2001-O-12
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ORDINANCE NO. 2001-0-12
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18; BY A1VIENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY AS LOW
DENSITY RESIDENTIAL, COMMERCIAL WITH
CONSERVATION OVERLA YTO.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 GRO'WTH
MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENT AL PROTECTION, THE FLORIDA
DEP ARTMENT OF TRANSPORT A TION AND ANY OTHER
UNIT OF LOCAL GOVERNMENT OR GOVERNlVIENT AL
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.
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), on
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Wednesday, April II, 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 EDGE\V A TER , FLORIDA:
PART A.
AlVIEND:MENT.
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 four (4) to: Amend the
Official Future Land Use Map to include property as Low Density Residential, Commercial and
Conservation Overlay to reflect annexation of property as described in Exhibit 3.
PART B.
PUBLICA TION.
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 (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 adve11isement 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. 2001-0-12
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 LOW
DENSITY RESIDENTIAL, COMMERCIAL WITH
CONSERVATION o VERLA Y 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
MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER lVIANAGEMENT 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.
(j\;lap 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.
TR.\NSMITTAL 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 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
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 ordinanc~ 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
fust reading of this ordinance held on June 18,2001 is as follows:
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AYE NAY
Mayor DonaldA. 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 foilows:
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 i 7 th - 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 EDGEWATEER�,,FFLORIIDDAA
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 December , 2001 under
Agenda Item No. 6-n
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EXHIBIT
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CITY OF EDGEWATER
COMPREHENSIVE PLAN MAP AMENDMENT
(Land Use Map Amendment #4)
I. GENERAL INFORMATION
A. Requested Future Land Use Change:
FromOVolusia County (Urban Low Intensity and Commercial)
ToO Low Density Residential (15.71 acres), Commercial (3.47 acres) with
Conservation Overlay.
B. Applicant: City of Edge water
C. Owner: William Ranken
521 Cornell Avenue
Fort Collins, CO
D. Location: Ranken Subdivision, between US Highway 1 and the Indian River, on
Ranken Drive. It is located in Section 1 and 2, Township 18 South, Range
34 East.
E. Acreage: 19.18 Acres
F. Existing Use of Property: Currently, there are seven (7) single-family dwellings within
the 27 lot subdivision. The two (2) commercial lots along US
Highway 1 are currently vacant.
G. Proposed Use of Property: Low density, single-family residential lots. Two commercial
lots adjacent to US 1 frontage and conservation adjacent to
the Indian River frontage.
H. Parcel Identification Number(s): 8402-00-00-0690 (2.19 Acres)
8402-00-00-0530 (1.28 Acres)
8402-00-00-0720 (.84 Acres)
8402-00-00-0710 (.60 Acres)
8402-00-00-0700 (.54 Acres)
8402-00-00-0730 (.53 Acres)
8402-00-00-0740 (.53 Acres)
8401-00-00-0100 ( 1.12 Acres)
8401-00-00-0110 (.95 Acres)
8401-00-00-0120 (.91 Acres)
8401-00-00-0130 (.96 Acres)
8401-00-00-0150 (.72 Acres)
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8401-00-00-0016 (1.03 Acres)
8401-00-00-0170 (.68 Acres)
8401-00-00-0180 (.67 Acres)
8401-00-00-0012 (1.39 Acres)
8401-00-00-0091 (.65 Acres)
8401-00-00-0090 (1.3 9 Acres)
8401-00-00-0210 (.53 Acres)
8401-00-00-0190 (.53 Acres)
8401-00-00-0200 (.53 Acres)
I. Adjacent Existing and Future Land Uses:
Adjacent Existing Use Adjacent Future Land Use
North Vacant/Single Family Residential Low Density Residential/
Commercial
East Indian River Indian River
South Vacant/Single Family Residential CommerciallMedium Density
Residential/Conservation Overlay
West Vacant (unincorporated Volusia CommerciallHigh Density
County) and Single Family Residential
Residential (Mobile Home Park)
II. ANALYSIS
A. Background: The site is approved for 27 single-family residential lots and two
neighborhood commercial outparcels on US Highway 1 to buffer the
residential from the major arterial roadway. Seventeen of the deep residential
lots have frontage on the Indian River. Currently, seven (7) of the residential
lots have been developed.
B. Land Use Compatibility: The residential subdivision is pre-existing and compatible
with the surrounding residential land uses. The conservation
area along the riverfront will ensure protection of sensitive
areas. The proposed commercial land use is compatible with
the character of the surrounding land uses on US 1.
C. Adequate Public Facilities: Potable water and sanitary sewer have been installed. The
site has access to a major arterial roadway, US Highway 1.
D.
Natural Environment:
The site is composed of single- family residential lots, several
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of which have been developed; the rest remain vegetated with their native plant community. These
vegetative communities include pine flatwoods along U. S. Highway I and the west end of Rank en
Road; coastal scrub to the south of Ranken Road, along the river; and,
oaklhickory/magnolialcabbage palm forest north of Rank en Road, along the river. This parcel may
support gopher tortoise, but due to its thick composition, no significant population would be
anticipated. The pines in this area appear to be large enough to provide potential nesting sites for
bald eagles, but none were observed. The Florida Fish and Wildlife Conservation Commission data
base indicates several bald eagles nests in the vicinity of this parcel, but all are outside of a range
which requires any specific management consideration. The soil suitability is classified as having
low to medium potential for community development, with the exception ofhydraquents along the
shoreline, which are not suited for development.
E. Consistency with Comprehensive Plan: The infill of the residential and commercial
would meet the intent of the objectives in the
Comprehensive Plan. The mix of uses and
conservation of the shoreline demonstrates
innovative planning techniques.
F.
Other Matters:
There are no other issues with regard to the pre-existing
development.
III. STAFF RECOMMENDATION
Staff recommends approval of the Comprehensive Plan Map Amendment of the subject site from
. Volusia County (Urban Low Intensity/Commercial) toLow Density Residential, Commercial and
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 Gounty and City land uses.
3. The proposed designations are consistent with the designations that it currently is
approved for under the County's jurisdiction.
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EXHIBIT A
LEGAL DESCRIPTION
The North 200 feet lying East of that certain highway known and designated as United
States Highway No.1 of Lot Six (6), HEWITTS SQUARETOPVILLE, in Section 12,
Township 18 Sou~ Range 34 East, as per map in Map Book 1, page 160 of the Public
Records of Vol usia County Florida
AND
Lot 4 except the South 200 feet, Lot 5 and 6, except the North 200 feet, all lying East of
U.S~ Highway No.1, ofSquaretopville Subdivision as recorded in Map Book 1, page 160
of the Public Records of Vol usia County, Florida, except a Road right-of-way described
as the Southerly 51.4 feet ofthe Northerly 451.4 feet as measured along the Easterly
right-of-way line of U.S. Highway No. 1 of that part of Lot 6 said Squaretopville .
Subdivision. Containing a total of23.18 acres more or less.
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