2005-O-30
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ORDINANCE NO. 2005-0-30
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
#1 AND NORTH OF JONES FISH CAMP ROAD,
EDGEW ATER, FLORIDA AS HIGH 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 VOL USIA
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 ofthe 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. (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 High Density Residential with Conservation Overlay for property
described in Exhibits "A" and "B". There will be no residential dwelling units located within the
Coastal High Hazard Area portion of the amendment area.
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
(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 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. 2005-0-30
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
#1 AND NORTH OF JONES FISH CAMP ROAD,
EDGEW ATER, FLORIDA AS illGH 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, THEVOLUSIA
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 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, 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 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. (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.
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
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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. (2003) and Rule 9J-l1.006, 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. (2003) &
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
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance and certification of consistency
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from the V olusia Growth Management Commission.
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 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
After Motion by Councilman Brown
and Second by Councilwoman Lichtetf1e 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
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PASSED AND DULY ADOPTED this 10' 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 & Lardney LLP
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
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 106 day
of October, 2005 under Agenda Item No.
6 F.
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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.
Lot 15, 16,26,27 and the Easterly 100' of Lot 25, RIVERFRONT ESTATES, Unit No.2, as
recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida.
The South 100' of Lot 6, RIVERFRONT ESTATES, as recorded in Map Book 19, Page 18 of the
Public Records of V olusia County, Florida. Together with any riparian rights appertaining thereto.
Lots 13 and 14, RIVERFRONT ESTATES, Unit No.2, a Subdivision according to map thereof
recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida. (Bearings
refer to RIVER PARK MOBILE HOME COLONY SECTION 2, Map Book 32, Page 107 and based
on the North line of Indian River Drive as N 68044'20" E).
Lots 28,31,32,35 and 36, RIVERFRONT ESTATES, Unit No.2, as Recorded in Map Book 19,
Page 31 of the Public Records of V olusia County, Florida, and filled land lying East of said Lot 36,
together with, any and all accretions, riparian and littoral rights appertaining thereto.
EXCEPTING THEREFROM:
A parcel ofland in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES,
Unit No.2, as recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida,
described as follows: Begin at the S.W. Corner of Lot 35, RIVERFRONT ESTATES, Unit No.2
as recorded in Map Book 19, Page 31 of the Public Records of Volusia County, Florida; thence
along the Westerly line of said Lot 35, on an assumed bearing run N 22044'32" W, 319.82 ft; thence
N 69016'01" E, 633.63 ft, to a Point on the existing shoreline of the Indian River North; thence along
the meanders of said shoreline the following courses and distances, S 11051'56" E, 50.58 ft; thence
S 04022'24" E, 62.38 ft; thence S 35002'40" W, 52.93 ft; thence S 02035'13" W, 88.75 ft; thence S
56049'20" E, 35.84 ft; thence S 16014'06" E, 50.88 ft; thence S 20024'24" E, 23.6 ft; to a Point on
the South line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot
35, S 69046'32" W, 535.15 ft to the Point of Beginning. Together with any and all accretions,
riparian and littoral rights appertaining thereto.
Containing 30.01 :!: acres more or less.
Map of subject property is reflected on Exhibit "B" and incorporated herein.
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