2001-O-13
"
o
Q
ORDINANCE NO. 2001-0-13
AN ORDINANCE OF THE CITY OF EDGEW A TER
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 OVERLAY TO REFLECT ANNEXATION;
PROVIDING FOR PUBLICATION; PROVIDING FOR
HOLDING PUBLIC HEARINGS; PROVIDING FOR
TRANSMITTING UPON ADOPTION THIS SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA
GROWTH MANAGEMENT COMMISSION, THE REGIONAL
PLANNING COUNCIL, 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 v1' establishing future land use designations of
the properties hereinafter described has been duly held in the City of Edge water, 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 subj ect to the provisions of Chapter 163, F.S. and
Rule 9J-ll, 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
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
#2001-0-13
StI uck till Otlgl. passages are deleted.
Underlined passages are added.
o
(J
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 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 number five (5) to: Amend the
Official Future Land Use Map to include property as Low Density Residential, Commercial with
Conservation Overlay to reflect annexation of property as described in Exhibit 5.
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 (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
#2001-0-13
StlUck tluough passages are deleted.
Underlined passages are added.
2
CJ
(J
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. 2001-0-13
AN ORDINANCE OF THE CITY OF EDGEW A TER
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 OVERLAY TO REFLECT ANNEXATION;
PROVIDING FOR PUBLICATION; PROVIDING FOR
HOLDING PUBLIC HEARINGS; PROVIDING FOR
TRANSMITTING UPON ADOPTION THIS SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, THE REGIONAL
PLANNING COUNCIL, 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.
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.
#2001-0-13
StI tick till otlgh passages are deleted.
Underlined passages are added.
3
Q
o
(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.
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-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 Amendments
to the V olusia Growth Management Commission, the Regional Planning Council and to any other
#2001-0-13
Stl uck tlllOUgh passages are deleted.
Underlined passages are added.
4
o
o
unit of local 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-l1.006, 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 ofthis
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 and the Regional Planning Council, 163.3184
(7), Fla. Stat. (2000) & Rule 9J-l1.011 (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.
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.
#2001-0-13
Stl uck thlOUgh passages are deleted.
Underlined passages are added.
5
o
o
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:
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 ~ Db and Second by ~ (7 & I/~,
the vote on the second reading of this ordinance was as follows:
AYE NAY
Councilman James P. Brown
L
.~
----L
Mayor Donald A. Schmidt
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
A- hst',,, +
Councilwoman Judy Lichter
y..
#2001-0-13
StIUck tluotlgh passages are deleted.
Underlined passages are added.
6
U
s❑
PASSED AND DULY ADOPTED this .5 day of IQ=fz G , 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
#2001-0-13
Sevek llevegl passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEWAA�Tj(lER, FLORIDA
By4�S�
Donald A. Schmidt
Mayor
�7►a��b J1/ t 11�J1,t�lL`-t�
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater,,a meeting held on this sS1%
day of 2001 under
Agenda Item No. 6.
(J
(.)
CITY OF EDGEWATER
COMPREHENSIVE PLAN MAP AMENDMENT
(Land Use Map Amendment #5)
I. GENERAL INFORMATION
A. Requested Future Land Use Change:
From-Volusia County (Urban Low Intensity)
To-Low Density Residential (7 acres), Commercial (1.2 acres) with
Conservation Overlay
B. Applicant: City of Edgewater
C. Owners: The multiple owners are identified below with the Parcel ill numbers.
D. Location: The site is identified as Palm Breeze Subdivision on Palm Breeze Drive. It is
located in Section 2, Township 18 South, Range 34 East and extends between
U. S. 1 and the Indian River.
E. Acreage: 8.26 Acres
F. Existing Use of Property: Currently, there are 18 single-family homes developed
within the 26 lot subdivision. The commercial lots have
not been developed.
G. Proposed Use of Property: The proposed use of the property is a mixed use
subdivision with low density residential homes closer to the
river and neighborhood commercial parcels serving as a
buffer to US Highway 1.
H. Parcel Identification Number(s):
8402-00-00-0250 (.61 Acres) Betty Brooks - 106 Palm Breeze Drive, Edgewater, FL
8402-00-00-0251 (.28 Acres) David & Lorraine Cevasco- 105 Palm Breeze Dr, Edgewater, FL
8402-00-00-0257 (.28 Acres) David & Lorraine Cevasco- 105 Palm Breeze Dr, Edge.water, FL
8402-00-00-0252 (.28 Acres) Wm. & Patricia Cattafesta- 19 Forrest Dr., Turnersville, NJ 08012
8402-00-00-0258 (.28 Acres) Donald Midland- 111 Palm Breeze Dr., Edgewater, FL
8402-00-00-0253 (.32 Acres) Vernon & Dorothy Goodrich-l13 Palm Breeze Dr, Edgewater, FL
8402-00-00-0330 (.29 Acres) Floyd & Amanda Anders- 115 Palm Breeze Dr, Edgewater, FL
8402-00-00-0310 (.32 Acres) George & Patricia Balasko- 119 Palm Breeze Dr, Edgewater, FL
8402-00-00-0320 (.59 Acres) Catherine Brunner, Etal- 121 Palm Breeze Dr, Edgewater,FL
8402-00-00-0270 (.71 Acres) Arlene Jewett, Trustee- 123 Palm Breeze Dr, P.O. Box 405,
Raymond, NH 03077
(.)
o
8402-00-00-0280 (.55 Acres) Alva & Evelyn Lewis- 127 Palm Breeze Dr, Edgewater, FL
8402-00-00-0383 (.41 Acres) Stuart & Liann Winkler- 129 Palm Breeze Dr, Edgewater, FL
8402-00-00-0381 (.33 Acres) Steven & Christine Pruski- 128 Palm Breeze Dr, Edgewater, FL
8402-00-00-0350 (.29 Acres)Walter & Bonnie Kuchar- 114 Palm Breeze Dr, 1425 Deer Lake
Circle, Apopka, FL 32712-2942
8402-00-00-0360 (.30 Acres) Steven Schimpf- 112 Palm Breeze Dr, Edgewater, FL
8402-00-00-0370 (.27 Acres) Garland & Peggy Young- 110 Palm Breeze Dr, Edgewater, FL
8402-00-00-0256 (.23 Acres) William & Betty Brooks- 106 Palm Breeze Dr, Edgewater, FL
8402-00-00-0259 (.22 Acres) Earl & Carolyn Hardon- 104 Palm Breeze Dr, Edgewater, FL
8402-00-00-0255 (.46 Acres) Margaret Daniel- 102 Palm Breeze Dr, Edgewater, FL
8402-00-00-0254 (.22 Acres) Margaret Daniel- 102 Palm Breeze Dr, Edgewater, FL Vac. Land
8402-00-00-0261 (.22 Acres) Norman Daniel- 102 Palm Breeze Dr, Edgewater, FL, Vac. Land
8402-00-00-0262 (.21 Acres) Norman Daniel- 102 Palm Breeze Dr, Edgewater, FL, Vac. Land
I. . Adjacent Existing and Future Land Uses:
Adjacent Existing Use Adjacent Future Land Use
North Single Family Residential (Mobiie High Density Residential
Home Park)
East Indian River Indian River
South Vacant Commercial/Low Density
Residential
West Vacant CommerCial
II. ANALYSIS
,
A. Background: The site has been approved by the County for 26 lots. Dfthe 2610ts, 24 lots
have been annexed into the City and are proposed for a land use amendment
in this package. The majority of the lots have already been developed as
single-family residential homes.
B. Land Use Compatibility: . The land use designation proposed is compatible with
. surrounding residential and commercial uses.
c. Adequate Public Facilities: All public infrastructure is in place and currently serving the
Tesidential subdivision. The site has access to a major
arterial, US Highway 1.
D. Natural Environment: The parcel is composed of an assortment of largely built out
sfugle-family residences. Soils are mapped as upland sands, which appear to have historically
supported coastal scrub vegetative communities. With exception of the southern most portion of
o
o
these residential lots, this amendment parcel supports no native vegetative communities, nor does it
support habitat for any protected plant or animal species.
E. Consistency with Comprehensive Plan: The ~ll of the residential and commercial
parcels would meet the intent of the Comprehensive Plan objectives. The mix of uses demonstrates
the use of an 'innovative planning technique.
F.
Other Matters:
There are no other issues with regard to this pre-existing
. development.
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 Low Density Residential, Commercial,
and Conservation Overlay for the following reasons:
1. It is consistent with the City's Comprehellsive Plan.
2. It is compatible with the surrounding ~ of County and City land uses.
3. The proposed designations are consistent with the designations that it currently is
approved for under the County's jurisdiction.
o
,'"0
EXHIBIT "A"
LEGAL DESCRIPTION
A ~or~ion of U. S. Lots 6and'7, section" 2, Township 18 South;
Range 34 East and accretions. easterly thereof and a parcel of land
being a portion of Section 1, and land easterly of Section 1 an~
section 2, Township 18'. South; Ran'ge 34 East and being, more
particularly described as follows:
. .
. . . '.
:BEGINNING.at the point of intersection "of the 'southline of U~ S.
. Lot 6;. section 2, Township 18 South; Range 34 East and the easterly
R/W of u. s" Highway No.1; thence N 26041'40'" W along, said
easterlY'RjW of U. S . Highway No. 1 a distance. of 140.00 feet;
thenc~ N 77009'50" "E~ a' distance of 1045~78 feet; thence.N
64041'20uE, a distance of 209.00 feet; thence S 25018'40"E, ,a
distance 6f .396.55 feet; ~hence N 64041'~~u E, a distancebf 24~68
f.eetithence S: 23034'38uE," a r;1istance of 112.,:1,5' feet; thence. S
64041.'20" W, a distanc,e of 247.62 feet,. thence N 000.12 '.40" It,.. a
distance o"f 119.98 feeti thence~N 25018'40" .W, a distance o"f 3.87
feet;. themce s. 64041'2q" W; a distance of... 25. 00' feet . to the
centerline of Palm" Breeze. Drive, -thence N 25018'40" W,' along said
c:::enterline," a distance of'188.95' feet;."thence S .85012'50" Walong
said cente~line' of 'P.l~ ~reeze D~iv~, 'a "distance of 97:34 t~~t;
thence S 04047'10" ~, a distance of 167.14 feet to.the southerly
line ofs~id.U~S. Lot 6; thenc~'S 89056'4011. E ~long sa~d s6htherly
line, a' 'distance of .138.06 feet; thence S" 00003' 20". W," a" distance'
of ..t20~00. feet; then~e N 89'056'40" W, a distance of 120."00".,feet;
thence.. N 00003'2011. E, a distance of 120.00' feet to' .the said
"so~therly 'line of U. S. Lot 6;. thence.N 89:056'40" W,. along' sala
. s6utherly line, ~ distahce 6f.349..23 feet; ~hende S'79007'29" W, ~
distance of 77.75 feeti, thence N 12"050'10" .W, a distance of..'117.95
f~et;'thence S.77009'5,O"W, a distance' of 85..45. feet; thence':s
12050'10"E, a .distance'of 115.04 .f.eet{ thence S 79006'56u..W,. a"
distance .C?f 430.53 feet to. the said easterlY'R/W of U. S~ Highway.
No.1; thence.. N 26041'40'! .wi a long said easterly RjW, a dis"tance
of 126..18 feet to the Point of .beginning.'contairiing 9.15 acres
more or less. "
A~
~ ~~\~~
~ J~~
~~nf(L ~Crel~
~ In ..........---./" V UJ
. '- ~~\:: ~ co
..Ii IN ~tr ~
~~Y \ .-1~
/~ ~~~~.%
~~- -d ~~?
.~
..-'( ':'Y
~ O.:.C~O ~
N ~U
:I' \...X .... ~
~?SJ ~ ~~~ ~lF"
~~ ~ ~ ~ 0i0"'lI,p-
,./< IN'J.. \ ' , W X -;'1
, q. ~)~ ~ M }:J
~~$~~ ~~
,",VV'lWo"'" \.... ~ ~)( K..:l
~ \9~ '\~ ~f\
rn1 't q~
\ '?>Ul'~
~~ ~
.ICX Xl ~J
'~4".~ V
~ )(~~)( ~
~'\ 'Jl' Y .)( X
~X ~ J~.~&
~ ~XX\t.X'>l"X.x)1.'X~
XX~ y)(
~><)( ~
~X)(
)( ><x en i( )( 0-x
~~
X~
~
~
~
xxyV'VVV
!l
C
Q)
.... ~ E
Q)-'C
~a.C
CO Q) Q)
~ > E
Q) .- .A
0')(1).....
'CCo.
WQ)~
....-;~
o .... Q)
~o.(I)
~E::J
UO'C
U r:::
~
...J
"'
"'
~,s\,
~.
d ~ ,\
\CD
y
~
'"
~
~
~
~
~
U
I::
t1l
,I::
'6
d 0 0 0
000
N N N
...
( '\
.""
Ul Ul
... ...
c: c:
CV CV
E E
'0 '0
c: c:
CV CV
E E
~ ~
~ ~
~ ~
U u
en en
CV =
Cl ~
~ E
...J en
<::lz
~I
~
~
-j;-:\\
X~~
~
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
9 9 9 9 9 9 999 9 9 9
,... .... .... .... ,... ,... ....
000 0 000
0000000
N N N N N N N
,.. ,..
o 0
0'0
N N
~
~rM1~~r'U)1~ra;1rO;1r01~rN'1rM11.;"1
~ ~~~~~~~~~~~~
~
~ <D
0 en 0 ,.. N M "'l' III ,.. ~ co en 0
I:: ,. ";" ";" ,.. ,.. ,.. ";" I ";" ,.. ,.. N
t1l I I I 9 I I I
,I:: 9 9 9 9 9 9 9 9 9 9 9
'6 ,.. ... ... ,.. ,.. ,.. ,.. ,.. ,.. ,.. ,.. ...
C5 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
=II: !;:'1 cmrM1!~ ~~ ~ em w[[l[EJ@
0.
~
.' <jz
~
~
~
~
~
~
~
~
~
\Q
:::t:I::
'N
~
~
~
~
~
~
~
f}
.~
o
o
Q
~
~
~
~
~
~
" <1z
"
ct
<::>
<::>
<::>
.....
<::>
<::>
.....
<::>
~
~
~
~
~
~
~
Jj
'-...:...
lr)
=+l::
~
~
~
~
~
~
~ \
~
~
~
()
C)