2001-O-26
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ORDINANCE NO. 2001-0-26
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
COMMERCIAL 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 DEPARTMENT 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 subject 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 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 18 to: Amend the Official
Future Land Use Map to include property as Commercial to reflect annexation of property as
described in Exhibit 18.
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 (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
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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. 2001-0-26
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
COMMERCIAL 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 DEPARTMENT 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.
TRANSMITT 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
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-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, and the Regional Planning Council,
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.
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.
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
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Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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After Motion by U~'1N- 70..-.-;-'1' and Second by ~7- .Ii-...-.- ,
the vote on the second reading of this ordinance was as follows:
AYE NAY
Councilman James P. Brown
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Mayor Donald A. Schmidt
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
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Councilwoman Judy Lichter
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PASSED AND DULY ADOPTED this S day of /i%�� , 2001.
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 EDGEWATER, FLORIDA
By: ji/•�.✓a� �C.C�c�tWOY/
Donald A. Schmidt
Mayor
�e.�r ' mat-tit/Jt!`.dj
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this !t-
day of 7%w.�+— 2001 under
Agenda Item No. G- ._
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CITY 0 F EDG EW A TER
COMPREHENSIVE PLAN MAP AMENDMENT
(Amendment #18)
J. GENERAL INFORMATION
A. Requested Future Land Use Change:
From - V olusia County (Low Impact Urban)
To - Commercial
B. Applicant: City of Edgewater
c. Owner: Khaled Koleilat
3336 West Indian River Boulevard
Edgewater, FL
D. Location: 3336 West Indian River Boulevard. It is located in Section 5, Township 18
South, Range 34 East.
E. Acreage: 0.70 Acres
F. Existing Use of Property: The subject property is developed as commercial; a
Chevron gas station.
G. Proposed Use of Property: There is no proposed change to current use of the property.
H. Parcel Identification Number(s): 8408-00-00-0030(.70 Acres)
I. Adjacent Existing and Future Land Uses: . i
Adjacent Existing Use Adja~ent Future Land Use
SR 442 State Road 442N olusia Coimty -
North Low Impact Urban and Public/Semi
Public
V olusia County - Vacant and Low Impact Urban
East Cleared
- Low Impact Urban
V olusia County - Vacant
South
V olusia County - Vacant Low Impact Urban
West
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II. ANALYSIS
A. Background: The site has been cleared and developed for use as a Chevron gas station.
B. Land Use Compatibility: On the north side, the parcel fronts on SR 442 and across
theroad is the City Water Treatment Plant. The land to the
south and west is vacant. The land immediately to the east
is vacant and a little further is the Florida Shores Truck
Stop.
C. Adequate Public Facilities: The site.is serviced by septic tank and has a private well for
water facilities. The site is within the City's Utility Service
Area. The site is accessible by Indian River Boulevard and
is mediately adjacent to the Interstate 95 interchange;
therefore, this gas station services regional demand. '
D. Natural EnviJ::onment: This amendment parcel supports no native vegetative
communities, nor does it support habitat for any protected
plant or animal species. The soil suitability is classified as
having high potential for development.
E. Consistency with Comprehensive Plan: The existing gas station development is
consistent .with the City's Commercial land
use designation for highway service uses.
F.
Other Matters:
. Redevelopment of the site would require conformance to the
City's land development regulations.
III. STAFF RECOMMENDATION
Staff recommends approval of the comprehensive Plan Map Amendment of the subject site from
V olusia County (Low Impact Urban) to Commercial 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 designation is consistent with the existing use of the property.
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EXHIBIT "A"
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LEGAL DESCRIPTION
That part of the Northwest Quarter of Section 8, Township 18 South,
Range 34 East, lying South of the 200 foot right-of-way of
Edgewater Road, as shown on S.R.D. centerline survey for U. S.
Interstate 95, Section 79002-2406 in Volusia County, Florida, and
being more particularly described as follows:
From a 'reference point, being the Northwest corner of said Section
8; run thence North 0031'3711 East, along the West line of Section
5, Township 18 South, Range 34 East, a distance of 16.49 feet to
its intersection with the centerl~ne of said 200 foot right-of-way
of Edgewater Road; thence ,North 89041'55" East, along said
centerline a di,stance of 1608. 38 f~et to a point therein; thence
South 001810511 East, at right angl'es to said centerline, 100.00
feet to a point in the South line of said 200 foot right-of-way of
Edgewater Road and the POINT OF BEGINNING, said point being located
50.00 feet North 8904115511 East as meaSured along said South right-
of-way line, from the East end of the limited access on said U. S.
Interstate 95; thence continue' South 0018' 05" East 175.00 feet to'
a point; thence North 89041'55" East, parallel to said Edgewater
Road, 175.00 ,feet to a point; thence North 0018105" West, 175.00
feet to a point in the South line of the 200 foot right-of-way of
Edgewater Road aforesaid; thence South 89041'5511 West, along said
South right-of-way line, 175.00 feet to the POINT OF BEGINNING.
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