2001-O-28
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ORDINANCE NO. 2001-0-28
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 MEDIUM
DENSITY RESIDENTIAL WITH CONSERVATION
OVERLAY TO REFLECT ANNEXATION; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDlVIENT TO THE FLORIDA
DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT 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.
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-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 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 Edge water, Florida, be,
and the same is hereby amended by this plan map amendment number 20 to: Amend the Official
Future Land Use Map to include property as Medium Density Residential with Conservation
Overlay to reflect annexation of property as described in Exhibit 20.
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 (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
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. 2001-0-28
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 MEDIUlVI
DENSITY RESIDENTIAL WITH CONSERV A TION
OVERLAY TO REFLECT ANNEXATION; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEP ARTl\.'lENT 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 ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORTATION AND
ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNlVIENTAL AGENCY THAT HAS REQUESTED A
COpy OF THE PLAN AMENDlVIENT; 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.
(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 C.
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 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-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 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-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.
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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 ci:ffect 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
~
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.
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 OFQEDGEW/JAATER, FLORIDA
By:,
Donald A. Schmidt
Mayor
aim Ir
Robiu L. M ick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th
day of 2001 under
Agenda Item No. 6—T
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. EXHIBIT
20
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CITY OF EDGEWATER
COMPREHENSIVE PLAN MAP AMENDMENT
(Land Use Map Amendment #20)
I. GENERAL INFORMATION
A. Requested Future Land Use Change:
From -Edgewater Industrial and Commercial and V olusia County Rural
To - Medium Density Residential with Conservation Overlay
B. Applicant: City of Edgewater
C. Owner: Golden Star of Central Florida
4236 Jackson Street
Port Orange, FL
D. Location: The property is located east of Carol Ann Drive and south of Park Avenue
in Section 32, Township 17 South, Range 34 East.
E. Acreage: 16.96 Acres
F. Existing Use of Property: The site is currently a residential mobile home park.
G. Proposed Use of Property: There is no proposed change to the current use of the
property .
H. Parcel Identification Number(s): 7452-01-00-0371 (1.03 Acres) - not annexed
7452-01-00-0372 (5.14 Acres) - not annexed
7432-08-00-0130 (3.55 Acres) - annexed
7432-08-00-0120 (7.24 Acres) - annexed
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I. Adjacent Existing and Future Land Uses:
Adjacent Existing Use Adjacent Future Land Use
Park A venue and the active Florida Industrial
North East Coast railroad right-of-way.
An auto repair shop.
Shipping warehouse. Industrial and Medium Density
East Residential
Single Family Residential and Medium Density Residential and
South Vacant Rural
City Park' Recreation/Open Space and Rural
West
II. ANALYSIS
A. Background: The parcels were developed into single family residential homes, Royal
Oaks Mobile Home Park. Two of the parcels were already located within
the City and the other two parcels were recently annexed from the County.
B. Land Use Compatibility: The development is pre-existing and there are currently no
adjacent land use conflicts.
C. Adequate Public Facilities: The site is located within the City's Utility Service Area.
D. Natural Environment: The site has been cleared and disturbed for urban
development. There are no environmental issues associated with this land use
amendment.
E. Consistency with Comprehensive Plan: The land use amendment will create
consistency between the existing development and the Comprehensive Plan.
F.
Other Matters:
There are no additional issues regarding the land use designation
for this site.
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III. STAFF RECOMMENDATION
Staff recommends approval of the Comprehensive Plan Map Amendment of the subject site from
Edgewater Light Industrial and V olusia County Rural to Medium Density Residential with
Conservation Overly 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. . This amendment will make the land use cqnsistent with the existing approved
development.
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EXIDBIT A
LEGAL DESCRIPTION
Lots 12 and 13, Park Avenue Estates, as per map recorded in Map Book 34, Page 69, Public Records
of Vol usia County, Florida, together with an easement for ingress and egress over the following
described property:
Being a part of the Geroninio Alvarez Grant Seclion 57, T 17 S, R 34 E, and being more particularly
described as the following:
Commence at the Northeast comer ofU. S. Lot 3, S 32, T 17 S, R 34 E, said point being in the South
line of the Geronimo Alvarez Grant, thence along said South line S 730 58' 06" W, a distance of
1002.66 feet for the point of beginning; thence continue along said South liri.e of the G. Alvarez
Grant S 730 58' 06" W, a distance of 69.80 feet, thence by a curve to the left having a radius of
145.00'; a central angle of 230 40' 59", for an arc length of 59.94 feet to the point of reverse
curvature" thence by a curve to the right having a radius of205 .00 feet, a central angle of 470 17' 49",
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for an arc length of169.22' to the point of tangency of said curve, thence N 23 008' 10" W, along the
tangency of the-previously described curve adistance of 404.36 feetto the Southerly RIW of Park
Avenue, a 50 foot RJW as now laid out, thence N 6r 00' 54" E, along said Southerly RIW a distance
of 60 feet, thence S 230 08' 10" E, a distance of 404.20 feet to the point of tangency of a curve to the
left having a radius of 145.00', a central angle of 470 i17' 49" for an arc length of 119.70 feet to the
point of reverse curvature of a curve to the right having a radius of 205.00', a central angle of 230
40' 59" for an arc length of 84.74 feet to the point of tangency of said curve, thence'S 460 45' 00"
E, along the tangency of the previously described curve a distance of 35.65 feet to the point of
beginning.
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