2001-O-09
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ORDINANCE NO. 2001-0-09
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 PROPERTY AS
PUBLIC/SEMI-PUBLIC WITH CONSERVATION OVERLAY
TO REFLECT ANNEXATION; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEP ARTMENT OF COMJVIUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOL USIA.
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEP ARTMENT 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 ORDINA1~CES; AND PROVIDING 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 establishing future land use designations
of the properties 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 establishment of the
future land use designations were heard; and
.WHEREAS, such amendments are permitted subjectto 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,
held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2000),
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on Wednesday, April 11, 2001, on the proposed Plan Amendments and following that Public
Hearing voted and recommended that the City Council approve the aforesaid Amendments 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 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 ofthe City of Edge water,
Florida regulating and restricting the use of lands located within the City of Edgewater, Florida, be,
and the same is hereby amended by this plan map amendment number one (1) to: Amend the
Official Future Land Use Map to include property as Public/Semi-Public with Conservation Overlay
to reflect annexation of property as described in Exhibit 1.
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. (2000). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan
Amendments. The first publication shall appear at least SEVEN (7) days before the first Public
Hearing (Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2000). The second publication shall
appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15)
(b) 2., Fla. Stat. (2000). The required advertisement shall be no less than two columns wide by TEN
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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 Edge water, 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. (2000). 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. 2001-0-09
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18, BY AlVIENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY AS
PUBLIC/SElVII-PUBLIC WITH CONSERVATION OVERLAY
TO REFLECT ANNEXATION; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING TillS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEP ARTMENT OF COlVIMUNITY 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 TRANSPORTATION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY THAT HAS REQUESTED A
COPY OF THE PLAN AMENDMENT; PROVIDING FOR
CONFLICTING ORDINANCES; AND PROVIDING AN
EFFECTIVE DATE.
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A public hearing on the ordinance changing the Future Land Use Map will be held on June 18,2001
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 "A '')
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. (2000).
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. (2000). 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 Amendments 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-11.006, F .A.C. The City Manager or his designee shall also,
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immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendments
to the V olusia Growth Management Commission, V olusia County, Regional PlaIll1ing 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 amendments, 163.3 184 (3) (a), Fla. Stat. (2000) 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 Amendments 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 Amendments to the Comprehensive Plan to the
V olusia Growth Management Commission, V olusia County, Regional PlaIll1ing 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. (2000) &
Rule 9J-11.011 (3), F.A.C.
PART E.
CONFLICTING ORDINANCES.
That all ordinances or parts thereof that are in conflict with this ordinance shall be and the
same are hereby rescinded and repealed,
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 these Comprehensive Plan Amendments in
compliance, or the Administration Commission entering a final order finding that these
Comprehensive Plan Amendments have been brought into compliance.
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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 Councilman Brown and Second by Councilman Vincenzi, the vote on the
fIrst reading of this ordinance held on June 18,2001 is as follows:
cJ1>
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 Vincenzi
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 17th day of December , 2001.
ATTEST:
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 EDGEW/JATTER, FLORIDA
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th
day of 2001 under
Agenda Item No. 6-a
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EXHIBIT
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CITY OF EDGEWATER
COMPREHENSIVE PLAN MAP AMENDMENT
(Amendment # 1 )
I. GENERAL INFORMATION
A. Requested Future Land Use Change:
From - V olusia County - Urban Low Intensity
To - Public/Semi-Public with Conservation Overlay
B. Applicant: City of Edgewater
C. Owner: Daytona Beach Community College
PO Box 1111
Daytona Beach, FL 32115-1111.
D. Location: 940 Tenth Street. The property is located north of Park Avenue and west
of the Florida East Coast (FE C) railroad right-of-way. It is located in
Section 30, Township 17 South, Range 34 East, at the northern limits of
the City of Edge water, south of lOUt Street and east of Tatum Road.
E. Acreage: 85.39 Acres
F. Existing Use of Property: The parcel is partially.deveioped as a college campus,
Daytona Beach Community College, with accessory uses.
G. Proposed Use of Property: Expansion ofth,e Daytona Beach Community College
campus.
H. Parcel Identification Number(s): 7430-00-00-0100 (85.39 Acres)
1. Adjacent Existing and Future Land Uses:
Adjacent Existing Use Adjacent Future Land Use
North Vacant (City of New Smyrna Beach) High Density Residential
East Vacant Planned Industrial Development
South Vacant (partially unincorporated Planned Industrial Development and
V olusia County) Urban Low Intensity
West Vacant and Residential Urban Low Intensity
(unincorporated V olusia County)
II. ANALYSIS
A. Background: The college campus property currently retains a Volusia County land use
designation of Urban Low Intensity. The adjacent college structure was
built in 1988. There are some accessory structures for the campus also
present.
B. Land Use Compatibility: There are no land use compatibility issues because the
proposed use of the property is to expand the pre-existing
development. The majority of the land surrounding the
campus is currently vacant. There is a large buffer between
the current college and the single-family residential land to
the west.
C. Adequate Public Facilities: The site has water and sewer infrastructure in place. There
is also adequate access from 10th Street. There is no
proposed change that would increase the LOS demand at
this time.
D. Natural Environment: The parcel is largely undeveloped, with the Daytona Beach
Community College campus occupying the northeast
portion of the site. The existing natural communities have
been previously impacted by clearing and by extreme fire
conditions and include scrubby flatwoods, longleaflslash
pine flatwoods, mesic flatwoods, wet prairie and mixed
forested wetlands. The flatwoods and scrubby flatwoods
communities have a low potential for, occurrence of gopher
tortoise with the longleaf and/or slash pines on this parcel
appear to be large enough to provide potential nest sites for
bald eagles. The Florida Fish and Wildlife Conservation
Commission has recorded the presence of an abandoned
nest of a bald eagle along the western boundary of this
parcel. This nest has not recorded activity since 1996 and
only limited management considerations would be required
by the FFWCC to further develop this site. The soil
suitability is classified as having medium potential for
community development.
E. Consistency with Comprehensive Plan: Expansion of this college site would be
consistent within the City's infill objectives
and further the educational objectives in the
Comprehensive Plan.
F.
Other :Matters:
Redevelopment of the site would require conformance to the
current City of Edgewater Land Development Regulations.
III. STAFF RECOMMENDATION
Staff recommends approval of the Comprehensive Plan Map Amendment of the subject site from
V olusia County Urban Low Intensity to Public/Semi-Public with a Conservation Overlay for the
following reasons:
1. The proposed future land use category would be consistent with the type of development
currently existing on the annexation parcel.
2. It is consistent with the City's Comprehensive Plan.
3. It is compatible with the surrounding mix of County and City land uses.
4. Expansion of the site would increase the educational industry in the City and create
additional jobs.
5. The level of service on 10th street and the City's ability to provide additional water and
sewer capacity are adequate to accommodate additi6nal growth in this area.
EXHIBIT A
LEGAL DESCRIPTION
LEGAL DESCRIPTION
Government Lots 4 and 5, Section 30, Township 17 South, Range 34
East, Volusia County, Florida, except that portion described in
Deed Book 576, Page 233, of the Public Records of VolusiaCounty,
Florida, as follows:
Commence at the NW corner of US Lot 5, Section 30, Township 17
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South, Range 34 East; run thence South on the West line of said Lot
5, 260.5 feet for the Point of Beginning; thence South on said West
line of Lot 5, 1059.5 feet to the SW corner of said Lot 5; thence
East on the South line of Lot 5, 406.7 feet; thence N 21 degrees W,
1134.9 feet toth~ Point of Beginning; being part of US Lot 5,
.Section 30, Township 17 South, Range 34 East.