2001-O-30
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ORDINANCE NO. 2001-0-30
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
INDUSTRIAL, MEDIUM DENSITY RESIDENTIAL,
PUBLIC/SEMI-PUBLIC AND LOW DENSITY TRANSITION
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 VOL USIA
GRO\VTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEP ARTMENT OF ENVIRONMENT AL PROTECTION, THE
FLORIDA DEP ARTlVIENT 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 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 subject to the provisions of Chapter 163, F.S. and
Rule 9J-ll; F.A.C.
Whereas, th~ 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 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 of the City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be,
and the same is hereby amended by this plan map amendment number 22 to: Amend the Official
Future Land Use Map to include property as Industrial, Medium Density Residential, Public/Semi-
Public and Low Density Transition to reflect annexation of property as described in Exhibit 22.
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 (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 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 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. 2001-0-30
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
INDUSTRIAL, MEDIUM DENSITY RESIDENTIAL,
PUBLIC/SEMI-PUBLIC AND LOW DENSITY TRANSITION
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
GRO\;VTH MANAGEMENT COMMISSION, VOL USIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEP ARTMENT OF ENVIRONMENT AL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVER1~MENTAL 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.
(lvfap 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 pursuantto 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.
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-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 Volusia Growth Management Commission, Volusia 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 Edgevvater 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
V olusia Growth Management Commission, V olusia 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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PARTG.
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
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 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 EDGEWA/T�dE�RR,,�FLORIDA
Donald A. Schmidt
Mayor
Robin . Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this t 7.h
day of D .he�P�r 2001 under
Agenda Item No. 6 -V
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CITY OF EDGEWATER
COMPREHENSIVE PLAN MAP AMENDMENT
(Land Use Map Amendment #22)
I. GENERAL INFORMATION
A. Requested Future Land Use Change:
From - Volusia County (Rural and Public/Semi-Public)
To - Industrial (9.18 acres), Medium Density Residential (78.67 acres),
Public/Semi-Public (25.78 acres) and Low Density Transition (28.28
acres) with Conservation Overlay
B. Applicant: City of Edgewater
C. Owners: Massey Enterprises
Massey Development Corporation
Massey Ranch Airpark, Inc.
Gary M Hajek
John Massey
Marguerite and David Cummock, Trustees
Patrick Donnelly
Dennis Clark
Vaughn W. Crile
J ames and Cynthia Russell
Anthony and Lorie Guarnieri
Gilbert and Teresa M. Tweed
D. Location: The amendment parcels are generally located at the north end of Air Park
Road and its intersection with Park Avenue, in Section 3, the southeast
corner of the Ambrose Hull Grant, and the northeast corner of the Samuel
Betts Grant, Township 17 South, Range 34 East.
E. Acreage: 141.91 Acres
F. Existing Use of Property: The site consists of the landing airstrip for Massey Airpark
and supporting uses. East of Air Park Road there are
several airport hanger condominiums and vacant industrial
sites associated with the airstrip. East of the airstrip there is
a partially developed single-family residential subdivision
and vacant land. There is also an existing cemetery on-site
west of the airstrip.
G. Proposed Use of Property: Currently, there are no proposed changes to the existing use
of the property. The industrial and residential sites are
anticipated to intil!.
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H. Parcel Identification Number(s):
Ordinance 2000-0-23 (116.45 acres)
Ordinance 2000-0-24 (2.50 acres)
Ordinance 2000-0-25 (2.00 acres)
Ordinance 2000-0-26 (2.00 acres)
Ordinance 2000-0-27 (1.00 acre)
Ordinance 2000-0-28 (1.00 acre)
Ordinance 2000-0-29 (1.00 acre)
Ordinance 2000-0-30 (2.00 acres)
Ordinance 2000-0-31 (1.00 acre)
Ordinance 2000-0-32 (1. 00 acre)
Ordinance 2000-0-33 (2.00 acre)
I. Adjacent Existing and Future Land Uses:
Adjacent Existing Use Adjacent Future Land Use
Industrial, Vacant, Residential Industrial and Medium Density
North Residential
Vacant and Residential Medium Density Residential
East
Industrial, Vacant and Residential Urban Low Intensity
South
Industrial and Vacant Public/Semi- Public
West
II. ANALYSIS
A. Background: These parcels were recently included in a series of annexation studies
conducted for Edgewater's economic development future in 1995 and
1997. The sites were determined to be excellent locations for industrial
development to increase the City's tax base.
B. Land Use Compatibility: The small airstrip and adjacent residential parcels are pre-
existing development. The residential lots have airport hangers for their own private
small engine planes. Therefore, there are no current problems or negative impacts as a
result of the mix of uses. The proposed amendment will not change the existing
conditions or create any additional compatibility issues.
C. Adequate Public Facilities: The site is located within the City's Utility Service Area.
The City has contracted engineering services to design water and sewer line extensions
along Park Avenue to service these sites. The site has local access from both Air Park
Road and Park Avenue.
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D. Natural Environment: East of Air Park road, the lots are a mix of single-family
residences of between 5 and 10 acres and vacant industrial sites, primarily associated with
the airstrip. The historic vegetative communities east of the north end of Air Park Road
are sand pine scrub and xeric/mesic pine flatwoods.
E. Consistency with Comprehensive Plan: The existing densities and development are
consistent with the proposed land uses for the parcels.
F.
Other Matters:
There are no additional issues with regard to these parcels.
1/1. STAFF RECOMMENDATION
Staff recommends approval of the Comprehensive Plan Map Amendment of the subject site from
Volusia County (Rural and Public/Semi-Public) to Industrial, Medium Density Residential,
Public/Semi-Public and Low Density Transition with Conservation Overlay for the following
reasons :
.
1. It is consistent with the City's Compreh;nsive Plan.
2. It is compatible with the surrounding mix of County and City land uses.
3. The existing uses of the property are consistent with the proposed designations.
4. The proposed industrial land uses.will be conducive to economic development and
supporting growth of the airport facility.
. 5. The residential development is pre-existing.
6. The cemetery, a public/semi-public use, is pre-existing.
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EXIllBIT A
LEGAL DESCRIPTION
Owned by Massey Enterprises:
1. Parcel # 8438-01-00-0010 All that part of Lots 1 through 5 inclusive, Lots 17 through 21
inclusive, Lots 135 and 136, Assessor's Subdivision of the Samuel Betts Grant as shown on plat
recorded in Map Book 3, Page 153, Public Records of V olusia County, Florida, lying easterly of the
200 foot wide runway conveyed to Massey Ranch Airpark, Inc. in a Quit Claim Deed recorded at
Book 4402, Page 2031, Public Records of V o lliS ia County, Florida, and, a 60 foot strip ofland being
a portion of Lot 138, Assessor's Subdivision of the SamueLBetts Grant as shown on plat recorded
in Map Book 3, Page 153, Public Records of V olusia County Florida, lying northerly of the westerly
prolongation of the northerly right-of-way line of Sixteenth Street, a 50 foot right-of-way as now
constructed and as shown on plat of Florida Shores Unit #5 as recorded in Map Book 23, Pages 107
and 108, Public Records of Vol usia County, Florida; the easterly line of said 60 foot strip of land
being parallel with and lying 125 westerly oftlte westerly right-of-way line of Willow Oak Drive,
a 50 foot right-of-way as now constructed and as shown on plat of Florida Shores Unit #4 as '
recorded in Map Book 23, Page 104, Public Records of Vol usia County, Florida. 46.97 acres.
2. Parcel # 7431-00-00-0110 All that part of U.S. Lots 3 and 4, Section 31, Township 17 South,
Range 34 East, lying easterly of the 200 foot wide runway conveyed to MaSsey Ranch Airpark, Inc.
in a Quit Claim Deed recorded at Book 4402, Page 2031, Public Records of V olusia County, Florida;
and a 75 foot strip ofland measured at right angles to the northerly line of the Assessor's Subdivision
of the Samuel Betts Grant per Map Book 3, Page 153 Public Records of Vol usia County, Florida,
in U.S. Lot 4, Section 31, Township 17 South, Range 34 East, lying northerly of and contiguous to
the northerly line of said Samuel Betts Grant, The easterly line of which is the northerly prolongation
of a line lying 50 feet easterly of and parallel to the easterly line of Lot 137 of said Samuel Betts
Grant, the westedy line of which is the easterly line of Airpark Road, an 80 foot county road; and
also a 50 foot strip of land measured at right angles ~o the northerly line of the said Samuel Betts
Grant, in U.S. Lot 4, Section 31, Township 17 South, Range 34 East, lying northerly of and
contiguous to the northerly line of said Samuel Betts Grant, the easterly line of which is the 200 foot
wide runway conveyed to Massey Ranch Airpark, Inc. in a Quit Claim Deed recorded at Book 4402,
Page 2031, Public Records of V olusia County, Florida, the westerly line of which is the northerly
prolongation of a line lying 50 foot easterly of and parallel to the easterly line of Lot 137 of said
Samuel Betts Grant. 1.21 acres.
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3. Parcel # 7432-00-00-0100 All That part of U.S. Lot 4, Section 32, Township 17 South, Range
34 East, lying southerly of Park Avenue, a 60 foot County road, and easterly of a 200 foot wide
runway conveyed to Massey Ranch Airpark, Inc. in a Quit Claim Deed recorded at Book 4402, Page
2031, Public Records of Vol usia County, Florida. 8.28 acres.
4. Parcel # 7432-00-00-0110 U.S. Lot 5, Section 32, Township 17 South, Range 34 East, excluding
that portion platted as Cherokee Ridge Subdivision, recorded in Map Book 41, Page 27, and
excluding that portion platted as Massey Ranch Airpark Unit I, recorded in Map Book 44, Page 68,
Public Records of Vol usia County, Florida. 20.14 acres.
5. Parcel # 8438-01-00-1362 All that portion of Lot 137 Assessor's Subdivision of the Samuel Betts
Grant, per Map Book 3, Page 153, Public Records of Volusia County, Florida, also known as
Oaklynn Cemetary, recorded in Map Book 11, Page 10, Public Records of Vol usia County, Florida,
lying easterly of Airpark Road, and shown as Myrtle Avenue on said Oaklynn Cemetary Plat, and
also a portion of Lot 136, said Samuel Betts Grant being more particularly described as follows:
....
As a point of reference, commence ata 11/2 inch iron pipe marking the southeast comer of U.S. Lot
4, Section 31, Township 17 South, Range 34 East; thence S 690 IS' 31" W along the northerly line
of the Samuel Betts Grant, Section 54, ToWnship 17 South, Range 34 East, as now monumented, a
distance of 232.13 feet to the westerly right-of-way line of a 200 foot wide runway and for the
POINT OF BEGINNING; thence S 69015' 31" W along the northerly line of the said Samuel Betts
Grant, a distance of 458.63 feet; thence S 20047' 27" E along the easterly line of Lot 137 of the said
Samuel Betts Grant and its southerly prolongation, a distance of699.59 feet; thence N 690 13' 38"
E a distance of 283.86 feet to the westerly right-of-way line the aforesaid 200 foot wide runway;
thence NU6045' 31" W along the westerly right-of-way of said 200 foot wide runway to the POINT.
OF BEGINNING. 13.35 acres. .
Owned by Massey Ranch Airpark, Inc:
6. Parcel # 8438-01-00-0020 A 200 foot wide runway located in Lots 17 through 21 inclusive, lots
135 and 136, Assessor's Subdivision of the Samuel Betts Grant per Map Book 3, Page 153, Public
Records of Volusia County, Florida, and in U.S. Lots 3 and 4, Section 31, Township 17 South,
Range 34 East, more particularly described in Quit Claim Deed recorded at Book 4402, Page 2031,
Public Records of Vol usia County, Florida. 20.50 acres.
Owned by Massey Development Corporation:
7. Lots 3, 6, 7, 8, 15,22 and Parcel A, Massey Ranch Airpark Unit I, recorded in Map Book 44,
Page 68, Public Records of Vol usia County, Florida. 8.00 acres.
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Legal Description
Lot 6, MASSEY INDUSTRIAL AIRPARK, being an unrecorded
subdivision and described as follows:
A part of U.S. Lot 4, Section 31, Township 17 South, Range 34 east
and being more particularly described as follows:
Commence at the Southeast comer of U.S. Lot 4, Section 31,
Township 17 South, range 34 East; thence S 690 15' 31" W along the
Southerly line of said U.S. Lot 4, a distance of 232.12 feet; thence N 060 45'
31" W a distance of 51.33 feet for the POINT OF BEGINNING; thence s
690 15' 31" W a distance of 416.65 feet; thence N 20046' 36" W a distance
of243.59 feet; thence N 69 15 31 E, a distance of 477.46 feet; thence S 060
45' 31" E, a distance of251.03 feet to the Point of Beginning. Containing
2.50 acres, more or less.
Lot 1, MASSEY RANCH AIRPARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of V olusia County, Florida
And
Lot 2, MASSEY RANCH AIRPARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of V olusia County, Florida
And
Lot 4, MASSEY RANCH AIRPARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of Vol usia County, Florida
And
Lot 5, MASSEY RANCH AIRPARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of V olusia County, Florida
And
Lot 9, MASSEY RANCH AIRPARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of Vol usia County, Florida
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And
Lot 10, MASSEY RANCH AIRPARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of V olusia County, Florida
And
Lot 11, MASSEY RANCH AIRPARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of V olusia County, Florida
And
Lot 12, MASSEY RANCH AIRPARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of V olusia County, Florida
And
Lot 13, MASSEY RANCH AIRPARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of V olusia County, Florida
And
Lot 16, MASSEY RANCHAIRP ARK UNIT 1, as per map thereof recorded .
in Map Book 44, Page 68, Public Records of V olusia County, Florida
And
Lot 19, MASSEY RANCH AIRPARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of Vol usia County, Florida
And
Lot 20, MASSEY RANCH AIRPARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of V olusia County, Florida
And
Lot 21, MASSEY RANCH AlRP ARK UNIT 1, as per map thereof recorded
in Map Book 44, Page 68, Public Records of Vol usia County, Florida