2007-O-07ORDINANCE NO. 2007-0-07
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY COMPRISING 20.28± ACRES
LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF
27Ta STREET, EDGEWATER, FLORIDA AS LOW DENSITY
RESIDENTIAL WITH CONSERVATION OVERLAY;
PROVIDING FOR PUBLICATION, HOLDING PUBLIC
HEARINGS, TRANSMITTING THIS COMPREHENSIVE
PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 9.1-11, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2005),
on Wednesday, November 8, 2006, on the proposed Plan Amendment and following that Public
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Hearing voted and recomm .Jed that the City Council approve the . iresaid Amendment to the
City's 2003 Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER , FLORIDA:
PART A. AMENDMENT.
Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended
and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, and
regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be
amended by this plan map amendment to: Amend the Official Future Land Use Map to include
property as Low Density Residential with Conservation Overlay for property described in Exhibits
"A" and "B".
PART B. PUBLICATION.
Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in
the manner prescribed by 163.3184 (15) (c), Fla. Slat. (2005). The City Council shall hold at least
TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment. The first
publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal
Hearing). 163.3184 (15) (b) 1., Fla. Slat. (2005). The second publication shall appear at least FIVE
(5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2., Fla. Slat.
(2005). The required advertisement shall be no less than two columns wide by TEN inches (10")
long in a standard -size or tabloid -size newspaper, and the headline in the advertisement shall be no
smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the
newspaper where legal notices and classified advertisements appear. The advertisement shall be
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placed in a newspaper of gc ,ral paid circulation in the City of Edge,..aer, and of general interest
and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2005). The advertisement shall
substantially be in the following fo=:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2007-0-07
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY COMPRISING 20.28± ACRES
LOCATED SOUTH OF TWO OAKS DRIVE AND NORTH OF
27-H STREET, EDGEWATER, FLORIDA AS LOW DENSITY
RESIDENTIAL WITH CONSERVATION OVERLAY;
PROVIDING FOR PUBLICATION, HOLDING PUBLIC
HEARINGS, TRANSMITTING THIS COMPREHENSIVE
PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORTATION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will
be held on April 16, 2007 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive,
Edgewater, Florida 32132.
(map for insertion into the advertisement is attached hereto and
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incorporate,. ,erein as Exhibit " B )
The advertisement shall contain a geographical -location map which clearly indicates the area
covered by the proposed ordinance. The map shall also include major street names as a means of
identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Start. (2005).
PART C. PUBLIC HEARINGS.
As a condition precedent to the adoption of this ordinance amending the City's 2003
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held
at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Star. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. The second public
hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day
that the second advertisement is published. 163.3184, Fla. Star. (2005). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PART D. TRANSMITTAL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance with Rule 9J-11.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the
St. Johns River Water Management District, (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit of local government
or governmental agency in the State that has filed a written request with the City of Edgewater for
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a copy of such plan amend nt. 163.3184 (3) (a), Fla. Stat. (2005, .id Rule 9J-11.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the
Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2005) &
Rule 9J-11.011 (3), F.A.C.
PART E. CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART F. EFFECTIVE DATE.
This ordinance shall become effective upon its final adoption; and either the Department of
Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance and certification ofconsistency
from the Volusia Growth Management Commission.
PART G. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
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PART H. ADOP'1. 1N.
Councilwoman Lichter made a motion that we accept/approve Ordinance #2007-0-07 with
all diligence make appropriate arrangements to relocate tortoises that are found on the property even
if the State has not finished their amendments on that subject; Second was made by Councilwoman
Rhodes; the vote on the first reading of this ordinance held on April 16, 2007 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra J. Rogers X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X _
This matter was scheduled to be heard during the July 16, 2007 Council meeting however,
this meeting was rescheduled to July 30, 2007. The appropriate notices/legal advertisements were
placed.
During the July 30, 2007 Council meeting a Motion was made to CONTINUE the second
reading/public hearing until August 13, 2007 by Councilwoman Lichter with Second by Councilman
Vincenzi, Motion approved 4-0 (Councilwoman Rhodes absent).
During the August 13, 2007 Council meeting, a Motion was made by Councilwoman Rhodes
with second by Councilwoman Lichter to Continue the second reading/public hearing until August
20, 2007. Motion approved 5-0.
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A
O
During the August 20, 2007 Council meeting a Motion to approve was made by
Councilwoman Lichter withSecondby Councilwoman Rhodes ,the vote onthe second reading
of this ordinance is as follows:
Mayor Mike Thomas
Councilman Debra J. Rogers
Councilman Dennis A. Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
AYE NAY
x
_Absent
x
x
PASSED AND DULY ADOPTED this 20th day of August, 2007.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Away, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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CITY COUNCIL OF THE
CITY OF EDGEWATE�RFLORIDA
Mi Thomas
Ma r
v LSD L!A ✓.tn hl
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th day
of August, 2007 under Agenda Item No. 7
C-
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
The East Y: of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18 South, Range 34
East, Volusia County, Florida
Containing 20.28 + acres more or less.
Map of subject property is reflected on Exhibit `B" and incorporated herein.
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