2007-O-05ORDINANCE NO. 2007-0-05
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 79.18± ACRES
LOCATED SOUTH THE TAYLOR ROAD AND GLENCOE
ROAD INTERSECTION, 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
ofthe property hereinafter described has been duly held in the City of Edgewater, Florida and at such
hewing, 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 9J-11. F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
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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 Hearing
voted and recommended that the City Council approve the aforesaid 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 ofthe City ofEdgewater'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. Stat. (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. Stat. (2005). The second publication shall appear at least FIVE
(5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2., Fla. Stat. (2005).
The required advertisement shall be no less than two columns wide by TEN inches (10") long in a
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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 placed in a
newspaper ofgeneral paid circulation in the City of Edgewater, 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 form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance
ORDINANCE NO. 2007-0-05
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 79.18± ACRES
LOCATED SOUTH OF THE TAYLOR ROAD AND GLENCOE
ROAD INTERSECTION, 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
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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, 102N. Riverside Drive, Edgewater,
Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein 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. Stat. (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. Stat. 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. Stat. (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,
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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
a copy of such plan amendment. 163.3184 (3) (a), Fla. Stat. (2005) and 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. Star. (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 of consistency from the Volusia
Growth Management Commission.
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0
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.
PART H. ADOPTION.
After Motion to approve by Councilwoman Lichter and Second by Councilman Vincenzi, 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 Councilman Vincenzi with Second by
Councilwoman Rogers, Motion approved 4-0 (Councilwoman Rhodes absent).
During the August 13, 2007 Council meeting, a Motion was made by Councilwoman Lichter
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CO
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with second by Councilwoman Rhodes to Continue the second reading/public hearing until August
20, 2007. Motion approved 5-0.
During the August 20, 2007 Council meeting a Motion to approve was made by
Councilwoman Lichter withSecondby councilwoman Rhodes ,the vote on the 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
ABSENT
x
x
TED this 20th day of August, 2007.
CITY COUNCIL OF THE
CITY OF EDGEWAT ORIDA
By w—
t e homas
Mayor
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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7
�C
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
A
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
U. S. Lot 1, and a portion of U. S. Lot 2 and U. S. Lot 7, Section 6, Township 18 South, Range 34
East, Volusia County, Florida being described as follows:
For a Point of Beginning, commence at the northeast corner of said Section 6, said point being
marked by a 4" x 4" concrete monument with "St. Regis" etched on the side; thence South 0002 F00"
West, along the east line of said Section 6, a distance of 4167.45 feet to the southeast comer of said
U. S. Lot 7; thence South 88e53'49" West, along the south line of said U. S. Lot 7, a distance of 50.01
feet; thence North 18034'33" West, a distance of 2280.61 feet to a 4" x 4" concrete monument with
an iron rod; thence North 53e37'44" West, a distance of 727.93 feet; thence North 73e08'10" East,
a distance of 47.17 feet; thence North 61018'40" East, a distance of 1000.00 feet; thence North
28041'20" West, a distance of 500.00 feet; thence South 61 ° 18'40" West, a distance of 1000.00 feet;
thence South 28041'20" East, a distance of 448.92 feet; thence South 73008'10" West, a distance of
73.33 feet; thence North 28°47'43" West, a distance of 574.76 feet to a 4" x 4" concrete monument
with an iron rod; thence North 00049'43" East, a distance of 1002.14 feet to the north line of said
Section 6; thence North 88055'28" East, along said north line of Section 6, a distance of 1700.30 feet
to the Point of Beginning.
and
The West 50 feet of the East 300 feet of SW 1/4 of the SW 1/4 of Section 36, Township 17 South,
Range 33 East, lying South of the existing County Road (exact South R/W to be established by
Volusia County Engineering Department by construction of paved road).
Containing 79.18 ± acres more or less.
Map of subject property is reflected on Exhibit "B" and incorporated herein
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