2005-O-31
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ORDINANCE NO. 2005-0-31
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 OLD MISSION
ROAD AND NORTH OF MISSION OAKS, EDGEW A TER,
FLORIDA AS MEDIUM DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY AND CONSERVATION;
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 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 Edge water, 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 Medium Density Residential with Conservation Overlay and
Conservation for property described in Exhibits" A" and "B".
PARTB.
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. 2005-0-31
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
CERT AIN PROPERTY LOCATED EAST OF OLD MISSION
ROAD AND NORTH OF MISSION OAKS, EDGEW A TER,
FLORIDA AS MEDIUM DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY AND CONSERVATION;
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 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-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
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.
PARTE.
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.
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 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 Councilwoman Lichter and Second by Councilwoman Rhodes, 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
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PASSED AND DULY ADOPTED this I0' day of October, 2005.
gyp.:'=�.
Susan J. W6dsworth
City ,Clerk
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 GEWATER, FLORIDA
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By:Q
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.
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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.
LEGAL DESCRIPTION RELATING TO ANNEXATION (JONES) ORDINANCE #2005-0-
11:
LEGAL DESCRIPTION (OR BOOK 2450, PG 1863)
PARCEL A:
The following land in V olusia County, Florida:
All of Block "D" except Lot 2 West of Canal and North of Road; that part of Lot I, Block "E" lying
South of Road, except that portion described as follows: Beginning at the Southwesterly comer of
said Lot 1, Block "E", thence Northerly along the Westerly line of said Lot, a distance of 325 feet
to the Point oflntersection of the West line of Lot 1 with the County Road; thence Northerly along
County Road a distance of225 feet; thence Southeasterly 575 feet more or less to the Southeasterly
comer of said Lot; thence Westerly along Southerly line to the Point of Beginning, all being situated
in the JAMES LUPE SUBDIVISION, per Map Book 2, page 33, Public Records of Vol usia County,
Florida.
ALSO:
That part of Lot 5 of the middle 1/3 of the AMBROSE HULL GRANT, according to the map in Map
Book 1, Paged 141, described as follows: Beginning at the Southeast comer of Block "D" of JAMES
LUPE'S SUBDIVISION of the AMBROSE HULL GRANT, thence Southerly on a line being the
extension of the East line of Block "D", a distance of 220 feet; thence Westerly to the Southwest
comer of said Block "D"; thence Easterly along the South line of said Block "D" to the Point of
Beginning, except that part described as follows: Property in Block "D" of the JAMES LUPE
SUBDIVISION, per Map Book 2, Page 33, Public Records of Vol usia County, Florida, described
as follows: Commence at the SE comer of Block "D" of JAMES LUPE SUBDIVISION; thence
Southerly on a line being the extension ofthe East line of Block "D", a distance of220.1 feet; thence
South 67022' West 1223.6 feet; thence North 76032' West 352.26 feet; thence North 22046'20" East
735.77 feet; thence South 67013'40" East 277.66 feet; thence South 22046'20" West 55 feet; thence
South 17020'40" East 10 feet for the Point of Beginning; thence South 17020'40" East 225 feet;
thence South 72039'20" West 133.33 feet; thence North 17020'40" West 225 feet; thence North
72039'20" East 133.33 feet to the Point of Beginning.
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TOGETHER WITH:
LEGAL DESCRIPTION (OR BOOK 2476, PG 1012)
PARCEL "A":
A parcel ofland in the middle of3rd of the AMBROSE HULL GRANT, (said Middle 3rd lying and
being in Section 44, T-17-S; R-33-E and Section 53, T-17-S; R-34-E) and described as follows:
Commence at the Northeast corner of said Middle 3rd; thence Southerly along the East line of the
HULL GRANT 1631.6 feet for the Point of Beginning; thence S 23030' E, 1531.52 feet along the
Easterly line of HULL GRANT; thence S 64042' W. 2331.76 feet; thence N 13026'30" E, 1806.24
feet; thence N 4013' W, 69.25 feet; thence N 65050' E, 1223.63 feet to the Point of Beginning,
Containing 61.56 acres more or less and all being in said AMBROSE HULL GANT;
PARCEL "B":
A parcel ofland in the Middle Third of the AMBROSE HULL GRANT, said Middle Third lying
and begin in Section 44, Township 17 South, Range 33 East and Section 53, Township 17 South,
Range 34 East and described as follows: Commence at the Northeasterly corner of said Middle
Third, thence Southerly along the Easterly line of the AMBROSE HULL GRANT, 1631.6 feet,
thence South 65050' West, 1223.63 feet for the Point of Beginning of the description, thence S 4013'
E, 69.25 feet; thence N 76036' W, 556.56 feet to the Mission Road (Old Turnbull Hammock Road)
thence with the said Road N 22022' E 66.82 feet, thence S 76036' E, 525.49 feet to the Point of
Beginning ofthis description. Subject to an easement over Parcel "B" for road purposes.
PARCEL "C":
A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle
3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8,
Page 125, of the Public Records of V olusia County, Florida, being described as follows: Commence
at the Southeasterly corner of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North
21000'00" West, along the Easterly line of said Block "F", a distance of 1300.00 feet; thence South
69012'53" West, a distance of 1548.04 feet for the Point of Beginning; thence South 21000'00" East,
a distance of281.30 feet; thence South 69012'53" West, a distance of 1548.14 feet; thence North
21001'46" West, a distance of281.30 feet; thence North 69012'53" East, a distance of 1548.29 feet
to the Point of Beginning.
Subject to and together with a 30 foot easement for ingress/egress and utilities described as follows:
A portion of Block "E" and a portion of Block "F", LOVEJOY'S 2ND SUBDIVISION in the Middle
3rd of the AMBROSE HULL GRANT, according to the plat thereof as recorded in Map Book 8,
Page 125, of the Public Records of Vol usia County, Florida being described as follows: Commence
at the Southeasterly corner of Block "F", said LOVEJOY'S 2ND SUBDIVISION; thence North
21000'00" West, along the Easterly line of said Block "F", a distance of 1300 feet; thence South
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69012'53" West, a distance of 1548.04 feet; thence South 21000'00" East, a distance of 125.65 feet
for the Point of Beginning; thence continue South 21000'00" East, a distance of 30.00 feet; thence
South 69012'53" West, a distance of 12.54 feet; thence North 65047'07" West, a distance of 177.69
feet; thence South 69012'53" West, a distance of 1631.58 feet to the Easterly line of Old Mission
Road, as now occupied; thence North 02026'4 7" West, along said Easterly line of Old Mission Road,
a distance of31.61 feet; thence North 69013'32" East, a distance of 1634.07 feet; thence South
65047'07" East, a distance of 177.69 feet to the Point of Beginning.
Containing 110.66 :t acres more or less.
Map of subject property is reflected on Exhibit "B" and incorporated herein.
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