2001-O-11
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ORDINANCE NO. 2001-0-11
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18; BY AlVIENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY AS
COMMERCIAL 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 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 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 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.
NOyV, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, 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 of lands located within the City of Edgewater, Florida, be,
and the same is hereby amended by this plan map amendment number three (3) to: Amend the
Official Future Land Use Map to include property as Commercial with Conservation Overlay to
reflect annexation of property as described in Exhibit 3.
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 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. (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. 2001-0-11
AN ORDINANCE OF THE CITY OF EDGEW A TER
AlVIENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18; BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY AS
COMMERCIAL 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 COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEP ARTMENT OF ENVIRONlVlENT AL 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 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.
(lvlap 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).
PARTe.
PUBLIC HEARINGS.
That as a condition precedent to the adoptio~ 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
vveekday 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-1l.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 Volusia Growth Management Commission, Volusia 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 amendments. 163.3184 (3) (a), Fla. Stat. (2000) 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 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 CommissioJ;1, Volusia County, Regional Planning Council, the St.
10hn's River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2000) &
Rule 91-11.011 (3), F.A.C.
PART E.
CONFLICTING ORDINANCES.
. That all ordinances or parts thereof that are in conflict with this ordinance shall be a!ld 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:
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AYE NAY
MaYQr 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 EDGEWATTER, FLORIDA
Donald A. Schmidt -
Mayor
�cL
Rob' 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. F_r.
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EXHIBIT
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CITY OF EDGEW ATER
COMPREHENSIVE PLAN MAP AMENDMENT
(land Use Map Amendment #3)
, I. GENERAL INFORMATION
A. Requested Land Use Change:
From- V olusia County Commercial
To-Corrimercial with a Conservation Overlay
B. Applicant: City of Edge water
C.
Owner:
. Robert Baldanza .
110 Shady Branch Trail
Ormond Beach, FL
Lutheran Church
PO Box 26671
St. Louis, MO 63122-0071
D.
Location:
The property is located in Section 12, Township 18 South, Range 34 East
and fronts U.S. Highway 1. .
E.
Acreage:
13.72 Acres
F.Existing Use of Property: The property is currently vacant.
G. Proposed Use of Property: Commercial Shopping Center
H. Parcel Identification Number(s): 8412-01-00-0060 (4.11 acres)
8412-01-00-0070 (9.01 acres)
8412-0.1-00-0071 (0.60 acres)
I. Adjacent Existing and Future Land Uses:
Adjacent Existing Use Adjacent Future Land Use
North Single Family Residential Medium Density
Residential/Commercial
East Single Family Residential MediUm Density Residential
South Cemetery Public/Semi-Public
West Commercial (Publix Shopping Commercial
Center) and Vacant
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II. ANALYSIS
A. Background: There has been no development activity on this site to date.
B. Land Use Compatibility: The adjacent single-family residential subdivision was
already developed with a large buffer adjacent to this site,
as shown in the attached photographs. The residential
subdivision may also build commercial along U.S.
Highway 1 at some point in the future. There would be no
impacts to the adjacent cemetery to the south or
commercial development west of U.S. Highway 1.
C. Adequate Public Facilities: The site has potable water and sanitary sewer available.
The site has adequate accessibility to a major arterial
roadway, US Highway 1.
D. Natural Environment: The site is undeveloped forested land that supports both
pine flatwoods and coastal scrub communities. These.
communities are subtended by non-hydric, upland soils.
The on-site vegetative communities appear to be suitable
habitat for gopher tortoise but the 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 cop.sideration. The soil suitability is classified
as having mediilm to high potential for community
development.
E. Consistency with Comprehensive Plan: The location of community commercial uses
along major arterials is consistent with the
Comprehensive Plan. There is a large
amount of surrounding residential homes in
the area that could be served by this site.
F.
Other Matters:
There are no other issues with regard to this site.
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III. STAFF RECOMMENDATION
Staff recommends approval of the Comprehensive Plan Map Amendment of the subject site from
V olusia County (Commercial) to Commercial with a Conservation Overlay for the following
reasons:
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. Commercial is consistent with the prior designation that it retained in the County.
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EXIDBIT A
LEGAL DESRICPTION
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oXhat PQ;rUon. of the 8olJ.~h. 300 feet: lying' ''''a.s'terly of u. S.
Highway NQ. 1, U. S. Lot. 7, Se.et.ion 2, Township 1 a Sout:.h.: . ~nge
34 Eii\st and 11 portion of U. S. Lot: 1, SeClt.ion 1, 'l'Qwnship 18
South; ~.~g~ 34 EA.t, ~l~ be~~~ daec~~hed ~B tQ~~OWSt
~a9~nning at tho South$A~~ corner o~ U. s. Lo~ 7, SQQtion 2,
Town$hip 19 South I Range 34 BaQt.J thence S 99- 56' 54- N &long
the lOQuthctr~y line: of t!)e sa.id U. S. Lot 7. a distanoG of 55'0.12
fQet ~o th~' e~Bt.r~ R/W ~ne.o~ U. S. nlqhway 11,'. 158 foot
nigh~ ot N~y &8 nQw ~n1d oue; th.noa N 21' 01' 48ft W .long BAid
Eagt~rly R/W, . ~~$tanoa of 320.83 fe~t, thence ~Qpartini said
.1\1101, N Silo .54' 1-4" E, a d.tete.nOl! of fi.63.80 fliClt to the ~8t.rly
J.~J'l.oe U. s. Lot: 1, Section 1,. 'I'own.hip ~a Sout:h, hng'. 3-4 EaartJ
~ence N 000 35' 00" W., along said Weste.ly H.ne, & 'l;!.zstaAC$ o!
619.lS4 foot: J ~h~I:1l;:1! S 890 54' 3:i" s,. d;tsunc;:. of '0. 00 :feet.;
thenc;:. S OQo 35' 00" E. a d:ill~.nc;:. o~ 348.'.00 ~..t:1 t:hCllnce B 8S'
S!f.1 IllS- E, 0/1 d:Lat./U'loc oJ: 29G99G .cOQU to th-. approxilllAl:Cll lS'hoJ."aUne
o~ ~e W..t6~1~ bank Q~ thll ;rnd:f..n lU.ver North,. f:hence
SQuthe~eterly ~lon9 ~aia shorGline ~h. fo~~ow+ng nLne coUrse. and
distanoe., (11 S 23- 29' ,,- E. a d~s~anc. 0:/:,,129.38 ~eecl th.nc~
(2) S. 3SD.'4J' 17" z, a c1.:1Dt.llnQa of! 90.71 ;l:8at:, alien". (31846'
08' 33-. E. & ,U.tIl1'l.CR of 27.'79 f'QQt:1 thence (~}'S SS' OS. 36'" B;
a die1:anc8 of 56'.14 teat, thence {S) S 7S0 l~' 2S' W, a disbllca
gt U .'2 f'ae1:r 'thene:a (6.1. S OS" .U' 22- El, << d.f.8t:anc.e '0:1:'. 10....'ll
:l!eat:1 t:.hettae .(7) S 240 46' 00" E, lI. di.stano. 01: 151,01 :/:'GUlli:,
thenae '(81 s 39' 32' 231 1f', .. d1.at:ance of 9L47f.et, ~enca (9) .
S .361 l~' 02-~,. di~tanoQ'o:f 6~.6S :fmeC: thence ~eavin9 ~A~d
.hore~ine s. fi80 ~4' 14" 101, . 4J..tanoe of 300.QO 1!'filei:; .'thGnclll S
.215- 0-0' 4.6.~.. . d1.~t:ance Qf 100.00 teetl.t:hl!!ftoe li' 68~ 24' 14" S,
a 4~.~anca' o~ 300.00 ~~e t:Q t~. Qa~a .pp~x~Ata .ho~$~inQ o~
th. %n41an ~v.~ Nor~r thenoe Sou~e..te~ly a~Qng .aid aho:o1tn.
the ~ol~ow~n9 .ix Oourses .nd.d1.8~ane:.. (1) S 22- 0" 13- B~ a
c:!.,i..1:an&::<9: 'ot I.HI.56 ;!..1:J thane::. C.2'.8 2,P 52' 1~- B,'. d~.t:anGO
or 209.38 fQQtJ thence (3) S 33- 10' 12- a~ <<'di*~Anoe o~ 20~.5"
'f..1:, t.hence (4) S 30. S5' 30.' ~,. &.,.U.lltance of 91.98 feet1
ehence (5) S 310 03' 46- E, 4 d1.t~oe or 210.95 faQ~1 theno. (5)
S Jl~ 13' 3!ft ~, 410ng aa1d 8horel~~e. a dis~ance o~ 6.74 feet: to
~e nort:herly line of.' ZClgeWa.t:..=- Landing ~h...a ]" llgc=o~cll.h't to
. plaf: t:.bareoi' .l"lIl!Qcrdad .in .Map Sook ..2. P.0'4* .6S. t:h.i:!ugh 67 o~ th.
Public Reeo.~. o~ Volue!. CQun~y, Flor~dAr 1:h~nce S 6'- ~7' 5~~ K
a10nq .A~d northerlY' l~ne ~ ~dg5wat.. LandLng P~.. 1, .
41. ~Ance o~ 3aS - 24 .' :fee1:, thlllnce N 24. 02 r J.t. W.. a dis1:anQ$ of
71~.29 fQoe, thane:. G 670 ~6' 590 w, a ~~.s~Qg ~ 100.00 t&~~:
1:ha.nce N 26. (11' 3(" W, 4.c1iatanca ct 2.36 fee.t.t 'hhencQ S.68' ~.3'
230 W, A diBtanca of 0.35 teet] ~8nce N 2'0 59' 16..W,~
d.ia1:.a:ncQ of 150'.07 t..t:, thence III 680 301' 46 o~, a distance /)11
O.2.!! ;faa!:, 1;hanc;::. 1'1 260 01. 315" W. a 4iar1;:.&no.. ot :ZO."~ ffll<t1:,
thance S B9. !Hi' 37" W,' a. d.iscanca cf 265. 6'1 ~..1: 1:0 t.he sue!
w..e,u:ly Une .01: q. $. Lot 1, Sec1:ion 1, t:hsnce N' OOG 28' OJ" if
along $ll.iCl Wosterly'. J.;i.no, a 41stnnCle ot 2'60.07 :tllat. 1:0 t:hrll. Point
of BQl91.nning. ''1'O<.lCll::hGr wi th ~CCJl'et:e4 1!lAd lying II a.srl:lIlrly
t.hareol. ..
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