2003-O-06
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ORDINANCE NO. 2003-0-06
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE CERTAIN PROPERTIES
WITHIN THE WASHINGTON PARK SUBDIVISION WHICH
IS LOCATED SOUTH OF 35TH STREET IN FLORIDA
SHORES AS LOW DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR 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 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-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. (2002),
on Wednesday, March 12, 2003, 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 1990 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 1990 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.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be,
and the same is hereby 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.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2002). 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. (2002). The second publication shall appear
at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2.,
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Fla. Stat. (2002). 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 Edge water, and of general interest
and readership in the municipality, not one oflimited 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. (2002). 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. 2003-0-06
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE CERTAIN PROPERTIES
WITHIN THE WASHINGTON P ARK SUBDIVISION WHICH
IS LOCATED SOUTH OF 35TH STREET IN FLORIDA
SHORES AS LOW DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEP ARTMENT 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
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CONFLICTING PROVISIONS AND PROVIDING FOR AN
EFFECTIVE DATE.
Public hearings on the ordinance changing the Future Land Use Map will be held on April 7, 2003
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 "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. (2002).
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 1990
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. (2002). 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,
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Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance with Rule 9J-ll.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 V olusia Growth Management Commission, V olusia 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 oflocal 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. (2002) and Rule 9J-ll.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, V olusia 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. (2002) &
Rule 9J-l1.011 (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.
That 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
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compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance.
PARTG.
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 by Councilman Brown and Second by Councilman Hammond, the vote on the
first reading of this ordinance held on April 14, 2003 is as follows:
AYE NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Myron F. Hammond
x
Councilwoman Harriet E. Rhodes
ABSENT
Councilwoman Judy Lichter
ABSENT
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After Motionby co n ilman Maw nnd—andSecondby r.,,.�„�st�,ema„ xh�d,, ,
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 18th day of August . 2003.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
Robfil-L. 1'latusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this tech
day of August , 2003 under Agenda
Item No. 6-B
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EXHIBIT" A"
LEGAL DESCRIPTION
Carlton C. & Inez Hooks:
Lots 6,7,12 through 15 Inclusive, Block 1, WASHINGTON PARK UNIT 6, Map Book 11, Page
73, Public Records of Vol usia County, Florida (Parcel ID #8414-04-04-0010; 84-04-01-0050; &
8414-04-01-0060).
Harvey Amster:
Lots 6 through 10 inclusive, of Block 3, WASHINGTON PARK UNIT 6, per Official Records Book
11, Page 73, of Public Records of Vol usia County, Florida. (Parcel ID #8414-04-03-0060).
Edmund Amara & Hanna:
All of Block 8, WASHINGTON PARK UNIT 6, according to the map thereof as recorded in Map
Book 11, Page 73, of Public Records of Vol usia County, Florida. (Parcel ID #8414-04-08-0010).
Andrew & Keri Hunt (previously Jerome & Debra Thomas):
Lots 1, of Section 14, Township 18 South, Range 34 East, of TALLAHASSEE MERIDIAN, less
and except WASHINGTON PARK PART 6, in Map Book 11, Page 73, of Public Records of
V olusia County, Florida. (Parcel ID #8414-00-00-0080).
James & Shelley Crowell:
E Yz of NW 10 chains square of lot 2, Sec. 14, Twp 18 S, Rg 34 E otherwise described as, and
intended to be East five chains of West ten (10) chains of the North ten (10) chains of Government
Lot 2 of Section 14, Township 18 South, Range 34 East according to the official Government
Survey, Volusia County, Florida. (Parcel ID #8414-00-00-0040).
Tony Pawlak:
Lots 1,2,3 and 4, Block 1 and Lots 18 to 22, inclusive, Block 1, WASHINGTON PARK, UNIT 8,
according to the plat thereof as recorded in Map Book 11, Page 73, of the Public Records of V olusia
County, Florida. (Parcel ID #8414-04-01-0180 & #8414-04-01-0010).
Morris & Frances Wyman:
Lots One (1) to Twenty-Four (24) inclusive, Block Thirteen (13), WASHINGTON PARK PART
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VI, according to the map thereof as recorded in Map Book 11 at Page 72 of the Public Records of
Volusia County, Florida. (Parcel ID #8414-04-13-0010 & # 8414-04-03-0250).
and
Lots 25, 26 and 27, Block Thirteen (13), WASHINGTON PARK UNIT #6, according to the map
thereof as recorded in Map Book 11 at Page 72 of the Public Records of V olusia County, Florida.
Elias Pachter:
Lots 16 and 17, Block 1, WASHINGTON PARK PART VI, according to the map thereof as
recorded in Map Book 11 at Page 73, of the public records of Vol usia County, Florida. (Parcel ID
#8414-04-01-0160).
Robert Rothman:
Lots 1,2,3 and 4, Block 5, WASHINGTON PARK PART 6, according to the map thereof as
recorded in Map Book 11, Page 73, Public Records of Vol usia County, Florida (Parcel ID # 8414-
04-03-0010).
Samuel Acebal:
Lots 1 thru 22, inclusive, Block 6, WASHINGTON PARK PART VI, according to the map thereof
as recorded in Map Book 11, Page 73, of Public Records of V olusia County, Florida. (Parcel ID
#8414-04-06-0010) .
Jack & Mildred Mishkin:
Lots 1 to 5, inclusive and Lots 18 to 22, inclusive, Block 12, WASHINGTON PARK PART VI,
according to the map thereof as recorded in Map Book 11, Page 73, of Public Records of V olusia
County, Florida. (Parcel ID #8414-04-12-0010).
Map of subject properties are reflected on Exhibit "B" and incorporated herein.
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