2001-O-19
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ORDINANCE NO. 2001-0-19
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 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.
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 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
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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 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 oflands located within the City of Edge water, Florida, be,
and the same is hereby amended by this plan map amendment number 11 to: Amend the Official
Future Land Use Map to include property as Low Density Residential to reflect annexation of
property as described in Exhibit 11.
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
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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. 2001-0-19
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 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.
(Map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit "A '')
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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 91-11.006, 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
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
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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-l1.0 11 (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.
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PART H. ADOPTION.
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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:
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt '/-.
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Councilman James P. Brown ~ -
Councilman Dennis A. Vincenzi 1-
Councilwoman Harriet E. Rhodes A-Io$enf
Councilwoman Judy Lichter --1-
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PASSED AND DULY ADOPTED this _ C day of P-e� , 2001.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to forth and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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CITY COUNCIL OF THE
CITY OF EDGEWATTEER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L
. atusrck �
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this V-
day of to �,..,..L.► 2001 under
Agenda Item No.
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CITY OF EDGEWATER
COMPREHENSIVE PLAN MAP AMENDMENT
(Land Use Map Amendment #11)
I. GENERAL INFORMATION
A. Requested Future Land Use Change:
From - V olusia County (Urban Low Intensity)
To - Low Density Residential
B. Applicant: City of Edgewater
C. Owner: Duane Houser
D. Location: The property is located at the southwest corner of the intersection of Pine
Dale Road and SR 442. It is located in Section 3, Township 18 South,
Range 34 East.
E. Acreage: 1.67 Acres
F. Existing Use of Property: The site supports a single-family residence.
G. Proposed Use of Property: The use of the property is not proposed to change.
H. Parcel Identification Number(s): 8438-01-00-0121 (1.67Acres)
I. Adjacent Existing and Future Land Uses:
Adjacent Existing Use Adjacent Future Land Use
North Volusia County - Vacant/Forested Volusia County - Urban Low
Land Intensity
East Low Density Residential (Florida City - Low Density Residential
Shores Subdivision)
South V olusia County - Residential V olusia County - Urban Low
Intensity
West V olusia County - Agriculture V olusia County - Urban Low
(Coronado Horse Farm) Intensity
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II. ANALYSIS
A. Background: The site has already been cleared and developed.
B. Land Use Compatibility: The current use of the property is compatible with all
adjacent existing and future residential land uses..
C. Adequate Public Facilities: There is potable water currently' available to the property
and a County permitted septic tank. The site is located
adjacent to SR 442 and Pine Dale Road.
D. Natural Environment: No native vegetative communities remain and no habitat
for protected species was identified. The Florida Fish and Wildlife Conservation Commission
(FFWCC) database indicates several bald eagle nests in the vicinity of this parcel, with one nest
lying approximately 1,800 feet southwest of this parcel. ContiIiued use of this parcel for
residential uses should not require any special management consideration, but conversion to a
higher density landusemay require coordination with the FFWCC. The soil suitability is'
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classified as having a low to medium potential. for community development.
E. Consistency with Comprehensive Plan: The proposed land use is consistent with the
land use that the site currently maintains in the County. The site is located at an intersection on a
major thoroughfare (SR 442) which could support a more intense use. However, the existing use
of the property is more consistent with the sUrrounding area.
F.
Other Matters:
There are no other issues with this amendment.
III.' STAFF RECOMMENDATION
Staff recommends approval of the comprehensive Plan Map Amendment of the subject site from
V olusia County (Urban Low Intensity) to Low Density Residential 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. The proposed land use is consistent with the land use that the site currently maintains in
the County.
4. The existing use of the property is consistent with the proposed land use category.
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EXHIBIT "A"
LEGAL DESCRIPTION
The East 337.5 feet of Lot 12, South of State Road #442, Assessor's
Subdivision of the Samuel Betts Grant according to map thereof
recorded.in Map Book 3, page 153 of the Public Records of Volusia
County~ Florida and being more particularly described as follows:
BEGINNINQ at the intersection of the Southerly R/W of State Road
#442, a 120 foot R/W as now laid out and the westerly line of Block
150, Florida Shores Unit #5, a subdivision according to map thereof
recorded in Map Book, 23, page 107 o~ the Public'Records of Volusia
County, .Florida i thence S 21011' 05'" E along the westerly line of
said Block 150, a distance of 217.71 feet to the South line of said
Lot 12, thence S 69033'55" W, along the said southerly line of Lot
12, a distance of 337.53 feet to the Easterly line of Pinedale Road
a 50 foof Road as now laid outj thence N 21011'05" W, along said
Easterly line, a distance of 213.29 feet to the said Southerly R/W
of State Road #442j thence N 68048'5511 E, asa basis of bearing,
along the said Southerly R/W of State Road #442, a distance of
337.50 feet to the Point of Beginning. Containing 1.67 acres more
or less.
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