06-08-2016Planning and Zoning Board
City of Edgewater
Meeting Agenda
104 N. Riverside Drive
Edgewater, FL 32132
Council Chambers6:30 PMWednesday, June 8, 2016
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
Regular Meeting - April 13, 2016a.
MinutesAttachments:
4. OLD BUSINESS-PUBLIC HEARING
VA-1605 - Antinori Group, requesting a variance from Section 21-36.06 (b) of the
Land Development Code for property located at 29 Pelican Lane.
a.
Location Map
Aerial
Variance Response sheet - revised
Attachments:
5. NEW BUSINESS - PUBLIC HEARING
VA-1606 - Carl Carder, applicant, requesting a variance from Article III of the Land
Development Code for property located at 2920 Queen Palm Drive.
a.
Location Map
Proposed Plan
Aerial
Attachments:
VA-1607 - George Laios, owner, requesting a variance from the Edgewater Lakes
RPUD Agreement for property located at 538 Safe Harbor Drive.
b.
Location Map
Site Plan
Aerial
HOA Approval
Attachments:
Page 1 City of Edgewater Printed on 5/31/2016
June 8, 2016Planning and Zoning Board Meeting Agenda
AN-1606 - Dr. Michael Somai, applicant, requesting annexation of 2.98± acres of
land located at 104 S. Cory Drive and the vacant parcel to the south.
c.
Location Map
Aerial
Attachments:
CPA-1607 - Dr. Michael Somai, applicant requesting an amendment to the
Comprehensive Plan Future Land Use Map to include 2.98± acres of property
located at 104 S. Cory Drive and the vacant parcel to the south.
d.
Location Map
Future Land Use Map
Aerial
Attachments:
RZ-1605 - Dr. Michael Somai, applicant, requesting an amendment to the Official
Zoning Map to include 2.98± acres of land located at 104 S. Cory Drive and the
vacant parcel to the south as B-3 (Highway Commercial)
e.
Location Map
Aerial
Zoning Map
Attachments:
6. OTHER BUSINESS None at this time.
7. DISCUSSION ITEMS
a. Development Services Director’s Report
b. Chairman's Report
c. Agency Members’ Report
8. ADJOURN
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and
will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or
provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in
any of these proceedings should contact City Clerk Robin Matusick, 104 N. Riverside Drive,
Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you
are hearing or voice impaired, contact the relay operator at 1-800-955-8771
One or more members of City Council or other advisory boards may be present.
Page 2 City of Edgewater Printed on 5/31/2016
104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Planning and Zoning Board
6:30 PM Council ChambersWednesday, April 13, 2016
1. CALL TO ORDER
2. ROLL CALL
Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright and Michael
Eichhorn
Present 6 -
George KennedyAbsent1 -
Development Services Director Darren Lear and Senior Planner Bonnie BrownAlso Present 2 -
3. APPROVAL OF MINUTES
a.Regular Meeting - March 9, 2016
Mr. Tyree read the Disclosure of local Officer's Interest, Form 8B, into the record.
A motion was made by Mr. McIntosh, second by Mr. Wright, to approve the minutes of
March 9, 2016. The MOTION was APPROVED by the following vote:
Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael
Eichhorn
6 -
Absent:George Kennedy1 -
4. OLD BUSINESS-NONE AT THIS TIME
5. NEW BUSINESS - PUBLIC HEARING
a.AN-1604 - John Ingles requesting annexation of property located at 158 Azalea
Road.
Mr. Lear provided background information and staff's recommendation. He added that this parcel
was within the Interlocal Service Boundary Area and that the next two items pertained to the same
property.
John Ingles, 1115 W. Howery Ave, DeLand stated was looking forward to being a part of the City.
Chairman Card opened and closed the public hearing.
A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to send a favorable
recommendation to City Council for the annexation of 158 Azalea Road. The MOTION
was APPROVED by the following vote:
Page 1City of Edgewater Printed on 5/3/2016
April 13, 2016Planning and Zoning Board Meeting Minutes
Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael
Eichhorn
6 -
Absent:George Kennedy1 -
b.CPA-1604 - John Ingles requesting an amendment to the Comprehensive Plan
Future Land Map for property located at 158 Azalea Road.
Mr. Lear provided background information and staff's recommendation. He stated the proposed
Future Land Use designation is the most compatible to the current County designation.
Chairman Card opened and closed the public hearing.
A motion was made by Mr. McIntosh, second by Mr. Andrejkovics, to send a favorable
recommendation to City Council for the amendment ot eh Comprehensive Paln Future
Land Use Map to inlcude property located at 158 Azalea Road as Medium Density
Residential. The MOTION was APPROVED by the following vote:
Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael
Eichhorn
6 -
Absent:George Kennedy1 -
c.RZ-1604 - John Ingles requesting an amendment to the Official Zoning Map for
property located at 158 Azalea Road.
Mr. Lear provided background information and staff's recommendation.
Chairman Card opened and closed the public hearing.
A motion was made by Mr. Wright, second by Mr. McIntosh, to send a favorable
recommendation to City Council for the amendment to the Official Zoning Map to
inlcude property located at 158 Azalea Road as R-3 (Single Family Residential). The
MOTION was APPROVED by the following vote:
Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael
Eichhorn
6 -
Absent:George Kennedy1 -
d.AN-1605: Glenn Storch requesting annexation of property located at 3176 W.
Indian River Boulevard
Mr. Lear provided background information and staff's recommendation.
Mr. Wright asked why there was no rezoning associated with the annexation. Mr. Lear stated the
rezoning would come at a later date, he added that this was not unusual.
Glenn Storch, applicant, stated they were waiting to determine the best use of the property before
requesting the Zoning Map amendment. Chairman Card discussed how this area was going to make
a nice entryway into the City.
Page 2City of Edgewater Printed on 5/3/2016
April 13, 2016Planning and Zoning Board Meeting Minutes
Chairman Card opened and closed the public hearing.
A motion was made by Mr. Andrejkovics, second by Mr. Tyree, to send a favorable
recommendation to City Council for the annexation of 3176 W. Indian River Boulevard.
The MOTION was APPROVED by the following vote:
Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael
Eichhorn
6 -
Absent:George Kennedy1 -
e.CPA-1606 - Glenn Storch requesting an amendment to the Comprehensive Plan
Future Land Use Map to include property located at 3176 W. Indian River
Boulevard
Mr. Lear provided background information and staff's recommendation.
Glenn Storch, applicant spoke in favor of the request.
Chairman Card opened and closed the public hearing.
A motion was made by Mr. Tyree, second by Mr. Andrejkovics, to send a favorable
recommendation to City Council for the amendment to the Comprehensive Plan Future
Land Use Map ot include proprty located at 3176 W. Indian River Boulevard as Mixed
Use with Conservation Overlay. The MOTION was APPROVED by the following vote:
Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael
Eichhorn
6 -
Absent:George Kennedy1 -
f.VA-1603 - Kenneth L. Stewart, requesting a variance from Article V, Section
21-50.02 of the Land Development Code for property located at 2764 Banyan
Drive.
Mr. Lear provided background information and staff's recommendaiton. He stated that due to the
configuation of the parcel and location of the existing residence a variance is needed to add the patio
and screen room.
Chairman Card opened and closed the public hearing.
A motion was made by Mr. McIntosh, second by Mr. Tyree, to approve the variance from
Article V, Section 21-50.02 to allow a rear setback of 8-feet in lieu of the required 20-feet
for property located at 2764 Banyan Drive . The MOTION was APPROVED by the
following vote:
Yes:Robert McIntosh, Pat Card, Robert Andrejkovics, David Tyree, Paul Wright, and Michael
Eichhorn
6 -
Absent:George Kennedy1 -
g.VA-1604 - Mark Rakowski, requesting a variance for property located at 300 S.
Riverside Drive - REQUEST WITHDRAWN BY APPLICANT
Page 3City of Edgewater Printed on 5/3/2016
April 13, 2016Planning and Zoning Board Meeting Minutes
This request was withdrawn by the applicant.
6. OTHER BUSINESS
a.Board Appointment - Recommendation to City Council for appointment due to
the expired term of Robert Androjkovics, which expires on April 5, 2016 and he
is seeking reappointment.
Board consensus was to recommend City Council reappoint Mr. Andrejkovics.
b.Board Appointment - Recommedation to City Council for appointment, due ot
the expired term of Robert McIntosh, which expires on May, 2016 and he is
seeking reappointment.
Board consensus was to recommend City Council reappoint Mr. McIntosh.
7. DISCUSSION ITEMS
a. Development Services Director’s Report
Mr. Lear provided an update on the Jiffy Lube site plan review and stated a resubmittal of the
Oakwood Cove subdivision has been received. He added that the number of lots was reduced, lot
sizes increased and the PUD Agreement going before Council next month for an extention. Further
discussion ensued regarding the subdivision.
There was disussion regarding the previous annexations and the potential for future annexations due
to the Interlocal Service Boundary Agreement. Mr. Lear provided updates on various projects at the
request of the Board.
b. Chairman's Report
None at this time.
c. Agency Members’ Report
Mr. McIntosh stated that despite the weather the Expo had a great turnout.
Chairman Card recognized Councilman Conroy. He then recognized the work being done at the
cemetery on Air Park Road. Councilman Conroy commented on the workers, what is being done and
opportunities for more volunteers.
8. ADJOURN
There being no further business to discuss, the meeting adjourned at 7:04 p.m.
Minutes Respectfully Submitted By:
Bonnie Brown, Senior Planner
Board Coordinator
Page 4City of Edgewater Printed on 5/3/2016
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:VA-1605,Version:2
ITEM DESCRIPTION:
VA-1605 -Antinori Group,requesting a variance from Section 21-36.06 (b)of the Land Development Code for
property located at 29 Pelican Lane.
OWNER:Scott Disbennett
REQUESTED ACTION:To allow the construction of a boathouse five-feet (5’)from the southern property
line in lieu of the required 10-feet.
LOCATION:29 Pelican Lane
AREA:.15± acres
PROPOSED USE: Boathouse
CURRENT LAND USE: Single Family Residence
FLUM DESIGNATION: Medium Density Residential
ZONING DISTRICT:R-4 (Multi Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Residence Medium Density Residential R4 (Multi Family Residential)
East Indian River Indian River Indian River
South Single Family Residence Medium Density Residential R4 (Multi Family Residential)
West Single Family Residence Medium Density Residential R4 (Multi Family Residential)
Background:The subject parcel contains a single family residence constructed in 1983,the existing dock was constructed in 1985
and a seawall was constructed in 2004.The applicant is proposing to construct a 15’x 25’boathouse along the southern side of the
existing dock.
This request was scheduled for the May 11, 2016 meeting, which was cancelled due to lack of quorum.
Land Use Compatibility:The proposed construction of a boathouse is compatible with the surrounding area as several properties
currently have boathouses.
Adequate Public Facilities:The site is currently developed and served by City water and sewer and has vehicular access via Pelican
Lane and Blue Heron Drive.
Comprehensive Plan Consistency:Not applicable
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File #:VA-1605,Version:2
RECOMMENDED ACTION
Motion to approve the variance for 29 Pelican Lane to allow the construction of boathouse 5-feet from the southern property line.
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Date : 4/26/2016
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Date : 4/26/2016
Su bject Property
non-administrative variance 1-2 family residence rev-residential - 6 -
REV 4-25-07
Response Sheet for Variance Criteria
Please indicate how the variance request(s) meet the criteria listed below:
1. That granting of the proposed variance is not in conflict with the Comprehensive Plan;
2. That granting of the proposed variance will not result in creating or continuing a use which is
not compatible with adjacent uses in the area;
3. That granting of the proposed variance is the minimum action available to permit reasonable
use of the property;
4. That the physical characteristics of the subject site are unique and not present on adjacent
sites; and
5. That the circumstances creating the need for the variance are not the result of actions by the
applicant or actions proposed by the applicant.
The lot is 50'(shoreline) x 170.72' and is much smaller than the lots intended for the 10' setback.
The Owner is requesting a 7' setback for his boathouse structure.
The Owner wishes to have a boathouse installed for his personal use. The
proposed use is compatible with the adjacent uses in the area.
The access pier (walkway) is positioned as per DEP requirements . This forces
boathouse and platform structures closer to the property lines.
The lot has a 50'(shoreline) x 170.72' and is much smaller (shoreline) than
the other lots intended for the 10' setback.
The circumstances for the need of this variance is a result of the lots dimensions which are
not the result of actions by the applicant or actions proposed by the applicant. The dock structure
, as shown on the survey, were existing when the current Owner purchased the property.
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:VA-1606,Version:1
ITEM DESCRIPTION:
VA-1606 -Carl Carder,applicant,requesting a variance from Article III of the Land Development Code for property
located at 2920 Queen Palm Drive.
OWNER:Wallace and Yvonne Phillips
REQUESTED ACTION:Approve a variance from Section 21-36.02 (c)to allow the roof of a workshop be 4-feet 5-
inches taller than the primary structure
CURRENT LAND USE: Single Family Residence
FLUM DESIGNATION: Low Density Residential
ZONING DISTRICT:R-2 (Single Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Residence Low Density Residential R-2 (Single Family Residential
East Single Family Residence Low Density Residential R-2 (Single Family Residential
South Single Family Residence Low Density Residential R-2 (Single Family Residential
West Single Family Residence Low Density Residential R-2 (Single Family Residential
Background The parcel contains a single family residence constructed in 1979 on a lot that is 160’x 125’.The
property owner is requesting to construct a workshop and on the property which will be 4-feet 5-inches taller than the
primary structure.Section 21-36.02 (c)of the Land Development Code states “No accessory use,building or structure
shall exceed the height limit shown in that district and shall not exceed the height of the peak of the majority of the roof
height of the principle or primary structure in residentially zoned areas.”
Land Use Compatibility:The construction of a workshop on residential property is compatible with the surrounding
area of single family residences; some of which contain detached garage type structures.
Adequate Public Facilities:The property has access to Queen Palm Drive and is served by City water and sewer.
Comprehensive Plan Consistency:Not applicable
RECOMMENDED ACTION
Motion to approve the variance to allow a workshop to be constructed 4-feet 5-inches taller that the primary structure at
2920 Queen Palm Drive.
City of Edgewater Printed on 5/31/2016Page 1 of 1
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Date : 5/17/2016
Su bject Property
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:VA-1607,Version:1
ITEM DESCRIPTION:
VA-1607 -George Laios,owner,requesting a variance from the Edgewater Lakes RPUD Agreement for
property located at 538 Safe Harbor Drive.
OWNER:George Laios
REQUESTED ACTION:To allow the construction of a screen porch to be located no less than two-feet (2’)
from the rear property line.
CURRENT LAND USE: Single Family Residence
FLUM DESIGNATION: Low Density Residential
ZONING DISTRICT:RPUD (Residential Planned Unit Development)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Residence Low Density Residential RPUD (Residential Planned Unit
Development)
East Single Family Residence Low Density Residential RPUD (Residential Planned Unit
Development)
South Single Family Residence Low Density Residential RPUD (Residential Planned Unit
Development)
West Vacant Low Density Residential RPUD (Residential Planned Unit
Development)
Background The subject property contains a single family residence constructed in 2016 and is located with the Edgewater Lakes
subdivision,in which development criteria is set forth in RPUD (Residential Planned Unit Development)Agreement.The RPUD
Agreement requires a 15-foot rear setback.Due to residence being located 15-feet from the rear property line a variance is necessary
to allow the addition of a screen porch.
Approval is also required from the HOA Architectural Review Committee, which was received on May 23, 2016.
Land Use Compatibility:The addition of a screen porch is compatible with the adjacent single family residences.
Adequate Public Facilities:The site has City water and sewer and has vehicular access via Safe Harbor Drive.
Comprehensive Plan Consistency:Not applicable
RECOMMENDED ACTION
Motion to approve the variance request from the Edgewater Lakes RPUD Agreement to allow a screen porch to be located no less
than two-feet (2’) from the rear property line.
City of Edgewater Printed on 5/31/2016Page 1 of 1
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Su bject Property
EDGEWATER LAKES BOA, INC.
1190 Pelican Bay Drive
Daytona Beach, FL 32119
(386) 756-3032
(386) 760-4784 (FAX)
ARCHITECTURAL REVIEW COMMITTEE SUBMITTAL FORM
DATE: _y--{S- /6
HOMEOWNER'S NAME:
RECEI EV j
MAY 14 2016
DEVELOPMENT SERVICES
Email: /ai e s 7/
TENANTS NAME(s) (If Applicable): Email:
ADDRESS: 5,38 51yr E enaa / OR,
CITY/STATEtZH' CODE:PZz-
TELEPHONE: DAY:
EVENING:
MOBILE:
NOTE: DO NOT BEGIN WORK PRIOR TO APPROVAL
Description of work to be done:
f1 Do r "3 F x1 5 r I AJ 6 c ONCIZ E' t E /:W 7 W I r h`
FINisee6--0 P1His'1J5/4NS 7-6 13E' <y' is/
A sketch, blueprints, and/or architectural drawing of all improvements/construction
MUST be submitted with this form showing the above specifications including lot
easements.
Contractor Name, Address, Telephone Number
k'08f/f for C.Ptui kPS L/icense# CI 4f652 7/ PIZ
Type ofma?6sZbe G/2EiE P19716 J �o �e— GLP St
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Color(s) to be used:
Start Date: r/"�D'%� Completion Date:
Additional Information (including where applicable, include length, width, height, depth):
FINl5,4(Cp p1MCA) T/ejN,< !y`/5 /3U/LJ7 TO e(y 5'/-7L'c!F/Cfit%'-6it.S
IMPORTANT NOTICE: Prior to starting your project, you must obtain Architectural Review Committee Approval; and, then obtain any and all
necessary permits required by the appropriate Municipality.
Remember.
1. Permits either City/County should be obtained prior to construction.
2. Improvements/wintrnetion should not deviate from submitted plan without approval of Architectural Review Committee.
3. Completion date(s) can m d with written
njn�9ttke'Ssad approval of Architectural Review Committee.
Homeowner's Signature: `,/C/y Date: L r'
Should you have questions about your application, please contact Nancy Martin, Southern States Management Group, Inc, (386) 756-3032,
oremail: nmartin ssmerouaine.eom
DISCLAIMER: Trades people and residents ace prohibited from dumping, sweeping. blowing or washing construction debris, oils, repair residue,
ooncrete, or any toxic or poisonous material into the street, swales, parkways, or any other Association -owned property or easements. At the
completion of the project, all building materials, trash, trash containers, etc., shall be removed from the driveways, streets, patios, and cominon areas;
sm-i. hauled out of the Amociation and disposed of at proper waste dumps or haul stations.
Good Neighbor Policy: When proposed alteration/addition has possible impact on adjacent property, it is suggested that the applicant discuss the
proposal with neighbors prior to submitting an application to the Architectural Review Committee. It may be appropriate in some uses to submit
neighbor comments along with the application. Notification would not imply consent, but allow the Architectural Review Committee to consider
comments along with the proposed alteration/addition.
DO NOT VVME IN THIS SPACE
On this o�3Iby of 20- t G , the Architectural Review Committee
reviewed the above application.
The Committee _ Approved said application subject to the following conditions:
Any and ail construction/installation debris, including sod and dirt, is to be properly disposed of. Contractor is
required to take all debris out of Edgewater Lakes subdivision. If work is performed by homeowner, or tenants
with homeowner's approval, all construction/installation debris is to be properly disposed oL
0% O
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The Committee Disapproved said application subject to the following conditions:
Date: s/a3/r&
Deborah Mottram
Chairperson, Architectural Review Committee
Edgewater Lakes
Submit completed form via fax, email to Nancy Martin, or mail to address at top of page 1.
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ADDRESS
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BOUNDARY & AS -BUILT SURVEY
DESCRIPTION: (AS FURNISHED)
LOT 23, EDGEWATER . LAKES PHASE t A AS RECORDED IN PLAT BOOK 54.
PAGE(S), 46-49, OF THE PUBLIC RECORDS OF YOLUSIA COUNTY,, FLORIDA.
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EDGEWATER LAK95 HOM.WW tERS ASSOCIAIJON
AGREEMENT FORTEMPOWY ACCESS
For:abd In cosideration of the mutual promises and obtlWons4 hereunder,. EdgeWater
Homeowners ksacletlon (.E MAL
.Consort don Company Name: �,11 ,.,.w.,cs,1..,
Construft Company AdtWess: �1
Phone Number; �
kx Number:
1uw��.•r r11n.�.r1..iYV ._�.� .. ��f. �. r rr�i �_r
&WIl Addt.s:
PrepeTW Owners Name; _6 co /i ) 4 S
. .d rater
#arty Owners Address: 38 i5's9f ,�_,6o,f� J2.
M/Y/- T720 Z
r....���.rr��rw.
Property. Owners i:4t No. 23
To be refenvd to:t3 fterin this ment as �Con0nxtion CompaW and Vrop►erty OwnerO'
mpectly, -agree this . of as followx
(Date) (Moth) (Year)
I For a permed of flme trot too esc d seventy-five: (75) consecutive days from th date tlat
1
e-buildir�g_permit�ts issued for the con*uct of a C Q
on real pro *ny:owned by above noted PnWrty Ownef and address, Edpwater,
'Floddk*e above xrated' Copstruction• Company shall be entbled to travel from
S&__,[4ttAars _..... off: nfid then moss Lot of EdgeWater Lake4
'Phase # A. for the sa.Ete purpose of having amss to that part of the real prey owned
bythe abaMe:cetd Proger'ty OWW W the construction and k% tales by the above
mted Canatrufticn Company of a C,= C e+e pgLh1Q_ _._....
vibe above noted ConstrucUbn Comoahy represents and. agrees that it will applyfor and
obtain said bull&ng perndt f sj'wlthin thirty (30) days of the date the afire noted
CwtWuedon C-arnpWW ijgrn thk•Agreenwnt.. The temporary rat of access granted by
this Agreement shall be strictly and narrowly tatm*ved and shall be used by the above
.noted CoAstriuttion.Company and'above noted Property Owner solely for the purpose exp! -in this paragraph N*,, Z. Tftne is -of the essence.
24 ko-equipment, Materlak. or other physital or tangible kerns Or substances sh*H be,
Aored.bn or left -on Lot*No,. 23 __ at any time.. it being understood that the
tentporary access granted lnftsAgreL*Fnent-issolely for:thepurpomof erftring,and
eldbqo that part of -the above noted PrdMftY Owners -address.. on Which the above
noted Construction COmPanV Is construcUng-andinstalling a.01 one LCA L4V6
No ffieWrM -or substance classified or desighaied. by the United States Department of
TrcinspoMiVon Table or bythe ErMromnental protewen. Agency as. hazardous.
.substances, or*wMch -are dassified as hazardous or-toxk under Im. 1,
,rules or regulatio State or Fadftl
aws ..M shall-bepkeedon or -carried. Lot No. 22
_1=4_41
3. Wftn five (5) days -of the date of a demand or request by EWLHAv the Ad* noted
CoMrbeflon:Company at b.• sale expense- shall restore Lot No. 3 torthecandOm
that existed Immediately prior to the above noted. Construction CompaW- s*ac
cess.to Lot
-No. The above noted Construction Comwy and the ebm noted property
owner -shall be responsible for all costs and expenses related to the above noted
Co 'union Company's access and use of Lot No. _,;_0 .. .. The above noted
Congtruction -CompanYand above. noted Property -Owner hereby agree to Inderatiffy and
sawe-wA hold FSLHA, any and all EWWA.and Offlate5rtheir respective officers,
�dir pre, pwnersemplo"successoM legal representatives and assigns harrnlas
fromand against any and.all kw., damage, m% expeAst.. robAfty or respcmslb#4
Whatsoever to -anyone -orany entity oncluding-without limMotion,, reasonable at - tomeye
fees) which maybe ocwtoned orincurred, directly or indirectly he
. y� byrea n so of t -
exerche of the above noted Construction CompaWs accau, use or entry upon, on or
over 1ot No. Thy A r .. wagragh No. 3 shall suMve termination. ofthls-AV*ement,
4. The above noted Constawrion Company and above noted Property Owner hereby
0MAt release, exonerate and discharge EWLNA. arid affiliates, their respective Mtkers,
directors, *we% employees;: $U�ors... legal representatives, and assigns from any
and all -damageso -including. but. not Jimfted.to prap&W damage and Thefud(ng butildt
liffilMd to miedlMl -expense.. Joa cages.. path and suffering and disability resulting
directly or IndirectIV fram bo4lly injury,. personal Infory or. property. damap,, that may be
Or is ttused, suffered or Incurred by the above noted COnstructliDn Company; the above
-noted Property.Cwner, or efthee's guests,: employNm, agen%, suppliers,: 1
ctorsor
.tubwntmOas., atany time a a result. In part or In whole ftom any on& On "Y
c - Itr , ra
other flilng Whatsoever related directly or, Indftily to. Lot No.-A-9— and/or tht right
of -access and use -Stunted und'ier this Agreement.. This Release specifically and expressly.
-shag apply -and be effwlve. regardless of-ft cause Of the injury or damage,,
lnclutpr & but not tGrii W to s grass fuW41emik sUict th"IftV orthe
htwdonw eruct of am Qfthe forVing releases.. ibis Pa ph No. 4 sheU surAve,
*the terntinadon 10f this Agreements
:5- At SnY tune, EWLHA In its sale d e#oa Mgy tgrMinate this Agfeemertt artd aU rights
granted to the move noted Cmi"ctivn Compi3hy-and/ the above noted Property
-Owner-anderthis Agroamt Won ffft (S) dap wrften riMcL* in the event a cwWact
for salit or purchase 15-tendered. by a potWftf Purctaser of Lot No. � .: Wrftt"
.notice shall include beat be Urriftedto-mW by electronic -mall..
6. The above noted wnstruetim companyand/or the above noted PIMP" Owner shall
.be joh* and -uw6re11y.Uahl'9 for each and OvverY Oblfpthm of -the above: noted
Construction COMPany MWCW the above noted Property Owner ur*r thiS.Agme"tit.
EdgeWater. lakes HarneoWners rciat on:
Robert Andrek0cs:
Pres(dent, Edge*aer Lakes HOA.
.���.elic A yu)
(t1DtL4ftcd1on Company i on )
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{�8natur�
{Print name)
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City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:AN-1606,Version:1
ITEM DESCRIPTION:
AN-1606 -Dr.Michael Somai,applicant,requesting annexation of 2.98±acres of land located at 104 S.Cory
Drive and the vacant parcel to the south.
OWNER:Mina Ventures, LLC
PROPOSED USE: Add additional parking
CURRENT LAND USE: Dental Office/Vacant
FLUM DESIGNATION: County Commercial and Urban Low Intensity
ZONING DISTRICT:County B-4W (General Commercial) and R-3W (Urban Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Professional Office/Single
Family Residence
Commercial with
Conservation Overlay/
County Urban Low Intensity
B-3 (Highway
Commercial)/County R-3 (Urban
Single Family Residential)
East Single Family Residence County Urban Low Intensity County R-3W (Urban Single
Family Residential)
South Bar/Restaurant/Single Family
Residence
County Commercial/Urban
Low Intensity
County B-4W (General
Commercial) and R-3W (Urban
Single Family Residential)
West Convenience Store/Gas
Station/Vacant
Commercial/County
Commercial
B-3 (Highway
Commercial/County B-4
(General Commercial)
Background:This property contains a commercial office building constructed in 2007 as well as a vacant parcel to the south,on
which the applicant is proposing to add additional parking.The applicant is requesting to annex into the City,the Future Land Use
and Zoning will be amended simultaneously with the annexation.The property is within the Interlocal Service Boundary Agreement
area mutually adopted by Volusia County and the City as well as contiguous to the city boundaries.
Land Use Compatibility:The current use of a commercial office (dental)building is compatible with the surrounding area and a
permitted use within the B-3 (Highway Commercial) zoning district.
Adequate Public Facilities:The site has access via Cory Drive. City water and sewer is available to the property.
Comprehensive Plan Consistency:The proposed annexation is compatible with Policy 1.8.2 of the Future Land Use Element,which
states “In order to reduce land use conflicts and for efficient public service provision,the City shall investigate and,where feasible,
annex all enclaves as soon as possible.
City of Edgewater Printed on 5/31/2016Page 1 of 2
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File #:AN-1606,Version:1
RECOMMENDED ACTION
Motion to send a favorable recommendation to City Council for the annexation of 104 S.Cory Drive and the vacant parcel to the
south.
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Date : 5/17/2016
Su bject Property
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:CPA-1607,Version:1
ITEM DESCRIPTION:
CPA-1607 -Dr.Michael Somai,applicant requesting an amendment to the Comprehensive Plan Future Land
Use Map to include 2.98± acres of property located at 104 S. Cory Drive and the vacant parcel to the south.
OWNER:Mina Ventures, LLC
REQUESTED ACTION:Amendment to the Future Land Use Map to include property as Commercial
PROPOSED USE: Add additional parking
CURRENT LAND USE: Dental Office/Vacant
FLUM DESIGNATION: County Commercial and Urban Low Intensity
ZONING DISTRICT:County B-4W (General Commercial) and R-3W (Urban Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Professional Office/Single
Family Residence
Commercial with
Conservation Overlay/
County Urban Low Intensity
B-3 (Highway
Commercial)/County R-3 (Urban
Single Family Residential)
East Single Family Residence County Urban Low Intensity County R-3W (Urban Single
Family Residential)
South Bar/Restaurant/Single Family
Residence
County Commercial/Urban
Low Intensity
County B-4W (General
Commercial) and R-3W (Urban
Single Family Residential)
West Convenience Store/Gas
Station/Vacant
Commercial/County
Commercial
B-3 (Highway
Commercial/County B-4
(General Commercial)
Background:This property contains a commercial office building constructed in 2007 as well as a vacant parcel to the south,on
which the applicant is proposing to add additional parking.The applicant is also requesting annexation and an amendment to the
Official Zoning Map.The property is within the Interlocal Service Boundary Agreement area mutually adopted by Volusia County
and the City as well as contiguous to the city boundaries.
Land Use Compatibility:The current use of a commercial office (dental)building is compatible with the surrounding area and a
permitted use within the B-3 (Highway Commercial) zoning district.
Adequate Public Facilities:The site has access via Cory Drive. City water and sewer is available to the property.
Comprehensive Plan Consistency:The proposed Future Land Use Designation of Commercial is compatible with the surrounding
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File #:CPA-1607,Version:1
commercial designations and the existing County designation.
Volusia County Commercial -This designation accommodates the full range of sales and service activities.These uses may occur in
self-contained centers,multi-story structures,campus parks,municipal central business districts,or along arterial highways.In
reviewing zoning requests or site plans,the specific intensity and range of uses,and design will depend on locational factors,
particularly compatibility with adjacent uses,availability of highway capacity,ease of access and availability of other public services
and facilities.Uses should be located to protect adjacent residential use from such impacts as noise or traffic.In wellfield protection
areas uses are prohibited that involve the use,handling,storage,generation or disposal of hazardous or toxic material or waste or
petroleum products.Intensity shall be no more than a fifty-five percent Floor Area Ratio (0.55 FAR)consistent with the applicable
underlying zoning classification standards and land development regulations.
Commercial development in newly developing areas is designated in nodes at major thoroughfare intersections.Primarily new
development should be designed to utilize the shopping center concept and not designed to encourage strip style commercial
development. The various types of shopping centers are described in Chapter 20, Definitions under Shopping Centers.
However,the Plan recognizes existing strip commercial development along many arterial roadways may remain.These areas are
identified on the Future Land Use Map and if the designation is shown on only one side of a roadway,this specifically provides that
particular side is intended for commercial use and is not to suggest that the opposite side is also included.Future extension of the strip
commercial beyond that shown on the Plan Map shall require a Plan amendment.
Existing commercial uses not indicated on the Future Land Use Map may be consistent with the Plan if they comply with Number 16
of the Interpretation Section.
City of Edgewater Commercial -The commercial land use category consists of a variety of retail and office uses;such as medical
facilities,shopping centers,restaurants,automobile service facilities and similar uses.Typical neighborhood and highway service
areas are allowed to build up to a maximum floor area ratio (FAR)of 0.30.Tourist commercial areas can build up to a maximum
0.50 FAR.
The majority of commercial development within the City is located along U.S.1 in a strip pattern.This area contains restaurants,
convenience goods stores and neighborhood centers.Another corridor of commercial development is adjacent to the FEC Railroad
within the Florida Shores Subdivision.
RECOMMENDED ACTION
Motion to send a favorable recommendation to City Council to amend the Future Land Use Map to include 2.98±acres of land
located at 104 S. Cory Drive and the vacant parcel to the south as Commercial.
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This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. T he City of Edgew ater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map.
Subject PropertyParcel: 8412-05-00-1330 & 8538-06-00-0010
Proposed Future Land Use:Com mercial
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Date: 5/17/2016 Date: 5/17/2016
Existing Proposed
This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. T he City of Edgew ater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map.
Subject PropertyParcel: 8412-05-00-1330 & 8538-06-00-0010
Current County Future Land Use:Commercial
County of VolusiaFuture Land Use Map
City Limits
Subject Property
AGRICULTURE
COMMERCIAL
CONSERVATION
ENVIR ONMENTAL SYSTEMS CORRIDOR
FOR ESTRY RESOURCE
GATEWAY
GR EENKEY
INDU STR IAL
LOW IMPACT URBAN
PUBLIC/SEMI-PUBLIC
RURAL
URBAN HIGH INTENSITY
URBAN LOW INTENSITY
URBAN MEDIUM INTENSITY
INCOR PORATED
City of EdgewaterFuture Land Use Map
Subject Property
Conservation Overlay
Agriculture
Recreation
Conservation
Public/Semi-Public
High D ensity Residential
Medium D ensity Residential
Low Density Residential
Low Density Transition
Mixed Use
Industrial
Commercial
Sustainable Community Development
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Su bject Property
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:RZ-1605,Version:1
ITEM DESCRIPTION:
RZ-1605 -Dr.Michael Somai,applicant,requesting an amendment to the Official Zoning Map to include
2.98±acres of land located at 104 S.Cory Drive and the vacant parcel to the south as B-3 (Highway
Commercial)
OWNER:Mina Ventures, LLC
PROPOSED USE: Add additional parking
CURRENT LAND USE: Dental Office/Vacant
FLUM DESIGNATION: County Commercial and Urban Low Intensity
ZONING DISTRICT:County B-4W (General Commercial) and R-3W (Urban Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Professional Office/Single
Family Residence
Commercial with
Conservation Overlay/
County Urban Low Intensity
B-3 (Highway
Commercial)/County R-3 (Urban
Single Family Residential)
East Single Family Residence County Urban Low Intensity County R-3W (Urban Single
Family Residential)
South Bar/Restaurant/Single Family
Residence
County Commercial/Urban
Low Intensity
County B-4W (General
Commercial) and R-3W (Urban
Single Family Residential)
West Convenience Store/Gas
Station/Vacant
Commercial/County
Commercial
B-3 (Highway
Commercial/County B-4
(General Commercial)
Background:This property contains a commercial office building constructed in 2007 as well as a vacant parcel to the south,on
which the applicant is proposing to add additional parking.The applicant is also requesting annexation and an amendment to the
Future Land Use Map.The property is within the Interlocal Service Boundary Agreement area mutually adopted by Volusia County
and the City as well as contiguous to the city boundaries.
Land Use Compatibility:The current use of a commercial office (dental)building is compatible with the surrounding area and a
permitted use within the B-3 (Highway Commercial) zoning district.
Adequate Public Facilities:The site has access via Cory Drive. City water and sewer is available to the property.
Comprehensive Plan Compatibility:Per Table III-1 (Land Use and Zoning Compatibility)the Zoning designation of B-3 (Highway
Commercial) is compatible with the Commercial Future Land Use Designation.
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File #:RZ-1605,Version:1
RECOMMENDED ACTION
Motion to send a favorable recommendation to City Council for the amendment to the Official Zoning Map to include 2.98 acres of
land located at 104 S. Cory Drive and the vacant parcel to the south as B-3 (Highway Commercial)
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Subject PropertyParcel: 8412-05-00-1330 & 8538-06-00-0010
Proposed City Zoning:B-3 - Highway Comm ercial
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Date : 5/24/20 16
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This map is for illustrative purposes only. The data represented is provided as a public service for general informationand should not be used for legal, engineering, or surveying purposes. T he City of Edgew ater makes no claims, representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability, or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user of the map. The City of Edgewater disclaims any liability associated with the use or misuse of this map.
Subject PropertyParcel: 8412-05-00-1330 & 8538-06-00-0010
Current County Zoning:B-4W
ZoningAgricultureRT - Rural TransitionalR1 - Single Family ResidentialR2 - Single Family ResidentialR3 - Single Family ResidentialR4 - Multi Family ResidentialR5 - Multi Family ResidentialRPUD-Residential Planned Unit DevelopmentRP - Residential ProfessionalMH1 - Mobile Home ParkMH2 - Manufactured Home
B2 - Neighborhood BusinessB3 - Higway CommercialB4 - Tourist CommercialI1 - Light IndustrialI2 - Heavy IndustrialIPUD - Industrial Planned Unit Development R - RecreationP/SP - Public/Semi-PublicC - ConservationMPUD - Mixed Use Planned Unit DevelopmentSCD/PUD-Sustainable Community Development Planned Unit DevelopmentRetains County Zoning
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County Zoning
A-1
A-2
A-2 (1 )
A-3
A-3 (1 )
A-4
B-2
B-4
B-4 W
B-5
B-5 W
B-6 (1 )
B-7 W
BPUD
C
CW
FR
I-1
I-3W
I-4
MH -1
MH -1 W
MH -2
MH -3
MH -3 (1)
MH -4
MH -5
MH -5 (1)
MH -5 W
MH -6
MH -7 (1)
MH -8
MP UD
PW
R-3
R-3 W
R-4
R-4 (1)
R-4 W
R-6
R-6 W
RA
RA(1 )
RC
RCW
RPUD
RR
RR(1 )