.lot. SF Residential R-2 Single family residential—(1.0 to 4.0 units/net acre)min. 10,000 sq.ft.lot SF Residential R-3 Single family residential— 1.0 to 4.0 units/net acre min.8,625 lot. MF Residential R-4 Medium density residential(4.1 to 8.0 units/net acre)—single family,duplex, apartments,and townhouses. MF Residential R-5 High density residential(8.1 to 12.0 units/net acre)—single family,duplex, apartments,and townhouses. Recreation R This zoning category includes parks and recreation facilities owned by the City, as well as recreation facilities located at area schools that are under lease to the City. This category includes land committed to both active and passive recreational uses. Residential Planned Unit RPUD Intended for mixed residential,personal service and limited retail commercial Development with a single development plan. Residential Professional Office RP Intended for office professional along SR#442 and a rezoning must be accompanied by a site plan. Mobile Home Park MH-1 Medium density residential(5.1 to 8.0 units/acre).Provide for mobile home parks —min.5 acre parcel See Sec.21-71 for Non-Conforming Parks). Manufactured Home Subdivision MH-2 Medium density residential(5.1 to 8.0 units/acre). Provide for manufactured home subdivisions—min.50 acre parcel. Neighborhood Business B-2 Intended for retail goods and services for frequent residential needs—min. 10,000 sq.ft. Public/Semi-Public P/SP Consists of public facilities and private not-for-profit uses such as churches, schools,and cemeteries. All other public lands and facilities,including but not limited to,government offices,post offices,hospitals,utility sub-stations,water and wastewater treatment plants,fire stations,and libraries are also included in this category. Highway Business B-3 Intended for high volume highway related commercial uses—no min.parcel size. Tourist Commercial B-4 Intended for short term waterfront accommodations for visitors and accessory uses,may include residential mixed use—min.2 acres. Business Planned Unit BPUD Intended for mixed commercial and limited multifamily residential with a single Development development plan Light Industrial I-1 Intended for storage,light manufacturing,wholesaling and distribution uses and adult entertainment—no min.parcel size. Heavy Industrial I-2 Intended for heavy manufacturing uses—no min.parcel. Industrial Planned Unit IPUD Intended for mixed industrial and limited commercial with a single development Development plan. Agriculture AG Intended for general agriculture uses—min.2.5-acre parcel—temporary or hold zoning intended for future urban development. Employment Center/Community EC/CC Intended to allow a mix of uses to satisfy varying degrees of intensity and Center balance the residential and non-residential needs of the City. Mixed Use Planned Unit MUPUD Intended for innovative mixed use developments to include,but not be limited to Development commercial,light industrial and residential. Sustainable Community SCD/PUD See SCD Sub-Element of the City of Edgewater Comprehensive Plan. Development/Planned Unit Development Rev. 4/6/15 (Land Development Code) III-5 SECTION 21-33—USES AND RESTRICTIONS 21-33.01 —Purpose This portion of Article III depicts the permitted, conditional and accessory uses by zoning district using the matrix format. The footnotes in Table III-3 refer to any applicable special criteria for that use in the particular zoning district and are described in Section 21-34 of this Article. If a use is not present in a given square in the matrix, that use is not permitted in that zoning district. Changes to the list of uses, the zoning districts and/or the permitted, conditional or accessory use status of a given land use can only be changed by completing the Land Development Code amendment process described in Article IX. 21-33.02—Permitted Uses The use depicted as "P" in the matrix (Table III-3) means that it is permissible in that zoning district as a matter of right, subject to satisfactory compliance with the project design standards found in the Land Development Code and any applicable site plan review requirements in the Land Development Code. The list of permitted uses cannot be all inclusive. The uses described in Table III-3 shall be interpreted by the Development Services Director/Planning Director to include other uses that have similar impacts to those listed. Any dispute or request regarding interpretations shall be resolved by the City Manager subject to an appeal to the City Council. All permitted uses or businesses requiring business tax receipts shall operate from within a permanent structure. 21-33.03 —Conditional Uses The use depicted as a "C" in the matrix (Table III-3) means that it is permitted in that zoning district only after satisfactory completion of the conditional use process described in Article IX or the satisfactory completion of a Planned Unit Development. Satisfactory compliance with the applicable project design standards described in Article V and the concurrency requirements described in Article XI must also be achieved prior to commencement of a project. 21-33.04—Accessory Uses The use depicted as an "A" in the matrix (Table III-3) means a use that is incidental, related, appropriate and clearly subordinate to the existing principle permitted use. Rev. 4/6/15 (Land Development Code) III-6 § \ u u u u u u u u u u u u u u u o u u u u u y / ul . . . . . . / u u u u u u u u ) e 2 c c = c = / W - P. u e u a e e P. e * e u o = e e � > u u u u u u o u u u u u W \ e e e e u = = u e e = e e e e e m / U M U _ p — � / / O m U i Q H 2 - e e / \ � u e e G a y § u \ \ 0 \ � \ & - � } r � \ - \ ® )C, )\ \ 11 Q U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U U Ci U U U U U U U U U U U U U U U U U W P. � P. U U U U U U Uz. U U U 0 N U - - P. P. P. 0. P. Cl- U U Oy P. U U U o U U 0. U 0. U 0. U U a 0. U w U U U U U U U :J :J :J U U U U U U U U U U U P. U Q U U U U M d d 0. P. P. P- U Oy P. P. U U P. P. P. P. P. P. �] Pa W N , 0. P. U P. P. G G G G G G U O U M M AU N U U 0. U U U U o *4 u V U U U U U Z Q U U U C U :J U U U U U � N a Z U U O U U U U U A w N U U U U U N z U � U � _o _ _ Q N N � U o � �j 0 U bt 10 W 10 0 F v o i 33 o w Q `n P. w P. x x QU U U U U U U U U U U U U d U U U U U U U U U U U U U U U U U U U U U U U U d U U U U U U U U U U U U U U U U U U U U d U U U U U U U U U U U U U Q U U U U U U W 0. P. � q U U U d U U U U U U N U0. U Q U Q U :.i P. P. P. P.1 L W U0.1 L < d U U c c c I� q �:) UU U U U U U U U U U U d U U U :J :J :J U U U U d d Q d U U U � Pa U Q 0. 0. 0. U U 0. W U U U U a a a U H dU I-� N M I A ¢ c Q ¢ d U d U W U U 7� Z U q �:), U U U U U U U U U U U U d U U U U O a P- P. P. P. P. P. P. P. cli < `i M o A 05 S-i P� P. d P. H � H 0. U U 0. U a Q z u � o Q 0. P. P. 0. Q P. U 0. P. U N N F ° o U 'n d � N � bc tc U U ca ca a tc a U o o C7 0 Qtc r W o b o o b d o o 3j o o C TABLE III-3 FOOTNOTES The sections cited below identify special requirements for the listed land uses and are found on the following pages. In addition, many of the proposed projects must also comply with the requirements of Article IV — Natural Resource Protection, Article V — Site Design Criteria, Article VI — Signs and Article XVIII - Indian River Boulevard — S.R. 442 Corridor Design Regulations. 1. See Satellite Dishes, Section 21-36.04 — Dishes greater than 39 centimeters in diameter are required to obtain a building permit and otherwise conform to the site development criteria. 2. See Telecommunications, Article XII for details. 3. See Bed& Breakfast, Section 21-34.08 for details. 4. See Kennels/Boarding, Section 21-34.06 for details. 5. See Mini-Warehouses, Section 21-34.07 for details. 6. See Nursing Homes, Section 21-34.09 for details. 7. See Outdoor Storage, Section 21-34.04 and 21-36.03 for details. 8. See Community Residential Homes, Section 21-34.02 for details. 9. Limited to 6 or less, residents and no closer than 1000 feet to another Family Residential Home. 10. See Institutional Residential Homes, Section 21-34.03 for details. 11. Multifamily residential is permitted in BPUD only as part of a single business/residential development plan—See Article V, Section 21-57 for details. 12. See Salvage Yards, Section 21-34.04 for details. 13. Residential Professional offices may be permitted as a conditional use in the R-2 district for certain properties abutting State Road 9442. See Section 21-34.411 for details. Rev. 4/6/15 (Land Development Code) III-10 14. No artificial lights or recreational activity within 25 feet of the perimeter of the property line shall be permitted adjacent to residential property. 15. Places of Worship— Schools/Child Care, see Section 21-36.05 for details. 16. Attached and detached aircraft hangars permitted in residential districts adjacent to airport taxiways. 17. Outside application of flammable finishes and/or environmentally sensitive finishes (spray painting) is strictly prohibited. 18. State license required. 19. Mining/Excavation is defined as the exploration for or extraction of surface or subterranean compounds; which shall include oil and gas exploration and production, and the mining of metallic and non-metallic minerals, sand, gravel, fill dirt, and rock. 20. Adult Entertainment is permitted in the I-1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. 21. Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios are permitted in the I-1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. This section shall not apply to any existing Internet/Sweepstakes Cafe locations, in operation and in compliance with chapter 205 and 849 Florida Statute, and Pawn Shops and Tattoo Parlors/Body Piercing Studios in compliance with Florida Statute at the time of the passage of this ordinance, or has submitted an application to the City for relocation prior to the passage of this ordinance and said application is subsequently approved by the City. Such use may be continued within the present zoning category as a nonconforming use subject to all restrictions, limitations and requirements set forth in Article VII, Land Development Code, and all other applicable provisions of the Code of Ordinances. However, any change in ownership will remove said business or operation from this exception. Change in ownership in the case of a partnership or corporation, for the purpose of this section only, means more than fifty percent change in partners or shareholders from the partners or shareholders owning the partnership or corporation as of the date of passage of this ordinance. For purposes of any Internet/Sweepstakes Cafe deemed a non-conforming use as described above, the provisions of Article VII, Land Development Code pertaining to expansion and relocation shall be modified to allow the non-conforming use to continue if expanded or relocated on a one-time basis within the present zoning category if 1) the Internet/Sweepstakes Cafe deemed a nonconforming use dedicated less than 25% of its square footage to internet/sweepstakes activity in the original location prior to the expansion or relocation, and 2) the Internet/Sweepstakes Cafe dedicates less than 25% of its square footage to internet/sweepstakes activity after the expansion or relocation. Rev. 4/6/15 (Land Development Code) III-11 a. No person or entity shall propose, cause or permit the operation of, or enlargement of Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios that would or will be located within, 1,000 feet of a preexisting Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios, within 500 feet of a preexisting commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption, within 500 feet of a preexisting religious institution, within 500 feet of a preexisting park, or within 2,500 feet of a preexisting educational institution. In this subsection the term "enlargement" includes, but is not limited to, increasing the floor size of the establishment by more than ten percent. b. In addition to the distance requirements set forth in the subsection above, Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios shall not be allowed to open anywhere except in the I-1 district (with the exception of parcels having frontage on Park Avenue) where Internet/Sweepstakes Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios are an expressly permitted use. C. The aforementioned distance requirements are independent of and do not supersede the distance requirements for alcoholic beverage establishments which may be contained in other laws,rules, ordinances or regulations. 22. See Pain Clinics, Section 21-39 for details. �? 23. See Asphalt/Concrete Batch Plants, Section 21-34.10 for details. SECTION 21-34—SPECIAL USE REQUIREMENTS The following uses are subject to the special restrictions described below in addition to the applicable natural resource standards described in Article IV and the project design standards described in Article V. 21-34.01 —Home Occupations The purpose of this Section is to provide criteria under which a home occupation may operate in the City's residential districts. The Home Business Tax Receipt is designed to allow for office type uses within a residence. No home business tax receipt shall be issued unless the City determines the proposed home occupation (business) is compatible with the criteria shown below: a. The use must be conducted by a member, or members, of the immediate family residing on the premises and be conducted entirely within the living area of the dwelling unit, not to exceed twenty percent (20%) of the dwelling unit space (excluding garage/carport) for the home occupation. Rev. 4/6/15(Land Development Code) III-12 b. No manufacturing, repairing, storing, or other uses that are restricted to commercial and industrial districts are allowed. c. No chemicals/equipment, supplies or material, except that which is normally used for household domestic purposes, shall be used or stored on site. d. Noise, dust, odors or vibrations emanating from the premises shall not exceed that which is normally emanated by a single dwelling unit. Activities that cause a nuisance shall not be permitted in residential areas. e. No electrical, electro-magnetic or mechanical equipment that causes any interference or excessive noise to adjacent dwelling units shall be installed or operated. f. No products, services, or signage may be displayed in a manner that is visible from the exterior of the dwelling unit, except signage required by state law. g. Except as provided in the City of Edgewater Code of Ordinances, no commercial vehicles or equipment shall be permitted in the driveway, or adjacent public right-of-way, including commercial vehicles used for mobile vending and no delivery of commercial products for the use of the business tax receipt shall be allowed. Normal/routine UPS, FedEx, or over-night mail shall not be considered commercial deliveries. h. The use of typewriters, computers, printers, photocopiers and fax machines will be permitted for office use and small machinery such as hand drills and small jigsaws for hobbyist uses. Hobbyist uses shall be limited to $500 in total inventory. i. All home occupations shall be required to obtain a home business tax receipt pursuant to the requirements of Chapter 11 of the City Code of Ordinances prior to initiating operation. j. Garages, carports or similar structures, whether attached or detached shall not be used for storage of material or manufacturing concerning the home occupation (other than storage of an automobile). k. Any home business tax receipt that generates more than 10 vehicle trips per day shall require a City fire inspection. Excessive traffic shall not be permitted other than routine residential traffic. 1. An applicant may appeal the denial of an application to the City Council pursuant to the requirements of the Land Development Code. m. No home business tax receipt shall be issued for any property until such time that any Code Compliance issues are resolved. Rev. 4/6/15 (Land Development Code) III-13 n. If the applicant does not own the property, said applicant shall provide a signed and notarized affidavit from the property owner permitting a Home Occupation on their property, provided the use is permitted by the City. 21-34.02—Community Residential Homes (CRH) The purpose of this Section is to establish criteria for the placement of Community Residential Homes as defined in F.S. 419.001(a), and limit their location to areas zoned for multi-family development. a. All Community Residential Homes shall be required to obtain a City business tax receipt. Pursuant to the requirements of Chapter 205.1965, F.S., the City shall not issue said receipt unless the applicant has a state license and substantially meets the criteria listed herein. b. All facilities shall comply with the minimum parcel area and dimensional requirements of the zoning district in which the facility is located. c. Community Residential Homes shall be used only for the purpose of providing rehabilitative or specialized care, and may not be used for administrative or related office-type activities, other than those in support of the facility. d. No counseling or other client services for non-residents shall be permitted in a CRH. e. A CRH shall be similar in appearance to the prevailing character of the area in which the proposed site is located. Similar means within 125 percent of the average floor area, height, and/or architectural style of any other dwelling units in the adjacent area. f. On-site signage shall be a low profile sign with a maximum height of 8 feet and a maximum area of 16 square feet. g. The proposed CRH shall provide a minimum 4-foot(4')high fence on all property lines. h. The proposed CRH shall comply with the appropriate project design standards described in Article V. i. The proposed CRH shall comply with all appropriate Florida Fire Prevention Codes and Building Code requirements. j. The minimum dwelling unit size for each resident shall be 750 square feet. k. There shall be no more than fourteen (14) residents permitted in a structure on a parcel designated as Medium Density Residential or High Density Residential on the City's Future Land Use Map. 1. Each CRH shall provide a responsible supervisory person on duty at all times while residents are on the premises. The minimum staffing levels required by the State, or other licensing agency, shall be maintained at all times. Rev. 4/6/15(Land Development Code) III-14 m. Failure to substantially comply with all these criteria shall subject the property owner, and/or the applicant, to the enforcement provisions of Article X. n. A Community Residential Home shall not be located closer than 1,200 feet (1,200') to another CRH or closer than 500 feet (500') of a parcel zoned AG, RT, R-1, R-2, or R-3. [See Chapter 419.001 F.S.] o. All distance requirements shall be measured from the nearest point of the existing CRH property line, or the zoning district described above,whichever is greater. p. Each facility shall be required to obtain an appropriate license prior to receiving a business tax receipt from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21-34.03 —Institutional Residential Homes (also referred to as ALF's) The purpose of this Section is to provide regulations to protect the adjacent property values while allowing the institutional home to operate. For this purpose of this Code, assisted living facilities (ALF) shall be considered as an Institutional Residential Home. a. A minimum 4 foot(4')high fence shall be provided at all times. b. Full time on-site management shall be provided at all times. c. Minor on-site medical care may be provided at the option of the operator. d. Each resident shall have the minimum square footage of personal living area for their use, as required by the State. e. Each facility shall be required to obtain an appropriate license prior to receiving a business tax receipt from the City and Volusia County. The City will inspect facilities for compliance with Florida Fire Prevention Codes. 21-34.04—Salvage Yards The purpose of this Section is to control the operation of salvage yards and similar uses. a. Salvage yards shall comply with the conditional use standards for the I-2 zoning district. b. The site shall be a minimum of 40,000 square feet and a maximum of 200,000 square feet, and shall conform to the buffer yard requirements described in Article V, Section 21-54. c. All sites shall be enclosed by an eight foot (8') high stockade fence, vinyl fence or masonry wall. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. Rev. 4/6/15(Land Development Code) III-15 d. Nothing stored shall be visible above the height of the fence or wall. e. A City of Edgewater Business Tax Receipt shall be required. £ No storage or parking of items under control of the salvage yard shall be permitted outside of the fence or wall. 21-34.05 —Refuse and Dumpsters The purpose of this Section is to control the placement and operation of refuse and dumpsters and similar such uses. a. Dumpsters on commercial, industrial and multi-family properties shall be enclosed from view with a six foot (6') high stockade fence, vinyl fence or masonry wall and gate. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. Dumpsters and dumpster pads shall not be required for properties zoned RP (Residential Professional). b. No dumpsters, containers or containment areas shall be permitted in any public right-of-way. c. Gates shall be kept closed at all times except on designated pick up days. d. Non-residential properties located within 150-feet of a residential property line or noise sensitive zone (as defined in the Noise Ordinance) shall not have dumpsters and/or containers delivered, emptied or removed between the hours of seven p.m. (7:00 p.m.) and seven a.m. (7:00 a.m.) on weekdays and seven p.m. (7:00 p.m.) and eight a.m. (8:00 a.m.) on weekends or holidays. Dumpsters and/or containers cannot be delivered, emptied or removed during the hours of ten p.m. (10:00 p.m.) and six a.m. (6:00 a.m.) in non-residential properties which are not within 150-feet of a residential property line or noise sensitive zone. e. All construction projects shall have a dumpster located on-site for placement of construction debris for all new construction and additions exceeding 600-square feet. f. Containment areas and construction project areas shall be maintained in a clean and orderly manner at all times so as to not produce a nuisance. g. Newly developed/redeveloped non-residential projects and multi-family projects over four (4)units shall provide an adequate quantity of on-site dumpsters. 21-34.06—Kennels The purpose of this Section is to minimize conflicts of noise, odor, and health hazards created by kennels. In addition to the regulations as set forth within the district(s) in which the use is located, the following minimum regulations shall apply: Rev. 4/6/15 (Land Development Code) III-16 a. Commercial kennels are limited to the raising, breeding, boarding, and grooming of domesticated animals. Farm animals such as pigs and chickens or exotic animals such as snakes are expressly prohibited. b. All runs shall be equipped with drains provided every 10 feet (10') and connected to a sanitary facility approved the City Engineer. c. No animal having a disease harmful to humans shall be boarded or maintained in the facility. d. No building or other structure nor any dog run shall be located within 150 feet (150') of any residential use. e. Dog runs adjacent to a residential use shall not be used between the hours of 10 P.M. and 7 A.M. f Kennels are required to receive a commercial kennel license from the Volusia County Animal Control Department and a City of Edgewater Business Tax Receipt after receiving a Certificate of Occupancy from the City. g. See Chapter 5 of the Code of Ordinances, City of Edgewater, Florida for additional regulations. 21-34.07—Mini-warehouses Mini-warehouses may be permitted under the following conditions: a. Mini-warehouse buildings shall be screened from the public right-of-way by a minimum of a six foot (6') high stockade fence or masonry wall with a ten foot (10') wide landscape buffer planted adjacent to the street side on all boundaries facing residential districts. Existing sites with chain link fence may be enclosed with slatting. New sites shall require stockade fencing, vinyl fence or masonry wall. b. The project shall be completely fenced, walled, and designed to limit ingress and egress through a controlled and lockable access point. This shall be limited to one (1) two (2) way access points or two (2) one (1)way access points. c. Mini-warehouse units shall not contain any provision for electrical outlets, potable water, or sewer services within the confines of the warehouse units. Hose bibs for cleaning purposes may be installed outside of the warehouse structures. d. Bathroom facilities shall be provided at a central facility in accordance with the Standard Plumbing Code. e. Mini-warehouses are to be used solely for storage purposes. No other commercial use or business shall be permitted within the facility unless permitted as part of a Master Plan. Rev. 4/6/15 (Land Development Code) III-17 However, one (1) office unit attached by common walls or floors as a part of the mini- warehouse facility may be provided for use of the warehouse manager. f. No storage of flammables, weapons, ammunition, explosives, hazardous, or illegal substances or materials is allowed. g. Mini-warehouses may be permitted as a conditional use in the B-3 and BPUD District when located at least 100 feet (100') from the front property line and where in that 100 feet (100') the property is developed. h. A City Business Tax Receipt shall be required. 21-34.08—Bed & Breakfasts a. Bed and breakfast accommodations, as defined in Section 21-20 shall require off-street parking at 1 space/bedroom,plus residential parking requirements. b. Landscaping shall be provided as required for hotel/motel uses. c. One (1) sign not to exceed six (6) square feet. d. A City Business Tax Receipt is required. 21-34.09 —Nursing Homes a. Nursing home sites shall front on a major collector or arterial roadway. b. Buffering shall be provided based on land use intensity and comply with the landscaping requirements of Section 21-54. c. A City Business Tax Receipt is required. 21-34.10—Asphalt/Concrete Batch Plants a. Permanent and temporary asphalt/concrete batch plants are permitted as a conditional use in industrially zoned properties only and require site plan review by the Planning and Zoning Board and approval from City Council. b. The minimum lot size shall be five (5) acres and all minimum building and equipment setbacks shall be 600 feet(600'). c. All batching facilities shall be located no closer than 1,500 feet(1,500') to any permitted or existing residential dwelling. d. All internal roads shall be maintained in a dust-free condition. The access drive to the site shall be paved with a surface of asphalt or concrete for a distance of at least 100 feet from the Rev. 4/6/15 (Land Development Code) III-18 right-of-way of the access from a public road. Provisions shall also be made to remove dust, dirt, mud or other debris from the vehicles before they leave the site. All permitted materials shall be maintained in a neat and orderly manner and shall be covered and/or wet down regularly so as to prevent debris from leaving the area of the site. e. On-site reduction and containment of dust and other particulate matter shall be required. £ Routes of supply vehicles or material handling vehicles shall be arranged so as to minimize nuisances or hazards to existing residential neighborhoods or commercial businesses. g. A performance bond or surety bond shall be required for temporary facilities to assure the site is restored to an adequate condition. h. The City Council may pecify the times of operation. i. Nothing in this section shall prohibit an asphalt/concrete batch plant from complying with all other applicable county, state or federal regulations. 21-34.4&11 —Residential Professional Offices Residential Professional Offices are permitted as a conditional use and require site plan approval. Residential Professional Offices are permitted only along S.R. 442, east of Pinedale Road and west of U.S. Highway 1. Residential Professional Office site plans shall be provided with a Zoning Map Amendment application and shall include: a. The property must have a minimum frontage of 100-feet along S.R. 442. b. One ground sign not to exceed sixteen (16) square feet of display area and an overall height of eight feet (8'). 1. Ground Sign Planter Specifications. Vertical structure supports for ground signs shall be concealed in an enclosed base. The width of such enclosed base shall be equal to at least two-thirds (2/3) the horizontal width of the sign surface. A planter structure shall enclose the foot of the base. The planter shall be between two feet (2') and three feet (3') in height above the ground, with a minimum length equal to the width of the sign and a minimum width of three feet (3'). The materials will be consistent with the sign and principal structure. The planter shall be irrigated and planted with low shrubs, ornamentals or flowers. Such plantings shall be maintained indefinitely. 2. Ground Sign Setback. The leading edge of the sign shall be setback a minimum of ten feet(10') from the right-of-way. 3. Movement. No ground sign nor its parts shall move,rotate or use flashing lights. Rev. 4/6/15 (Land Development Code) III-19 4. Prohibited Signs. Signs that are prohibited in the Indian River Boulevard Corridor include animated signs, billboards, off-site signs, flashing signs, snipe signs, portable signs (trailer signs), roof signs, beacon lights, bench signs, trash receptacle signs, gutter signs, signs on public property, immoral display, obstruction, streamers, spinners and pennants. c. Commercial building code requirements shall be met. d. A City Business Tax Receipt is required. e. All development and/or redevelopment shall conform to the site design criteria as defined in Article V and Article XVIII of the Land Development Code f Professional office uses are restrictive and shall be designed to primarily serve the populace of the general vicinity. SECTION 21-35—PROHIBITED USES 21-35.01 —Alcoholic Beverages No alcoholic beverage establishments, i.e., establishments engaged in the sale of alcoholic beverages for on-premises consumption, shall be located within 500-feet of an established church or school with the following exception: a. Any location licensed as a restaurant, which derives at least 51-percent of their gross revenues from the sale of food and nonalcoholic beverages, pursuant to Florida Statutes. SECTION 21-36—ACCESSORY USE REQUIREMENTS 21-36.01 —Purpose This Section includes those accessory uses and detached structures that are subordinate to the main use or building or located on the same lot. The term other accessory buildings shall include, but not be limited to such structures as greenhouses, gazebos, storage buildings, storage shed, garages, carports and the like. 21-36.02 —General Regulations a. No accessory structure or use shall be permitted on any lot which does not have an established principal use conforming to the requirements of this code and no accessory structure shall be permitted on any lot which does not have a permitted principal or primary structure. Rev. 4/6/15 (Land Development Code) III-20 b. All accessory uses, buildings and structures shall be located on the same lot as the principle or permitted use. c. No accessory use, building or structure shall exceed the height limit shown in that district and shall not exceed the height of the peak of the majority of the roof height of the principle or primary structure in residentially zoned areas. d. Accessory buildings shall not be rented or otherwise used as a dwelling unit. e. No accessory structure may be located within a public right-of-way or public easement. f. All accessory structures are required to obtain a building permit. g. No accessory structure may be located in any front yard in any zoning district. h. Accessory buildings shall conform to the setback requirements described in Table V-1 and shall not cause an excess of the maximum building coverage and/or maximum impervious coverage as established for the respective zoning district. i. No accessory building may be located within any required parking area, landscape area or stormwater facility area. j. Accessory buildings shall be limited to 2 per parcel and the total square feet of all accessory buildings and/or storage sheds shall not exceed seventy percent (70%) of the total square feet of the principle or primary structure in residentially zoned areas. k. Storage sheds of 120 sq. ft. or less may be located five (5') feet from rear and side property lines. 1. All accessory uses, buildings and structures located in residentially zoned areas exceeding 350 sq. ft. and located on a parcel of less than five (5) acres shall be consistent with the primary structure in architectural design,roofline and color. Rev. 4/6/15 (Land Development Code) III-21 21-36.03 —Outdoor Storage and Display: Commercial/Industrial The purpose of this Section is to provide regulations for the location of outdoor storage and display facilities where such storage is an accessory use and a part of normal operations on the premises. a. Outdoor storage and display may be permitted in conjunction with the uses allowed in certain commercial and industrial districts as indicated in Table III-3. Such outdoor storage or display shall not be located adjacent to any residential district or use unless such storage or display is screened from the view of the neighboring residential district or use. b. No outdoor storage may be located in any required front yard, parking areas, fire zones, loading areas or access lanes. c. All outdoor storage areas shall be screened from view by a six foot (6') high stockade fence, vinyl fence or masonry wall. However, the wall or fencing shall not interfere with the flow of traffic entering or leaving the site. Existing sites with a chain link fence may be enclosed with slatting. New sites shall require stockade fencing or masonry wall. d. Loose materials such as sand, Styrofoam, cardboard boxes, mulch, compost areas, and similar materials, which are subject to being scattered or blown about the premises by normal weather conditions, shall be contained by an adequate enclosure. No outdoor storage area or building shall be located in a public right-of-way,utility or drainage easement. e. Commercial outdoor display of merchandise may be permitted as an accessory use within the required front, side or rear yard areas, providing that such outdoor display shall not be located adjacent to a residential street. f. The sale, storage, or display of all products not normally found or used outdoors shall be conducted from indoor locations only. g. Outdoor display of products shall be limited to items typically associated due to their nature, size or construction with common outdoor usage or sales. Merchandise typically permitted for outdoor display include, but are not limited to: sales, display and rental of vehicles, boats and mobile homes,plant nurseries and sale of landscape materials, swimming pools and spas, lawn mowers, lawn furniture, basketball nets, volleyball equipment, Christmas trees, pumpkins at Halloween, tomato plants, harvested fruits and vegetables etc. Merchandise typically not permitted for outdoor display include, but are not limited to: indoor furniture, stoves, ranges, bathroom fixtures, clothing, bedding mattresses, etc. This section shall not apply to permitted garage/yard sales, authorized farmers/craft markets and permitted special activities/events. Rev. 4/6/15 (Land Development Code) III-22 h. Outdoor display of vehicles, watercraft, etc., for sale shall be set back no less than ten feet (10') from the front and side corner property line and five feet (5') from the interior side and rear property line. Landscaping shall be installed in this area on any adjacent local street. i. All display merchandise and related display equipment shall be removed at the close of business each day. This shall not include vehicles, boats, mobile homes, large lawn/construction equipment and campers displayed for rent or sale. No outdoor display areas shall be permitted within required parking spaces or areas, public sidewalks or pedestrian or vehicular access areas, parking aisles, driveway entrances or exits. No outdoor display areas shall obstruct visibility triangles at intersections or at points of ingress or egress to the business. j. All new outdoor garden supply areas shall be screened from public view, the public right-of- way and incorporated into the architecture of the principle building. k. All unattended machines dispensing a product, with the exception of ice and water machines, LP gas,newspaper machines (general circulation), shall be located indoors. 21-36.04—Satellite Dishes and Antennas The purpose of this Section is to control the location of satellite dishes and antennas in order to allow their use without sacrificing property values. Telecommunication tower location and site development standards are found in Article XII. a. Privately owned ham radio antennas, citizens band radio and/or satellite dish antennas shall be considered accessory uses. All other such facilities belonging to companies whose business involves the reception or transmissions of wireless communication signals shall be considered commercial uses. b. Pursuant to the Federal Telecommunications Act of 1996, satellite dishes 39 centimeters (approximately 36 inches) or less in diameter shall not require an installation permit. c. A satellite dish greater than 36 inches (36") in diameter shall require a building permit from the City. d. Except as provided in Article XII, antennas and satellite dishes greater than 36 inches in diameter shall be set back five feet(5') from side and rear lot lines or easements. e. No satellite dishes larger than 39 centimeters (approximately 36 inches) or antennas shall be permitted in the front yard of any parcel. f. The required setback shall be measured from the closest point of the outermost edge of the antenna or satellite dish to the property line. g. Except as provided in Article XII, the height restrictions for antennas and satellite dishes shall not exceed the height limit in that district. Rev. 4/6/15(Land Development Code) III-23 21-36.05 —Places of Worship— Schools/Child Care The purpose of this Section is to establish criteria for the operation of schools and recreation facilities as an accessory use associated with places of worship. a. A school operated by a place of worship shall not be permitted to locate within 25 feet (25') of property used as residential. b. Recreation areas associated with places of worship shall not use artificial site lighting at night unless shielded from adjacent residential areas. c. No recreational activity shall be located closer than 25 feet(25') to an adjacent parcel. d. The front yard of a place of worship shall be on an arterial or collector roadway. e. The building design for new construction shall be substantially similar to the design of the existing structures. No portables, trailers or like buildings are permitted. f. Parking and service areas shall be located away from adjacent parcels. 21-36.06—Boathouses The following regulations shall apply to boathouses in all the R-1, R-2, R-3, R-4 and R-5 districts. a. Height of boathouses: No boathouse shall be erected or altered to a height exceeding fifteen (15') feet from mean high water. b. Boathouse setback: No boathouse shall be built less than five (5') feet from the established bulkhead line or less than ten (10') feet from any side lot line. If no bulkhead line is established, then the mean high tide watermark shall be used as the line of measurement. c. Accessory building attached to boathouse: No accessory building which is attached to a boathouse and a part thereof shall be erected or altered less than twenty (20') feet away from the established bulkhead line. If a bulkhead line is not established, then the mean high water mark shall be used as the line of measurement. d. Detached accessory building to boathouse: A detached accessory building to a boathouse is prohibited in the R-1, R-2, R-3, R-4 and R-5 residential districts. e. Area of boathouses: No boathouse or similar structure shall exceed twenty (20') feet in width measured on a line parallel to the established bulkhead line or exceed forty (40') feet in depth measured at right angles to the established bulkhead line. If a bulkhead line is not established, then the mean highwater mark shall be used as a line of measurement. Rev. 4/6/15 (Land Development Code) III-24 21-36.07 —Boat Docks and Slips a. Boat docks and slips for mooring pleasure boats, yachts and non-commercial watercraft shall be permitted in accordance with Volusia County's Manatee Protection Plan in any residential district as an accessory use to the residential use. b. If no bulkhead line is established, then the mean highwater mark shall be used as the line of measurement. 21-36.08—Boats as Dwelling Units No boat or vessel shall be used or maintained as a dwelling unit which is not sound, seaworthy and equipped with sanitary facilities that are either: a. Connected to a public sewer system, or b. Have a self-contained waste treatment system. 21-36.09 —Canopies/Temporary Carports and Tents a. Owners of canopies/temporary carports and tents shall be required to secure all components so as to prevent them from becoming airborne or from leaving the property where installed, as well as keep them in a good state of repair. Temporary canopies/carports and tents shall not require a permit if installed and maintained as per the manufacturer's installation instructions. No substantial modifications that would alter the design or integrity of the canopy/temporary carport or tent shall be permitted. b. The below specifications are intended to be minimum only and are no indication or guarantee of fitness for securing the temporary items covered under this Section. Quantities and sizing will vary by the size of the item being secured. 1. All tie downs must be secured to solid, immoveable objects such as: mobile home anchors, concrete driveways, buildings, etc., or as per manufacturer's installation instructions or engineer's specifications. 2. All tie down leads must be a minimum of 3/16" galvanized or stainless steel cable or a minimum of 3/8" true nylon rope, (not polyethylene, polypropylene or polyester) or sized as per manufacturer's installation instructions or engineer's specifications. 3. It is forbidden to use concrete blocks or weights of any kind as a method of tie down, because attaching weight or other moveable objects to canopies/temporary carports and tents can cause those weights to be catapulted by wind lift. c. There shall be a limit of two (2) canopies/temporary carports and tents per parcel. Canopies/temporary carports and tents shall be located behind the front building setback line Rev. 4/6/15(Land Development Code) III-25 in the rear and side yard setback areas. Canopies/temporary carports and tents located in side yard setback areas shall be screened from view with a six foot (6')high opaque wall or fence. d. Tarps/tops of temporary structures shall be removed during hurricane warning conditions. e. Canopies/temporary carports and tents not related to a special activity event pursuant to Section 21-37 and not located in the rear and/or side setback areas shall not be erected for more than a two (2) day period and for no more than ten (10) days total in a six (6) month period. 21-36.10 — Swimming Pools a. Definitions As used in this Article, the following terms shall have the respective meanings ascribed to them: Residential swimming pool: Any swimming pool used or intended to be used solely by the owner, operator or lessee thereof and his family, and by guests invited to use it without charge or payment of any fee. Swimming Pool: A body of water in an artificial or semi-public or private swimming setting or other water-related recreational activity intended for the use and enjoyment by adults and/or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and shall exclude 110-volt plug-in Jacuzzi/hot tubs. Wading pool: Any pool with a surface area of less than two hundred fifty (250) square feet and less than twenty-four (24) inches in depth at any point. Wading pools shall not be required to comply with this Article. b. Permit—Application; plans and specifications 1. Application: Before the erection, construction or alteration of any swimming pool has begun, an application for a permit shall be submitted to the Building Official for approval. 2. Plans and specifications: The application shall be accompanied by two (2) sets of full and complete plans and specifications of the pool, including a survey of the lot showing distance between buildings or structures and the distance from all property lines. Plans must show method of compliance with the Pool Safety Act, F.S. 515. C Structural Requirements Rev. 4/6/15 (Land Development Code) III-26 1. General: All swimming pools whether constructed of reinforced concrete, pneumatic concrete, steel, plastic or others, shall be designed and constructed in accordance with the requirements of the Florida Building Code, 424 and accepted engineering principles. d. Location 1. Front yard and side corner yard swimming pools are prohibited. 2. No swimming pool shall be constructed closer than five (5) feet from any building without engineering, nor within any easement or ten (10) feet from any property line, unless a Development Agreement or P.U.D. Agreement is established for the property. e. Enclosures I. All swimming pools, unless entirely screened in, shall be completely enclosed with a fence or wall at least four feet (4') high, and so constructed as to not be readily climbable by small children. All gates or doors providing access to the pool area shall be equipped with a self-closing and self-latching device installed on the pool side for keeping the gates or doors securely closed at all times when the pool area is not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped, per Child Safety Act, F.S. 515. 2. All whirlpools, spas or hot tubs unless entirely screened in or equipped with a lock down cover shall be completely enclosed with a fence or wall at least four feet (4') high and so constructed as to not be readily climbable by small children, and comply with the Child Safety Act, F.S. 515. f. Filtration and recirculation system All swimming pools shall be equipped with a filtering and recirculation system and such systems shall be compliant with all applicable requirements as set forth by the American National Standards Institute. g. Electrical wiring All electrical wiring must comply with the National Electrical Code (NEC). h. Plumbing When plumbing is connected to City service for water supply, all plumbing shall be in strict accordance with the local plumbing code. When water is supplied from sources other than City connected service to family pools, then plastic pipe stamped and approved one hundred (100) by Rev. 4/6/15 (Land Development Code) III-27 an ASTM laboratory may be accepted, if inspected and approved by a licensed plumbing inspector. i. Discharge water Water being discharged from the pool or from the back flushing of the filtering system may be discharged to a storm sewer, dry well, seepage pit, or through an irrigation system or other approved method by the City. Discharge water may not be discharged into a sanitary or combined sewer. j Rim height The overflow rim of all swimming pools shall be a minimum grade above surrounding ground level and in all cases sufficiently high enough to prevent groundwater from flowing into the pool. k. Walkway A walkway of concrete or other approved materials shall surround all swimming pools from the overflow rim outward a distance of three feet (3') for at least two-thirds (2/3) of the pool perimeter and shall be so designed that water cannot drain from the walkway into the pool. 1. Overflow Skimmer A beam overflow skimmer shall be required and be designed so that debris caught in it will not be washed back into the pool by water movements. SECTION 21-37—SPECIAL ACTIVITY/PERMIT REQUIREMENTS 21-37.01 —Purpose/Scope To establish policies and procedures pertaining to special activities, including but not limited to, outdoor entertainment, to ensure compliance with all applicable City, County and State requirements. A special activity permit will be required of all special activities held within the City of Edgewater. 21-37.02—Definitions Charitable event/activity — is an event/activity or cause sponsored by a business or non-profit organization for the purpose of soliciting aid, assistance or contributions for benevolent purposes. To qualify as a charitable event/activity; all profits (net difference of gross revenues less expenses) must be given to the charitable cause for which the charitable event/activity was organized. For purposes of this definition, a charitable event/activity cannot exceed one (1) day. Each charitable event/activity permit application shall adhere to the special activity permitting process as defined in Section 21-37.04. For the purposes of this definition, a charitable event/activity does not include an event/activity with the primary purpose of carrying on propaganda or otherwise attempting to influence legislation, and does not include an Rev. 4/6/15(Land Development Code) III-28 event/activity with the primary purpose of raising funds or garnering support for a political campaign on behalf of(or in opposition to) any candidate for public office. City sponsored activity—sponsored or co-sponsored by the City Council or any City Department for the benefit of the residents of the community. Civic group/non-profit organization — any group that meets for the improvement of the community and whose main function is to make the community a better place to live either by deed, donations of time or finances. A tax-exempt certificate is not necessary if the group meets the above stated criteria. Community activity - activities which take place on City owned or controlled property in which the general public is invited to participate. Live entertainment - entertainment in the form of music, singing, speaking or similar activities that are enhanced by amplification equipment. This includes bands, concerts, performances, karaoke and disk jockey functions. Outdoor entertainment — entertainment in the form of music, singing, speaking and similar activities, amplified or non-amplified that is located outside of or partially outside of the area of the sponsoring property permitted for normal retail sales or services. Private business - any business enterprise operating for the purpose of creating a profit. Special activity— any public or private activity held within the City of Edgewater in which it can be reasonably anticipated that the number of persons attending the activity will exceed the on- site parking, seating or sanitary facilities available at the premises upon which activity will take place or that services will be required beyond that which are regularly provided by the City such as additional traffic control, crowd control, fire and/or emergency services, street closures, cleanup or other municipal services. Special activity permit—a permit issued by the City to authorize a special activity. Sponsor/promoter — any person, group or entity ultimately responsible in full or part for producing, operating, sponsoring or maintaining a special activity. 21-37.03 — Special Activity Permit Requirements a. The uses authorized by a Special Activity Permit are temporary and all permitted improvements shall be removed within five (5) days of the completion of the special activity. b. The number of special activities at any given location or address shall not exceed: 1. One 10-day period and two 1-day charitable events/activity between the period of January 1St through June 30th; and Rev. 4/6/15 (Land Development Code) III-29 2. One 10-day period and two 1-day charitable events/activity between the period of July 1St through December 31St 3. The City Council may grant an exemption to the number events/activities permitted per year for a specific location or address. The exemption shall not be granted for more than a one (1) year period. All other requirements contained in this Section shall apply. c. Outdoor entertainment/amplified sound in conjunction with a special activity shall be permitted only between the times of 1:00 p.m. to 10:00 p.m., unless otherwise authorized by the City. 21-37.04—Special Activity Permit Application Process a. A special activity permit will be required for each special activity held within the City of Edgewater. No special activity permit will be required for any event sponsored or co- sponsored by the City if it is occurring on public property. b. A special activity permit application must be completed and submitted to the Development Services Department for review by City staff at least 60-days in advance of the activity for special activity permits that are required to go before City Council for approval and 21-days for special activity permits that only require Staff approval. The application must include specific dates and times of the planned activity (including set up and demobilization), number and types of vendors, types and hours of entertainment, specific parking layouts, quantity and number of sanitary facilities. If the application is for a charitable event/activity, sufficient information (financial, medical and/or socio-economic) must be provided for a clear determination that the event meets the criteria of a charitable event/activity. Hours for outdoor entertainment/amplified sound are described in Section 21-37.03 of this Article. c. The completed special activity permit application and staff comments will be provided to the City Council for review and consideration at the next regularly scheduled meeting for those events that exceed an anticipated attendance of 2,000 people. City staff will notify affected property owners within 500-feet of the site requesting the special activity permit from City Council and the date and time of the City Council meeting in which the application will be reviewed. The applicant shall provide names and addresses of each affected property owner, obtained from the Volusia County Property Appraiser's office. 21-37.05 — Special Activity Permit Criteria a. The proposed activity will not result in unsafe ingress/egress for either pedestrians or vehicles. b. The proposed activity shall comply with the appropriate Florida Fire Prevention Codes conditions. Rev. 4/6/15 (Land Development Code) III-30 c. The proposed activity shall comply with the City's Land Development Code and noise ordinance conditions. d. The proposed activity will direct on-site lighting away from adjacent parcels and roadways. e. The proposed activity shall have adequate sanitary facilities. f The applicant shall post a bond or provide insurance in the amount of$500,000 if no on-site alcohol consumption is proposed and $1,000,000 if on-site alcohol consumption is permitted and/or pyrotechnics are proposed to indemnify and hold the City harmless of any and all liabilities. g. The City Council may waive the requirements as contained in Section 21-35.01 for alcohol sales and/or consumption associated with a special activity. h. The City Council may add other conditions to protect the health, safety and welfare of the residents. 21-37.06—Temporary Structures It shall be the responsibility of the applicant of the special activity permit to ensure the structural integrity of all temporary structures erected for special activities. The structures are to be safe, structurally sound and of adequate capacity to service the number of persons proposed to use the structure and must be removed with five (5) days of completion of the special activity. The Building Official and Fire Marshal shall verify such compliance is obtained. 21-37.07—Inspections to Ensure Compliance The City shall provide scheduled and unscheduled inspections prior to and/or during the special activity by police, fire, code enforcement, building and/or City administration representatives to monitor and ensure compliance with all applicable City, County and State codes. Special activity permits that include outdoor entertainment may require a code enforcement officer to remain on site during the activity. The cost of said officer shall be reimbursed to the City by the sponsor/promoter. Appropriate State agencies are responsible for the inspection of amusement rides and public food preparation facilities. 21-37.08—Penalties Any person or entity who shall conduct, operate or maintain a special activity and fails to obtain a special activity permit shall be ordered to cease and desist and be punished by a fine of three times the cost of the application fee as well as all associated City fees. No further special activities shall be authorized until all penalties are current. A repeat offender shall not be eligible for a special activity permit for a one-year period. A repeat offender is defined as a sponsor/promoter who violates any of the conditions of the special activity permit more than one time in a six-month period. Rev. 4/6/15(Land Development Code) III-31 21-37.09 —Exceptions Any special activity sponsored/promoted by a civic group or non-profit organization or co- sponsored by the City of Edgewater may be exempt from any and all fee requirements. This decision shall be rendered by the City Council and any waiver granted regarding these requirements is only binding and applicable upon that one activity or portion thereof and shall not mean that the sponsor/promoter has any rights to future waivers. SECTION 21-38—FENCES,WALLS and HEDGES 21-38.01 —Purpose The purpose of this Section is to set forth the standards necessary to regulate the use of fences. 21-38.02—General Requirements The following regulations shall apply to the erection of fences, walls and hedges. a. All fencing materials must comply with the definition in Article II. b. All fences shall comply with the provisions of the applicable building codes and are required to obtain a building permit. c. Fences may be located in all front, side and rear yard setback areas and directly on property lines, provided that if a fence encroaches into a utility access easement or right-of-way, the City shall not be responsible. d. The maximum allowable height of all fences located in the front yard setbacks and river front lots of residential property not subject to site plan review shall be four feet (4'). Fences located in these areas must be non-opaque (50% visibility). The maximum allowable height of all other fences in residential areas shall be six feet (6') including side corner yards and meet the site triangle requirements. Six (6') foot fences on side corner lots shall be setback ten feet (10') from the property line. In commercial and industrial areas no fence shall exceed ten feet (10') feet in height unless otherwise approved as part of a development plan and meet the site triangle requirements. The filling or berming of property solely for the purpose of creating a barrier that exceeds the height requirements contained herein is prohibited. e. Concrete block walls shall be constructed with appropriate reinforcement as determined by the Building Official. Block walls shall be stucco and painted to compliment the surrounding character of the area. f. All fences shall be erected with the finished side facing outward or away from the enclosed screened area. The"good-side" (side without posts) of fence shall be facing public view. Rev. 4/6/15 (Land Development Code) III-32 g. Approval to exceed maximum height limitations may be granted by the Development Services Director/Planning Director subject to either of the following: 1. The enclosed or screened area is sufficiently lower than adjoining lands to render a fence of the maximum allowable height inadequate for its intended purpose. 2. The area to be enclosed or screened contains a nuisance or a hazard that cannot adequately be encompassed or obscured by a fence of the maximum allowable height. h. Fences with barbed wire shall be prohibited in conjunction with residential development. In nonresidential development, up to three (3) strands of barbed wire may be installed at the top of a fence. For regulatory purposes, barbed wire shall not be included in the measurement of the fence height. In no case shall barbed wire be allowed to overhang or extend outside of the property lines of the site on which the fence is installed, nor shall any barbed wire be installed at a height of less than six-feet (6') with the exception of agriculturally zoned property. i. Electric or electrified fences shall be prohibited except in agriculturally zoned districts for the containment of livestock. j. Customary fencing around public recreational amenities shall be exempt from height restrictions. k. Opaque fencing shall not be permitted on lots fronting on large lakes, rivers, golf courses or other common areas deemed as an aesthetic amenity. 1. Fences shall conform to the"site-triangle"requirements as set forth below: 21-38.03 — Site Triangle Requirements a. Nothing shall be erected, planted or placed in a manner as to materially impede vision between a height of two and one-half feet(2 '/2') to ten feet(10') above the intersecting street right-of-way lines. The site triangle shall be measured fifty feet (50') in each direction from the intersecting right-of-way lines. These regulations may also apply in commercial ingress and egress driveway areas if the TRC determines that a safety hazard may exist. (See Site Triangle Diagram on the following page) Rev. 4/6/15 (Land Development Code) III-33 i i r LINE Ov VISIBILITI �0 7F s � I U. m u� ID W CORNER LOT J C ®VIS 1BIL RY791AHGLE Rev. 4/6/15 (Land Development Code) III-34 SECTION 21-39 —PAIN CLINICS 21-39.01 —Purpose The purpose of this Section is to set forth the standards necessary for the regulation of pain clinics. 21-39.02 —General Requirements a. Pain Clinics shall not have employees, full-time, part-time, contract, independent or volunteers who have been convicted of or who have pled guilty or nolo contendere at any time to an offense constituting a felony in this state or in any other state involving the prescribing, dispensing, supplying, selling or possession of any controlled substance within a five (5) year period prior to the date of the application for a Certificate of Use and that the Pain Clinics shall not employ any such persons thereafter. b. The Pain clinic shall be operated by a medical director who is a licensed physician in the State. c. The Pain Clinic shall not limit the form of payment for services or prescriptions to cash only. d. Pain Clinics are prohibited from having any outdoor seating areas, queues or customer waiting areas or permitting patients to wait on the Pain Clinic property outside the Pain Clinic building. There shall be no loitering outside of the Pain Clinic building, including any parking area, sidewalk, right-of-ways or adjacent properties. No loitering signs shall be posted in conspicuous areas on all sides of the building. All activities of a Pain Clinic, including sale, display, preparation and storage shall be conducted entirely within a completely enclosed building. e. The Pain Clinic shall not be operated by or have any contractual or employment relationship with a physician: 1. Whose drug enforcement administration number has ever been revoked. 2. Whose application for a license to prescribe, dispense or administer a controlled substance has been denied or revoked by any jurisdiction. f. The owner or physician shall not have been convicted of violating a pain management ordinance in a different city, county or state. g. Pain Clinics are prohibited from having an on-site pharmacy for Controlled Substance Medication. Rev. 4/6/15 (Land Development Code) III-35 h. There shall be no on-site sale or consumption of alcoholic beverages on the property containing a Pain Clinic. i. No Pain Clinic shall be located within five hundred (500) feet within an established private or public school, church or daycare facility. j. No Pain Clinic shall be located within one thousand(1,000) feet of another Pain Clinic. k. Within thirty (30) days of the removal of a Pain Clinic from a building, site or parcel of land for any reason, the property owner shall be responsible for removing all signs, symbols or vehicles identifying the premises as a Pain Clinic. In the event of noncompliance with this provision the City may remove such signs at the expense of the property owner. 1. Pain Clinics shall remain in compliance with all federal, state, county and municipal laws and ordinances as may be amended from time to time m. Pain Clinics may operate Monday through Friday during the hours of 9:00 a.m. and 5:00 p.m. only. n. Pain Clinics shall have a waiting room of at least three hundred (300) gross square feet in area and each examination room shall consist of at least one hundred (100) gross square feet in area. o. Pain Clinics shall provide one (1) parking space per ten (10) gross square feet of waiting room area, two (2) parking spaces per one (1) examination room and one (1) parking space per two hundred fifty (250) gross square feet of the remaining building area. p. All Pain Clinics shall allow representatives of the City to enter and inspect their places of business during business hours or at any time the business is occupied for the purpose of an initial inspection to verify compliance with the requirements of the City Land Development Code, Code of Ordinances, Florida Building Code and Florida Fire Prevention Code prior to Certificate of Use approval and thereafter on an annual basis in conjunction with the Certificate of Use renewal. Rev. 4/6/15 (Land Development Code) III-36 104 N. Riverside Drive City of Edgewater Edgewater, FL 32132 ,tyaF EDGEWATER Legislation Text File #: CPA-1605, Version: 1 ITEM DESCRIPTION: Comprehensive Plan Large Scale Amendment to the Intergovernmental Coordination Element referencing the Interlocal Service Boundary Agreement with Volusia County. APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Amend the Intergovernmental Coordination Element(ICE) of the City of Edgewater Comprehensive Plan. Background: Pursuant to Chapter 171, Part II, Florida Statutes, Volusia County and the City of Edgewater established an Interlocal Service Boundary Agreement (ISBA) recorded and effective on October 21, 2015. Per the ISBA, the parties shall amend their respective ICE of their adopted Comprehensive Plans to establish consistency and compliance with this Agreement. The agreement allows the City to annex properties within the Planning Area that would not otherwise be eligible for annexation subject to provisions established in the ISBA. Comprehensive Plan Consistency: The proposed amendment shall be transmitted to the Florida Department of Economic Opportunity and the Volusia County Growth Management Commission prior to adoption for review and approval. STAFF RECOMMENDATION: Staff recommends sending a favorable recommendation to City Council for the amendment to the Intergovernmental Coordination Element of the City of Edgewater Comprehensive Plan. MOTION: Motion to send a favorable recommendation to City Council for the amendment to the Intergovernmental Coordination Element of the City of Edgewater Comprehensive Plan. City of Edgewater Page 1 of 1 Printed on 3/3/2016 powered by LegistarTM _r h rti ! 7S City of -EIDGEWATIER Inc. 1951 CITY OF EDGEWATER COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES CHAPTER VIII CITY OF EDGEWATER CHAPTER VIII COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT CHAPTER VIII INTERGOVERNMENTAL COORDINATION ELEMENT GOALS, OBJECTIVES AND POLICIES A. GOALS, OBJECTIVES AND POLICIES GOAL 1: Promote coordination and cooperation between The City of Edgewater and those agencies and parties which have an interest in the future and growth of the area through increased awareness of the plans,interests and concerns of all parties. Objective 1.1: Volusia County and Volusia County School Board Coordination. Shall continue to coordinate with Volusia County and the Volusia County School Board on matters involving planning for services, facilities, adjacent land uses and the area's natural resources. [9J- 5.015 (3)(b)1., F.A.C.] Policy 1.1.1: Planning for Adjacent Areas. Pursuant to Chapter 171. Part II. Florida Statutes, Volusia Countv and the Citv of Edgewater have established an Interlocal Service Boundary Agreement (ISBA) recorded and effective on October 21, 2015. The agreement allows the City to annex properties within the Joint Planning Area that would not otherwise be eligible for annexation subject to provisions established in the ISBA. [9J-5.015 (3)(c)1. and (3)(c)5., F.A.C.] Policy 1.1.2: Coordination with Volusia County and Impacts of Development. The City will coordinate with Volusia County and the Volusia Growth Management Commission regarding the impacts of development in Edgewater on adjacent local governments. [9J-5.015 (3)(c)1. and (3)(c)5., F.A.C.] Policy 1.1.3: Level of Service Issues and Capital Improvement Needs. Provide for on-going coordination with Volusia County,the Volusia County TPO and FDOT relative to level of service issues and capital improvement needs for areas within and adjacent to Edgewater. [9J-5.015 (3)(c)3., F.A.C.] Policy 1.1.4: Locating Future School Sites. The City shall coordinate with the Volusia County School Board in locating future school sites during the development process. This coordination will be achieved through the Adopted on Date: 04/18/11 Ordinance No. 2010-0-23 VIII-1 CITY OF EDGEWATER CHAPTER VIII COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT policies regarding school siting criteria found in the Future Land Use Element. [9J-5.015 (3)(c)L, F.A.C.] Policy 1.1.5: Existing Playground Facilities and Coordination with the School Board The City shall maintain its existing interlocal agreement with the Volusia County School Board regarding the use of existing playground facilities and future facilities at Indian River Elementary. [9J-5.015 (3)(c)1., F.A.C.] Policy 1.1.6: Collocating Community Facilities. The City shall coordinate with the Volusia County School Board when locating new schools in an attempt to collocate community facilities such as parks, libraries and community centers. [9J-5.015 (3)(c)1.,F.A.C.] Policy 1.1.7: Protection of Natural Resources. The City shall continue implementing the interlocal agreement with Volusia County regarding the protection of natural resources, especially the Turnbull Hammock Area in the western part of the City. Policy 1.1.8: Defining Recharge Areas. The City will actively support and join County and State efforts to define recharge areas and to control the type and intensity of development in these areas so that the City's groundwater resources are protected. Policy 1.1.9: Monitoring Water Quality in the Estuary. The City will cooperate on County and State efforts to monitor water quality in the estuary. [9J-5.015 (3)(c)6., F.A.C.] Policy 1.1.10: Protecting the Quality of Indian River/Mosquito Lagoon. The City shall encourage and participate in intergovernmental management efforts to protect the quality of the Indian River/Mosquito Lagoon. [9J-5.015 (3)(c)6., F.A.C.] Objective 1.2: Coordination of Planning A aftities. Provide for on-going coordination of all planning activities mandated by the various elements of the City's Comprehensive Plan with the plans of appropriate agencies and commissions. [9J-5.015 (3)(b)L, F.A.C.] Policy 1.2.1: Acquiring Additional Land and the Turnbull Hammock Area. The City shall coordinate with and support the activities of the SJRWMD in pursuing opportunities to acquire additional lands within the environmentally sensitive Turnbull Hammock Area through coordination with the County's land acquisition program. Policy 1.2.2: Rare, Endangered, Threatened Species and Species of Special Concern. During the development review process, the City shall assist in Adopted on Date: 04/18/11 Ordinance No. 2010-0-23 VIII-2 CITY OF EDGEWATER CHAPTER VIII COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT the application of and compliance with State and Federal regulations pertaining to endangered and rare species. [9J-5.015 (3)(c)1.,F.A.C.] Policy 1.2.3: Development Adverse Impact to Rare or Endangered Species. The City shall consult with the Florida Fish and Wildlife Conservation Commission prior to the issuance of a development approval which would adversely impact rare or endangered species. [9J-5.015 (3)(c)1., F.A.C.] Policy 1.2.4: Monitoring Air Quality. The City will participate in the State's and County's efforts to monitor air quality in the Edgewater area. Policy 1.2.5: Conflict Resolution Management. If and when conflicts of purpose among jurisdictions cannot be resolved locally, seek mediation assistance from the East Central Florida Regional Planning Council and/or Volusia County Growth Management Commission. This Policy shall also pertain to the resolution of conflicts involving dredge spoils disposal sites. [9J- 5.015 (3)(c)2.,F.A.C.] Policy 1.2.6: Providing Services and Information. Provide services and information as needed to any requesting agency to further intergovernmental coordination. [9J-5.015 (3)(c)3., F.A.C.] Objective 1.3: Proposed Development Impacts. Continue to coordinate with Volusia County and FDOT in reviewing the impacts of proposed developments. [9J-5.015 (3)(b)2.,F.A.C.] Policy 1.3.1: Drainage System Coordination. Provide for on-going coordination with Volusia County and the Volusia County Growth Management Commission during the development review process to reduce potential negative impacts in areas of the County that may affect the City's drainage system. [9J-5.015 (3)(c)1.,F.A.C.] Policy 1.3.2: Impacts of Development on the LOS and FDOT Roadways. On an annual basis, the City shall evaluate the extent of coordination efforts with FDOT and Volusia County regarding the impacts of development on the LOS of County and FDOT roadways. [9J-5.015 (3)(c)L, F.A.C.] Policy 1.3.3: Controlling Access Points and Connections. The City shall coordinate with FDOT to control the connections and access points along all segments of U.S. 1 per their respective access classifications, consistent with the guidelines established by the FDOT in Rule 14-97 "State Highway System Access Management Classification and Standards". [9J-5.015 (3)(c)1.,F.A.C.] Objective 1.4: Intergovernmental Coordination. Work closely with the City of New Smyrna Beach and other governmental agencies to identify areas of common interest and to Adopted on Date: 04/18/11 Ordinance No. 2010-0-23 VIII-3 CITY OF EDGEWATER CHAPTER VIII COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT establish coordination between their plans for the provision of services and those of the City. [9J- 5.015 (3)(b)1. and (3)(b)3.,F.A.C.] Policy 1.4.1: Providing Information on Growth and Development Activities. The City shall continue to provide information on growth and development activities inside the City which may have implications on the facilities and operations of the government entities involved. [9J-5.015 (3)(c)3. and (3)(c)7., F.A.C.] Policy 1.4.2: Providing Land Use Data to the City of New Smyrna Beach. On a continuing basis, the City shall provide to the City of New Smyrna Beach and/or the City of Oak Hill copies of all development applications requiring City Council approval that involve property adjacent to New Smyrna Beach and/or Oak Hill in order to obtain comments. [9J-5.015 (3)(c)3. and (3)(c)7.,F.A.C.] Policy 1.4.3: Requesting Local Governments to Review Concurrency and Land Use Issues. The City shall request that adjacent local governments provide the same coordination established in Policies 1.4.1 and 1.4.2 to review concurrency and land use issues with existing comprehensive plans. [9J-5.015 (3)(c)7., F.A.C.] Objective 1.5: SJRWMO's Water Supply Facility Work Plan. Work closely with the SJRWMD to update Wlater Supply Facility Wlork Plans and Comprehensive Plan amendments as required. Policy 1.5.1: Coordination with SJRWMD's and Volusia County and Future Water Supply Needs. The SJRWMD District Wlater Supply Plan (DWISP) addresses the current and future water use, alternative water source projects, and other related issues in order to meet the future water supply needs. The City's Water Supply Facilities Wlork Plan (WISFVP) coordinates with the 2005 DWSP with respect to Project # 26 the Volusia County Southeast Service Area Interconnect project. The City will continue to coordinate with the District and Volusia County regarding that project. The City will update its WSFWP and Comprehensive Plan as appropriate. Policy 1.5.2: Maintaining the City's Water Supply Facilities Work Plan. The City will maintain a Water Supply Facilities Work Plan (WSFWP) for a planning period of not less than ten years. The WSFWP addresses issues that pertain to water supply facilities and requirements needed to serve current and future development within the City's water service area. The City shall review and update the WSFWP at least every five years. Any changes to occur within the first five years of the WSFWP shall be included in the annual Capitallmprovements Plan update. Adopted on Date: 04/18/11 Ordinance No. 2010-0-23 VIII-4 CITY OF EDGEWATER CHAPTER VIII COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT Policy 1.5.3: Updating the City's Water Supply Facilities Work Plan.The City will maintain a WISF" that is coordinated with the SJRWMD's DWSP by updating the ilork Plan and related Comprehensive Plan policies within 18 months of an update to the SJRWMD's District mater Supply Plan (DWSP) that affects the City. Policy 1.5.4: Participating in the Development of SJRWMO's District Water Supply Plan. The City will participate in the development of updates to SJRWMD's DOSP and other water supply development-related initiatives facilitated by SJRWMD that affect the City. Policy 1.5.5: Developing Alternative Water Sources. The City will continue its involvement in County-wide water conservation coordination and evaluating and participating in developing alternative water sources pursuant to guidance of the SJRWMD's D1VI'SP. Objective 1.6: Joint-Planning Areas. Coordinate with Volusia County, the Volusia Council of Governments, the Volusia Growth Management Commission and any other jurisdiction as appropriate to establish a more comprehensive and integrated annexation process. Objective 1.7: Campus Master Plans. Recognize a campus master plan prepared pursuant to Section 240.155, Florida Statutes, when such plan includes areas within the City or within the City's Utility Service Area and coordinate with any University or College regarding the provisions of any campus master development agreement. Policy 1.7.1: Procedures for a Campus Master Plan. For applicable campus master plans prepared pursuant to Section 240.155, Florida Statutes, the City shall meet with the University or College to establish procedures to recognize a campus master plan and to coordinate regarding the provisions of the campus master development agreement. [9J-5.015 (3)(c)10.,F.A.C.] Objective 1.8: Siting Facilities of Countywide Significance. Coordinate with Volusia County regarding the siting of facilities with countywide significance, including locally unwanted land uses. Policy 1.8.1: Description of Facilities of Countywide Significance and Locally Unwanted Land Uses. Facilities of countywide significance include but are not limited to: hospitals, major school facilities and governmental complexes. Locally unwanted land uses include but are not limited to: uses that produce enough traffic, noise, smoke, odor, dust, fumes or vibrations to have an effect on the health and general welfare of the citizens of Edgewater. Adopted on Date: 04/18/11 Ordinance No. 2010-0-23 VIII-5 CITY OF EDGEWATER CHAPTER VIII COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT Policy 1.8.2: The Siting of Facilities of Countywide Significance and Locally Unwanted Land Uses. The City shall provide the County notice and opportunity to comment on the siting of facilities of countywide significance, including locally unwanted land uses. The City shall provide an opportunity for the comments to be addressed in the siting process. [9J-5.015 (3)(c)13.,F.A.C.] Objective 1.9: School Board Collaborative Planning. Coordinate with the Volusia County School Board for collaborative planning purposes, including public school concurrency procedures. [9J-5.015 (3)(b)6.,F.A.C.] Policy 1.9.1: School Board Interlocal Agreement. Review annually the interlocal agreement with the School District of Volusia County to ensure inclusion o£ • coordination of public school facilities element; • review of population projection figures; • corroboration on public school facilities siting, • infrastructure and safety needs of schools; • adoption of level of service standards; • review and comment of the public school capital facilities program; • definition of the geographic application of school concurrency; the use of schools by the public, including use as emergency shelters; and • for outlining public school concurrency requirements for future development. [9j-5.015(3)(c)12. and (3)(c)14.,F.A.C.] Policy 1.9.2: Identifying Deficient Levels of Service and Public School Facilities. The City shall coordinate with the School District of Volusia County to identify deficient Levels of Services for public school facilities, and to mitigate for those deficiencies through the development process when applicable. [9j-5.015(3)(c)12. and (3)(c)14.,F.A.C.] Policy 1.9.3: Participating in Regularly Scheduled Meetings. The City shall participate in regularly scheduled joint meetings with all participants identified in the Interlocal Agreement for Coordinated Land Use and Public School Facility Planning. [9J-5.015(3)(c)12. and (3)(c)14., F.A.C.] Objective 1.10: Population Projections. Coordinate population projections with Volusia County, Volusia County School Board, Volusia County Transportation Planning Organization, and other units of local government providing public facilities and services but not having regulatory authority over the use of land. Adopted on Date: 04/18/11 Ordinance No. 2010-0-23 VIII-6 CITY OF EDGEWATER CHAPTER VIII COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT Policy 1.10.1: School Board Coordination and Population Projections. The City shall meet annually or as needed with the Volusia County School Board to discuss population projections used in the City's Comprehensive Plan in order to allow the School Board to consider City growth and development projections and the City to consider School Board enrollment projections. The population projections shall address but not be limited to the location, timing and amount of school students. [9J- 5.015 (3)(c)11., F.A.C.] Policy 1.10.2: Volusia County TPO Coordination and Population Projections. The City shall meet annually or as needed with the Volusia County Transportation Planning Organization to discuss population projections and consider expected growth shown in the City's Comprehensive Plan. [9J- 5.015 (3)(c)11., F.A.C.] Adopted on Date: 04/18/11 Ordinance No. 2010-0-23 VIII-7