2008-O-05
ORDINANCE NO. 2008-0-05
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY LOCA TED EAST OF U.S.
HIGHWAY NO. 1 AND NORTH OF GODFREY ROAD,
EDGEW A TER, FLORIDA; AS COMMERCIAL WITH
CONSERVATION OVERLAY (7.18:t ACRES) AND LOW
DENSITY RESIDENTIAL WITH CONSERVATION
OVERLA Y (22.49:t ACRES), COMPRISING A TOTAL OF
29.67:t ACRES; 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 9J-ll, F.A.C.
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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. (2006), on Wednesday, December 12, 2007, 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 EDGEW A TER , 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 Commercial with Conservation Overlay (7.18 .:!: acres) and Low Density Residential
with Conservation Overlay (22.49.:!: acres) 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. (2006). 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. (2006). The second publication shall
appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184
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(15) (b) 2., Fla. Stat. (2006). 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 placed in a newspaper of general 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. (2006). 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. 2008-0-05
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY LOCATED EAST OF U.S.
HIGHWAY NO. 1 AND NORTH OF GODFREY ROAD,
EDGEW A TER, FLORIDA; AS COMMERCIAL WITH
CONSERVATION OVERLAY (7.18:t ACRES) AND LOW
DENSITY RESIDENTIAL WITH CONSERVATION
OVERLAY (22.49:t ACRES), COMPRISING A TOTAL OF
29.67:t ACRES; 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
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3
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 June 2, 2008 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
incorporated herein as Exhibit HB")
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. (2006).
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. (2006). 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.
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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-I 1.006, 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 a copy of such plan amendment. 163.3184 (3) (a), Fla.
Stat. (2006) and Rule 9J-l 1.006, 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 V olusia 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. (2006) & Rule 9J-I 1.011 (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.
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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 V olusia 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.
PART H. ADOPTION.
After Motion to approve by Councilwoman Rhodes and Second by Councilman Cooper,
the vote on the first reading of this ordinance held on June 2,2008, was as follows:
AYE
NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
x
Councilwoman Gigi Bennington
ABSENT
Councilwoman Harriet B. Rhodes
x
Councilman Ted Cooper
x
During the City Council meeting held on October 6, 2008, second reading of this
ordinance was continued until the November 17, 2008 Council meeting.
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During the November 17, 200S Council meeting, this Ordinance was continued to a later
date to be advertised at that time.
After Motion to approve by ~ and Second by C(1J(lP i I {\'\(\i'\ C DOper,
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Mike Thomas
x
X
X
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
{]Jxen+
Councilman Ted Cooper
x
PASSED AND DULY ADOPTED this ~O-f-h day of July, 2009.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGE , FLORIDA
'~Ov"l)()~
Bonnie A. Wenzel
City Clerk
~~j)
Robin L. Matusick
Paralegal
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
Approved by the City Council of the City of
Edgewater at a meeting held on this dot'''-
day of July, 2009 under Agenda Item No.
siL.
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL #1- COMMERCIAL WITH CONSERVATION OVERLAY:
The following described real property all lying and being in the County of Volusia and State of
Florida.
The West 400 feet of the South 771.3 feet of the North 1731.3 feet, of the Jane Murray Grant, in
Sections 48 and 49, Township 18 South, Range 34 East, lying East ofU. S. Highway No. I and
the West 400 feet of the North 10 feet of Waterway Park, Section No.1, according to the plat
thereof recorded in Map Book 19, Page 263, Public Records of Vol usia County, Florida and also
described as the Westerly 400 feet of the North 10 feet of Waterway Park, Section I, as replatted
in Map Book 19, Page 269, Public Records of Volusia County, Florida. The said Westerly 400
feet of the North 10 feet, being a portion of land lying immediately North of Godfrey Road a 50
foot right-of-way as now laid out, and a portion of the Westerly 400.00 feet, of the Jane Murray
Grant, in Sections 48 and 49, Township 18 South, Range 34 East, lying East of U. S. Highway
No.1 and lying immediately North of the North line of Waterway Park, Section No.1, according
to the plat thereof recorded in Map Book 19, Page 263, Public Records of Volusia County,
Florida and lying South of South line of the North 1731.3 feet of said Jane Murray Grant, all of
the above being more particularly described as follows:
Commence at an intersection of the Easterly right-of-way of U. S. Highway No. 1 with the
Northerly line of the Jane Murray Grant aforesaid, thence S 22E50'41" E, a distance of 960.32
feet along said Easterly right-of-way to the North line of the South 771.3 feet of the North
1731.3 feet of the Jane Murray Grant for the Point of Beginning; thence N 69EOO'39" E along
said North line for a distance of 400.00 feet; thence S 22E50'41" E on a line parallel to the East
line of said U. S. Highway No. I, a distance of 782.77 feet to the North line of said Godfrey
Road; thence S 69E07'57" W along the said Northerly right-of-way line of Godfrey Road, a
distance of 400.03 feet; thence N 22E50'41" W along the said Easterly right-of-way line of U. S.
Highway No. I, a distance of 781.92 feet to the Point of Beginning.
Containing 7.18 acres more or less.
PARCEL #2 - LOW DENSITY RESIDENTIAL WITH CONSERVATION OVERLAY:
The following described real property all lying and being in the County of Volusia and State of
Florida.
The East 1250 feet of the West 1650 feet of the South 771.3 feet of the North 1731.3 feet, of the
Jane Murray Grant, in Sections 48 and 49, Township 18 South, Range 34 East, lying East of U.
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S. Highway No.1 and the East 1250 feet of the West 1650 feet of the North 10 feet of Waterway
Park, Section No.1, according to the plat thereof recorded in Map Book 19, Page 263, Public
Records of V olusia County, Florida and also described as the Easterly 1250 feet of the Westerly
1650 feet of the North 10 feet of Waterway Park, Section 1, as replatted in Map Book 19, Page
269, Public Records of Volusia County, Florida. The Easterly 1250 feet of the Westerly 1650
feet of the North 10 feet, being a portion of land lying immediately North of Godfrey Road a 50
foot right-of-way as now laid out, and a portion of the Easterly 1250 feet of the Westerly
1650.00 feet, of the Jane Murray Grant, in Sections 48 and 49, Township 18 South, Range 34
East, lying East of U. S. Highway No. 1 and lying immediately North of the North line of
Waterway Park, Section No.1, according to the plat thereof recorded in Map Book 19, Page 263,
Public Records of V olusia County, Florida and lying South of South line of the North 1731.3 feet
of said Jane Murray Grant all of the above being more particularly described as follows:
Commence at an intersection of the Easterly right-of-way of U. S. Highway No. 1 with the
Northerly line of the Jane Murray Grant aforesaid, thence S 22E50'41" E a distance of 960.32
feet along said Easterly right-of-way to the North line of the South 771.3 feet of the North
1731.3 feet of the Jane Murray Grant; thence N 69EOO'39" E along said North line for a distance
of 400.00 feet for the Point of Beginning; thence continue N 69EOO'39" E along said North line
for a distance of 1250.00 feet; thence S 22E50'41" E on a line parallel to the East line of said U.
S. Highway No. 1 a distance of 785.43 feet to the North line of said Godfrey Road; thence along
the said Northerly right-of-way lien of Godfrey Road S 69E07'57" W, a distance of 1250.11 feet;
thence N 22E50'41" W along a line parallel to the Easterly right-of-way line of U. S. Highway
No.1, a distance of 782.77 feet to the Point of Beginning.
Containing 22.49 acres more or less.
COMPRISING A TOTAL OF 29.67::t ACRES.
Map of subject property is reflected on Exhibit "B" and incorporated herein.
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