2001-O-10
o
o
.
..
,
ORDINANCE NO. 2001-0-10
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, CONSERVATION WITH
CONSERV A TION OVERLAY TO REFLECT ANNEXA. TION;
PROVIDING FOR PUBLICATION; PROVIDING FOR
HOLDING PUBLIC HEARINGS; PROVIDING FOR
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDl\-IENT TO THE FLORIDA DEP ARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGElVIENT 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.
'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 subject to the provisions of Chapter 163, F.S.
and Rule 9J-11, F.A.C.
\VHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
held an advertised Public Hearing pursuant to 163.3164(18) & 163.317 4( 4 ) (a), Fla. Stat. (2000),
#2001-0-10 (#2)
Stl lick tIll ough passages are deleted.
Underlined passages are added.
1
u
o
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 ATER, 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 oflands located within the City of Edge water, Florida, be,
and the same is hereby amended by this plan map amendment number two (2) to: Amend the
Official Future Land Use Map to include property as Public/Semi-Public, Conservation with
Conservation Overlay to reflect annexation of property as described in Exhibit 2.
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 inches (10") long in a standard-size or tabloid-size newspaper, and the
#2001-0-10 (#2)
Stl uck tlllOugh passages are deleted.
Underlined passages are added.
2
<.J
Q
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 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. 2001-0-10
AN ORDINANCE OF THE CITY OF EDGEW ATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18; BY AlVIENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY AS
PUBLIC/SEMI-PUBLIC, CONSERVATION WITH
CONSERVATION OVERLAY TO REFLECT ANNEXATION;
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
J.\tlANAGEMENT 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
ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
#2001-0-10 (#2)
St! uc.k till ough passages are deleted.
Underlined passages are added.
3
<-.J
o
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.
(kJap 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.
TRANS MITT AL 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,
#2001-0-10 (#2)
Stl UGk t!.! ougl. passages are deleted.
Underlined passages are added.
4
(.)
<.)
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendments
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 amendments. 163.3184 (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
Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St.
John's River Water Management District (Water Management District), Florida Department of
j
I
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.
#2001-0-10 (#2)
StlUck through passages are deleted.
Underlined passages are added.
5
Q
(.)
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 Councihnan Brown and Second by Councilman Vincenzi, the vote on the
first reading of this ordinance held on June 18, 2001 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 Coun~ilman Vincenzi and Second by
Councilwoamn Rhodes
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt -L -
Councihnan James P. Brown x
-
Councilman Dennis A. Vincenzi x
-
Councilwoman Harriet E. Rhodes x
-
Councilwoman Judy Lichter x
-
#2001-0-10 (#2)
Stltlck through passages are deleted.
Underlined passages are added.
6
9
L
PASSED AND DULY ADOPTED this 17th day of nece.Aer .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
#2001-0-10(#2)
Stuck-d=agi passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
F , '-'f,(�s � - � , , ,� IC' Robin . Mat I� usick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 17
day of 2001 under
Agenda Item No. 6_11
-
~
Ql
0
t:: ... N M "t It)
~ ~ ~ ~ ~ N
,t:: I
i:i C( C( C( C( C(
0 ... ... ... ... ...
0 0 0 0 0
0 0 0 0 0
N N N N N
(/)
..
c:
Q)
...~E
Q)-"C
..a.c:
; ~ E
~ 'tj) <(
"Cc:a.
wQ)co
'+--;~
o ... Q)
~a.(/)
~E::J
uO-o
Uc:
CO
...J
....
....
~
d~~'
\0 )
y(
~
~
'oe
~
~
~
V-~
~xx
~
~
o
Q
en en
.... ....
= =
IV IV
E E
't:l 't:l
= =
IV IV
E E
ct ct <1z
~ ~
co co
u u
(j) (j)
IV =
OJ co
... E
co
...J (j)
~I
.J' \
A~.
~~cm
M 'I 0..~
LiJ (Q ~~
A~~5~~~ ,
~~~~ -
~~"" ~T? L~ ~
~l~~
;;--;:;
~
r; 1#
~~~ \-
~~./~
,e."""'''
:S. \1
~~An y
Q~~ ~
N~ ~y~~ ~
~ ":ll: ~ ~'-.P'"
. x rN"'f..\ 111 ')(" ~
,v ?~,I,cJ'~~ ;!
l~~
......~ ~
N..... ~ ~I\
~ ~~v.
\ 'Xx~ ~~I
. '-I~ )C[J
~~ N .,.
~ l'.V
1)( X\~ ~ >C00. )0 ~
~ ~ ~ ",y~ 'X
.-JI( )( ~ co :>.i X )<
~ ;;-~~x~
.... y~
'X ')( ,x 'x Xl! ><
)<'}( )(~~
~ >$<<Y
~ x?<>l9<h\(<
~h\(<
~
~
~ x,;xv><
--K
x
CD ,..... co Q) 0 ,... N
~ ~ ~ ~ '7 '? '?
C( C( C( C( C( C( C(
,... ,... ,... ,... ,... ,... ,...
000 0 0 0 0
000 0 0 0 0
N N N N N N N
~
g.rMl~~rU)1r';:1Ic01ra;1r01r';:1rN1rM1~
< ~~~J~~J~~~~~~~
~
<II to
0 en 0 ... N M "t II) ... ...... CIO en 0
t:: 'i' "7 "7 "7 ... "7 "7 I ... ... "7 ~
~ I '? . I
,t:: C( C( C( C( C( C( C( C( C( C( C(
i:i ... ... ... ... ... ... ... ... ... ... ... ...
'- 0 ... 0 0 0 0 0 0 0 0 0 0
0 0 0 0 0 0 0 0 0 0 0 0 0
N N N N N N N N N N N N
~ ~ ~ ,'(;"'1 ~~ @ it:=1 r<<)l @u@8@J
~
Q
<.)
EXHIBIT
2
.<3z
~
'"
~
<:l
~
...,
<:l
<:l
'"
<:l
~
~
~
~
~
~
~
~
~
~
:;;::
~
~
:;;::
~
~
~
~
~
o
u
o
o
CITY OF EDGEW ATER
COMPREHENSIVE PLAN MAP AMENDMENT
(land Use Map Amendment #2)
I. GENERAL INFORMATION
A. Requested Future Land Use Change:
From V olusia County Urban Low Intensity
To - Public/Semi-Public (19.28 acres), Conservation (18.7 acres) with
Conservation Overlay
B. Applicant: City of Edge water
Co Owner: St Gerard's Church
D. Location: 3171 South Ridgewood Avenue
Located between U.S. 1 and the Indian River. Adjacent to developed
Edgewater Landing subdivision (north) and developed Cory Estates
subdivision (south). It is located in Section 12, Township 18 South,
Range 34 East, between U. S. 1 and the Indian River Lagoon.
E. Acreage: 37.98 Acres
F. Existing Use of Property: S1. Gerard's Church and vacant land.
G. Proposed Use of Property: There are no proposed changes to the use of the
property.
H. Parcel Identification Number(s): 8412-03-00-0010 (37.98 Acres)
10 Adjacent Existing and Future Land Uses:
North
Adoacent Existil1 Use
Single Family
ResidentiallCormnercial
Indian River
Single Family Residential
Ad"acent Future Land Use
Medium Density
ResidentiallUrban Low Intensi
Indian River
Volusia County - Urban Low
Intensi /Cornrnercial.
Commercial
East
South
West.
o
o
II. ANALYSIS
A. Background: The western side of the rectangular site has been developed and
currently accommodates St. Gerard's Church. No development has
occurred on the eastern side of the site adjacent to the Indian River
and this side is heavily vegetated.
B. Land Use Compatibility: The semi-public nature of a church is a good
transitional use for both the adjacent residential and
commercial uses.
C. Adequate Public Facilities: The site has access to a major arterial roadway, US
Highway 1. Additionally, the site is currently utilizing
City potable water and sewer services.
D. Natural Environment: The parcel is largely undeveloped with the exception of the
church. Existing vegetative communities include mesic longleaf and slash pine flatwoods
adjacent to U. S. Highway 1 transitioning through scrubby flatwoods ultimately becoming .
a coastal scrub community adjacent to the Indian River Lagoon. V olusia County soil
maps indicate the easternmost end of the parcel contains dredged material that has re-
vegetated and may vary from wet to dry depending on the depth of the spoil. The on-site
vegetative communities appear to be suitable habitat for gopher tortoise but their
somewhat overgrown conditions would not suggest an extensive population occurs. The
longleaf and slash pines in this area appear to be large enough to provide potential nesting
sites for bald eagles, but no nests were observed. The Florida Fish and Wildlife
Conservation Commission database indicates several.bald eagles nests in the vicinity of
this parcel, but all are outside of a range which requires any specific management
consideration.
E. Consistency with Comprehensive Plan: i The existing use of the site is consistent
with the objectives in the Comprehensive Plan: The location of a public gathering place
on an arterial road is a good fit. The continued conservation of the riverfront shoreline
would be beneficial for the natural communities that are present.
F. Other l\tIatters:
If expansion of the church site is pursued, the City should
require that the shoreline be deeded to the City and designated
Conversation to protect the coastal resources, subsequent to
conservation area determination by an expert Biologist.
III. STAFF RECOMMENDATION
Staff recommends approval of the Comprehensive Plan Map Amendment of the
subject site from V olusia County (Urban Low Intensity/Commercial) to Public/Semi-
Public with a Conservation Overlay for the following reasons:
o
o
1. It is consistent with the City's Comprehensive Plan.
2. It is compatible with the surrounding mix of County and City land uses.
3. The proposed future land use category is consistent with the development
currently existing on site.
4. The Conservation Overlay designation will protect the coastal resources along the
. Indian River.
o
v
Legal Description
Lots 1 and 2, BELLA VISTA SUBDIVISION, Unit No.2, as per map recorded in Map
Book 11, page 164, Public Records of V olusia County, Florida, excepting therefrom the
westerly 17 feet dedicated for Road purposes per map of Bella Vista Subdivision filed in
Map Book 10, page 155, and also excepting that Frontage along U.S. Highway No.1
taken for purposes of widening of U.S. Highway No.1; together with any and all riparian
and littoral rights thereto belonging.
. ....