01-23-2006
V oting Order
Councilwoman Rhodes
Councilwoman Lichter
Mayor Thomas
Councilwoman Rogers
Councilman Vincenzi
AGENDA
CITY COUNCIL OF EDGEW A TER
REGULAR MEETING
January 23, 2006
7:00 PM
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. APPROV AL OF MINUTES - None at this time.
3. PRESENT A TIONS/PROCLAMA TIONS/PLAQUES/CERTIFICA TES/DONA TIONS
A. Edgewater Police Department recognizing Bob and Bertha Morin, Citizens Assisting
Police members, as "Volunteers of the Quarter".
4. CITY COUNCIL REPORTS
5. CITIZEN COMMENTS
This is the time for the public to come forward with any comments they may have. Citizen
comments relating to any agenda matter may be made at the time the matter is before
Council. Please state your name and address, and please limit your comments to five
minutes or less.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public Hearing, Dr. David Chess appealing the City Manager's interpretation
of Section 21-17 - "Non-Conforming Uses" of the City of Edgewater Land
Development Code for property located at 930 S. Ridgewood Avenue.
Annexations:
B. pt Reading, Ord. No. 2006-0-02, the City of Edgewater requesting
annexation of 17.63:!: acres of property located at 3930 South US1.
Rezonings:
C. 2nd Reading, Ord. No. 2005-0-49, Glenn Storch, agent for Worthington Creek
Investment, Inc., requesting an amendment to the Official Zoning Map to
include 155.64:!: acres ofland located west of US 1 and northwest of William
Street as RPUD (Residential Planned Unit Development) and approval of
associated RPUD Agreement. (1st reading 12/5/05, item 6C .)
D. 2nd Reading, Ord. No. 2005-0-50, Glenn Storch, agent for John and Patricia
Hickey, (Julington Oaks) requesting an amendment to the Official Zoning
Map to include 29 .20:!: acres ofland located west of US 1 and north of Clinton
Cemetery Road as RPUD (Residential Planned Unit Development) and
approval of associated RPUD Agreement. (1st reading 12/5/05, item 6D.)
City Council Agenda
January 23,2006
Page -2-
6. Public Hearings, Ordinances and Resolutions Cont.
E. 2nd Reading, Ord. No. 2005-0-57, RobertE. Jalbert, Sr., previous owner who
transferred the property to Douglas Klein, requesting an amendment to the
Official Zoning Map to include 1.15:!:: acres of property located at 3208 Eels
Grove Road as RT (Rural Transitional).
F. 1'( Reading, Ord. No. 2006-0-01, Scott Tobin, applicant for Mid Florida
Investments, LLC, (River Oaks) requesting an amendment to the Official
Zoning map to include 30.0 I:!:: acres ofland located east of US 1 and north of
Jones Fish Camp Road.
7. BOARD APPOINTMENTS
A. Animal Control Board - nomination by Mayor Thomas to fill seat due to the
expired term of Elizabeth DiMascio, who did not seek reappointment.
8. CONSENT AGENDA - None at this time.
9. OTHER BUSINESS
A. Public Safety Services - staff recommending proposed "draft" ordinance
establishing a program to charge user fees to non-residents for public safety
services for motor vehicle accidents.
B. Outdoor Amphitheater Stage Cover - staff recommending the purchase of a
custom stage cover from BPI International using a State Contract for a total
amount of$189,655.75.
C. Voluntary Development Fee Discussion - staff has requested voluntary
development fees to offset the cost of drainage studies, school sites,
landscaping, median improvements and maintenance, and the animal shelter.
Councilman Vincenzi requested this item appear before Council for
discussion.
10. OFFICER REPORTS
A. City Clerk
B. City Attorney
C. City Manager
11. CITIZEN COMMENTS/CORRESPONDENCE
A. Tentative Agenda Items
12. ADJOURN.
Note: All items for inclusion on the February 13, 2006, agenda must be received by the City
Manager's office no later than 4:30 p.m Monday, February 6, 2006.
Pursuant to Chapter 286, F.s., if an individual decides to appeal any decision made with respect to any matter
considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that
a verbatim record of the proceedings is made. The City does not prepare or provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of
these proceedings should contact City Clerk Susan Wadsworth, 104 N. Riverside Drive, Edgewater, Florida, telephone
number 386-424-2407, 5 days prior to the meeting date. If you are hearing or voice impaired, contact the relay
operator at 1-800-955-8771.
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AGENDA REQUEST
Date: January 9, 2006
PUBLIC
HEARING
x
RESOLUTION
x
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION
AP-060 1
Dr. David S. Chess, owner, appealing the City Manager's
interpretation of Section 2 1-71 - "Non-Conforming Uses" of the
City of Edge water Land Development Code for property located at
930 S. Ridgewood Avenue (EXHIBIT 'A').
PROPOSED USE: Professional Medical Office
LOCATION: 930 S. Ridgewood Avenue. (Parcel ID #7433-09-00-0010)
AREA: .13 ::I: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Commercial
ZONING DISTRICT: B -3 (Highway Commercial)
VOTING DISTRICT: 1
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Commercial Commercial B-3 (Highway Commercial)
East Commercial Commercial B-3 (Highway Commercial)
South Single Family Commercial B-3 (Highway Commercial)
Residential
West Commercial Commercial B-3 (Highway Commercial)
Background
The property owner is appealing the City Managers interpretation of the Land Development Code, Article VII -
Section 21-71.0 1 (e) which states:
e) Change in Use. A nonconforming use shall not be changed to any other use unless such use conforms to
the provisions of this Code. A change in use shall mean a substantial change in character involving
activities that result in different external impacts. A change only in the items offered for sale or
manufactured or a change in the business name shall not constitute a change in use.
The subject property has a Commercial Future Land Use designation and is zoned B-3 (Highway Commercial). It
was most recently utilized as residential. The owner wishes to convert the structure to a professional medical office.
While this use is consistent with the Future Land Use and Zoning designations, the site does not conform to the site
design criteria as set forth in Article V of the Land Development Code in regards to parking, landscaping and
stormwater retention. The City Manager made the determination that the subject site met the above referenced criteria
for a change in use and is therefore subject to the LDC site design requirements.
This issue was previously presented to City Council on May 16, 2005 to allow the owner to place a performance bond
equal to the value of the improvements and install the improvements within one (1) year (EXHIBIT 'B').
The applicant was issued a citation from the City of Edgewater on January 4, 2006 for operating a business without an
Occupational License. The applicant has refused to pay for the violation and returned the citation to the City.
Land Use Compatibility
The surrounding land use is Commercial, which is consistent with the Commercial Future Land Use designation.
Adequate Public Facilities
City water and sewer is available to this property. The proposed property has frontage on Ridgewood A venue.
Consistency with Comprehensive Plan
The Comprehensive Plan does not address this issue.
Other Matters
No other known matters are associated with this site.
STAFF RECOMMENDATION:
Staff recommends upholding the City Manager's interpretation of Article VII - Section 21-71.01(e) of the Land
Development Code that proposed use of the property meets the criteria ofa Change in Use and must be brought
into compliance with the Site Design Criteria set forth in the Code (i.e. paving, landscaping, drainage, etc.).
ACTION REQUESTED
Motion to uphold the City Manager's interpretation of Article VII - Section 21-71.01(e) of the Land
Development Code that proposed use of the property meets the criteria of a Change in Use and must be brought
into compliance with the Site Design Criteria set forth in the Code (Le. paving, landscaping, drainage, etc.).
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO
X
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
(....~ ~.
-~~;-r~ j ..'01 r-.-k~
Robin Matusick
Paralegal
Darre Lear
Development Services Director
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EXHIBIT IAI
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January 14,2006
David S. Chess
209 Oak Branch Dr.
Edgewater, FL. 32141
FUE:900213/900213
Case: 2005-CE-II047
Dear city of Edge water,
This letter is to acknowledge my receipt of a citation for no occupational license for 930 S. Ridgewood ave.
I do not conduct my business out of this location at this time. I have used it as a second home since my
purchase of the property in 2-11-05. I see patients in Edgewater at 2305D Ridgewood ave. I also maintain
offices in Port Orange and Deland. This citation is issued in error, please correct this mistake.
I have attempted to gain an occupational license for 930 S. Ridgewood and I am awaiting the City Council
meeting of January 23,2006 to further this cause. The future of this historic building, and its economic
viability will be discussed. It is my hope that we will come to a common interest in this important issue and
the future of this property will become secure. Again, I repeat there are only two buildings left on the US 1
corridor that predate the city and should be considered as important to the city (the Church and 930). They
should be kept t in as close as possible to there original condition, and provide a glimpse of the Hawks park
legacy. Unfortunately the prior administrations allowed this important site to be crowded and neglected in
the past. I pray the present administration will have a clear vision on the importance of maintaing the cities
historical heritage. Please note on page 77 of Images of America Sammons and Sikes the photograph of the
building in the lower half of the page is very similar to the architectural design of the building at 930 S.
Ridgewood ave. The property description that I have provided you at an earlier date refers to the property
as Mendell homestead.
In closing I thank you for your time and interest, and I hope that we can move forward with this issue in the
near future. Please forward a copy of this response to the Mayor and City Council members.
Sincerely yours,
(-'~ f"
"",._.,"~"" ......,....
/' ,;" .\-......
~.. t...,L.o Iv. ,",' ~
Dr. David S. Chess
ll'
/""''/
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INVOICE
Page 1
City of Edgewater
City Hall "
City Clerk's Office
104 North Riverside Drive
Edgewater FL 32132
www.citvofedaewater.ora
To: DAVID CHESS 0259
930 S RIDGEWOOD AVE
EDGEWATER, FL 32132
Invoice No.: 156
Date: 01/12/06
Customer No: 900213/900213
Type: CE - CODE ENFORCEMENT
Quantity'
Description
Unit Price
Extended J~rice
1.00
CE-CH] ]-2 OCC LIC TAXES &
108.00
] 08.00
EACH OFFENSE
CHAPTER] ]-2
OCCUPATIONAL LICENSES, TAXES & REGULATIONS
LICENSE REQUIRED; ISSUANCE (DOING BUSINESS WITHOUT
OCCUPATIONAL LICENSE)
Total Due:
$108.00
cc: David Chess
209 Oak Branch Drive
Edgewater FL 32141
Please detach and send this copy with remittance.
-..----..----..----..-..-----.--.-..----..-------..-...-..----..----..--.-..--.-------..----..-------..-
Due Date: '02/1 ~/06
Name: DAVID CHESS 0259
Customer No: 900213/900213
Type: CE - CODE ENFORCEMENT
Total Due: $108.00
Invoice No: 156
Terms: Net 30 Days
Remit and make check payable to:
City of Edgewater
P.O. Box 100
Edgewater FL 32132-0100
l. . ':-'1 ~ ~'~
\.,:- -' ,,-' .~! ~::
City of Edgewater
Department of Fire and Rescue Services
Community Services Division
PO Box 100
1605 South Ridgewood Avenue
Edgewater, FL 32132
(386) 424-2414
codecompliance@cityofedgewater.org
CITATION
Date: I - 4... ell.. Case #:
Name: ti..v:J L~t',u 1.lV'j
Address or Parcel number: Gl ~Q
Phone:
Date/Time violation first observed: ( I., 2J ~.
Nature of violation: 0) Nv tUCul,..jc,'j}~".J
bOS-(t" \to ')
o ide,. 't,"i:;, ~t<J,
oS, Rt '~S~.""'(:McJ
OS'
t 1'\6'\1t',
Notice of violation number: ti i l '-"3
Violation(s) of Land Development Code/Code of
Ordinances; LA .If. I) j. (t~:l ;....lO.f. t..,O:.
Section: (1) il-L Description: Ii Gh~~. O'''C.ej U,,,.l.(
Section: (2) Description:
Section: (3) Description:
Civil fine (violation 1) $ for, Vi 0-
Civil fine (violation 2) $
Civil fine (violation 3) $
The property must be brought into compliance in the
following m~er: Ci~~",-.",- (,,1"1 a~ f.,(Ji'......JGC.
Of ~"'r...h-~-J. \I<.C'P>ic:..
Signature of owner/tenant: (;.e,' hlreJ "'"".: 1
Method of notice: "1 ot}s~ - 03Cl ().. Oc (ij, 17(:,"1- fi 1t.
Code Compliance Officer: 4', Il 'h,.,;,,-~ .\" I
Date: I-Y-\\b
Time: ~>. 3'0 1\1'''''\
White - Code Board Yellow - Finance
Pink - Code File Gold - Owner/Tenant
EXHIBIT IBI
AGENDA REQUEST
Date: April 28. 2005
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS May 16. 2005
ITEM DESCRIPTION: Dr. David Chess, chiropractor, is requesting acceptance of a performance
bond for conversion of a residential home to commercial use.
BACKGROUND: On Apri16, 2005, Dr. David Chess applied for a City of Edge water Occupational
License for a chiropractic office to be located at 930 South Ridgewood Avenue. The site is in the B-
3 (Highway Commercial) zoning district. The building had been previously used as a private
residence and no commercial occupational licenses were ever found to be issued at that address.
The site consists of an existing two-story residence with no paved parking and a driveway access
(curb cut) from South Ridgewood Avenue. In an effort to expedite the opening of his practice, Dr.
Chess has agreed to provide a performance bond in the amount of $32,780 (1100.10 of the estimated
cost of site development including but not limited to permits, site preparation, paving, signage,
landscaping and stormwater maintenance). Dr. Chess will be required to obtain all necessary
variances and site plan approval prior to completion of the site improvements in compliance with all
applicable City, County, State and Federal requirements within six (6) months of issuance of the
occupational license.
STAFF RECOMMENDATION: Staff recommends acceptance ofa performance bond for Dr.
David Chess for a time period not to exceed six (6) months and contingent on completion of the
conditions of the any required variances and site plan requirements.
ACTION REOUESTED: Motion by City Council to accept a performance bond Dr. David Chess
for a time period not to exceed six (6) months and contingent on completion of the conditions of the
any required variances and site plan requirements.
FINANCIAL IMPACT: (FINANCE DIRECTOR)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
Darren Lear
Chief Planner
Robin Matusick
Paralegal
Kenneth R. Hooper
City Manager
council agenda request p&z approval
PROPOSAL
Page No.
of one Pages
Luis C. Geil, CGC # 01~245
2305 So. Ridgewood Ave., Suite
Edgewater, Florida 32141-4231
"C"
APR 2 .1 2005
PROPOSAL SUBMITTED TO:
PHONE:
386-423-3100
JOB NAME:
II DATE: .
April 25, 20050
NAME:
Dr. David Chess
930 So. ~1d~ewood Avenue
Chiropractor!s Office
STREET:
STREET:
930 So.
Ridgewood Ave.
I STATE: Florida
IDc1g8water
CITY:
Edgewater
CITY:
STATE:
Florida
32132
We hereby submit specifications and estimates for:
1.- Permits
2.- Site preparation, cle.aring, grading, excavation, fill, etc.
3.- 6" concrete paving with curbing.
4.- Driveway connection from US Hwy N01 to the property.
5.- Signs to comply with ADA requirements.
6.- Paved walk way to front porch.
7.- Landscaping.
8.- Underground stormwater exfiltration system.
NOTES.:
A.- Proposal. is based without the benefit of a topographic survey.
~- Proposal is also based upon enclosed preliminary site plan dated
April 25, 2005 prepared by Geil, Development Servi.ces (# 0502)
We hereby propose to furnish labor and materials - complete in accordance with the above specifications, for the sum of:
'r"!sn ty-nine-thousand-eight-hundred. . . . dollars (S
To be established.
29,800.00
) with payment to be made as follows:
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation
from above specifications involving extra costs, will be executed only upon wrillen orders, and will become an extra charge over and above the estimate. All
agreements contingent upon strikes, accidents or delays beyond our control. This proposal subject to acceptance within
~hereafter at the option of the undersigned.
days and is void
Authorized Signature
ACCEPTANCE OF PROPOSAL
The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Paymenl will be made
as outlined above.
ACCEPTED:
Signature
Date
Signature
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G~A
EDGEWATER POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
DATE:
January 9,2006
ChIU~ Ignasiak
dmcer Timothy Ball
TO:
FROM:
SUBJECT:
Volunteer of the Quarter, Sept - Dec 2005
Citizens Assisting Police
Bob and Bertha have been members of the Citizens Assisting Police since
September 2004.
Bob and Bertha currently work on the average, six days a week. Their day
begins with volunteering time working in the C.A.P. Office or the Police Station.
You can also find them directing school zone traffic and conducting the "vacation
watches" .
Whatever tasks are asked of Bob and Bertha, they readily agree to help no
matter how big or small the task. They are always eager and ready to volunteer
their time. On several occasions, I have called out Bob and Bertha from their
home to assist with directing traffic during emergency situations. They readily
and quickly responded and have become very reliable when we are in need of a
quick response.
Bob and Bertha are also responsible for raising over three thousand dollars in
the last six months for our non-profit entity, the Edgewater Citizen Watch
Association, Inc. Furthermore, Bob and Bertha have been recognized to have
sold the most raffle tickets during the last year Harley Raffle, where we grossed
over thirty thousand dollars.
I would like to recognize Bob and Bertha for their great enthusiasm and
dedication to the Edgewater Police Department, Citizen Volunteers. Bob and
Bertha were selected as Volunteers of the Quarter for September through
December of 2005 because of their devotion and passion for serving the city of
Edgewater as members of the Citizens Assisting Police.
AGENDA REQUEST
Date: Januarv 10. 2006
PUBLIC
HEARING Januarv 23.2 006 RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
1st Reading - Ordinance No. 2006-0-02
The City of Edgewater requesting annexation of
approximately 17.63:l:: acres of land located
southwest of the Edgewater Lakes Subdivision
Phase la (Northstar Lane).
OWNER: City of Edgewater
APPLICANT/AGENT: City of Edgewater
REQUESTED ACTION: Annexation
PROPOSED USE: Animal Services Facilities
LOCATION: Southwest of the Edgewater Lakes Subdivision Phase la (Northstar Lane)
AREA: 17.63:l:: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Volusia County - Urban Low Intensity
ZONING DISTRICT: Volusia County - R-3 (Urban Single-Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant Low Density Residential and RPUD (Residential Planned
Commercial Unit Development)
East Vacant Low Density Residential and RPUD (Residential Planned
Commercial Unit Development)
South Vacant Volusia County - Industrial Volusia County A-3
and Urban Low Intensity (Transitional Agriculture), 1-4
(Industrial Park), and I-I (Light
Industrial).
West Vacant Volusia County - Urban Low Volusia County A-3
Intensity (Transitional Agriculture), 1-4
(Industrial Park), and I-I (Light
Ind ustrial).
AN-OS)7 - City
Background
This property is located south and west of the Edgewater Lakes Subdivision, Phase 1a. The City has
recently purchased the land from the County of V olusia. The City proposes to utilize the property for an
animal shelter as approved in the General Election of 2004.
At the January 11, 2006 Planning and Zoning Board meeting the Board voted to approve the annexation
request.
Land Use Compatibility
The proposed use of the property is compatible with the surrounding area, which includes the
proposed public/semi-public usage on the property to the south.
Adequate Public Facilities
All necessary infrastructure shall be constructed prior to the completion of the proposed facilities.
Natural Environment
The natural environment includes PinelMesic Oak, Scrub Oak and Wet Prairie; soils include Daytona
Sand and Pompano- Placid Complex. An environmental analysis shall be completed prior to
development.
Comprehensive Plan Consistency
The annexation of this property is not in conflict with the Comprehensive Plan.
Other Matters
There are no other know matters associated with this site.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-02; annexing 17.63::1:: acres ofland located southwest
of the Edgewater Lakes Subdivision Phase 1a (Northstar Lane).
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-02.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
Respectfully Submitted By:
D~~
Development Services Director
~;--rry~.,~~
Robin Matusick
Paralegal
i!~
enneth R. Hooper
City Manager
AN-OS!? - City
2
ORDINANCE NO. 2006-0-02
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY
LOCATED AT 3930 US HIGHWAY NO.1, VOLUSIA
COUNTY, INTO THE CITY OF EDGEWATER, FLORIDA;
SUBJECT TO THE JURISDICTION, OBLIGATIONS,
BENEFITS AND PRIVILEGES OF THE MUNICIPALITY;
AMENDING THE DESCRIPTION OF THE CITY OF
EDGEW A TER CORPORATE LIMITS; PROVIDING FOR
FILING WITH THE CLERK OF THE CIRCUIT COURT,
VOLUSIA COUNTY, THE VOLUSIA COUNTY PROPERTY
APPRAISER AND THE DEPARTMENT OF STATE;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. City of Edgewater, owner/applicant for annexation of property located at 3930 US
Highway No.1, within V olusia County, Florida. Subject property contains approximately 17.63 !
acres.
2. The owner/applicant has voluntarily petitioned (applied) the City of Edgewater for
annexation pursuant to Section 171.044, Florida Statutes.
3. The property is contiguous to the City's boundaries and the conditions for annexation
and the economics thereof are satisfactory.
4. The boundaries of Voting District 4 of the City of Edgewater are hereby designated
to include the property described herein.
5. During the Planning and Zoning Board meeting on January 11, 2006, the Board
recommended by a vote of 7 to 0 that the property be annexed into the City of Edgewater.
Stl tick tl.l ol1gl. passages are deleted.
Underlined passages are added.
2006-0-02
1
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
ANNEXATION OF CERTAIN REAL PROPERTY INTO THE
CITY OF EDGEW A TER, FLORIDA.
1. Pursuant to Section 171.044, Florida Statutes, that certain real property described in
Exhibit "A" and depicted in the map identified as Exhibit "B", which are attached hereto and
incorporated by reference, is hereby annexed into and made part of the City of Edgewater, Florida,
and shall be subject to the jurisdiction, obligations, benefits and privileges ofthe municipality.
2. The boundaries of the City of Edge water are hereby redefined to include the property
described herein and depicted in the map identified as Exhibit "B".
3. Pursuant to Section 2.01 of the Charter of the City of Edge water, Florida, that certain
document entitled "Description of City of Edgewater Corporate Limits" shall be amended
accordingly.
4. Within seven (7) days after adoption, copies of this ordinance shall be filed with the
V olusia County Clerk of the Circuit Court, the V olusia County Property Appraiser, the V olusia
County Manager, the Mapping Division of the Volusia County Growth Management Department,
and the Department of State.
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
Simek t1HOtIgh passages are deleted.
Underlined passages are added.
2006-0-02
2
PART C.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on January 23, 2006, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
StlUGk tluctll5h passages are deleted.
Underlined passages are added.
2006-0-02
3
After Motion by
and Second by
the vote on the second reading/public hearing of this ordinance held on February 13,2006, was as
follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 13th day of February, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
StJ tick t1l1otl~h passages are deleted.
Underlined passages are added.
2006-0-02
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 13th day
of February, 2006 under Agenda Item No.
6
4
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
PARCEL I:
A portion of U.S. Lots 1 and 2, Section 13, Township 18 South, Range 34 East, being described as
follows:
As a point of reference begin at the Northwest comer of US. Lot 2, Section 13, Township 18 South,
Range 34 East; thence N 68038'36" E, along the North line of said U.S. Lot 2, a distance of 154.03
feet; thence S 28002'31" E, a distance of 439.34 feet; thence S 14010'55" E, a distance of 483.39;
thence S 22048'24" E, a distance of 198.47 feet to the South line of said U.S. Lot 2; thence S
87035'58" W, along said South line, a distance of 531.19 feet to the West line of said US. Lot 2;
thence S 00050'02" E, along the East line of said US. Lot 1, a distance of 84.36 feet; thence S
89032'43" W, a distance of210 feet; thence N 00050'02" W, a distance of 1010.00 feetto the North
line of said U.S. Lot 1; thence N 68038'36" E, along said North line, a distance of224.23 feet to the
Point of Beginning.
PARCEL II:
A portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East and being more particularly
described as follows:
As a point of reference commence at the Northwest comer of U.S. Lot 2, Section 13, Township 18
South, Range 34 East; thence N 68038'36" E, along the North line of said U.S. Lot 2, a distance of
154.03 feet; thence S 28002'31" E, a distance of 439.35 feet; thence S 14010'55" E, a distance of
387.51 feet for the Point of Beginning; thence N 83050'50" E, a distance of 505.89 feet; thence S
25006'23" E, a distance of 164.34 feet; thence S 57044'13" E, a distance of 283.75 feet to the
Southerly line of said US. Lot 2; thence S 87035'58" W, along said Southerly line, a distance of
712.85 feet; thence N 22048'24" W, a distance of 198.47 feet; thence N 14010'55" W, a distance of
95.89 feet to the Point of Beginning.
Containing 17.63 .:!: acres more or less.
Stltlck tllIotlgh passages are deleted.
Underlined passages are added.
2006-0-02
5
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-(
",0
AGENDA REQUEST
Date: Januarv 17. 2006
PUBLIC
HEARING Januarv 23.2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-49
Glenn D. Storch requesting an amendment to the
Official Zoning Map to include 155.64::1:: acres of land
located west of US Highway 1 and northwest of William
Street as RPUD (Residential Planned Unit
Development) and approval of the associated RPUD
Agreement.
OWNER: Worthington Creek Investment Inc.
APPLICANT: Glenn D. Storch, P.A.
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RPUD and approve the
associated RPUD Agreement.
PROPOSED USE: Single-family residential subdivision to be known as Worthington Creek.
LOCATION: West of US Highway 1 and northwest of William Street
AREA: 155.64::1:: Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Residential with Conservation Overlay
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Vacant Volusia County - Urban Low Volusia County - A-3
Intensitv (Transitional Agriculture)
East Vacant, warehouse, Volusia County - Urban Volusia County - MH-5W
service shop Medium Intensity (Urban Mobile Home), MH-1W
(Mobile Home Park), and B-4W
(General Commercial)
South Single- Family Volusia County - Urban Low Volusia County - A-3
Residential and Intensity (Transitional Agriculture)
Vacant
West Vacant Rural Volusia County - A-2 (Rural
Agriculture)
Background
The applicant is proposing a single-family residential subdivision not to exceed 436 dwelling units. Average lot
sizes within the development shall range from 55' x 120' to 75' x 120'. There will be two (2) access roads from US
Highway 1 to serve the gated subdivision. The Homeowner's Association shall maintain all interior roads. Three
passive parks/recreation areas shall be located within the development. The Future Land Use Map amendment
for this site was adopted on October 10, 2005. A 50-foot buffer, with a 25-foot berm with landscaping and/or
RZ-0502 - Worthington
fencing shall be located along the southern boundary of the property. Residences located along this boundary
shall be limited to single-story.
At their regular meeting of September 14, 2005 the Planning and Zoning Board voted 4-2 to send a favorable
recommendation to City Council for the proposed Zoning Map amendment.
City Council approved Ordinance No. 2005-0-49 by a vote of 5-0 at first reading on November 7, 2005.
The associated RPUD Agreement defines all development requirements for this property.
Land Use Compatibility
The proposed development is also consistent with the surrounding area, which is primarily residential and
vacant.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway 1. The
City of Edgewater has verified that potable water is available along U.S. 1 and that sufficient water capacity
exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater Treatment
Plant and is conveyed via an eight-inch (8") force main. County staff has indicated that there is adequate
wastewater treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency with
current level-of-service roadway standards. Any indication of a deficiency in roadway capacity due to the
proposed project must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be completed and approved by City staff prior to development of this
property.
Comprehensive Plan Consistency
The proposed zoning designation of RPUD (Residential Planned Unit Development) is compatible with the Low
Density Residential with Conservation Overlay Future Land Use Designation.
Other Matters
Requests for preliminary plat approval and subdivision development shall be submitted at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-49; amending the Official Zoning Map to include
approximately 155.64::1: acres of land located west of US Highway 1 and northwest of William Street as RPUD
(Residential Planned Unit Development) and approval of the associated RPUD Agreement.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-49.
PREVIOUS AGENDA ITEM:
DATE: November 7. 2005
December 19. 2005
YES X
AGENDA ITEM NO.
NO
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Robin Matusick ~
Paralegal
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Kenneth R. Hooper '\ 0
City Manager
Darre Lear
Development Services Director
RZ-0502 - Worthington
2
ORDINANCE NO. 2005-0-49
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICUL TURE) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) FOR PROPERTY
LOCATED WEST OF U.S. HIGHWAY NO. 1 AND
NORTHWEST OF WILLIAM STREET, EDGEWATER,
FLORIDA; AUTHORIZING THE MAYOR TO EXECUTE
THE PLANNED UNIT DEVELOPMENT (PUD) ZONING
AGREEMENT FOR THE WORTHINGTON CREEK
SUBDIVISION; AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF EDGEW A TER; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Glenn D. Storch, P.A., (agent) on behalf of Worthington Creek Investment, Inc. who
is the owner/applicant for property located West ofU. S. Highway No.1 and Northwest of William
Street, Edgewater, Florida. Subject property contains approximately 154.97 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from County A-3 (Transitional Agriculture) to City RPUD (Residential Planned Unit
Development) for the property described herein.
3. On September 14,2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 4 - 2, the Board
recommended that City Council consider approval of the request.
4. On November 7,2005, the City Council considered on first reading/public hearing
Shtick tIlIotl~h passages are deleted.
Underlined passages are added.
2005-0-49
1
the proposed change in the zoning classification after publication of such hearing in the Observer
on October 27, 2005.
5. On December 5, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on November 25,2005, and notifying by mail all
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
Stl tick tlu Otll5h passages are deleted.
Underlined passages are added.
2005-0-49
2
A-3 (Transitional Agriculture) to City RPUD (Residential Planned Unit Development) pursuant to
the associated Planned Unit Development (PUD) Agreement for Worthington Creek Subdivision
(attached hereto and incorporated as Exhibit "B").
The following described real property all lying and being in the County of V olusia
and State of Florida.
Parcel relating to Ordinance #2004-0-46:
The following described real property all lying and being in the County of V olusia
and State of Florida.
That part of the South Yz ofU. S. Government Lot 3, located in Section 24, Township
18 South, Range 34 East, (as measured on the West line ofU. S. Highway No.1),
lying West ofU. S. Highway No.1 and that part of Section 19, Township 18 South,
Range 35 East, lying East of the South Yz of U. S. Government Lot 3, Section 24,
Township 18 South, Range 34 East and lying West ofU. S. Highway No.1 and the
South 548 feet of that part of the Northeast 1/4 of the Southwest 1/4 of said Section
24, lying East of the Florida East Coast Railway and the South 548 feet of that part
of the Northwest 1/4 of the Southeast 1/4 said Section 24, lying East of the Florida
East Coast Railway.
That part of the North Yz ofU. S. Government Lot 3, located in Section 24, Township
18 South, Range 34 East (as measured on the West line ofU. S. Highway No.1),
lying West of U. S. No. 1 Highway and that part of the Northeast 1/4 of the
Southwest 1/4 and the Northwest 1/4 of the Southeast 1/4 of Section 24, lying East
of the FEC Railway except the South 548 feet and except the North 247.7 feet of the
West 990 feet ofthe Northwest 1/4 of the Southeast 1/4 and except the North 247.7
feet of the East 446 feet of the Northeast 1/4 ofthe Southwest 1/4 of said Section 24.
Containing 74 ::!:: acres more or less.
Parcel relating to Ordinance #2005-0-14:
The following described real property all lying and being in the County of V olusia
and State of Florida.
That part of the South Yz of the Southeast 1/4 of Section 24, Township 18 South,
Range 34 East, lying East ofFEC Railroad right-of-way, and that part of Section 19,
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Underlined passages are added.
2005-0-49
3
Township 18 South, Range 35 East, lying West of U.S. No.1 Highway and East of
said South Yz of Southeast 1/4 of Section 24, Township 18 South, Range 34 East,
except the Northerly 250 feet.
and
The Northerly 250 feet of that part of the South Yz of the Southeast 1.4 of Section 24,
Township 18 South, Range 34 East, lying East ofFEC Railroad right-of-way and that
part of Section 19, Township 18 South, Range 35 East, lying West ofU. S. Highway
No. 1 and East of said Northerly 250 feet of the South 1.2 of the Southeast 1.4 of
Section 24, Township 18 South, Range 34 East, also described as the North 250 feet
of the Southwest 1/4 of the Southwest 1/4 of Section 19, Township 18 South, Range
35 East, lying West of U.S. Highway No.1 right-of-way.
Containing 80.97 ::!:: acres more or less.
Total subject area containing 154.97 acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
above described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
Stl t1,k tlllotlgh passages are deleted.
Underlined passages are added.
2005-0-49
4
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on November 7,2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
During the second reading/public hearing held on December 5,2005, the City Council voted
to continue this hearing until January 9,2006.
During the City Council meeting on December 19, 2005, Council announced a further
continuation until January 23,2006 due to the January 9,2006 meeting being canceled.
Stl tick tlllOlll5h passages are deleted.
Underlined passages are added.
2005-0-49
5
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 23rd day of January, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stmck t1uotlg,h passages are deleted.
Underlined passages are added.
2005-0-49
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 23rd day
of January, 2006 under Agenda Item No.
6
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THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARDNER, LLP
111 North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW ATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
WORTHINGTON CREEK SUBDIVISION
THIS AGREEMENT is made and entered into this
day of
,2006
by and between, the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, whose
mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter
referred to as "City") and WORTHINGTON CREEK INVESTMENT, LLC., a Florida Limited
Liability Company, with P. Michael Evans as the authorized agent whose address is 1682 W.
Hibiscus Boulevard, Melbourne, Florida 32901 (hereinafter referred to as "Developer"). The
purpose of this Agreement is to define the terms and conditions granting the development approval
ofthe subject property.
NOW, THEREFORE, in consideration ofthe agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 155.64 ::t acres south of Clinton
Cemetery Road, west of US-I and east of the Florida East Coast ("FEC") Railroad, within
Edgewater, V olusia County, Florida. The legal description of the property is attached hereto as
Worthington Creek
Exhibit" A" - Legal Description. The Record owner ofthe subject property is WORTHINGTON
CREEK INVESTMENT, LLC, a Florida Limited Liability Company whose address is 1682 West
Hibiscus Boulevard, Melbourne Florida 32901 with P. Michael Evans as their authorized agent.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer shall
commence construction of Worthington Creek, as defined by the Master Plan, dated October 2005
(Exhibit "B" included herein), within one (1) year of required permit approvals for this project or
within eighteen (18) months of the effective date of this Agreement, whichever is greater.
Developer's failure to initiate construction within the time frame identified herein may result in the
City's termination of the Agreement. The City, at its sole option, may extend the duration of this
Agreement. This development must be consistent with the Master Plan and which must be approved
by City Council prior to commencement of any authorized work. Final approval of the Subdivision
Plans by City staff shall include, but not be limited to utilities, stormwater, traffic, streetlights, fire
rescue, hydrants, law enforcement, sidewalks, environmental, solid waste containment, and planning
elements, including landscaping, signage and pavement marking.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this Agreement
and in accordance with the City of Edgewater' s current Land Development Code. The Developer
further agrees that all development will be consistent with the Worthington Creek Master Plan dated
October 2005 (Exhibit "B"). Worthington Creek shall be developed consistent with the City's
development procedures. Final project approval may be subject to change based upon final
environmental, permitting, and planning considerations. Use ofthe property will be as follows:
Worthington Creek
2
A. Average Lot Size/Unit Count
Worthington Creek shall not exceed a total of 436 dwelling units. Based on the Preliminary
Plat approval, the total number of units may vary but the maximum residential units allowed for the
Worthington Creek Subdivision shall be less than 3 dwelling units per gross acreage or a maximum
of 436 units.
No lot will exceed a maximum building coverage of fifty percent (50%) with a maximum
impervious coverage of seventy-five percent (75 %).
Lot Dimensions:
Density per PUD (436 units):
55' x 120'
65' x 120'
75' x 120'
not to exceed 232 lots
not to exceed 176 lots
28 lots
B. Minimum Single Familv House Square Footage
The minimum house square footage for 436 residential units shall consist of not less than
1,300 square feet living area. Each single-family residence will have a minimum of a two (2) car
enclosed garage. No carports shall be allowed.
C. Minimum Yard Size and Setbacks:
55' Lots
Front - 25'
Rear - 20'
Side -7.5'
Side Comer - 15'
Maximum Height - 35'
Utility Easements - 10' front, 5' sides
Wetlands - 25'
Worthington Creek
3
Swimming Pools - Rear - Rear - 7.5' to pool deck edge and enclosures (non-comer lots)
Side - 7.5' (non-comer lots) 15' (side-comer lots) to pool
deck edge and enclosures.
65' Lots
Front - 25'
Rear - 20'
Side - 7.5'
Side Comer-IS'
Maximum Height - 35'
Utility Easements - 10' front,S' sides
Wetlands - 25'
Swimming Pools -
Rear - 7.5' to pool deck edge and enclosures (non-comer lots)
Side -7.5' (non-comer lots) 15' (side-comer lots) to pool deck edge
and enclosures.
75' Lots
Front - 25'
Rear - 20'
Side -7.5'
Side Comer-IS'
Maximum Height - 35'
Utility Easements - 10' front,S' sides
Wetlands - 25'
Swimming Pools - Rear - Rear -7.5' to pool deck edge and enclosures (non-comer lots)
Worthington Creek 4
Side - 7.5' (non-comer lots) 15' (side-comer lots) to pool
deck edge and enclosures.
D. Roads
There shall be two (2) access road entrances permitted from US-l to service the gated
subdivision with a minimum right-of-way width of sixty feet (60').
A south bound right turn lane and a northbound left turn lane, shall be required along US-l
for the main entrance and may be required, as determined by a traffic study, for the secondary access
point and shall meet all FDOT required specifications.
All private roadways within the development shall have a minimum right -of-way width of at
least fifty feet (50').
Due to the subdivision being a gated community, all interior roads shall be maintained by the
HOA. Emergency vehicle access will be provided by the developer and approved by the City.
The developer agrees to add landscaping as approved by the City and FDOT in the median( s)
on US Highway 1 fronting this site and will be maintained by the HOA.
E. Stormwater Management
The Retention Pond(s) will meet the requirements ofthe St. Johns River Water Management
District and the City's Land Development Code. The pond(s) are approximately 29.38:1:: acres,
subject to final engineering, and will be owned and maintained by the HOA. Developer is required
to provide an outfall to a publicly owned or controlled drainage conveyance system, and obtain an
off-site drainage easement if necessary.
Developer agrees that the stormwater leaving the site cannot cause off-site flooding to any
downstream properties.
Flood Plain Encroachment and Comoensatory Stora2e Criteria.
Worthington Creek
5
Defmitions
FEMA - Federal Emergency Management Agency
FIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
NGVD29 - National Geodetic Vertical Datum of 1929
NA VD88 - North American Vertical Datum of 1988
SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to
which ground or surface water can be expected to rise during a normal wet season.
SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the zone
of water saturated soil at the highest average depth during the wettest season of the
year.
100- Year Flood Elevation - The flood elevation that has a one percent (1 %) chance of
being equaled or exceeded each year.
The on-site 1 DO-year flood elevation shall be established to the satisfaction of the City
Engineer.
Establishing the 100-year flood elevation may be based upon a combination of:
FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and
regional nature; and site-specific assessments signed and sealed by a professional
engineer licensed to practice in the State of Florida.
Projects located near the coast should evaluate any flooding effects associated with
both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones
Worthington Creek
6
A, AE, AH and AO).
In the case of conflicting information, the City will rely upon the highest elevation,
unless reasonable assurance can be provided that a lower elevation is justified.
Under no circumstances will the City accept a 100-year flood elevation determined
by overlaying a FEMA Zone A delineation with any topographic contour
information.
Construction plans and drainage basin maps shall be annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on-site 100-year flood elevation.
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot
(i.e. I-foot topographic contour interval and 100 year flood elevation to one decimal
accuracy). USGS quadrangle maps depicting 5- foot topographic contours are not adequate to
comply with these design standards.
Flood plains shall be delineated for all storage areas located within the property boundary as
defined by the pre-development topography, even if these areas are not illustrated on FEMA
FIRM panels.
Historically, flood elevations published by FEMA and other governmental agencies have
been determined using the NGVD29 datum, or for that matter any other vertical datum, a
"datum shift" may be required to "adjust" the applicable on-site 1 OO-year flood elevation to a
common and consistent datum.
The SHGWT shall be established by drilling a sufficient number of geotechnical borings,
whereas the SHWL shall be determined by an ecological assessment of hydric soils,
Worthington Creek
7
vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be
determined for all wetlands, depressions, and any other low areas within the property
boundary that are capable of impounding stormwater runoff on the developed property.
Flood plain encroachment shall be computed for all fill placed within the flood plain below
the 1 DO-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all 1 DO-year flood plain encroachments shall be provided in
accordance with the following requirements.
Compliance will be based upon a volume for volume ("cup for cup") methodology,
with the volume of compensation equal to the volume of encroachment at each and every
elevation (I-foot contour interval). Providing compensating storage equal to the volume of
encroachment at each elevation will provide equivalent flood plain management for all storm
events of magnitude less than the 1 DO-year storm event, and is intended to prevent
cumulative water quality impacts.
Storage creation must occur below the existing 1 DO-year flood elevation and above the
predicted SHGWT and/or SHWL.
Compensation must occur within dedicated storage areas excavated contiguous to, but
outside of, the existing 1 DO-year flood plain.
Under no circumstances will compensatory flood storage be allowed within ponds that also
provide stormwater management (retention and/or detention) for the proposed development.
The City may approve the creation of offsite compensatory storage areas located outside the
Worthington Creek
8
property boundary on a case-by-case basis.
The City reserves the right to enforce additional criteria upon any project that is located
within what the City considers a special flood hazard area. At the City's discretion,
additional flood control measures may be required to adequately protect, upstream systems,
downstream systems, and/or offsite properties.
F. Signage
All subdivision signage will be located within common areas along the main entrance road
(not within public right-of-way) to the subdivision and must meet all requirements of the Land
Development Code. A written easement dedicated to the HOA must be recorded for the location of
the sign. Developer shall dedicate all sign locations to the HOA.
G. Trees
There shall be a minimum offour (4) trees per each single-family home building lot. Trees
shall be 2 W' in diameter, measured 6" above the soil line and shall be of a variety listed in Exhibit
"C" - Trees. A tree survey shall be provided prior to construction plan approval. Each lot shall
have a tree survey prior to the issuance of a building permit. The purpose of the tree survey shall be
to determine the number of specimen and historic trees and to determine the tree mitigation
requirements.
Statistical tree survey information may be considered at the discretion of the Planning
Director. However, such statistical surveys shall be limited to sites containing an overstory
consisting predominantly of trees uniform in age, species and distribution, which do not contain
specimen or historic trees. Statistical surveys must be conducted in compliance with accepted
forestry practices.
Worthington Creek
9
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
H. Environmental Constraints
Any development of the property shall comply with all recommendations contained in all
Environmental Constraints Summary Report( s) as prepared by Biological research Associates dated
October 2005 and/or any future environmental reports as approved by federal and state agencies.
1. Entrance to Subdivision
There shall be two (2) entrances permitted from US-1 to the Development.
J. Declaration of Covenants, Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and
By- Laws for the Homeowners Association will be recorded in the public records of V olusia County
at the time the final plat for Worthington Creek is recorded.
K. Easements
Easements for rear yard construction purposes shall be located between every other lot and
shall have a width often (10') feet, being five (5) feet on each side ofthe lot lines for the benefit of
the adjoining lots in the event that access to the rear of the lot is required and the individual lot
owners side yard width is not adequate to accommodate the access. Easements for public utilities
shall be dedicated to the City and any other public utility provider.
L. Landscaping and irrigation plans must be submitted with final construction plans.
M. Model Homes and/or Temporary Construction/Sales Offices
At no time shall the number of model homes exceed a maximum of twelve (12) units.
Temporary construction/sales offices will not exceed a maximum of one per builder.
Worthington Creek
10
1. Model homes are permitted upon compliance of the following
requirements/conditions:
(a) A building permit shall be approved and issued by the City Building
Department;
(b) Adequate parking shall be provided;
(c) No permanent utility connections shall be allowed until said utilities
are completed and approved by all applicable regulatory agencies;
(d) A certificate of occupancy shall not be issued until final approval of
said utilities and permanent utility connections are complete;
( e) Adequate fire protection shall be provided;
(f) Adequate access to any model home must be provided prior to the
issuance of a building permit; and
(g) Model homes may serve as a sales office until the final certificate of
occupancy is issued on the last available lot.
2. Temporary Construction/Sales Offices are is permitted upon compliance of the
following requirements/conditions:
(a) Building permits are approved and issued by the City Building
Department;
(b) Temporary offices shall be removed within thirty (30) days after
completion of the first model home per builder; and
( c) Access to the temporary office, location and parking must be
approved by City staff prior to the issuance of a building permit.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Worthington Creek is Low Density Residential with
Conservation Overlay. The zoning designation for Worthington Creek shall be RPUD (Residential
Planned Unit Development) as defined in the City Land Development Code. The City of
Edgewater's permitted uses for RPUD are applicable to the development of the property and
consistent with the adopted Land Development Code and City's Comprehensive Plan.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Worthington Creek
11
Developer agrees to connect to the City's potable system at the nearest point of connection, the
nearest entrance ofthe subdivision. In the event the City requires the installation of oversized lines
or facilities designed to provide service for other properties, then the City shall pay for the cost of
such oversizing by means of a direct cash payment by the City to the developer or a credit against
water capital charges otherwise to be paid by the developer. All water main distribution system
improvements will be installed by the Developer and conveyed to the City by Bill of Sale in a form
acceptable to the City and dedicated to the City prior to or at the time of platting or in accordance
with the requirements contained in the Land Development Code as it relates to performance bonds.
B. Developer agrees to connect to and utilize the City's/County's wastewater
transmission and collection system. All wastewater collection and transmission system
improvements will be installed by the Developer and conveyed to the City/County by Bill of Sale in
a form acceptable to the City and dedicated to the City prior to or at the time of platting or in
accordance with the requirements contained in the Land Development Code as it relates to
performance bonds. Developer may desire to enter into an infrastructure agreement to facilitate the
installation of off-site wastewater collection/transmission system improvements.
C. The City has determined that reclaimed water is available at this time. Therefore,
the developer shall install piping for reclaimed service.
D. Developer agrees to provide, at no cost to the City, all required stormwater and utility
easements (on and off site) for drainage and utility service consistent with this provision.
E. All utility services will be underground.
F. Off-site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization) required by Department of Transportation
(Volusia County) and the City to enable project approval based on transportation requirements are
Worthington Creek
12
the developer's responsibility and shall meet all City, County and/or State requirements and
approvals.
G. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - 100% - The applicable impact fees due to the City for water shall be paid by
applicant at time of reservation of water capacity.
Sewer - 100% - The applicable impact fees due to the City for sewer shall be paid by
applicant at time of reservation of sewer capacity.
Police, Fire, Parks and Recreation - Paid to City by applicant at the time of Building
Permit application.
City Road Impact Fee - Paid to City by applicant at the time of Building Permit
Application.
V olusia County Impact fees for Roads and Schools - Paid at City Hall by applicant to
include, but not be limited to, County road and school impact fee, prior to a Building
Certificate of Occupancy.
Voluntary Stormwater Basin Fee - $71.39 per unit to be paid by applicant at the time
Building Permit application.
Voluntary Animal Shelter Impact Fee - $100 per unit to be paid by the applicant at the
time of Building Permit application.
The amount of all required impact fees shall be at the prevailing rate authorized at the time of
payment of impact fees.
H. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
Worthington Creek
13
1. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
J. Developer agrees to reimburse the City of Edge water for direct costs associated with
the legal review, engineering review and construction inspection related to the Worthington Creek
development approval and the construction of required infrastructure improvements and the review
and approval of the final plat.
K. The developer shall provide all public facilities to support this project including the
following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Piping for future reclaimed service.
4. Stormwater collection/treatment system.
5. Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the Subdivision. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
6. Developer is responsible for the costs of recording the plat upon approval by the City
of Edgewater.
7. Bonds - A Performance Bond, Tri-Party Agreement or Letter of Credit, shall be
110% of the costs of all requirement remaining improvements at the time of the
recording of the Final Plat. A Maintenance Bond equal to 10% of the cost of the
water and sewer improvements shall be provided to the City at the time issuance of a
Certificate of Completion. The Maintenance Bond shall be in effect for a two (2)
year period or as currently required in the Land Development Code.
Worthington Creek
14
8. Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of five feet (5') and shall be constructed prior to issuance of a
Certificate of Occupancy on each building lot. Developer shall provide a bond or
surety in a form acceptable to the City in the amount of$l 0.00 per lineal foot for two
(2) years. Or, upon review and approval and at the City's sole discretion, City may
allow the developer to extend the sidewalk bond for an additional two (2) year term.
If sidewalks are not completed within four (4) years, the developer will install the
remaining sidewalks.
9. Streetlights shall be maintained by the HOA and Developer agrees to request
installation ofthe street lights from Florida Power & Light within thirty (30) days of
Construction Plan approval and will forward proof of same to the City.
L. Recreational Facilities and Open Space
The developer agrees to provide three (3) or more passive neighborhood parks pursuant to the
Master Plan (Exhibit "B"). There shall be a minimum oftwenty-five percent (25%) open space for
the project. Location of the park with dimensions will be determined during the preliminary plat
phase. Open space shall be defined as any area not occupied by any structure, impervious surface or
no more than fifty-percent (50%) of the stormwater management area.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined in
the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive
Plan and Land Development Code.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edge water, by warranty deed or plat dedications all
Worthington Creek
15
public utility easements as required, free and clear of all liens and encumbrances; and provide a title
opinion to evidence compliance with same. Due to the subdivision being a gated community, all
roadways are private and therefore, will not be deeded to the City. Worthington Creek has
designated 39.95 acres (plus or minus) or twenty-five and sixty-seven-one hundredths percent
(25.67%) of the project, as open space, conservation, etc., to be maintained by the HOA or other
approved entity.
Open space is determined as any parcel or area of land or water set aside, reserved or
dedicated for the use and enjoyment of all owners and occupants ofthe project. Usable common
space shall include area(s) readily accessible and generally acceptable for active or passive
recreational use. Open space shall not include required setback areas or contain structures or right-
of-ways other than those intended for landscape or recreational purposes.
A twenty-five foot (25') wide berm with fencing and/or landscaping shall be located along
the entire southern boundary ofthe subdivision. The total width ofthe buffer shall be fifty-feet (50').
Residences located along the southern boundary shall be limited to single-story.
A fifty-foot (50') right-of-way shall be dedicated to the City for all canals and shall be
maintained by the HOA.
8. PERMITS REQUIRED
The Developer will obtain the required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, St. Johns River Water
Management District, Army Corps of Engineers, Florida Fish and Wildlife
Conservation Commission, and V 01usia County.
Worthington Creek
16
2. City of Edgewater - Rezoning, Subdivision Plat approval, Subdivision Construction
Plan approval, all applicable clearing, removal, construction and building permits.
3. This site may require a Volusia County Environmental Permit.
4. 100 year flood elevation for this site is to be determined by engineer, minimum
finished floor elevation shall be twelve inches (12") above the 100 year flood
elevation.
9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment, or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived, or as expressly provided or in this
Agreement. Developer is responsible for all review, advertising and legal fees.
Development standards shall be those ofthe City as set forth in the Land Development Code,
except as otherwise set forth in this Agreement or as designated on the construction plans approved
by the City.
Developer shall establish a mandatory HOA for the purpose of maintaining the property and
enforcing applicable covenants and restrictions. Th~ mandatory HOA will also be responsible for the
streetlight requirements that result from the project including payment to Florida Power and Light for
installation, maintenance and power consumption and the maintenance of the stormwater areas,
retention areas, all common areas and any designated easement areas within the Worthington Creek
Subdivision, common area tracts as depicted on the plat, and private streets within the gated
Worthington Creek
17
community. The HOA documents, including applicable articles of incorporation; covenants and
restrictions; and by-laws shall be reviewed and approved by the City prior to final plat approval.
10. HEAL TH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other requirements
determined to be necessary by the City for the public health, safety, or welfare of its citizens.
11. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal, the
appeal will be reviewed by the City Manager and City Attorney. Ifthe City Manager cannot resolve
the dispute, the issue shall be scheduled for the City Council agenda. The action of the City Council
is the final authority concerning this Agreement, subject, however, to the parties' rights to invoke the
remedies provided below.
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless ofthe ownership ofthe Property, the Property
shall be developed in compliance with the terms of this Agreement and applicable regulations of the
City not inconsistent with, or contrary to this Agreement.
13. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and all
final site plans, shall bind and inure to the benefit of the Developer or its successors in interest and
assigns and any person, firm, corporation, or entity who may become the successor in interest to the
land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner consistent with the laws ofthe State of Florida.
Worthington Creek
18
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in V olusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good faith
compliance with the terms of this Agreement. If the City finds on the basis of competent substantial
evidence that there has been a material failure to comply with the terms ofthis Agreement, subject to
Developer's right to cure provided below, the Agreement may be revoked or modified by the City.
Notwithstanding any other provision of this Agreement, if the City at any time concludes Developer
is in default of a covenant or obligation of this Agreement, the City shall notify Developer in writing
of the claimed default, and the Developer shall have the right to cure the default within thirty (30)
days after receipt of City's notice. The Developer shall not be deemed in default hereof, and City
shall invoke no remedies, ifthe Developer cures the claimed default within those thirty (30) days.
Further, if the default is of such a nature that it cannot be cured through the exercise of reasonable
diligence within thirty (30) days, then the Developer shall not be deemed in default hereof, and City
shall invoke no remedies, ifthe Developer commences in good faith to cure the default within thirty
(30) days after receipt ofthe City's notice, and thereafter cures the default within ninety (90) days.
16. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
Worthington Creek
19
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties only in
writing by formal amendment. Substantial changes, as determined by the City Manager, shall be
approved/denied by City Council.
19. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each shall
execute and deliver to the other party such further documents and instruments, in form and substance
reasonably necessary to confirm and/or effectuate the obligations of either party hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance. Further, the Developer shall have the right to
challenge City actions and decisions in accordance with Chapter 163, Florida Statutes and the
Florida Rules of Appellate Procedure.
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other party
to enforce any provision of this Agreement or because of a breach by the other party of any terms
hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's
fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate
levels, including bankruptcy proceedings, without regard to whether any legal proceedings are
commenced or whether or not such action is prosecuted to judgment.
Worthington Creek
20
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Michael Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Worthington Creek
21
Witnessed by:
WORTHINGTON CREEK
INVESTMENT, LLC, by Worthington
Creek Investment Inc, manager.
Cecile Evans Rider, Vice President
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this _day of
2005, by CECILE EVANS RIDER, who has authority to execute this
document on behalf of WORTHINGTON CREEK INVESTMENT, INC., and who 0 is personally
known or 0 has produced as identification and who 0 did 0 did not
take an oath.
Notary Public, State of Florida
My Commission Expires:
Worthington Creek
22
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South ~ of the Southeast 1/4 of Section 24, Township 18 South, Range 34 East,
lying East ofFEC Railroad right-of-way, and that part of Section 19, Township 18 South, Range 35
East, lying West of U.S. No.1 Highway and East of said South ~ of Southeast 1/4 of Section 24,
Township 18 South, Range 34 East, except the Northerly 250 feet.
and
The Northerly 250 feet of that part of the South ~ ofthe Southeast 1.4 of Section 24, Township 18
South, Range 34 East, lying East ofFEC Railroad right-of-way and that part of Section 19, Township
18 South, Range 35 East, lying West ofU. S. Highway No. 1 and East of said Northerly 250 feet of
the South 1.2 ofthe Southeast 1.4 of Section 24, Township 18 South, Range 34 East, also described
as the North 250 feet ofthe Southwest 1/4 of the Southwest 1/4 of Section 19, Township 18 South,
Range 35 East, lying West of U.S. Highway No.1 right-of-way.
Containing 80.97 :t acres more or less.
That part of the South ~ ofU. S. Government Lot 3, located in Section 24, Township 18 South,
Range 34 East, (as measured on the West line ofU. S. Highway No. 1), lyingWestofU. S. Highway
No.1 and that part of Section 19, Township 18 South, Range 35 East, lying East of the South ~ of
U. S. Government Lot 3, Section 24, Township 18 South, Range 34 East and lying West ofU. S.
Highway No.1 and the South 548 feet ofthat part of the Northeast 1/4 of the Southwest 1/4 of said
Section 24, lying East of the Florida East Coast Railway and the South 548 feet of that part of the
Northwest 1/4 ofthe Southeast 1/4 said Section 24, lying East of the Florida East Coast Railway.
That part of the North ~ of U. S. Government Lot 3, located in Section 24, Township 18 South,
Range 34 East (as measured on the West line ofU. S. Highway No. 1), lying West ofU. S. No.1
Highway and that part of the Northeast 1/4 of the Southwest 1/4 and the Northwest 1/4 of the
Southeast 1/4 of Section 24, lying East ofthe FEC Railway except the South 548 feet and except the
North 247.7 feet ofthe West 990 feet ofthe Northwest 1/4 of the Southeast 1/4 and except the North
247.7 feet of the East 446 feet of the Northeast 1/4 of the Southwest 1/4 of said Section 24.
Containing 74:t acres more or less.
Worthington Creek
23
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EXHIBIT "C"
TREES
BOTANICAL NAME
COMMON NAME
Elm Ulmus spp.
Hickory Carya spp.
Loblolly Bay Gordonia lasianthus
Magnolia Magnolia grandiflora
Red Maple Acer rubrum
Other Oak Species Quercus spp.
Red Bay Persea borbonia
Red Cedar Juniperus silicicola
Swamp Bay Persea palustris
Sweet Bay Magnolia virginiana
Sweet Gum Liquidambar styraciflua
Sycamore Platanus occidentalis
Turkey Oak Quercus laevis
Worthington Creek
25
AGENDA REQUEST
Date: January 12. 2006
PUBLIC
HEARING January 23. 2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-50
Glenn D. Storch requesting an amendment to
the Official Zoning Map to include 29.20:l:: acres
of land located west of US Highway 1 and north
of Clinton Cemetery Road as RPUD (Residential
Planned Unit Development) and approval ofthe
associated RPUD Agreement.
APPLICANT/AGENT: Glenn Storch, Esquire
OWNER(S): John and Patricia Hickey
REQUESTED ACTION: Amend the Official Zoning Map to include property as RPUD (Residential
Planned Unit Development) and approve RPUD Agreement for Julington Oaks.
PROPOSED USE: Single family residential development to be known as Julington Oaks
LOCATION: West of US Highway land north of Clinton Cemetery Road.
AREA: 29.20:l:: acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: Low Density Residential with Conservation Overlay
ZONING DISTRICT: Volusia County - A-3 (Transitional Agriculture)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desienation Zoning District
North Vacant/ Commercial Volusia County- Volusia County - B-4
Commercial/lnd us trial (General Commercia!)/1-1
(Light Industria!)/ 1-4
(Industrial Park)
East Vacant Volusia County- Volusia County - 1-3W
Industrial/Urban Medium (Waterfront Industria!)fB-
Density 4W (General Commercia!)
South Vacant/Single Family Volusia County- Volusia County - B-2
Residential Commercial/Urban Low (Neighborhood
Intensity Commercia!)/ A-3
(Transitional Alrriculture)
West Vacant Volusia County - Urban Low Volusia County - A-3
Intensity (Transitional Agriculture)
RZ-0507 - Julington
Background
The applicant is proposing a maximum 90-unit single-family residential subdivision, with lots proposed
to be a minimum of60' x 120'. This will be a gated community, which shall include two (2) passive parks.
Council adopted the Future Land Use Map amendment for this property on October 10, 2005. At their
regular meeting of September 14, 2005 the Planning and Zoning Board voted 4-2 to send a favorable
recommendation to City Council for the proposed Zoning Map amendment.
City Council voted to approve Ordinance No. 2005-0-50 by a vote of 5-0 at first reading on November 7,
2005.
Land Use Compatibility
The proposed Low Density Residential Future Land Use designation is compatible with the surrounding
area, which is primarily residential to the south and vacant to the north.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US Highway
1. The City of Edgewater has verified that potable water is available along U.S. 1 and that sufficient
water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater
Treatment Plant and is conveyed via a force main. County staff has indicated that there is adequate
wastewater treatment and disposal capacity for this project.
A traffic impact study is required for this project. The traffic study shall be reviewed for concurrency
with current level-of-service roadway standards. Any indication of a deficiency in roadway capacity due
to the proposed project must be addressed and corrected prior to construction.
Natural Environment
An environmental impact study must be submitted and approved by the City prior to the development of
this property.
Consistency with Comprehensive Plan
Policy 1.8.3 of the Future Land Use Element states "New development proposed within the County in
areas that are contiguous to the City shall be annexed into the City and developed to City standards as a
condition for the extension of public utilities."
Other Matters
The request for preliminary plat approval shall come at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-50; amending the Official Zoning Map to include
approximately 29.20:1: acres ofland located west of US Highway 1 and north of Clinton Cemetery Road as
RPUD (Residential Planned Unit Development) and approval of the associated RPUD Agreement.
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-50.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE: November 7.2005
December 19. 2005
AGENDA ITEM NO. 6D
6C
itted By:
Da en ea
Development Services Director
RZ-0507 - Julington
~ ~,
-- 0\-cl- JJ) I rx~~
Robin Matusick
Paralegal
2
~""'~\\:-\(~~ ~'- "O~
Kenneth R. Hooper \
City Manager '.
\
ORDINANCE NO. 2005-0-50
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY RPUD (RESIDENTIAL
PLANNED UNIT DEVELOPMENT) FOR PROPERTY
LOCATED WEST OF U.S. HIGHWAY NO.1 AND NORTH OF
CLINTON CEMETERY ROAD, EDGEW A TER, FLORIDA;
AUTHORIZING THE MAYOR TO EXECUTE THE PLANNED
UNIT DEVELOPMENT (PUD) ZONING AGREEMENT FOR
THE JULINGTON OAKS SUBDIVISION; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Glenn D. Storch, P.A., (agent) on behalf of 10hn Michael and Patricia B. Hickey
(owners) and lulington Oaks Investment, Inc., the owner/applicant for property located West ofU.
S. Highway No.1 and North of Clinton Cemetery Road, Edgewater, Florida. Subject property
contains approximately 29.20 acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from County A - 3 (Transitional Agriculture) to City RPUD (Residential Planned Unit
Development) for the property described herein.
3. On September 14,2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 4 - 2, the Board
recommended that City Council consider approval of the request.
4. On November 7,2005, the City Council considered on first reading/public hearing
StllKk tllIOtl~h passages are deleted.
Underlined passages are added.
2005-0-50
the proposed change in the zoning classification after publication of such hearing in the Observer
on October 27,2005.
5. On December 5, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on November 25,2005, and notifying by mail all
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
StI tick tl.lOtlgh passages are deleted.
Underlined passages are added.
2005-0-50
2
A-3 (Transitional Agriculture) to City RPUD (Residential Planned Unit Development) pursuant to
the associated Planned Unit Development (PUD) Agreement for Julington Oaks Subdivision
(attached hereto and incorporated as Exhibit "B").
The following described real property all lying and being in the County of V olusia
and State of Florida.
Parcel Annexed pursuant to Ordinance #2004-0-42:
A parcel of land being a portion of US Government Lots 1 and 2 and a part of the
Northwest 1/4 of Section 24, Township 18 South, Range 34 East, Volusia County,
Florida and being more particularly described as follows:
Commence at the northwest comer of said Section 24, thence S 00034'36" E, along
the west line of the Northwest 1/4 of said Section 24, a distance of 1400.00 feet;
thence N 86018'56" E, a distance of2556.75 feet to the Point of Beginning of this
description to wit; thence continue N 86018'56", a distance of 1852.35 feet to a point
on the monumented and occupied westerly right-of-way line of U.S. Highway No.
1 (a 158.00 foot wide right-of-way) as described in O.R. Book 4708, Page 4301 of
the Public Records of Volusia County, Florida; thence S 22055'51" E, along said
westerly right-of-way line, a distance of 210.25 feet; thence S 87052'59" W, a
distance of 318.24 feet; thence S 22055'51" E, a distance of 688.36 feet to a point on
the centerline of a 60.00 foot wide easement as described in O.R. Book 2067, Page
1758 of the Public Records of Vol usia County, Florida (known as Clinton Cemetery
Road); thence S 87053'15" W, along said centerline, a distance of 189.25 feet to a
point on the easterly line oflands as described in O.R. Book 5489, Page 3080; thence
N 22055'51" W, along said east line, a distance of310.00 feet to the northeast comer
of said lands; thence S 87053'15" W, along the north line of said lands as described
in O.R. Book 5489, Page 3080, a distance of221.88 feet; thence S 22038' 21" E, a
distance of 19.51 feet; thence S 67004'09" W, a distance of 120.00 feet; thence S
22038'21" E, a distance of 244.36 feet to a point on the aforesaid centerline of a 60
foot wide easement; thence S 87053'15" W, along said centerline, a distance of
481.75 feet; thence S 67043'02" W, along said centerline, a distance of 501.80 feet;
thence departing said centerline N 22035'17" W, a distance of 1027.10 feet to the
point-of-beginning.
Being subject to a 60.00 foot wide easement for road and utility purposes as
described in O.R. Book 2067, Page 1758; and FP&L easement as recorded in O.R.
Book 4102, Page 1578; and a 17.0 footF.D.O.T. easement as recorded in Deed Book
Stl t1~k t1uotlgh passages are deleted.
Underlined passages are added.
2005-0-50
3
285, Page 125-126 and O.R. Book 128, Page 278; all as recorded in the Public
Records of Vol usia County, Florida, and any other easements and/or rights-of-ways
of record.
Containing 29.20! acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
above described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
StltlGk t1uongh passages are deleted.
Underlined passages are added.
2005-0-50
4
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on November 7, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
During the second reading/public hearing held on December 5, 2005, the City Council voted
to continue this hearing until January 9, 2006.
During the City Council meeting on December 19, 2005, Council announced a further
continuation until January 23,2006 due to the January 9,2006 meeting being canceled.
Stlu"k t1uongh passages are deleted.
Underlined passages are added.
2005-0-50
5
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 23rd day of January, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Stnlck tI1Iongh passages are deleted.
Underlined passages are added.
2005-0-50
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 23rd day
of January, 2006 under Agenda Item No.
6
6
THIS INSTRUMENT PREPARED BY:
Paul E. Rosenthal, Esquire
FOLEY & LARDNER, LLP
III North Orange Avenue, Suite # 1800
P.O. Box 2193
Orlando, FL 32802-2193
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEWATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT
JULINGTON OAKS SUBDIVISION
THIS AGREEMENT is made and entered into this _day of
,2006
by and between, the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, whose
mailing address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter
referred to as "City") and JULINGTON OAKS INVESTMENT, L.L.C., a Florida Limited
Liability Company, with P. Michael Evans as the authorized agent whose address is 1682 w.
Hibiscus Boulevard, Melbourne, Florida 32901 (hereinafter referred to as "Developer"). The
purpose of this Agreement is to define the terms and conditions granting the development
approval of the subject property.
NOW, THEREFORE, in consideration of the agreements, premises, and covenants set
forth herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 29.20:t acres located west ofUS-1,
north of Clinton Cemetery Road, within Edgewater, V olusia County, Florida. The legal
description of the property is attached hereto as Exhibit" A" - Legal Description. The Record
owner of the subject property is JOHN M. HICKEY and PATRICIA B. HICKEY, whose
(Agreement/Zoning - Julington Oaks)
1
address is 175 Clinton Cemetery Road, Edgewater, Florida 32141 (hereinafter referred to as
"Hickey"), with P. Michael Evans as their authorized agent.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of Julington Oaks, as defined by the Master Plan, dated October,
2005 (Exhibit "B" included herein), within one (1) year of required permit approvals for this
project or within eighteen (18) months of the effective date of this Agreement, whichever is
greater. Developer's failure to initiate construction within the time frame identified herein may
result in the City's termination of the Agreement. The City, at its sole option, may extend the
duration of this Agreement. This development must be consistent with the Master Plan and
which must be approved by City Council prior to commencement of any authorized work. Final
approval of the Subdivision Plans by City staff shall include, but not be limited to utilities,
stormwater, traffic, streetlights, fire rescue, hydrants, law enforcement, sidewalks,
environmental, solid waste containment, and planning elements, including landscaping, signage
and pavement marking.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms of this
Agreement and in accordance with the City of Edgewater's current Land Development Code.
The Developer further agrees that all development will be consistent with the Julington Oaks
Master Plan dated October 2005 (Exhibit "B"). Julington Oaks shall be developed consistent
with the City's development procedures. Final project approval may be subject to change based
upon final environmental, permitting, and planning considerations. Use of the property will be
as follows:
(Agreement/Zoning - Julington Oaks)
2
A. Average Lot SizelUnit Count
Julington Oaks shall not exceed a total of 90 dwelling units. Based on the Preliminary
Plat approval, the total number of units may vary but the maximum residential units allowed for
the Julington Oaks Subdivision shall not exceed 3.1 dwelling units per gross acreage or a
maximum of 90 units.
No lot will exceed a maximum building coverage of fifty percent (50%) with a maximum
impervious coverage of sixty-five percent (65%).
Lot Dimensions:
60' x 120'
Density per PUD (90 units):
90 units - maximum
B. Minimum Single Family House Square Footage
The minimum house square footage for a maximum of 90 residential units shall consist of
not less than 1,300 square feet living area. Each single-family residence will have a minimum of
a two (2) car enclosed garage. No carports shall be allowed.
C. Minimum Yard Size and Setbacks:
60' Lots
Front - 25'
Rear - 20'
Side - 7.5'
Side Comer - 15'
Maximum Height - 35'
Utility Easements - 10' front, 5' sides
Wetlands - 25'
Swimming Pools - Rear - 7.5' to pool deck edge and enclosures
(Agreement/Zoning - Julington Oaks)
3
Side - 7.5' (non-comer lots) to pool deck edge and enclosures
15' (side-comer lots) to pool deck edge and enclosures
D. Roads
There shall be one (1) access road entrance permitted from US-l to service the gated
subdivision with a minimum right-of-way width of fifty feet (50').
A south bound right turn lane and a northbound left turn lane shall be required for access
from US-l and shall meet all FDOT required specifications.
An emergency access road is required from the southeast comer of the subdivision into
Clinton Cemetery Road. However, this access will be gated and only used in emergency
situations; and will be considered private and maintained by the Homeowners Association
("HOA").
All private roadways within the development shall have a minimum right-of-way width
of at least fifty-feet (50').
Due to the subdivision being a gated community, all interior roads shall be maintained by
the HOA.
Should future median cuts be installed, the developer/HOA agrees to add landscaping as
approved by the City and FDOT in the median(s) on US Highway 1 fronting this site and will be
maintained by the HOA.
E. Stormwater Management
The Retention Pond(s) will meet the requirements of the St. Johns River Water
Management District and the City's Land Development Code. The pond(s) are approximately
2.54, subject to final engineering, and will be owned and maintained by the HOA. Developer is
(Agreement/Zoning - Julington Oaks)
4
required to provide an outfall to a publicly owned or controlled drainage conveyance system, and
obtain an off-site drainage easement if necessary.
Flood Plain Encroachment and Compensatory Storage Criteria.
Defmitions
FEMA - Federal Emergency Management Agency
FIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
NGVD29 - National Geodetic Vertical Datum of 1929
NA VD88 - North American Vertical Datum of 1988
SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to
which ground or surface water can be expected to rise during a normal wet
season.
SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the
zone of water saturated soil at the highest average depth during the wettest season
of the year.
100- Year Flood Elevation - The flood elevation that has a one percent (1 %)
chance of being equaled or exceeded each year.
The on-site 1 DO-year flood elevation shall be established to the satisfaction of the City
Engineer.
Establishing the 1 DO-year flood elevation may be based upon a combination of:
FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive
(Agreement/Zoning - Julington Oaks)
5
and regional nature; and site-specific assessments signed and sealed by a
professional engineer licensed to practice in the State of Florida.
Projects located near the coast should evaluate any flooding effects associated
with both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA
Zones A, AE, AH and AO).
In the case of conflicting information, the City will rely upon the highest
elevation, unless reasonable assurance can be provided that a lower elevation is
justified.
Under no circumstances will the City accept a 1 DO-year flood elevation
determined by overlaying a FEMA Zone A delineation with any topographic
contour information.
Construction plans and drainage basin maps shall be annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on-site 1 DO-year flood elevation.
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a
foot (i.e. I-foot topographic contour interval and IOO-year flood elevation to one decimal
accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not
adequate to comply with these design standards.
Flood plains shall be delineated for all storage areas located within the property boundary
as defined by the pre-development topography, even if these areas are not illustrated on
FEMA FIRM panels.
(Agreement/Zoning - Julington Oaks)
6
Historically, flood elevations published by FEMA and other governmental agencies have
been determined using the NGVD29 datum, or for that matter any other vertical datum, a
"datum shift" may be required to "adjust" the applicable on-site lOO-year flood elevation
to a common and consistent datum.
The SHGWT shall be established by drilling a sufficient number of geotechnical borings,
whereas the SHWL shall be determined by an ecological assessment of hydric soils,
vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be
determined for all wetlands, depressions, and any other low areas within the property
boundary that are capable of impounding stormwater runoff on the developed property.
Flood plain encroachment shall be computed for all fill placed within the flood plain
below the lOO-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all lOO-year flood plain encroachments shall be provided in
accordance with the following requirements.
Compliance will be based upon a volume for volume ("cup for cup") methodology, with
the volume of compensation equal to the volume of encroachment at each and every
elevation (I-foot contour interval). Providing compensating storage equal to the volume
of encroachment at each elevation will provide equivalent flood plain management for all
storm events of magnitude less than the lOO-year storm event, and is intended to prevent
cumulative water quality impacts.
(Agreement/Zoning - Julington Oaks)
7
Storage creation must occur below the existing I DO-year flood elevation and above the
predicted SHGWT and/or SHWL.
Compensation must occur within dedicated storage areas excavated contiguous to, but
outside of, the existing I DO-year flood plain.
Under no circumstances will compensatory flood storage be allowed within ponds that
also provide stormwater management (retention and/or detention) for the proposed
development.
The City may approve the creation of offsite compensatory storage areas located outside
the property boundary on a case-by-case basis.
The City reserves the right to enforce additional criteria upon any project that is located
within what the City considers a special flood hazard area. At the City's discretion,
additional flood control measures may be required to adequately protect, upstream
systems, downstream systems, and/or offsite properties.
F. Signage
All subdivision signage will be located within common areas along the main entrance
road (not within public right-of-way) to the subdivision and must meet all requirements of the
Land Development Code. A written easement or tract dedicated to the HOA must be recorded
for the location ofthe sign. Developer shall dedicate all sign locations to the HOA.
(Agreement/Zoning - Julington Oaks)
8
G. Trees
There shall be a minimum of four (4) trees per each single-family home building lot.
Trees shall be 2 W' in diameter, measured 6" above the soil line and shall be of a variety listed in
Exhibit "C" - Trees. A tree survey shall be provided prior to construction plan approval. Each
lot shall have a tree survey prior to the issuance of a building permit. The purpose of the tree
survey shall be to determine the number of specimen and historic trees and to determine the tree
mitigation requirements.
Statistical tree survey information may be considered at the discretion of the Planning
Director. However, such statistical surveys shall be limited to sites containing an overstory
consisting predominantly of trees uniform in age, species and distribution, which do not contain
specimen or historic trees. Statistical surveys must be conducted in compliance with accepted
forestry practices.
The development of this Subdivision shall comply with all City and County minimum
environmental standards for Historic and Specimen Tree Protection requirements and Area Tree
Protection requirements.
H. Environmental Constraints
Any development of the property shall comply with all recommendations contained in all
Environmental Constraints Summary Report(s) as prepared by Biological Research Associates
dated August 2004 and/or any future environmental reports as approved by federal and state
agenCIes.
I. Entrance to Subdivision
There shall be one (1) entrance connected to US-I. Emergency vehicle access will be
provided by the developer and approved by the City.
(Agreement/Zoning - Julington Oaks)
9
J. Declaration of Covenants. Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation,
and By-Laws for the Homeowners Association will be recorded in the public records of Vol usia
County at the time the final plat for Julington Oaks is recorded.
K. Easements
Easements for rear yard construction purposes shall be located between every other lot
and shall have a width of ten (10') feet, being five (5) feet on each side of the lot lines for the
benefit of the adjoining lots in the event that access to the rear of the lot is required and the
individual lot owners side yard width is not adequate to accommodate the access. Easements for
public utilities shall be dedicated to the City and any other public utility provider.
L. Landscaping and irrigation plans must be submitted with final construction plans.
M. Model Homes and/or Temporary Construction/Sales Offices
At no time shall the number of model homes exceed a maximum of five (5) single-family
dwellings. Temporary construction/sales offices will not exceed a maximum of one per builder.
1. Model homes are permitted upon compliance of the following
requirements/conditions:
(a) A building permit shall be approved and issued by the City
Building Department;
(b) Adequate parking shall be provided;
(c) No permanent utility connections shall be allowed until said
utilities are completed and approved by all applicable regulatory
agencies;
(d) A certificate of occupancy shall not be issued until final approval
of said utilities and permanent utility connections are complete;
( e) Adequate fire protection shall be provided;
(f) Adequate access to any model home must be provided prior to the
issuance of a building permit; and
(g) Model homes may serve as a sales office until the final certificate
of occupancy is issued on the last available lot.
(Agreement/Zoning - Julington Oaks)
10
2. Temporary Construction/Sales Offices are permitted upon compliance of
the following requirements/conditions:
(a) Building permits are approved and issued by the City Building
Department;
(b) Temporary offices shall be removed within thirty (30) days after
completion of the first model home per builder; and
( c) Access to the temporary office, location and parking must be
approved by City staff prior to the issuance of a building permit.
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for Julington Oaks is Low Density Residential with
Conservation Overlay. The zoning designation for Julington Oaks shall be RPUD (Residential
Planned Unit Development) as defined in the City Land Development Code. The City of
Edgewater's permitted uses for RPUD are applicable to the development of the property and
consistent with the adopted Land Development Code and City's Comprehensive Plan.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable system at the nearest point of connection, the
nearest entrance of the subdivision. In the event the City requires the installation of oversized
lines or facilities designed to provide service for other properties, then the City shall pay for the
cost of such oversizing by means of a direct cash payment by the City to the developer or a credit
against water capital charges otherwise to be paid by the developer. All water main distribution
system improvements will be installed by the Developer and conveyed to the City by Bill of Sale
in a form acceptable to the City and dedicated to the City prior to or at the time of platting or in
accordance with the requirements contained in the Land Development Code as it relates to
performance bonds.
(Agreement/Zoning - Julington Oaks)
11
B. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. All wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the
City and dedicated to the City prior to or at the time of platting or in accordance with the
requirements contained in the Land Development Code as it relates to performance bonds.
Developer may desire to enter into an infrastructure agreement to facilitate the installation of off-
site wastewater collection/transmission system improvements.
C. The City has determined that reclaimed water is available at this time. Therefore,
the developer shall install piping for reclaimed service.
D. Developer agrees to provide, at no cost to the City, all required stormwater and
utility easements (on and off site) for drainage and utility service consistent with this provision.
E. All utility services will be underground.
F. Off-site improvements (including but not limited to intersection improvements,
turn lanes, acceleration lanes, deceleration lanes, signalization) required by Department of
Transportation (US-1) and the City to enable project approval based on transportation
requirements are the developer's responsibility and shall meet all City, County and/or State
requirements and approvals. As depicted on the Construction Plans.
G. Development/Impact fees for each dwelling unit will be paid in accordance with
the following schedule:
Water - 100% - Paid to City by applicant at the time the permit application is
signed by the City, thereby reserving requisite water capacity.
(Agreement/Zoning - Julington Oaks)
12
Sewer - 100% - The applicable impact fees due to the City for sewer shall be paid
by applicant at the time the permit application is signed by the City, thereby
reserving requisite water capacity.
Police, Fire, Parks and Recreation - Paid to City by applicant at the time of
Building Permit application.
City Road Impact Fee - Paid to City by applicant at the time of Building Permit
Application.
V olusia County Impact fees for Roads and Schools - Paid at City Hall by applicant to
include, but not be limited to, County road and school impact fee, prior to a Building
Certificate of Occupancy.
Voluntary Stormwater Basin Fee - $64.88 per unit to be paid by the applicant at the time
of Building Permit Application.
Voluntary Animal Shelter Impact Fee - $100 per unit to be paid by the applicant at the
time of Building Permit application.
The amount of all required impact fees shall be at the prevailing rate authorized at the
time of payment of impact fees.
H. All infrastructure facilities and improvements shall be constructed in compliance
with applicable federal, state, and local standards.
I. A concurrency review shall be conducted to ensure that all required public
facilities are available concurrent with the impacts of the development.
J. Developer agrees to reimburse the City of Edgewater for direct costs associated
with the legal review, engineering review and construction inspection related to the Julington
(Agreement/Zoning - Julington Oaks)
13
Oaks development approval and the construction of required infrastructure improvements and
the review and approval of the final plat.
K. The developer shall provide all public facilities to support this project including
the following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Stormwater collection/treatment system.
4. Piping for future reclaimed service.
5. Provide all required pavement marking and signage (stop signs, road
signs, etc.) within the Subdivision. All signage shall comply with Florida
Department Of Transportation (FDOT) standards.
6. Developer is responsible for the costs of recording the plat upon approval
by the City of Edgewater.
7. Bonds - A Performance Bond, Tri-Party Agreement or Letter of Credit,
shall be 110% of the costs of all requirement remaining improvements at
the time of the recording of the Final Plat. A Maintenance Bond equal to
10% of the cost of the water and sewer improvements shall be provided to
the City at the time issuance of a Certificate of Completion. The
Maintenance Bond shall be in effect for a two (2) year period or as
currently required in the Land Development Code.
8. Sidewalks shall be constructed on both sides of the streets/roadways and
have a minimum width of five feet (5') and shall be constructed prior to
issuance of a Certificate of Occupancy on each building lot. Developer
(Agreement/Zoning - Julington Oaks)
14
shall provide a bond or surety in a form acceptable to the City in the
amount of $10.00 per lineal foot for two (2) years. Or, upon review and
approval and at the City's sole discretion, City may allow the developer to
extend the sidewalk bond for an additional two (2) year term. If sidewalks
are not completed within four (4) years, the developer will install the
remaining sidewalks.
9. Streetlights shall be maintained by the HOA and Developer agrees to
request installation of the street lights from Florida Power & Light within
thirty (30) days of Construction Plan approval and will forward proof of
same to the City.
L. Recreational Facilities and Open Space
The developer agrees to provide two (2) passive neighborhood parks pursuant to the
Master Plan (Exhibit "B"). There shall be a minimum of twenty-one percent (21 %) open space
for the project. Location of the park with dimensions will be determined during the preliminary
plat phase. Open space shall be defined as any area not occupied by any structure, impervious
surface or more than fifty-percent (50%) of the stormwater management area.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined
III the Agreement after having determined it is not contrary to the City of Edgewater
Comprehensive Plan and Land Development Code.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, by warranty deed or plat
dedications all public utility easements as required, free and clear of all liens and encumbrances;
(Agreement/Zoning - Julington Oaks)
15
and provide a title opinion to evidence compliance with same. Due to the subdivision being a
gated community, all roadways are private and therefore, will not be deeded to the City.
Julington Oaks has designated 6.23 acres (plus or minus) or twenty one an thirty five/one
hundredths percent (21.35%) of the project, as open space, conservation, etc., to be maintained
by the HOA or other approved entity.
Open space is determined as any parcel or area of land or water set aside, reserved or
dedicated for the use and enjoyment of all owners and occupants of the project. Usable common
space shall include area(s) readily accessible and generally acceptable for active or passive
recreational use. Open space shall not include required setback areas or contain structures or
right-of-ways other than those intended for landscape or recreational purposes.
A fifty-foot (50') right-of-way shall be dedicated to the City for all canals and shall JJe
maintained by the HOA.
8. PERMITS REQUIRED
The Developer will obtain the required development permits or letters of exemption.
Permits may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health and Rehabilitative Services, St. Johns River Water
Management District, Army Corps of Engineers, Florida Fish and Wildlife
Conservation Commission, and V olusia County.
2. City of Edgewater - Rezoning, Subdivision Plat approval, Subdivision
Construction Plan approval, all applicable clearing, removal, construction and
building permits.
3. This site may require a Volusia County Environmental Permit.
(Agreement/Zoning - Julington Oaks)
16
4. 100 year flood elevation for this site is to be determined by engineer, minimum
finished floor elevation shall be twelve inches (12") above the 1 DO-year flood
elevation.
9. DEVELOPMENT REQUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction
shall not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
unless such modification, amendment, or waiver is expressly provided for in this Agreement
with specific reference to the ordinance provisions so waived, or as expressly provided or in this
Agreement. Developer is responsible for engineering review, survey review, legal review and
advertising fees.
Development standards shall be those of the City as set forth in the Land Development
Code, except as otherwise set forth in this Agreement or as designated on the construction plans
approved by the City.
Developer shall establish a mandatory HOA for the purpose of maintaining the property
and enforcing applicable covenants and restrictions. The mandatory HOA will also be
responsible for the streetlight requirements that result from the project including payment to
Florida Power and Light for installation, maintenance and power consumption and the
maintenance of the stormwater areas, retention areas, all common areas and any designated
easement areas within the Julington Oaks Subdivision, common area tracts as depicted on the
plat, and private streets within the gated community. The HOA documents, including applicable
(Agreement/Zoning - Julington Oaks)
17
articles of incorporation; covenants and restrictions; and by-laws shall be reviewed and approved
by the City prior to final plat approval.
10. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other
requirements determined to be necessary by the City for the public health, safety, or welfare of
its citizens.
11. APPEAL
If the Developer IS aggrieved by any City official interpreting the terms of this
Agreement, the Developer shall file a written appeal to the City Manager. After receiving the
written appeal, the appeal will be reviewed by the City Manager and City Attorney. If the City
Manager cannot resolve the dispute, the issue shall be scheduled for the City Council agenda.
The action of the City Council is the final authority concerning this Agreement, subject,
however, to the parties' rights to invoke the remedies provided below.
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless of the ownership of the Property, the
Property shall be developed in compliance with the terms of this Agreement and applicable
regulations of the City not inconsistent with, or contrary to this Agreement.
13. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in
interest to the land subject to this Agreement or any portion thereof and shall run with the land
and shall be administered in a manner consistent with the laws of the State of Florida.
(Agreement/Zoning - Julington Oaks)
18
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in V olusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good
faith compliance with the terms of this Agreement. If the City finds on the basis of competent
substantial evidence that there has been a material failure to comply with the terms of this
Agreement, subject to Developer's right to cure provided below, the Agreement may be revoked
or modified by the City. Notwithstanding any other provision of this Agreement, if City at any
time concludes Developer is in default of a covenant or obligation of this Agreement, City shall
notify Developer in writing of the claimed default, and Developer shall have the right to cure the
default within thirty (30) days after receipt of City's notice. Developer shall not be deemed in
default hereof, and City shall invoke no remedies, if Developer cures the claimed default within
those thirty (30) days. Further, if the default is of such a nature that it cannot be cured through
the exercise of reasonable diligence within thirty (30) days, then Developer shall not be deemed
in default hereof, and City shall invoke no remedies, if Developer commences in good faith to
cure the default within thirty (30) days after receipt of City's notice, and thereafter cures the
default within ninety (90) days.
16. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
(Agreement/Zoning - Julington Oaks)
19
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made by the parties
only in writing by formal amendment. Substantial changes, as determined by the City Manager,
will require City Council approval.
19. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each
shall execute and deliver to the other party such further documents and instruments, in form and
substance reasonably necessary to confirm and/or effectuate the obligations of either party
hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions
of this Agreement by an action for specific performance. Further, Developer shall have the right
to challenge City actions and decisions in accordance with Chapter 163, Florida Statutes and the
Florida Rules of Appellate Procedure.
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other
party to enforce any provision of this Agreement or because of a breach by the other party of any
terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable
(Agreement/Zoning - Julington Oaks)
20
attorney's fees, legal assistant's fees and costs incurred in connection therewith, at both trial and
appellate levels, including bankruptcy proceedings, without regard to whether any legal
proceedings are commenced or whether or not such action is prosecuted to judgment.
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument.
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and
the words contained therein shall in no way be held to explain, amplify or aid in the
interpretation, construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of the competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision and such holding shall not affect
the validity of the remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and
entered into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Michael Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
(Agreement/Zoning - Julington Oaks)
21
Witnessed by:
JULINGTON OAKS INVESTMENT,
L.L.C. a Florida Limited liability
Company by Julington Oaks Investments
Inc,Manager
Cecile Evans Rider, Vice President
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this _day of
2006, by CECILE EVANS RIDER, who has authority to execute this
document on behalf of JULINGTON OAKS INVESTMENT, INC., and who D is personally
known or D has produced as identification and who D did D did
not take an oath.
Notary Public, State of Florida
My Commission Expires:
(Agreement/Zoning - Julington Oaks)
22
John M. Hickey
Patricia Hickey
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this _day of
2006, by JOHN HICKEY and PATRICIA HICKEY and who 0 is
personally known or 0 has produced as identification and who 0
did 0 did not take an oath.
Notary Public, State of Florida
My Commission Expires:
(Agreement/Zoning - Julington Oaks)
23
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Vol usia and State of
Florida.
A parcel ofland being a portion of U. S. Government Lots 1 and 2 and a part of the Northwest
1/4 of Section 24, Township 18 South, Range 34 East, Volusia County, Florida and being more
particularly described as follows:
Commence at the northwest comer of said Section 24, thence S 000E34'36" E, along the west
line of the Northwest 1/4 of said Section 24, a distance of 1400.00 feet; thence N 86018'56" E, a
distance of 2556.75 feet to the Point-of-Beginning of this description to wit; thence continue N
860E18'56" E, a distance of 1852.35 feet to a point on the monumented and occupied westerly
right-of-way line of u.S. Highway No.1 (a 158.00 foot wide right-of-way) as described in O.R.
Book 4708, Page 4301 of the Public Records of V olusia County, Florida; thence S 220E55'51" E,
along said westerly right-of-way line, a distance of 210.25 feet; thence S 870E52'59" W, a
distance of 318.24 feet; thence S 220E55'52" E, a distance of 688.36 feet to a point on the
centerline of a 60.00 foot wide easement as described in O.R. Book 2067, Page 1758 of the
Public Records of V olusia County, Florida (known as Clinton Cemetery Road); thence S
870E53'15" W, along said centerline, a distance of 189.25 feet to a point on the easterly line of
lands as described in O.R. Book 5489, Page 3080; thence N 220E55'51" W, along said east line,
a distance of 310.00 feet to the northeast comer of said lands; thence S 870E53'15" W, along the
north line of said lands as described in O.R. Book 5489, Page 3080, a distance of 221.88 feet;
thence S 220E38'21" E, a distance of 19.51 feet; thence S 670E04'09" W, a distance of 120.00
feet; thence S 220E38'21" E, a distance of 244.36 feet to a point on the aforesaid centerline of a
60 foot wide easement; thence S 870E53'15" W, along said centerline, a distance of 481.75 feet;
thence S 670E43'02" W, along said centerline, a distance of 501.80 feet; thence departing said
centerline N 220E35'17" W, a distance of 1027.10 feet to the point-of-beginning.
Containing 29.20 acres more or less.
Being subject to a 60.00 foot wide easement for road and utility purposes as described in O.R.
Book 2067, Page 1758; and FP&L easement as recorded in O.R. Book 4102, Page 1578; and a
17.0 foot F.D.O.T. easement as recorded in Deed Book 285, Page 125-126 and O.R. Book 128,
Page 278; all as recorded in the Public Records of Volusia County, Florida, and any other
easements and/or rights-of-ways of record.
(Agreement/Zoning - Julington Oaks)
24
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EXHIBIT "B" - MASTER PLAN
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(Agreement/Zoning - Julington Oaks) 25
EXHIBIT "C"
TREES
BOTANICAL NAME
COMMON NAME
Elm Ulmus spp.
Hickory Carya spp.
Loblolly Bay Gordonia lasianthus
Magnolia Magnolia grandiflora
Red Maple Acer rubrum
Other Oak Species Quercus spp.
Red Bay Persea borbonia
Red Cedar Juniperus silicicola
Swamp Bay Persea palustris
Sweet Bay Magnolia virginiana
Sweet Gum Liquidambar styraciflua
Sycamore Platanus occidentalis
Turkey Oak Quercus laevis
(Agreement/Zoning - Julington Oaks)
26
AGENDA REQUEST
Date: Januarv 10. 2006
PUBLI C
HEARING Januarv 23.2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
2nd Reading - Ordinance No. 2005-0-57
Robert E. Jalbert, Sr, the previous owner/applicant who
has transferred the property to Douglas Klein,
requesting an amendment to the Official Zoning Map to
include 1.15::1:: acres ofland located at 3208 Eels Grove
Road as RT (Rural Transitional).
APPLICANT/AGENT: Douglas Klein
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RT (Rural Transitional).
PROPOSED USE: Single-Family Residential
LOCATION: 3208 Eels Grove Road
AREA: 1.15::1:: acres
CURRENT LAND USE: Single Family Residential
FLUM DESIGNATION: Low Density Transition
ZONING DISTRICT: Volusia County - A2 (Rural Agriculture)
VOTING DISTRICT: 2
SURROUNDING AREA
Current Land Use FLUM Designation Zoning District
North Borrow Pit and Single Agriculture with Conservation Volusia County A-3
Family Residential Overlav (Transitional Agriculture)
East Single Family Volusia County Rural Volusia County A-2 (Rural
Residential Agriculture)
South Vacant/Single family Volusia County Rural Volusia County A-2 (Rural
Residential Agriculture)
West V acant/ Agriculture V olusia County Rural and City Volusia County A-2 (Rural
of Edgewater Mixed Use with Agriculture)
Conservation Overlav
RZ-0409 - Klein - Jalbert
Background
This parcel is located on Eels Grove Road and has a single-family residence on site. There are no proposed
changes to the current use.
The Planning and Zoning Board considered the application for a change in zoning classification at their regular
meeting of December 14, 2005.
City Council approved the Zoning Map amendment at first reading on December 19, 2005.
Land Use Compatibility
The current use of this property is compatible with the surrounding area, which has a mix ofresidential and
agricultural uses.
Adequate Public Facilities
This site has access to Eels Grove Road. City water and sewer is not available at this time, but will be required
prior to any further development.
Natural Environment
Soil types include Eau Gallie Fine Sand
Vegetation - Generalized Agriculture Open Water
Consistency with Comprehensive Plan
The RT (Rural Transitional) zoning classification is compatible with the Future Land Use Designation of
Low Density Transition.
Other Matters
The Zoning Map amendment shall be completed at a later date.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2005-0-57, amending the Official Zoning Map to include 1.15:i: acres
of land located at 3208 Eels Grove Road as RT (Rural Transitional).
ACTION REQUESTED
Motion to approve Ordinance No. 2005-0-57.
PREVIOUS AGENDA ITEM:
YES X
NO
DATE:
12-19-05
AGENDA ITEM NO. 6G
~fY'c~~ ;--1::.;
Robin Matusick
Paralegal
RZ-0409 - Klein - Jalbert
2
ORDINANCE NO. 2005-0-57
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICUL TURE) TO CITY RT (RURAL TRANSITIONAL)
FOR PROPERTY LOCATED AT 3208 EELS GROVE ROAD,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Robert E. Jalbert, Sr, was the previous owner/applicant who transferred the property
located at 3208 Eels Grove Road, Edgewater, Florida to Douglas J. Klein on May 25, 2005. Subject
property contains approximately 1.15 acres more or less.
2. The owner/applicant has submitted an application for a change in zonmg
classification from County A-2 (Rural Agriculture) to City RT (Rural Transitional) for the property
described herein.
3. On December 14, 2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On December 19,2005, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
on December 8, 2005.
5. On January 9,2006, the City Council held a public hearing on the application after
Stltlck tlHotl~h passages are deleted.
Underlined passages are added.
2005-0-57
publishing notice of such hearing in the Observer on December 29,2005, and notifYing by mail all
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
A-2 (Rural Agriculture) to City RT (Rural Transitional).
The following described real property all lying and being in the County of V olusia
and State of Florida.
StInGk tluOtlgh passages are deleted.
Underlined passages are added.
2005-0-57
2
A part of Lot 7, Model Land Company, Subdivision of Section 8, Township 18
South, Range 34 East, as shown on map in Map Book 5, Page 188, of the Public
Records of V olusia County, Florida, and being more particularly described as
follows: Commence at the Southwesterly corner of Lot 9, said Model Land Company
Subdivision, said point of commencement also being the center of said Section 8,
Township 18 South, Range 34 East; thence North 01 002'59" West along the Westerly
line of Lots 8 and 9, said Model Land Company Subdivision, a distance of 1,320.75
feet to the Northwest corner of said Lot 8; thence North 89033'41" East along the
Northerly line of said Lots 7 and 8, a distance of 1,016.56 feet for the Point of
Beginning; thence continue North 89033' 41" East, a distance of215.00 feet; thence
South 01002'44" East, a distance of 232.60 feet; thence South 89033'41" West, a
distance of215.00 feet; thence North 01 002'44" West, a distance of232.60 feetto the
Point of Beginning, excepting therefrom the Northerly 30.00 feet to road purposes,
containing a net acreage of 1.00 acre.
Containing 1.15 :i: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
above described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
StI tick tlllOtlgh passages are deleted.
Underlined passages are added.
2005-0-57
3
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on December 19, 2005, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra 1. Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
Stl tick till ot.gh passages are deleted.
Underlined passages are added.
2005-0-57
4
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 23rd day of January, 2006.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
Susan J. Wadsworth
City Clerk
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
Approved by the City Council of the City of
Edgewater at a meeting held on this 23rd day
of January, 2006 under Agenda Item No.
6
Stlt.ck thlough passages are deleted.
Underlined passages are added.
2005-0-57
5
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AGENDA REQUEST
Date: Januarv 10. 2006
PUBLIC
HEARING Januarv 23.2006
RESOLUTION
ORDINANCE X
BOARD
APPOINTMENT
CONSENT
OTHER
BUSINESS
ITEM DESCRIPTION:
18t Reading - Ordinance No. 2006-0-01
Scott Tobin, requesting an amendment to the
Official Zoning Map to include 30.01::1: acres of
land located east of US Highway 1 and north of
Jones Fish Camp Road and approval of the
associated RPUD Agreement.
OWNER: Mid Florida Investments LLC
APPLICANT/AGENT: Scott Tobin
REQUESTED ACTION: Amendment to the Official Zoning Map to include property as RPUD
(Residential Planned Unit Development) and approve associated RPUD Agreement.
PROPOSED USE: Multi-family residential condominiums
LOCATION: East of US Highway 1 and north of Jones Fish Camp Road
AREA: 30.01::l:Acres
CURRENT LAND USE: Vacant
FLUM DESIGNATION: City - High Density Residential with Conservation Overlay.
ZONING DISTRICT: Volusia County - R-6W, R-4W, and I-3W
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Desie:nation Zonine: District
North Vacant Volusia County - Industrial Volusia County - I-3W
(Waterfront Industrial)
East Vacant/Indian River V olusia County - Urban Volusia County - RCW (Resource
Medium Intensity & Water Corridor) & R-6W (Urban Two
Familv Residential)
South Vacant/Single- Volusia County - Urban Volusia County - R-4W (Urban
Family Residential Medium Intensity Single Family Residential) & R-
6W (Urban Two Family
Residential)
West Vacant Volusia County - Urban Volusia County - R-4W (Urban
Medium Intensity Single- Family Residential) & B-
4W (General Commercial)
RZ-0510 - River Oaks
Background
This property is located east of US Highway 1 and north of Jones Fish Camp Road. The applicant is
proposing to develop 308 units within two (2) condominium towers with approximately 80-percent
dedicated open space on-site.
A workshop was held on November 14, 2005 with the applicant, City Council and the Planning and
Zoning Board to discuss the proposed development. On December 14, 2005 the Planning and Zoning
Board voted 5-1 to send a favorable recommendation to City Council for the proposed development.
Land Use Compatibility
The majority of the surrounding area is vacant and single-family residential. The proposed
condominiums are compatible with the medium and high-density residential usage currently proposed
for property east of US Highway 1 within the City.
Adequate Public Facilities
This site is within the City's water and sewer service area and has direct roadway access to US
Highway 1. The City of Edgewater has verified that potable water via a 12-inch water main is
available along U.S. 1 and that sufficient water capacity exists for this project.
This project will have wastewater treated at the County's Southeast Volusia Regional Wastewater
Treatment Plant and is conveyed via a six-inch (6") force main.
There is currently a Level-of-Service Standard of "B" for this portion of US Highway 1. A traffic
study must be submitted and approved prior to development.
Natural Environment
An environmental impact study must be submitted and approved by City staff prior to development of
this site.
Comprehensive Plan Consistency
The proposed density of 10 units per acre is consistent with the City's High Density Residential Future
Land Use (maximum of 12 units per acre) classification.
Other Matters
The applicant is required to complete the site plan review process, which includes review and approval
by the City's Technical Review Committee and City Council. The site plan shall be heard by the
Planning and Zoning Board at a later date for recommendation to City Council.
STAFF RECOMMENDATION
Staff recommends approving Ordinance No. 2006-0-01; amending the Official Zoning Map to include
30.0H: acres of land located east of US Highway 1 and north of Jones Fish Camp Road as RPUD
(Residential Planned Unit Development and the associated RPUD Agreement.
ACTION REQUESTED
Motion to approve Ordinance No. 2006-0-01.
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
AGENDA ITEM NO.
~~N~L
Robin Matusick
Paralegal
V~VV0'A'\~\?\\'"'''-~~~\T' ,
Kenneth R. Hooper \ \ .
City Manager ,
RZ-0510 - River Oaks
2
ORDINANCE NO. 2006-0-01
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICA TION FROM COUNTY R-6W (URBAN TWO
FAMILY RESIDENTIAL); R-4W (URBAN SINGLE FAMILY
RESIDENTIAL) AND I-3W (WATERFRONT INDUSTRIAL)
TO CITY RPUD (RESIDENTIAL PLANNED UNIT
DEVELOPMENT) FOR PROPERTY LOCATED EAST OF U.S.
HIGHWAY NO. 1 AND NORTH OF JONES FISH CAMP
ROAD, EDGEW A TER, FLORIDA; AUTHORIZING THE
MA YOR TO EXECUTE THE PLANNED UNIT
DEVELOPMENT (PUD) ZONING AGREEMENT FOR THE
RIVER OAKS SUBDIVISION; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEW A TER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Scott Tobin, agent/applicant on behalf of Mid Florida Investments, LLC, owners of
property located East of U. S. Highway No.1 and North of Jones Fish Camp Road, Edgewater,
Florida. Subject property contains approximately 30.01 acres more or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from County R-6W (Urban Two Family Residential), R-4W (Urban Single Family
Residential) and 1-3W (Waterfront Industrial) to City RPUD (Residential Planned Unit
Development) for the property described herein.
3. On December 14, 2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 1, the Board
recommended that City Council consider approval of the request.
Stltlc,," t1ucug,h passages are deleted.
Underlined passages are added.
2006-0-01
4. On January 23,2006, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
January 12,2006.
5. On February 13,2006, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on February 2, 2006, and notifying by mail all
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
StltIGk tl.longh passages are deleted.
Underlined passages are added.
2006-0-01
2
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
R-6W (Urban Two Family Residential), R-4W (Urban Single Family Residential) and I-3W
(Waterfront Industrial) to City RPUD (Residential Planned Unit Development) pursuant to the
associated Planned Unit Development (PUD) Agreement for River Oaks Subdivision (attached
hereto and incorporated as Exhibit "B").
The following described real property all lying and being in the County of V olusia
and State of Florida.
Lot 15, 16,26, 27 and the Easterly 100' of Lot 25, RIVERFRONT ESTATES, Unit
No.2, as recorded in Map Book 19, Page 31 of the Public Records of Volusia
County, Florida.
The South 100' of Lot 6, RIVERFRONT EST A TES, as recorded in Map Book 19,
Page 18 of the Public Records of V olusia County, Florida. Together with any
riparian rights appertaining thereto.
Lots 13 and 14, RIVERFRONT ESTATES, Unit No.2, a Subdivision according to
map thereof recorded in Map Book 19, Page 31 of the Public Records of Vol usia
County, Florida. (Bearings refer to RIVER PARK MOBILE HOME COLONY
SECTION 2, Map Book 32, Page 107 and based on the North line of Indian River
Drive as N 68044'20" E).
Lots 28, 31, 32, 35 and 36, RIVERFRONT ESTATES, Unit No.2, as Recorded in
Map Book 19, Page 31 of the Public Records of Vol usia County, Florida, and filled
land lying East of said Lot 36, together with, any and all accretions, riparian and
littoral rights appertaining thereto.
EXCEPTING THEREFROM:
A parcel of land in Lots 35 and 36 and filled land lying East of Lot 36,
RIVERFRONT ESTATES, Unit No.2, as recorded in Map Book 19, Page 31 of the
Public Records of V olusia County, Florida, described as follows: Begin at the S. W.
Stltlck thlOt.~h passages are deleted.
Underlined passages are added.
2006-0-01
3
Corner of Lot 35, RIVERFRONT ESTATES, Unit No.2 as recorded in Map Book
19, Page 31 of the Public Records of Volusia County, Florida; thence along the
Westerly line of said Lot 35, on an assumed bearing run N 22044'32" W, 319.82 ft;
thence N 69016'01" E, 633.63 ft, to a Point on the existing shoreline of the Indian
River North; thence along the meanders of said shoreline the following courses and
distances, S 11051 '56" E, 50.58 ft; thence S 04022'24" E, 62.38 ft; thence S 35002'40"
W, 52.93 ft; thence S 02035'13" W, 88.75 ft; thence S 56049'20" E, 35.84 ft; thence
S 16014'06" E, 50.88 ft; thence S 20024'24" E, 23.6 ft; to a Point on the South line
of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot
35, S 69046'32" W, 535.15 ft to the Point of Beginning. Together with any and all
accretions, riparian and littoral rights appertaining thereto.
Containing 30.01 ::!:: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
above described property.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
Stltlck thlOhgh passages are deleted.
Underlined passages are added.
2006-0-01
4
circumstance.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by
and Second by
the vote on the first reading of this ordinance held on January 23,2006, was as follows:
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
StlnGk tlllongh passages are deleted.
Underlined passages are added.
2006-0-01
5
After Motion by
and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE
NAY
PASSED AND DULY ADOPTED this 13th day of February, 2006.
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
StltKk tluMgh passages are deleted.
Underlined passages are added.
2006-0-01
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 13th day
of February, 2006 under Agenda Item No.
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THIS INSTRUMENT PREPARED BY:
Paul Rosenthal
Foley & Lardner, LLP
111 N. Orange Avenue, Suite 1800
Orlando FL 32801
AFTER RECORDING RETURN TO:
Robin L. Matusick, Paralegal
LEGAL DEPARTMENT
CITY OF EDGEW ATER
P.O. Box 100
Edgewater, FL 32132-0100
For Recording Purposes Only
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) AGREEMENT
River Oaks Condominium
THIS AGREEMENT is made and entered into this day of ,2006 by
and between, the CITY OF EDGEW A TER, FLORIDA, a municipal corporation, whose mailing
address is P. O. Box 100, 104 N. Riverside Drive, Edgewater Florida 32132, (hereinafter referred
to as "City") and AH Edgewater, LLC, owner, whose address is 444 Seabreeze Boulevard, Suite
900, Daytona Beach Florida 32118 (hereinafter referred to as "Developer"). The purpose of this
Agreement is to define the terms and conditions granting the development approval of the subject
property.
NOW, THEREFORE, in consideration ofthe agreements, premises, and covenants set forth
herein and other good and valuable consideration, the parties agree as follows:
1. LEGAL DESCRIPTION AND OWNER
The land subject to this Agreement is approximately 30.01:1:: acres west ofthe Indian River,
north of Jones Fish Camp Road and east of US Highway 1 in Edgewater, Volusia County, Florida.
The legal description ofthe property is attached hereto as Exhibit "A" - Legal Description. The
Record owner of the subject property is AH Edgewater LLC.
2. DURATION OF AGREEMENT
The duration of this Agreement shall be perpetual and run with the land. The Developer
shall commence construction of River Oaks Condominium, as defined by the Master Plan, dated
August 23, 2005 (Exhibit "B" included herein), within one (1) year of required permit approvals
(Agreement/Zoning - River Oaks)
1
for this project, or within eighteen (18) months of the effective date of this Agreement. Developer's
failure to initiate construction within one (1) year may result in the City's termination of the
Agreement. The City, at its sole option, may extend the duration of this Agreement. This
development must be consistent with the Master Plan and must be approved by City Council prior
to commencement of any authorized work. Final approval shall include, but not be limited to
utilities, stormwater, traffic, fire rescue, hydrants, law enforcement, environmental, solid waste
containment, and planning elements.
3. DEVELOPMENT USES PERMITTED
The Developer hereby agrees to develop the property subject to the terms ofthis Agreement
and in accordance with the City of Edgewater's current Land Development Code. The Developer
further agrees that all development will be consistent with the River Oaks Condominium Master
Plan dated August 23,2005 (Exhibit "B"). River Oaks Condominium shall be developed consistent
with the City's RPUD development procedures. Final project approval may be subject to change
based upon final environmental, engineering, permitting, and planning considerations. Use of the
property will be as follows:
A. Size/Unit Count/Lot Size
River Oaks Condominium shall not exceed a total oD08 condominium dwelling units. The
River Oaks Condominium Development will include a clubhouse with pool, tennis courts, and
horseshoe pits and a marina with boats slips in accordance with the Boat Facility Siting component
of the V olusia County Manatee Protection Plan.
B. Minimum Dwelling Unit Size
The minimum gross dwelling unit square footage shall be at least 1,500 square feet living
area under air. In addition, each dwelling unit will have a minimum of one (1) enclosed parking
space. The development will have a minimum of 485 parking spaces.
Maximum impervious surface ratio shall be twenty-five percent (25%).
Maximum building height shall be one-hundred ninety feet (190'), inclusive of all parapets,
mechanical equipment, antennae, decorative features, stairwells, as measured from the lowest
parking level slab.
Two (2) multi -story condominium buildings with fourteen (14) stories of condominium units
over two (2) stories of parking, clubhouse with swimming pool, tennis courts, and horseshoe pits
(Agreement/Zoning - River Oaks)
2
and a marina with boats slips in accordance with the Boat Siting Plan..
C. Minimum Building Setbacks:
West - 1,300' from US Highway 1
East - 265' from the Indian River
South - 27' from southern property line
North - 38' from northern property line
Minimum 50' from the Mean High Waterline and 25' from any wetlands vegetation.
Maximum Height - 190'
D. Roads
Improvements with public right-of-ways will be dedicated to the owner(s) of the right-of-
way. On-site roads shall be maintained by the Condominium Owner's Association (COA).
The developer agrees to add landscaping as approved by the City and FDOT in the median( s)
on US Highway 1 fronting this site and will be maintained by the COA.
E. Stormwater Management
The retention pond( s) will meet the requirements for the St. Johns River Water Management
District and the City of Edgewater Land Development Code. The pond(s) are approximately 2.1::1:
acres subject to final engineering, and will be owned and maintained by the COA. Developer is
required to provide an outfall to a publicly owned drainage conveyance system, and obtain an off-
site drainage easement if necessary.
Flood Plain Encroachment and Compensatory Storage Criteria.
Definitions
FEMA - Federal Emergency Management Agency
FIS - Flood Insurance Study
FIRM - Flood Insurance Rate Map
USGS - United States Geological Survey
(Agreement/Zoning - River Oaks)
3
NGVD29 - National Geodetic Vertical Datum of 1929
NA VD88 - North American Vertical Datum of 1988
SHWL - Seasonal High Water Level. The SHWL is defined as the elevation to
which ground or surface water can be expected to rise a during a normal wet season.
SHGWT - Seasonal High Ground Water Table. The SHGWT is defined as the zone
of water saturated soil at the highest average depth during the wettest season of the
year.
100- Y ear Flood Elevation - The flood elevation that has a one percent (1 %) chance
of being equaled or exceeded each year.
The on-site 1 DO-year flood elevation shall be established to the satisfaction of the City
Engineer.
Establishing the 1 DO-year flood elevation may be based upon a combination of:
FEMA FIS; FEMA FIRM panels; approved drainage studies of a comprehensive and
regional nature; and site-specific assessments signed and sealed by a professional
engineer licensed to practice in the State of Florida.
Projects located near the coast should evaluate any flooding effects associated with
both storm surge (FEMA Zones V and VE) and the freshwater flood (FEMA Zones
A, AE, AH and AO).
In the case of conflicting information, the City will rely upon the highest elevation,
unless reasonable assurance can be provided that a lower elevation is justified.
Under no circumstances will the City accept a 1 DO-year flood elevation determined
by overlaying a FEMA Zone A delineation with any topographic contour
information.
(Agreement/Zoning - River Oaks)
4
Construction plans and drainage basin maps shall be annotated to clearly and accurately
delineate the flood plain encompassed by the applicable on-site 100-year flood elevation.
Topographic and flood plain mapping shall provide a minimum accuracy to a tenth of a foot
(i.e. I-foot topographic contour interval and lOO-year flood elevation to one decimal
accuracy). USGS quadrangle maps depicting 5-foot topographic contours are not adequate
to comply with these design standards.
Flood plains shall be delineated for all storage areas located within the property boundary
as defined by the pre-development topography, even if these areas are not illustrated on
FEMA FIRM panels.
Historically, flood elevations published by FEMA and other governmental agencies have
been determined using the NGVD29 datum, or for that matter any other vertical datum, a
"datum shift" may be required to "adjust" the applicable on-site 100-year flood elevation to
a common and consistent datum.
The SHGWT shall be established by drilling a sufficient number of geotechnical borings,
whereas the SHWL shall be determined by an ecological assessment of hydric soils,
vegetative cover, wetland species, lichen lines, etc. The SHWL and/or SHGWT shall be
determined for all wetlands, depressions, and any other low areas within the property
boundary that are capable of impounding stormwater runoff on the developed property.
Flood plain encroachment shall be computed for all fill placed within the flood plain below
the 100-year flood elevation and above the predicted SHGWT or SHWL.
Compensatory storage for all 100-year flood plain encroachments shall be provided in
accordance with the following requirements.
(Agreement/Zoning - River Oaks)
5
Compliance will be based upon a volume for volume ("cup for cup") methodology, with the
volume of compensation equal to the volume of encroachment at each and every elevation
(1-foot contour interval). Providing compensating storage equal to the volume of
encroachment at each elevation will provide equivalent flood plain management for all storm
events of magnitude less than the 1 DO-year storm event, and is intended to prevent
cumulative water quality impacts.
Storage creation must occur below the existing 1 DO-year flood elevation and above the
predicted SHGWT and/or SHWL.
Compensation must occur within dedicated storage areas excavated contiguous to, but
outside of, the existing 1 DO-year flood plain.
Under no circumstances will compensatory flood storage be allowed within ponds that also
provide stormwater management (retention and/or detention) for the proposed development.
The City may approve the creation of offsite compensatory storage areas located outside the
property boundary on a case-by-case basis.
The City reserves the right to enforce additional criteria upon any project that is located
within what the City considers a special flood hazard area. At the City's discretion,
additional flood control measures may be required to adequately protect, upstream systems,
downstream systems, and/or offsite properties.
F. Signage
Signage to be located in the center island at the project entrance shall be a ground mounted
monument sign with a maximum copy area of thirty-two (32) square feet and shall be internally
illuminated.
(Agreement/Zoning - River Oaks)
6
G. Trees
All City and County minimum tree protection standards shall be satisfied for this
development. Approximately twenty-two (22) acres shall be established as open space and shall be
maintained by the COA.
H. Entrance to Subdivision
Entrance to be gated with one (1) entrance lane, two (2) exit lanes with a minimum stacking
of five (5) vehicles at entrance gate and provisions for emergency vehicle access.
I. Temporary Offices and Signs
Temporary Offices - A temporary sales office will be located adjacent to US Highway 1 on
the property and meet all Land Development Code standards for setback requirements. The sales
office will consist of a double-wide, modular trailer with an improved parking area with handicap
accessible parking. The sales office may be permitted after construction plan approval and will be
removed prior to the completion of the project. A four (4) x eight (8) project sign will be installed
adjacent to the sales office. The project sign will be removed upon removal ofthe sales trailer. The
developer will obtain separate permits as required for the sales trailer.
Flags or insignias which read "model", "open", "open house" or any other phrase which
identifies condominiums for sale or reservation may be displayed in the following locations and
numbers. The maximum height of such flags shall be eight feet (8') with a maximum size of fifteen
(15) square feet. The maximum number of flags shall not exceed two (2).
J. Declaration of Covenants. Conditions and Restrictions
The Declaration of Covenants, Conditions and Restrictions; Articles of Incorporation, and
By-Laws for the Condominium Association will be recorded in the public records of Vol usia
County at the time the final plat for River Oaks Condominiums is recorded.
(Agreement/Zoning - River Oaks)
7
4. FUTURE LAND USE AND ZONING DESIGNATION
The Future Land Use designation for River Oaks Condominium is High Density Residential
with Conservation Overlay. The zoning designation for River Oaks Condominium shall be RPUD
(Residential Planned Unit Development) as defined in the City Land Development Code. The City
of Edgewater's permitted uses for RPUD (Residential Planned Unit Development) are applicable
to he development ofthe property and consistent with the adopted Comprehensive Plan/Future Land
Use Map.
5. PUBLIC FACILITIES
A. Developer agrees to connect to and utilize the City's water distribution system.
Developer agrees to connect to the City's potable water system at the nearest point of connection
along US Highway 1. All water main distribution system improvements will be installed by the
Developer and conveyed to the City by Bill of Sale in a form acceptable to the City and dedicated
to the City prior to or at the time of issuance of a Certificate of Occupancy on the first unit for the
first building.
B. Developer agrees to connect to and utilize the City's wastewater transmission and
collection system. All wastewater collection and transmission system improvements will be
installed by the Developer and conveyed to the City by Bill of Sale in a form acceptable to the City
and dedicated to the City prior to or at the time of issuance of a Certificate of Occupancy on the first
unit for the first building.
C. The City has determined that reclaimed water will be available in the foreseeable
future. The developer shall install piping for future reclaimed water service.
D. Developer agrees to provide on and off site current and future utility and drainage
easements for drainage and utility service consistent with this provision.
(Agreement/Zoning - River Oaks)
8
E. All electrical services will be underground.
F. Roadway improvements except in public right-of-ways shall remain private and
be maintained by the COA.
G. Off-site improvements (including but not limited to intersection improvements, turn
lanes, acceleration lanes, deceleration lanes, signalization) are the developer's responsibility and
shall meet all City, County and/or State requirements and approval.
H. Impact fees for each dwelling unit will be paid in accordance with the following
schedule:
Water - Pay 100% of the applicable impact fees to the city by applicant at the time
the permit application is signed by the City, thereby reserving requisite water
capacity.
Sewer - Pay 100% of the applicable impact fees to the city by applicant at the time
the permit application is signed by the City, thereby reserving requisite sewer
capacity.
Police, Fire, Recreation - Paid to City by applicant at the time of each Building
Permit application.
City Roads - Paid to City by applicant at the time of each Building Permit
Application.
Volusia County Impact Fees for Roads and Schools - Paid at City Hall by applicant
prior to a Certificate of Occupancy.
Voluntary Stormwater Basin Fee - Nineteen dollars and forty-eight cents ($19.48)
per unit paid at the time of each Building Permit Application.
(Agreement/Zoning - River Oaks)
9
Voluntary Animal Shelter Impact Fee - One hundred dollars ($100) per unit paid at
the time of each Building Permit Application.
The amount of all required impact fees shall be at the prevailing rate authorized at the time of
payment of impact fees.
I. All infrastructure facilities and improvements shall be constructed in compliance with
applicable federal, state, and local standards.
J. A concurrency review shall be conducted to ensure that all required public facilities
are available concurrent with the impacts of the development.
K. Developer agrees to reimburse the City of Edgewater for direct costs associated with
the legal review, engineering review, advertising costs and construction inspection related to the
River Oaks Condominium development approval and the construction of required infrastructure
improvements and the review and approval of the final plat.
L. The developer shall provide all public facilities to support this project including the
following:
1. Water Distribution System including fire hydrants.
2. Sewage Collection and Transmission System.
3. Piping for future reclaimed service.
4. Stormwater collection/treatment system, including outfall system.
5. Provide all required pavement marking and signage (stop signs, road signs, etc.)
within the Subdivision. All signage shall comply with Florida Department Of
Transportation (FDOT) standards.
6. Developer is responsible for costs of recording the plat upon approval by the City of
Edgewater.
(Agreement/Zoning - River Oaks)
10
7. Bonds - A Performance Bond may be accepted by the City and shall be 110% of the
costs of all remaining required improvements. A Maintenance Bond equal to 10%
of the cost of the infrastructure improvements, including sidewalks, shall be provided
to the City prior to the recording of the Final Plat, the issuance of a Certificate of
Completion, or issuance of the first Certificate of Occupancy. The Maintenance
Bond shall be in effect for a two (2) year period.
8. Sidewalks shall be constructed on both sides of the streets/roadways and have a
minimum width of four feet (4') and shall be constructed prior to issuance of a
Certificate of Completion. Developer shall provide a bond or surety in a form
acceptable to the City in the amount of $1 0.00 per lineal foot for two (2) years. If
sidewalks are not completed within two (2) years, the developer will install the
remaining sidewalks.
9. Streetlights shall be reflected in the Declaration of Covenants and Restrictions, and
maintained by the COA and be installed by the Developer at time of installation of
the infrastructure or prior to the Certificate of Occupancy issuance for the first
dwelling unit.
M. Recreational Facilities
The River Oaks Condominium Development will include a clubhouse with pool, tennis
courts, and horseshoe pits and a marina with boats slips in accordance with the Boat Facility Siting
component of the V olusia County Manatee Protection Plan.
6. CONSISTENCY OF DEVELOPMENT
The City agrees to issue the required permits for the development in the manner defined in
the Agreement after having determined it is not contrary to the City of Edgewater Comprehensive
(Agreement/Zoning - River Oaks)
11
Plan and Land Development Code and is compliant with all concurrency requirements set forth in
said documents.
7. DEDICATION OF LAND FOR PUBLIC PURPOSES
The Developer shall convey to the City of Edgewater, in a form acceptable to the City, all
utility and drainage easements as required for utilities serving River Oaks Condominium. The
developer has designated 22:1: acres as open space, to be maintained by the Condominium
Owners Association.
8. PERMITS REOUIRED
The Developer will obtain required development permits or letters of exemption. Permits
may include but not be limited to the following:
1. Florida Department of Transportation, Department of Environmental Protection,
Department of Health, St. Johns River Water Management District, Army Corps of
Engineers, Florida Fish and Wildlife Conservation Commission and V olusia County.
2. City of Edgewater - Rezoning, Site Plan approval, all applicable clearing, removal,
construction and building permits.
3. This site may require a V olusia County Environmental Permit.
4. 100 year flood elevation for this site is seven (7) feet minimum finished floor
elevation shall be eight (8) feet.
9. DEVELOPMENT REOUIREMENTS
Failure of this Agreement to address a particular permit, condition, term or restriction shall
not relieve the Developer of the necessity of complying with those permitting requirements,
conditions, terms or restrictions, and any matter or thing required to be done under the existing
ordinances of the City. Existing ordinances shall not be otherwise amended, modified, or waived
(Agreement/Zoning - River Oaks)
12
unless such modification, amendment, or waiver is expressly provided for in this Agreement with
specific reference to the ordinance provisions so waived, or as expressly provided or in this
Agreement.
Developer shall establish a mandatory Condominium Owners Association (COA)
for the purpose of maintaining the property and enforcing applicable covenants and restrictions. The
mandatory Association will also be responsible for the streetlight requirements that result from the
project including payment to Florida Power and Light for installation, maintenance and power
consumption and the maintenance of the stormwater areas, roads and sidewalks within the River
Oaks Condominiums, common area tracts as depicted on the plat,. The Association documents,
including applicable articles of incorporation; covenants and restrictions; and by-laws shall be
reviewed and approved by the City prior to final plat approval.
10. HEALTH SAFETY AND WELFARE REQUIREMENTS
The Developer shall comply with such conditions, terms, restrictions, or other requirements
determined to be necessary by the City for the public health, safety, or welfare of its citizens.
11. APPEAL
If the Developer is aggrieved by any City official interpreting the terms of this Agreement,
the Developer shall file a written appeal to the City Manager. After receiving the written appeal,
the appeal will be reviewed by the City Manager and City Attorney. If the City Manager cannot
resolve the dispute, the issue shall be scheduled for the City Council agenda. The action of the City
Council is the final authority concerning this Agreement.
(Agreement/Zoning - River Oaks)
13
12. PERFORMANCE GUARANTEES
During the term of this Agreement regardless ofthe ownership of the Property, the Property
shall be developed in compliance with the terms of this Agreement and applicable regulations of the
City not inconsistent with, or contrary to, this Agreement.
13. BINDING EFFECT
The provisions of this Agreement, including any and all supplementing amendments, and
all final site plans, shall bind and inure to the benefit of the Developer or its successors in interest
and assigns and any person, firm, corporation, or entity who may become the successor in interest
to the land subject to this Agreement or any portion thereof and shall run with the land and shall be
administered in a manner consistent with the laws of the State of Florida.
14. RECORDING
Upon execution by all parties, the City shall record the Agreement with the Clerk of the
Court in V olusia County. The cost of recording shall be paid by the Developer.
15. PERIODIC REVIEW
The City shall review the development subject to this Agreement every 12-months,
commencing 12-months after the date of this Agreement to determine if there has been good faith
compliance with the terms ofthis Agreement. Ifthe City finds on the basis on competent substantial
evidence that there has been a failure to comply with the terms of this Agreement, the Agreement
may be revoked or modified by the City.
16. APPLICABLE LAW
This Agreement and the provisions contained herein shall be construed, controlled, and
interpreted according to the laws of the State of Florida.
(Agreement/Zoning - River Oaks)
14
17. TIME OF THE ESSENCE
Time is hereby declared of the essence to the lawful performance of the duties and
obligations contained in the Agreement.
18. AGREEMENT/AMENDMENT
This Agreement constitutes the entire agreement between the parties, and supersedes all
previous discussions, understandings, and agreements, with respect to the subject matter hereof.
Amendments to and waivers of the provisions of this Agreement shall be made in writing by the
interested party. Substantial changes, as determined by the City Manager, shall require City Council
approval.
19. FURTHER DOCUMENTATION
The parties agree that at any time following a request therefore by the other party, each shall
execute and deliver to the other party such further documents and instruments, in form and substance
reasonably necessary to confirm and/or effectuate the obligations of either party hereunder.
20. SPECIFIC PERFORMANCE
Both the City and the Developer shall have the right to enforce the terms and conditions of
this Agreement by an action for specific performance.
21. ATTORNEYS' FEES
In the event that either party finds it necessary to commence an action against the other party
to enforce any provision of this Agreement or because of a breach by the other party of any terms
hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorney's
fees, legal assistant's fees and costs incurred in connection therewith, at both trial and appellate
levels, including bankruptcy proceedings, without regard to whether any legal proceedings are
commenced or whether or not such action is prosecuted to judgment.
(Agreement/Zoning - River Oaks)
15
22. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original but all of which together shall constitute one and the same instrument
23. CAPTIONS
Captions of the sections of this Agreement are for convenience and reference only, and the
words contained therein shall in no way be held to explain, amplify or aid in the interpretation,
construction, or meaning of the provisions of this Agreement.
24. SEVERABILITY
If any sentence, phrase, paragraph, provision, or portion of this Agreement is for any reason
held invalid or unconstitutional by any court of the competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall not affect the validity
of the remaining portion hereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the date and year first written above.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Susan J. Wadsworth
City Clerk
Michael Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Witnessed by:
Scott Tobin
(Agreement/Zoning - River Oaks)
16
Signed, sealed and delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF VOLUSIA
The foregoing instrument was acknowledged before my on this _day of
2006, by , and who has produced
as identification and who did (did not) take an oath.
Notary Public
Stamp/Seal
(Agreement/Zoning - River Oaks)
17
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Vol usia and State of
Florida.
1. Lot 15, 16,26,27 and the Easterly 100' of Lot 25, RIVERFRONT ESTATES, Unit No.2, as
recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida.
The South 100' of Lot 6, RIVERFRONT ESTATES, as recorded in Map Book 19, Page 18 of the
Public Records of Vol usia County, Florida. Together with any riparian rights appertaining thereto.
Lots 13 and 14, RIVERFRONT ESTATES, Unit No.2, a Subdivision according to map thereof
recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida. (Bearings refer
to RIVER PARK MOBILE HOME COLONY SECTION 2, Map Book 32, Page 107 and based on
the North line of Indian River Drive as N 68044'20" E).
Lots 28, 31, 32, 35 and 36, RIVERFRONT ESTATES, Unit No.2, as Recorded in Map Book 19,
Page 31 ofthe Public Records of V olusia County, Florida, and filled land lying East of said Lot 36,
together with, any and all accretions, riparian and littoral rights appertaining thereto.
EXCEPTING THEREFROM:
A parcel ofland in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES,
Unit No.2, as recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida,
described as follows: Begin at the S.W. Comer of Lot 35, RIVERFRONT ESTATES, Unit No.2
as recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida; thence
along the Westerly line of said Lot 35, on an assumed bearing run N 22044'32" W, 319.82 ft; thence
N 69016'01" E, 633.63 ft, to a Point on the existing shoreline ofthe Indian River North; thence along
the meanders of said shoreline the following courses and distances, S 11 051 '56" E, 50.58 ft; thence
S 04022'24" E, 62.38 ft; thence S 35002'40" W, 52.93 ft; thence S 02035'13" W, 88.75 ft; thence S
56049'20" E, 35.84 ft; thence S 16014'06" E, 50.88 ft; thence S 20024'24" E, 23.6 ft; to a Point on
the South line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot
35, S 69046'32" W, 535.15 ft to the Point of Beginning. Together with any and all accretions,
riparian and littoral rights appertaining thereto.
Containing 30.01 :i: acres more or less
(Agreement/Zoning - River Oaks)
18
AutoCAD Projects\0513 - River Oaks Condos\Edgewater 08 -11 - 05.dwg, 9/29/2005 4:28:12 PM, Acrobat PDFWriter
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14.r_3I
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AGENDA REQUEST
Date: January 10, 2006
PUBLIC
HEARING
RESOLUTIONS
ORDINANCE
BOARD
APPOINTMENT January 23,2006
OTHER
BUSINESS
CONSENT
ITEM DESCRIPTION:
Pamela Black was nominated to serve as a board member by the Board for the Edgewater
Animal Control Board
BACKGROUND:
Pamela Black has been appointed by the Animal Control Board.
Membership of the Edgewater Animal Control Board consists of five (5) members appointed by
Council.
ST AFF RECOMMENDATION:
Appoint Pamela Black to the Edgewater Animal Control Board.
ACTION REQUESTED:
Motion to appoint Pamela Black to the Edgewater Animal Control Board.
FINANCIAL IMPACT: (FINANCE DIRECTOR
NA
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM:
YES
NO X
DATE:
N/A
AGENDA ITEM NO.:
NJ,A
Robin atuslck
Paralegal
~ !fJ.
Ken H~oper
City Manager
s , oard Coordinator
al Control Board
Agenda.request. form. rev .2/ 16/2000
10-20-05A08:00 RCVD
NAME
\> Po t"'\
APPLICATION FOR APPOINTMENT TO CIT~.
BOARDS, AGENCIES OR COMMITTEES
~\..-PIJ'L .
ADDRESS ~ \ S-o
HOME PHONE -sB Iv
WOO'O\,...I:\NO'UQ\\JE: GqsbwR:'(':".,..{'-.
4'2.''8 40\ (" BUSINESS PHONE 3.b' ~ b~9
6840
OCCUPATION 6U'~\ M..-<;'~ b ,-,>.....c--<<--
Are you a resident of Edgewater
How long 4: Z:j(L<;:"
Is your principal place of emp~oyment in Edgewater? ~~5 .
if yes how long? S::J~'S.
Briefly state your interest~n~~r.:yiTlg on a City board, agency or
committee: T u:)ou.~' ~~\u2/Mb\S~ ~, ~""- :. \J~~ ',-""
~ 6~\-~y:l'~'~=-'~~~~,~o~~ ~.
o ~ 0 ~.R ~ c....0, oQ. .
\J. .T. N' R- c&G.<"
I
~<.,
<i"
S ta te your "experience!91.lal i fica tions
:c. c; . \- S.'l ~ (~'-. "'ff') ~ -..-.
~~o~ a""J~~~=~:;- 'f1:,;,
Are you emplpyed by the CitY?'~&D~
you hold public office? No '
At th,epre~~~'t'time, do you s~r:yegn,enyotherl?9ards, p..g~ncies, or
committees? "Mo If so, list each,: '
,
}\::l
-'"
~\:;
Have yoq ever::, serv~d.pnanY'boards, agencies, or committees?
If so, Iii~t each:' \....;.p..r-.JCt:=::\.....e..-. ~tr~_'\\<t ~'-''''''A S~TL~ Cs.l-MM.,n:.-e~.
v- \, a.:.."",
I ' N <2-- ",,~ :-':"
'\;
.,~\<~~ ~kl~C:o.
';t4'6',~,., "\,:~,' 'u;\'
""" "
(BOARD, AGENCY ANDCQMMITTEE ~~ 'l1AYBE IUlQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS' EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
_____GENERAL EMPLOYEES PENSION BOARD
LL2-ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATION BOARD
_____LIBRARy BOARD
_____RECREATION & CULTURAL SERVICES
SIGNA!
.. SEE
BOAR~
~,"",.(\
_____PLANNING & ZONING BOARD
~POLICE PENSION BOARD
IDVETERANS PARK ADV.. COMMITTEE
DATE:~ n. f: O~
AGENCIES AND COMMITTEES. (REV 1-02)
_____ECONOMIC DEVELOPMENT BOARD
Cf) FIREFIG T
li" ~.... '..i...... V....... . J -' 1\ 'v V U
THECITYOOF"oJ!!f})6EWATER
NAME
G:J:
c/ -r v
/
state your experience/qualifications"
tA,bA:. Cl~V .". CO(;ltLh ,L/Jf t:h1<6~,<-
Are you a registered voter? I~S
Are you employed by the City?~Do you hold public office? rtJ e
At." the present time, do you serve on any other Boards or coinmittees?
~ // If so, list each:
If so,
(BOARD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS OR COMMITTEES YOU
WoULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
3 ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
_GENERAL EMPLOYEES PENSION BOARD
_LIB~RY BOARD
_RECREATION & CULTURAL SERVICES
_VETERANS PARK ADV. COMMITTEE
DATE:
ITTEES LISTINGS (2 10-03)
~I /c?5
! /
THE CITY OF EDGE WATER
POST OFFICE BOX lOO-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPOINTMEN;fqlOJ!h\~Q AN 8: 00
BOARDS, AGENCIES OR COMMITTEES
NAME EVA (EVE) CLAY
ADDRESS J ~ /s RtJ tAL PA L M [)'R.
HOME PHONE ~~ 7 - 535.3 BUSINESS PHONE
OCCUPATION RETl RE 0
Are you a resident of Edgewater YES How long
13 IRS.
Is your principal place of employment in Edgewater?
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee: ---'<,J.Q.-- ~ ~ ~ ~.v~~
~ ~~_,c< _L:>~.~~~
-.-r.n"1~e- .~ ~~ .
State your experience/qualifications
Are you a registered voter? 11;.s.
Are you employed by the CitY?~Do you hold public office? Va
At the present time, do you serve on any other Boards, Agencies, or
commi ttees? IItJ If so, list each:
Have you ever served on any boards, agencies, or committees?____
If so, list each:
.'.,'.
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASJ: INDICATE BOARDS, AGENCIES OR COMMITn:ES YOU
WOULD LDa: TO SJ:RVl!: ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
~ ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_____GENERAL EMPLOYEES PENSION BOARD
_____LIBRARy BOARD
_____RECREATION & CULTURAL SERVICES
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
_____PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_____FIREFIG~TERS PENSION BOARD _____VETERANS PARK ADV. COMMITTEE
SIGNATURE ,.~~ ~~ DATE: ~ -;??-tJIJ
... SEE REVJ!:RSZ SIDE FOR LISTING BOARDS, AGENCIES AND COMMITTEES'" (REV 1-11-00)
04-05-02Al0:36 RCVD
5+"(( i ~~I{CJMI' I.~
,;L--! P ---d j - ~
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME_F- (Jr..f' c., j $" co ~. iJ; a."'L.- T/' ~
Po 60K .'t:1"'3. fJ e....J S"""l.(rr><e...) FI s""l'-'o
ADDRESsI3-z..~ Tro.,vele/s '?~I~ Or; GJ..Jeu/a ~r t r I
HOME PHONE trl.)-/X/(, BUSINESS
PHONE 3"36 - ~4f.. - 1'1/ b
OCCUPATION >eu~e-
"if!
~~
;"21~~1
-
~
5
:~.
,,..
'",N'
"""
Are you a resident of Edgewater Y (' -:)
long If "(eO<rs
Is your principal place of employment in Edgewater? ~ 0 if yes how long?
Briefly state your interest in serving on a City board, agency or committee: ~ o~r 0...
L.e I CO~ 0....-1' e.cOrtoJ/M'i .
'~D l:.S
How
yOVV'-d 7ers.ot'T "5
h~"c-l1. ~,
State your experience/qualifications -ZOl>, Mac i ~ '4 VI d P-i5'^ ~ oi.C' a / C rc;..~.Jc ~ J """0'6 CC
j11C"'JOI";A~ '1/1 (c,Mf.J-&?r c:c."~/I(-e a.",J :t:V\~r~-t:ioll"\ 1.;C.l..I"D 105 l(l ,..,.e.~l".er
'VolV?lc.. ~VI'1t:lj J)elM~r<l. 'be.. 6"1Ccut.1ve CoY"""""'; -t~e..
Are you a registered voter? Yec:;
Are you employed by the City? ~ 0 Do you hold public office? ,J D
At the present time, do you serve on any other Boards, Agencies, or committees? 't@.S-lf so, list
each: ,\it{) {~; a.. lJeJM oc. ( ~ ..t')<:. ~ ~ C!. v-t7 J ( ( D rVl ~ ;-tce~
AA
"",f
Have you ever served on any boards, agencies, or committees? NOlf so, list each:
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
;L.ANIMAL CONTROL BOARD
~CITIZEN CODE ENFORCEMENT BOARD
:!-CONSTRUCTION REGULATION BOARD
-I-ECONOMIC DEVELOPMENT BOARD
LFIREFIGHTERS PENSION BOARD
J ~GENERAL EMPLOYEES PENSION BOARD
'Z-LIBRARY BOARD
..t.RECREATION & CULTURAL SERVICES
.2..PLANNING & ZONING BOARD
!LPOLlCE PENSION BOARD
~VETERANS PARK ADV. COMMITTEE --4' ~
;L---/U ~03- J4ro-- /-h
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
.- .
APPLICATION FOR APPOIN.~OVot7;IS'n:~5'
BOARDS, AGENCIES OR COMMITTEES
NAME~~~L
ADDRESS JBtq P~:J fLu. ~. -r.cl'JDI.""+UC....:4R. 32/3~
HOME PHONE &jOcf-t.};J.'i-D8B3 BUSINESS PHONE 90~-'109-();'(j)..
OCCUPATION ~ ~ I't.~~lif. Pf"";~/;.t
Are you a resident 0 dgewater ~UL) How long " 4f' .LI.
Is your principal place of employment in Edgewater? ~
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee: k ~Li. ~"H'I Ju./__IL.:i:.JtL ~ ~
~~~~r~"'1' A1g4.
State your experience/qualifications ~ ~ ~ JtJlnlud
~~~~/~. ~~~JI ~i.'(l'-dau...
Are you a registered voter?
Are you employed by the City?JUCDo you hold public office? Aln
At the present time, do you serve au any other Boards, Agencies, or
committees? AJtJ If so, list each:
Have you ever served on any boards, agencies, or committees? ~~
If so, list each:
~
.t-/d
\'I'".
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLl!:AS!: nmICA!rl!: BOARDS, AGENCIES 01\ CClNKITTEES YOU
WOtlLI) LDOl: TO SEllVll: ON AND lU\NK THEM ACCOlU>ING TO CHOICE BY !WMBBR
~ANIMAL CONTROL BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
_ECONOMIC DEVELOPMENT BOARD ,.
_GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
_PLANNING & ZONING BOARD
_POLICE PENSION BOARD
FIREFIGHTERS PENSION BOARD . VETERANS PARK ADv. CO~TTEE
~ATURE~~~~ - DATE: //-/."00
** SEE lU:VERSE SIDE !'OK L ING J' BOARDS, AGENCIES AND CClNKITTEES** (~1-11-00)
04-05-02Al0:37 RCVD
!e.-M- ~S~ _I
-4lfi ()~ - 8ti \ \ i \'\~s*-9J
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPOINTMENT TO CITY
BOAlU)S OR COMMITTEES,
D.A-# CI2(~F'-L
Itls"I1Htr ~
HOME PHONE 5'? t. ' 1/2 '1 - I/?-r t.
OCCUPATION ~a' '~)e ?e-P'</'
Are you a resident of Edgewater Y~r
NAME
2miJitli 22 q !~i61L-
ADDRESS
How long
3'Pt - If:Lt. ' tJIF.f'
Disl--.2..,
/o_lpt.
BUSINESS PHONE
Is your principal place of employment in Edgewater? y~>
if yes how long? ltC) - 'Ft,
Br~efly state your interest in serving on a City board or
committee: J~ ~~"'-eD .:f# ~ h-,-wlU' ~F !;;;4?w~.
':::+WG IA L. 1) L, ~ ~ 70, rfEn--f? ~~ 7111rr ..:R- ~ In~ $ fr S M Irz-L To ~~
fJ,..-r WOIAL.1) PrL.~() J-I/e€, -r:.ffeLI' :r, f7~~ ~"#n 7Ha :2lf+~fU~.
State your experience/qualifications ::r;lA-a-, tJa--N ..::r;.,1/I,-v~D ,;:J;'/Y
-rH~ ... C;Nt~'-nOIr/ -!lfA IL- f)11V t: ".::hvoU'~~ nIL 5'r y~~~ '
Are you a registered voter? ,Y'e-s
Are you employed by the CitY?~DO you hold ,public office? ,~~
At ,~e present time, dQ you serve on any other Boards or committees?
~If so, list each:
Have, you eve!; serveg on any boards, agencies, r co~ttees? YeS' If so,
li.s..t each,,: 11'~r I/c~r flt::>A-r21> WA-I: 7? 0(..,1 l-1f1vs1tJ!t/
[fulr'rl-o - CI-r'l of, ~w w~fl..' ',', ,', ' , '
(BOA:RD AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH 'tEAR)
J?LEASE INDICATE BOARDS OR COMMITTEES YOU
WOULD LIRE TO SER.VE ON AND RANK THEM ACCORDING TO caOICE BY NUMBER
CITIZEN CODE ENFORCEMENT BOARD
~CONSTRUCTION REGULATI,ON BOARD
~ECONOMICDEVELOPMENT BOARD
~FIREFIGHTERS PENSION BOARD
.C~.~
SIGNATURE ,'" " 'ht Y /.,' . ,
SEE REVERSE SIDE FOR BOARD ~D COMMITTEES LISTINGS
~GENERAL EMPLOYEES PENSION BOARD
-LLIBAARY BOARD I
~RECREATION & CULTURAL SERVICES
--L-PLANNING & ZONING BOARD
~POLICE PENSION BOARD
~VETERANS PARK ADV. COMMITTEE
DATE:
(2-10-03)
7-:l.J-{)3
'.
THE CITY OF EDGE WATER
POST OFFICE BOX 1 OO-EDGEWATERi~L~fft ~2r~-f! 00
APPLICATION FOR APPOINTMENT TO CITY
BOARDs, AGENCIES OR COMMITTEES
;-- (, /}) l' \
NAME ((J,ucPs It;7TP..- ...J\:)Ne<;
ADDRESS I 7 't r!..1;1I/1,~1V c',em t"~r'1 'KJ,
HOME PHONE 34-5 -3909 BUSINESS PHONE S ~ 12-
OCCUPATION 't),' t"f' c..h.o ('" 6r Glw... ~ Nlal .s.l.J t(' r
Are you a resident of Edgewater 'f~-; How long "1,/Y<;
Is your principal place of employment in Edgewater? f~~S
if yes how long? ~1'F2
Briefly state your interest in serving on a City board, agency or
CZttzJf/f1j::fjlk 7 ~?i ::!/frfF
~_L t' /J /#. ~, ,/
-1/_d/l~':"", ~f{l.fl,,^- L1ht. (11fU/i/~~ ILU4I? ~
State your experience/quallfica't:ions ~ /l..4<M'ML ~ :) / y./.)
I
Are you a registered voter? 7"'" s
Are you employed by the CitY?~Do you hold public office? rJ6
At the present time, do you serve on any other Boards, Agencies, or
committees? AJ6 If so, list each:
Have you ever served on anYr boards, a,genci:as, or; committees?_
If so, list each: i~5 QJ. ;u,,:{ ,.l EfL.[j"'JM!:; r-r-
1"(1'
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PL1l:ASJ: INDICAn BOAmlS, AGl!:Ncn:s OR CC>>Oa!r!rEl!:S roo
WOOL!) LIlIJi: !rO SER\1.II: ON AND RANK !rBl!:M ACC01U)ING !rO CHOICE Br NOMBl!:R
J/ ANIMAL CONTROL BOARD
_CITIZEN CODE ENFORCEMENT BOARD
_GENERAL EMPLOYEES PENSION BOARD
_LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
_PLANNING & ZONING BOARD
_POLICE PENSION BOARD
, . VETERANS PARK TillV. CO~TTEE
- DATE: ~/;d.lu;)-
s, AGENcn:s AND CC>>Oa!r!rQ'su ' (JUCV 1-11-00)
c..:;
SIGNATURE
** SEE REVERSE SIDE FOR LIS!rINGOF
n(~
04-05-02A10:34, RCV~~~
J,-IU-Q3- ~~
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR AP~N~lig 11~ :gl~
BOARDS, AGENCIES OR COMMITTEES
NAME ~1I1 /nPO D'1
I
ADDRESS 33 7 Sch(7CfJ~r /j-t/e.nc/<:..-
HOME PHONE ~J. 7 - !? SS7 BUSINESS PHONE /J/ 17
OCCUPATION re- 'I,' ,~d
Are you a resident of Edgewater 'J ~S
How long
~ 0/ e",,- or .;;
/
Is your principal place of employment in Edgewater?
if yes how long?
Briefly state your interest in serving on a City board, agency or
cornmittee:J=;r 7},L~(IIt-~~Zhtr~~~~ r-
"r~ 1 ?a;;" (PtL~)....~ hv.U-L. ~~~~ .~
Vntd4-~~ ~1~~u-k bvV ~~~~
state your ejPerienCel~u~lifi0~~~Srls~ zrLo1Qj~ tP~/~G-~,
~~tJ?-~ ~dC1YIL-7 tJ2~~~~ JL~ aM~~thJ
{J7 - 7i"~ - U. ~ /.~~
e you a regj.stered voter? ~~~;...~~, aL.
Are you employed by you hold public office? '7t<J
At the pre$ent;tj.xne'cl.oy6use:r:V'$ona.n}'ioth~rBoa:tds'<l\.ge!lcies I or
cornmitte~s? ~ . If so, list each:
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIRE TO SERVE ON AND RANK THEM ACCO:RDING TO CHOICE BY NUMBER
_____GENERAL EMPLOYEES PENSION BOARD
L ANIMAL CONTROL BOARD
_____CITIZEN CODE ENFORCEMENT BOARD
_____LIBRARy BOARD
_____RECREATION & CULTURAL SERVICES
_____CONSTRUCTION REGULATION BOARD
_____ECONOMIC DEVELOPMENT BOARD
FIREFIGHTERS PENSION BOARD
SIGNATURE ~~ ~_
** SEE lU!:VERSE SIDE R LISTING BOARDS,
_____PLANNING & ZONING BOARD
_____POLICE PENSION BOARD
_____VETERANS PARK ADV. COMMITTEE
DATE: $' ~ d~
AGENCIES AND COMMITTE * ( V 1-11-00)
04-05-02Al 0 :39 RCVD . . In.rl''S L-1
c.. .. S-f1 \ I .' t\-r- - ~I
111-1 (V\1 SS~
~-lfI-O.J~~~
THE CITY OF EDGE WATER
POST OFFICE BOX 100-EDGEWATER, FLORIDA 32132-0100
APPLICATION FOR APPOINTMENT 1'0 CITY
BOARDS OR COMMITTEES.
- ~A?S'. N/?/J y' h/L.N"vD.b-e~o/
J / / ~~La..;:.9~-;e
ADDRESS 7tJ'~ ~E.AH9~~/'" "t/!J./V7d v;/~ /
HOME PHONa3..f~- 7'~~~$'"&9' BUSINESS PHONE --/?E/'/A?e7:)..
OCCUPATrON A0~~geu-e/7-/ ?RrT/"e~
Are you a reside t of Edgewater Y ~~ How long // ')/..;e, S
/
Is your principal place of employment in Edgewater?
if yes how long? ~
~riefly state your interest in serving on a City board or
--.
Are you a registered voter? Y F<q
Are you employed by the Ci ty?~DO you hold public office? %'0
At the present time, do you serve on any other Boards or committees?
- If so, list each: --
Have you ever served on any boards, a
list each: 'C'
or committeeS?.Y~ If so,
4..-<.5'Z)
,I, ~tL
(BOARD COMMITTEE MEMBERS MAY BE REQU RED WITH THE STATE,
FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS OR COMMITTEES YOU
WOULD LIKE TO S1!:RVE ON AND RANK THEM ACCOWING TO CHOICE BY NUMBER
_GENERAL &'<fPLOYEES PENSION. BOARD
_LIBRARY BOARD
_RECREATION & CULTURAL SERVICES
@) ~PLANNING & ZONI~G BOARD
_POLICE PENSION BOARD
COMMITTEE
_CITIZEN CODE ENFORCEMENT BOARD
_CONSTRUCTION REGULATION BOARD
_ECONOMIC DEVELOPMENT BOARD
DATE:
(2-10-03)
'7 c:? C--
./
12-05-05P12:~9 FIL~
AGENDA REQUEST
Date: January 12,2006
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD
APPOINTMENT
OTHER
BUSINESS Jan. 23, 2006
CONSENT
ITEM DESCRIPTION:
A proposed "draft" ordinance that would establish a program to charge user fees to non-residents for
the deployment of public safety services for motor vehicle accidents.
BACKGROUND:
The Ordinance will allow the City to seek reimbursement from insurance companies of the "at fault"
non-residents for the public safety services response to motor vehicle accidents. The reimbursements
are factored into four (4) separate levels of response depending on the severity of the accident.
With an increasing number of motor vehicle accidents and associated demand for services, the
reimbursements will allow the public safety departments to maintain level of services without
increasing the financial burden to the residents.
STAFF RECOMMENDATION:
Approval to establish a program to charge user fees to non-residents for public safety services for
motor vehicle accidents.
ACTION REQUESTED
Motion for staff to establish a program to charge user fees to non-residents for public safety services
for motor vehicle accidents.
FINANCIAL IMP ACT: (FINANCE DIRECTOR) N/ A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) N/ A
PREVIOUS AGENDA ITEM:
YES
NO
x
DATE:
N/A
AGENDA ITEM NO. N/ A
~~~~~~
Robin Matusick
~rale I ~
.~~ .
Ke Hooper
City Manager
ORDINANCE NO. 2006-0-Draft
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA, ADOPTING AND ESTABLISHING
A PROGRAM TO CHARGE USER FEES TO NON-
RESIDENTS FOR THE DEPLOYMENT OF PUBLIC SAFETY
SERVICES RENDERED BY THE CITY OF EDGEWATER
FOR MOTOR VEHICLE ACCIDENTS REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY, CODIFICATION, AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Emergency Fire and Police Department provide public service activity to
vehicular accidents and the number of incidents continue to increase each year. New Home Security
regulations, such as biological training and equipment, etc., will create increased demands on all
operational areas of the Fire and Police Department's services; and,
WHEREAS, the Fire Department and Police Department have investigated various
alternatives to maintain a high level of quality of Fire and Police emergency services throughout
times of constantly increasing service demands, where maintaining an effective response by the Fire
and Police Departments decreases the insurance companies costs by saving lives and minimizing
vehicular damage by fire; and,
WHEREAS, an increase in real property tax to meet the increase cost of public service
demands would not be fair to the property owners, when many of the Motor Vehicular Accidents
(MV A) involve individuals not owning property or paying property taxes within the City of
Edgewater;
WHEREAS, the City Council desires to implement a fair and equitable procedure by which
to collect public safety response fees from insurance companies of non-tax payers and shall establish
a billing system in accordance with State and Federal laws, regulations and guidelines;
NOW, THEREFOR, BE IT ENACTED by the City Council of the City of Edgewater,
Florida:
PART A. ENACTMENT OF MOTOR VEHICLE ACCIDENT RESPONSE
USERS FEES OF NON-RESIDENTS INTO THE CODE OF ORDINANCES,
CITY OF EDGEW A TER, FLORIDA.
Sec. ??-?? Motor Vehicle Accident Public Safety Response Users Fees of Non-Resident
(1) The City of Edgewater's Fire and Police Departments shall initiate public safety response
fees for the delivery of Fire and Police Department services, personnel, supplies and equipment to
the scene of motor vehicle accidents if it is determined a non-resident is found at fault. The rate of
the user fees shall be that which is the usual, customary and reasonable costs (UCR), which includes
any services, personnel, supplies and equipment and may fluctuate based on the needs of the
accident.
(2) The user fees shall be filed to the non-resident motor vehicle insurance company of the
individual determined to be at fault, representing additional cost of the claim for damages of the
vehicles, property and/or injuries. The claim costs shall be filed by a billing agency to the insurance
coverage of the owner of a vehicle, owner of property, or responsible party.
(3) User fees shall be based on the following reimbursement rate:
a) Levell Motor Vehicle Accident - $37.36/hr. Emergency response to a motor
vehicle accident where no injuries or hazards are found and only police department
response required for investigation and report.
b) Level 2 Motor Vehicle Accident - $ 160.46/hr. Emergency response to motor
vehicle accident where there are no injuries but fire-rescue department is required
for hazard investigation and mitigation and police department is required for
investigation and report.
c) Level 3 Motor Vehicle Accident - $288.84/hr. Emergency response to motor
vehicle accident where there are injuries that require treatment by the fire-rescue
department and there is not any victim extrication and the police department is
required for investigation and report.
d) Level 4 Motor Vehicle Accident - $653.001hr. Emergency response to motor
vehicle accident that requires victim extrication and treatment by the fire-rescue
department and the police department is required for possible accident reconstruction
and/or traffic homicide investigation and report.
e) Fee Adjustment - Users fees shall be adjusted annually based on the Cost Pricing
Index (CPI) pursuant to Resolution 2006-R-
Sec. ??-?? Establishment of Account Tracking
(I) All revenue collected as a result of this Ordinance shall be placed into a proprietary fund as
established by the Finance Director to be used exclusively for personnel, supplies and equipment
for the Fire and Police Departments required to respond to effect their public safety responsibilities.
Sec. ??-?? Reserved
PART B.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART C. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART E. ADOPTION.
After Motion by and Second by
the vote on the first reading of this ordinance held on
follows:
, 2006, was as
AYE
NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
After Motion by
the vote on the second reading/public hearing of this ordinance held on
was as follows:
Mayor Mike Thomas
Councilwoman Debra 1. Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this
ATTEST:
Susan J. Wadsworth
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
and Second by
,2006,
AYE
NAY
day of
,2006.
CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Legal AssistantlParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of , 2006 under Agenda
Item No.6
CRC Incident Report
Edgewater Police Department, Edgewater, Florida
Name of Reporting Officer:
Date:
Type Of Incident: D Vehicle Accident
Date of Incident: Time:
Location of Incident:
Incident Severity: (Please Choose)
D Fatal D Incapacitating Injury
D Possible Injury D Property Damage Only
D Traffic Control D Squad Assistance
Report #:
D Non-Incapacitating Injury
D Unknown
# of Police Officers on scene: # of Police Vehicles on scene:
Approximate amount of time on scene of accident, including completion of report:
Parties Involved:
Name:
Resident DYES
DNO
DNO
Address:
At fault? DYES
Phone:
Insurance Company:
Insurance Address:
Phone #:
Policy #:
Resident DYES
Name:
Address:
At fault? DYES
DNO
DNO
Phone:
Insurance Company:
Insurance Address:
Phone #:
Policy #:
Additional Scene Procedures (Indicate all that aDo Iv)
Administered Care D Cleaned Up Hazardous Chemicals D Placed Fares/Cones D Flushed Street D
Applied Absorbent D Determined if Injuries D Gave Drug Test D Searched Vehicle D
Assisted in Patient Care D Directed Traffic D Gave Sobriety Test D Secured Area D
Assisted in Patient Removal D Disconnected Battery Cables D Interviewed Witnesses) D Made Arrest D
Vehicles were righted D Cleaned up debris D Established Safety Zone D
Signature of Reporting Officer:
Date:
AGENDA REQUEST
Date: January 17. 2006
PUBLIC
HEARING
RESOLUTION
ORDINANCE
BOARD APPOINTMENT
CONSENT
OTHER
BUSINESS
x
ITEM DESCRIPTION:
Purchase Custom Stage Cover for Outdoor Amphitheater
BACKGROUND:
The Leisure Services Dept. is developing Hawks Park in several phases. Funding for each phase
comes from various grant(s) and recreation impact fees. Currently, we have received grant
funding from ECHO to help construct a roof over the outdoor amphitheater. The remaining
funding for construction of this phase, comes from recreation impact fees.
The City Council had directed staff to come up with a unique design for the roof. This is a
budgeted item, funding sources include ECHO Grant-$83, 175.00 and Recreation Impact Fees-
$106,480.75.
STAFF RECOMMENDATION:
Staff recommends that the City of Edgewater purchase from BPI International, using State
Contract #650-001-04-1, the Stage Cover for the Outdoor Amphitheater for the total amount of
$189,655.75.
ACTION REQUESTED:
Motion to authorize the City Manager to purchase the Stage Cover for the Outdoor Amphitheater
from BPI International using State Contract #650-001-04-1 for the total amo f$ 89,655.75
::-~
/;
FINANCIAL IMPACT: (FINANCE DIRECTOR)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED) AJ J4
PREVIOUS AGENDA ITEM:
YES
NO-----X_
DATE:
AGENDA ITEM NO.
Respectfully submitted,
ack Corder
Department Director
\lv~~~\~~<"~~
Kenneth R. Hooper \ U
City Manager
8-1
~r--I
INTERNATIONAL
Quotation
To: Jack Corder
City of Edge water
104 N. Riverside Dr.
Edgewater, FL 32132-0100
From: Sam Trivett
Date: 1-16-06
Fax: 424-2416
Phone: (386)424-2485
Page 1 of2
Ref: Stage Cover -Revised
Item Description
Payment and Performance Bond
Qty.
1
U nit Price
$6,937.00
Total
$6,937.00
Custom Waterproof Stage Cover
with 130 mph wind rating
15% State Contract(650-001-04-1) discount
1
$151,375.00
$151,375.00
1
-$22,706.25
-$22,706.25
Installation for above
1
$51,000.00
$51,000.00
EngineeringlDrawings
Permitting
1
1
$400.00
$500.00
$400.00
$500.00
Shipping 1 $2,150.00 $2,150.00
Total $189,655.75
Notes: The above pricing unless specified otherwise will be designed with a 90mph wind
load with the fabric top on per the 2004 Florida Building Code Section 3105.4.2.2
1. Does not include sales tax where applicable
2. All quotes are goodfor 30 days
3. Terms 50% due upon acceptance 50% due at shipping
Net 30 for Government Agencies
A penalty of 1-1/2% interest will be applied to overdue accounts
4. Typical Delivery Time 6-8 Weeks (Subject to timing of permit)
*Our quotation is based on the work described above and following general terms and
conditions. Upon acceptance of this quote the customer is to provide BPI with all necessary
site information to complete a full installation.
510 w. Arizona Avenue
DeLand, FL 32720
(T) 386-943-6222 800-767-2255
(F) 386-943-40601
8....1
~~i
INTERNATIONAL
Ref: Stage Cover -Revised
Page 2 of2
General terms & Conditions
~ Permitting
If BPI is responsible for obtaining a permit as indicated in the quotation or proposal, BPI is responsible for the
timely submittal or the permit application. A timely submission is dependent on the customer providing all
relevant site plan information necessary for BPI to complete the permit process. Delays in providing this
information may result in a late delivery and may result in additional costs to the customer.
If BPI is not responsible for the installation of the structure the customer or the customer's installation
contractor should be aware that they are responsible for obtaining the required permits.
The customer should note that BPI can not install a structure until a permit has been issued The customer
should also note that in order to meet certain delivery dates, and given the sometimes-lengthy permitting
process, BPI must begin to fabricate the structure while the permit application is in process. Should a
permitting authority fail to issue or holds up issuance of a permit, which happens infrequently but can happen,
the customer is still responsible for payment to BPI for any work completed on the structures(s). Such payment
to be made at time of the original ship date.
BPI will endeavor to work with the client and the permitting authority to insure a smooth permitting process.
~ Installation
BPI takes all reasonable precautions when digging foundations for the structure(s). BPI however cannot be
held responsible for any additional costs or delays resulting from underground utilities or structures which
could not have been reasonably avoided though typical construction industry practice or as a result of the
customer not providing available information on such potential underground utilities or other obstructions not
identified by the State utility locating services which BPI utilizes. BPI has not included any costs nor assumes
anv costs for extra work involved in moving utilities that may be in the way of the footers or additional costs
related to extra work to dig through rock, coral or other obstructions or extra costs to work deal with water that
fills the footer hole, either by pumping it out, enlarging the footer or changing the footer design altogether to
avoid the water. The customer will be billed for all these additional costs.
BPI has not included any costs nor assumes anv costs for repairs to the landscaping including grass that might
get damaged as a result of equipment or other efforts needed to install the structure(s)
Unless otherwise indicated this quotation assumes BPI will have free and clear access to all portions of the
work and an uninterrupted work schedule.
Thank you for giving us the opportunity to submit a quotation on this project.
Signed By:
Accepted:
Sam Trivett
Please Submit PO/Check To:
BP International, Inc.
510 West Arizona Ave.
Deland, FL 32750
Phone 800-767-2255 - Fax: 386-943-4060
Date:
TENT A TIVE AGENDA ITEMS
JAN 28 - Sat 9:00 am - Workshop - LDC amendments
FED 13
1) 2nd Reading, Ord #2006-0-02, annex - County to City - 17 acre water/reclaimed site
2) 2nd Reading, Ord #2006-0-01, rezoning, Tobin 30.01 acres, River Oaks, RPUD (RZ-051O)
3) 2nd Reading, Ord #2005-0-51, rezoning, Sfera 12.01 acres (RZ-0517) Hwy Commercial, 1 sl R 12/5, 6E
4) pi Reading, Ord #2006-0-03, rezoning, Visconti - 2.44 acres @ 3609 & 3625 S. US #1 (RZ-0516)
5) 1 sl Reading, Ord #2005-0-56, rezoning, Jalbert 12 acres - AG & RT (RZ-0409) 1 sl R 12/5, 6F
6) (3) Special Activity Permit Applications - No Name Saloon (SA-060 1); Earthquake Magoons (SA-0602)
& DogHouse Saloone (SA-0603)
FED 28 - President's Day
FED 27
1) 2nd Reading, Ord #2005-0-56, rezoning, Jalbert 12 acres - AG & RT (RZ-0409)
2) 2nd Reading, Ord #2006-0-, rezoning, Visconti - 2.44 acres @ 3609 & 3625 S. US #1 (RZ-0516)
3) Res No. 2006-R-0, Scott Tobin abandonment (AB-0501)
4) Coral Trace - amending development agreement - adding 22 lots
5) Coral Trace - replat - adding 22 lots
6) 1 sl Reading, Ord #2006-0-, rezoning, Jones/Putnam - 1 acre @ 1155 Old Mission Road (RZ-0515)
7) 1 sl Reading, Ord #2006-0-, rezoning, Jones/ASD Properties - 110.66 acres - PUD (RZ-0508)
8) pi Reading, Ord #2006-0-, Barry (CPA-0513) small scale comp
9) SJRWMD presenting ceremonial check for $80,000 for the Eastern Shores Stormwater Project
MAR 6
1) 2nd Reading, Ord #2006-0-, rezoning, Jones/Putnam - 1 acre @ 1155 Old Mission Road (RZ-0515)
2) 2nd Reading, Ord #2006-0-, rezoning, Jones/ ASD Properties - 110.66 acres - PUD (RZ-0508)
3) 2nd Reading, Ord #2006-0-, Barry (CP A-0513) small scale comp
4) pi Reading, Ord #2006-0-, annex, Lancellotta (AN-0514) .9:1:: acres at 2923 Oak Trail
5) 1 sl Reading, Ord #2006-0-, rezoning, Carder (RZ-0519) .24:1:: acres s/w comer of Falcon Avenue &
Mariners Gate Court as R-4 (Multi-Family Residential)
6) Res #2006-R-0, modification (indexing) of administrative/user fees
MAR 13 - 6:00 pm - Workshop
1) Reflections - Mercedes Homes (RZ-0513) - RPUD 833 acres
2) Washington Park - Pawlak (RZ-_) - com plan, rezoning & assessment
MAR 20
1) 2nd Reading, Ord #2006-0-, rezoning, Carder (RZ-0519) .24:1:: acres s/w comer of Falcon Avenue &
Mariners Gate Court as R-4 (Multi-Family Residential)
2) 2nd Reading, Ord #2006-0-, annex, Lancellotta (AN-0514) .9:1:: acres at 2923 Oak Trail
3) 1 sl Reading, Ord #2006-0-, comp plan, Lancellotta (CP A-012) as Low Density Transition.
4) 1 sl Reading, Ord #2006-0-, rezoning, Lancellotta (RZ-0520) as RT (Rural Transitional)
5) 1 sl Reading, Ord #2006-0-, Reflections (RZ-0513)
6) 1 sl Reading, Ord #2006-0-, Washington Park, comp plan
7) 1 sl Reading, Ord #2006-0-, Washington Park, rezoning & assessment
8) 1 sl Reading, Ord #2006-0-, rezoning - Hickey Residential (RZ-0505) (P&Z-03/08/06)
Rev. 1/17/06
I:\liz _ docs\outlines\aitems021306
APRIL 3
1) 2nd Reading, Ord #2006-0-, comp plan, Lancellotta (CPA-012) as Low Density Transition.
2) 2nd Reading, Ord #2006-0-, rezoning, Lancellotta (RZ-0520) as RT (Rural Transitional)
3) 15t Reading, Ord #2006-0-, SR- 442 rezoning
4) 15t Reading, Ord #2006-0-, annex, Gardiner (AN-0515 ) 82.33::l:: acres south of Taylor Road
5) 2nd Reading, Ord #2006-0-, Reflections (RZ-0513)
6) 2nd Reading, Ord #2006-0-, Washington Park, comp plan
7) 2nd Reading, Ord #2006-0-, Washington Park, rezoning & assessment
8) 2nd Reading, Ord #2006-0-, rezoning - Hickey Residential (RZ-0505)(P&Z-03/08/06)
APRIL 17
1) 2nd Reading, Ord #2006-0-, SR-442 rezoning
2) 2nd Reading, Ord #2006-0-, annex, Gardiner (AN-0515 ) 82.33::l:: acres south of Taylor Road
UNSCHEDULED UPCOMING HEARINGS - PLANNING DEPARTMENT APPLICATIONS
RECEIVED -
1) Massey - annexation (AN-~
2) Massey - 19 scale comp plan amend & rezoning
3) Villas @ Massey Ranch Site Plan
4) WaterlReclaimed Site -lg scale comp plan amend & rezoning
5) Tim Howard -lg scale comp plan amend (CPA-0501) was Targator & rezoning (RZ-0501)
6) Carder - annexation (AN-0516) - 28.56 acres
7) Carder - 19 scale comp plan - 52.82 acres (CPA-0503){includes AN-0516 - 28.56 acres & AN-0504-
includes 24.26 acres}
8) Carder - rezoning - (RZ-0504) total 52.82 acres {includes AN-0516 & AN-0504)
9) Reflections - Mercedes -lg scale comp plan amend (CPA-~
10) Seagate - Edgewater Lakes Phase II PUD Agreement
11) Seagate - Riverclub (CPA-~ 19 scale comp plan amend
12) Snowden/442 DR! -- approx 5,000 acres
13) Elegant Manor - rezoning (RZ-0521) south of AirPark west of Silver Palm
14) Nocatee - Alison Estates - single family residential to duplex (PUD amend?)
15) Seagate - Edgewater Lakes, Phase IB & IC - amendment to PUD
16) Woodbridge Lakes rezoning (RZ-0407) -
18) Woodbridge Lakes Plat
17) Washington Park - Pawlak Plat
18) Coastal Oaks - Haynes sm scale comp plan amend
DEVELOPMENT SERVICES (PLANNING) DEPARTMENT PROJECTS
1) Subdivision Architectural Design Standards
2) US # 1 Corridor Guidelines
3) Capital Improvement Element
4) Conservation Element
5) Coastal Element
6) Density (gross/net)
7) Recreation/Open Space Element
8) Future Land Use Element
9) Capital Improvement Plan
10) LDC - Article 5
11) LDC - Article 16
Rev. 1/17/06
I:\liz _ docs\outlines\aitems021306