2005-O-22
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ORDINANCE NO. 2005-0-22
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 WEST OF U. S. HIGHWAY
NO. 1 AND NORTH OF CLINTON CEMETERY ROAD,
EDGEW A TER, FLORIDA AS COMMERCIAL AND 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, VOL USIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORT A TION 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.
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. (2003),
on Wednesday, May 11,2005, 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.
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 Commercial and 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. (2003). 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. (2003). 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. (2003). The required advertisement shall be no less than two columns wide by TEN inches
(1 a") 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 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. (2003). 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. 2005-0-22
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 WEST OF U. S. HIGHWAY
NO. 1 AND NORTH OF CLINTON CEMETERY ROAD,
EDGEW A TER, FLORIDA AS COMMERCIAL AND LOW
DENSITY RESIDENTIAL WITH CONSERV A TION
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, VOL USIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENTAL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORT A TION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE PLAN
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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 6, 2005 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. (2003).
PART C.
PUBLIC HEARINGS.
That 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. (2003). 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.
TRANS MITT AL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
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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 91-11.006, 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 V olusia Growth Management Commission, V olusia County, Regional Planning Council, the
St. 10hns 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. (2003) and Rule 91-11.006, 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.
10hns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2003) &
Rule 91-11.011 (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.
That this ordinance shall become effective upon its final adoption; and either the Department
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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.
PARTH. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on June 6, 2005 is as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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After Motion byc2uncilwoman Lichter and Secondby Councilman Brown ,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 Dennis A. Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this I Oth day of October, 2005.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
,.�p
By: c�G�� r
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this I& day
of October, 2005 under Agenda Item No.
6a .
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Parcel relating to Ordinance #2004-0-42 as Low Density Residential:
A parcel ofland being a portion of US Government Lots 1 and 2 and a part of the Northwest 1/4 of
Section 24, Township 18 South, Range 34 East, V olusia County, Florida and being more particularly
described as follows:
Commence at the northwest comer of said Section 24, thence S 00034'36" E, along the west line of
the Northwest 1/4 of said Section 24, a distance of 1400.00 feet; thence N 86018'56" E, a distance
of2556.75 feet to the Point of Beginning of this description to wit; thence continue N 86018'56",
a distance of 1852.35 feet to a point on the monumented and occupied westerly right-of-way line
of U.S. Highway No.1 (a 158.00 foot wide right-of-way) as described in O.R. Book 4708, Page
4301 of the Public Records of Vol usia County, Florida; thence S 22055'51" E, along said westerly
right-of-way line, a distance of21 0.25 feet; thence S 87052'59" W, a distance of318.24 feet; thence
S 22055'51" E, a distance of 688.36 feet to a point on the centerline of a 60.00 foot wide easement
as described in O.R. Book 2067, Page 1758 of the Public Records of Volusia County, Florida
(known as Clinton Cemetery Road); thence S 87053'15" W, along said centerline, a distance of
189.25 feet to a point on the easterly line oflands as described in O.R. Book 5489, Page 3080;
thence N 22055'51" W, along said east line, a distance of 31 0.00 feet to the northeast comer of said
lands; thence S 87053'15" W, along the north line of said lands as described in O.R. Book 5489,
Page 3080, a distance of 221.88 feet; thence S 22038' 21" E, a distance of 19.51 feet; thence S
67004'09" W, a distance of 120.00 feet; thence S 22038'21" E, a distance of244.36 feet to a point
on the aforesaid centerline ofa 60 foot wide easement; thence S 87053'15" W, along said centerline,
a distance of 481.75 feet; thence S 67043'02" W, along said centerline, a distance of 501.80 feet;
thence departing said centerline N 22035' 17" W, a distance of 1 027.10 feet to the point-of-beginning.
Containing 29.20 ::!: acres more or less.
Being subject to a 60.00 foot wide easement for road and utility purposes as described in O.R. Book
2067, Page 1758; and FP&L easement as recorded in O.R. Book 4102, Page 1578; and a 17.0 foot
F.D.O.T. easement as recorded in Deed Book 285, Page 125-126 and O.R. Book 128, Page 278; all
as recorded in the Public Records of V olusia County, Florida, and any other easements and/or rights-
of-ways of record.
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Parcel relating to Ordinance #2004-0-43 as Low Density Residential:
A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast
Railway, a 100 foot R/W, and being more particularly described as follows:
Commence at the Northwest comer of said Section 24; thence S 00034'36" E along the west line of
said Section 24, a distance of 1400.00 feet; thence N 86018'56" E, a distance of3563.38 feet; thence
S 22038'21" E, a distance of627.80 feet to the Point-of-Beginning of this description to wit: thence
continue S 22038'21" E, a distance of 244.36 feet to a point on the centerline of a 60.00 foot wide
easement as recorded in O.R. Book 2067, Page 1758 of the Public Records of Volusia County,
Florida; thence N 87053'15" E along said centerline a distance of 201. 70 feet thence N 22055'51 "
W, along the west line of lands as described in O.R. Book 5489, Page 3080 through 3083 of said
Public Records, a distance of31O.00 feet; thence S 87053'15" W, a distance of71.88 feet; thence
S 22038'21" E, a distance of 19.51 feet; thence S 67004'09" W, a distance of 120.00 feet to the Point-
of- Beginning.
Containing 1.22 acres more or less and being subject to a 60.00 foot road and utility easement as
recorded in O.R. Book 2067, Page 1758 of the Volusia County, Florida Public Records and any
other easements and/or rights-of-ways of record.
TOGETHER with lands described in O.R. Book 5489, Pages 3080-3083 and further described as
follows:
A part of Section 24, Township 18 South, Range 34 East lying Easterly of the Florida East Coast
Railway, a 100 foot R/W, and being more particularly described as follows:
Commence at the Northwest comer of said Section 24; thence S 00034'36" E along the west line of
said Section 24, a distance of 1400 feet; thence N 86018'56" E, a distance of3571.00 feet; thence
S 22055'51" E, a distance of 874.06 feet; thence N 87053'15" E, a distance of 189.25 feet to the
Point-of-Beginning; thence N 87053'15" E, a distance of 150.00 feet; thence N 22055'51" W, a
distance of 310.00 feet; thence S 87053'15" W, a distance of 150.00 feet; thence S 22055'51" E, a
distance of 310.00 feet to the Point-of-Beginning.
Containing 1.00 acres more or less.
The southerly 30 feet as measured at right angles to the Southerly line of the above described
property is reserved for a road and utility easement. Together with the right to use the easement
described below:
Easement - a 60 foot road and utility easement between the Florida East Coast Railway and U.S.
Highway No.1 and being part of U.S. Lot 2 and the Northwest 1/4, Section 24, Township 18 South,
Range 34 East as crosses the attached property, said easement begin that 30 foot strip ofland lying
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each side of a line described as follows: As a point of reference, commence at the Northwest comer
of said Section 24, Township 18 South, Range 34 East; thence S 00034'36" E along the West line
of said Section 24, a distance of2619.48 feet; thence N 87053'15" E, a distance of2258.67 feet to
a point on the Easterly R/W line of the Florida East Coast Railway, a 100 foot R/W; thence N
22035'17" W along the said Easterly R/W line, a distance of 178.45 feet for the Point-of-Beginning;
thence N 89049'38" E, a distance of 289.97 feet; thence N 67043'02" E, a distance of993.68 feet;
thence N 87053'15" E, a distance of 1340.95 feet to the termination of this description on the
Westerly R/W line of the U.S. Highway No.!.
Containing a total of 2.22 i: acres more or less in this parcel.
Parcel relating to Ordinance #2004-0-44 as Commercial:
A parcel ofland lying in Section 24, Township 18 South, Range 34 East, Volusia County, Florida,
being more particularly described as follows:
Commence at the Northwest comer of said Section 24 and run South 00033'52" East along the West
line of said Section 24, a distance of 1,400.00 feet; thence North 86018'56" East, a distance of
4,094.24 feet; thence South 22055'51" East, a distance of 201.03 feet to the POINT-OF-
BEGINNING; thence North 87052'59" East, a distance of318.24 feet to the Westerly Right-of- Way
line of U.S. Highway Number 1 (a 158 foot wide right-of-way); thence South 22055'51" East along
said Westerly Right-of-Way line, a distance of688.39 feet; thence South 87053'15" West, a distance
of 318.25 feet; thence North 22055'51 " West, a distance of 688.36 feet to the POINT OF
BEGINNING.
Containing 4.70 acres of land more or less.
Subject to an Ingress/Egress and Utility Easement over the South 30 feet as described in Official
Records Book 2067, Page 1766 of the Public Records of Vol usia County, Florida.
Subject to a perpetual right-of-way easement for road purposes as described in Deed Book 285, Page
125, portions of which were released per Official Records Book 128, Page 278 inclusive the Public
Records of Vol usia County, Florida.
Total subject area containing 36.07 acres more or less.
Map of subject property is reflected on Exhibit "B" and incorporated herein.
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