2001-O-43
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ORDINANCE NO. 2001-0-43
AN ORDINANCE OF THE CITY OF EDGEW ATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP TO INCLUDE PROPERTY AS LOW
DENSITY RESIDENTIAL, CONSERVATION,
COMMERCIAL, AND 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
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 PROVISIONS AND PROVIDING FOR 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 designating a future land use classification
of the property hereinafter described has been duly held in the City of Edgewater, Florida and at
such hearing, interested parties and citizens for and/or against the proposed designation of the future
land use classification was 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),
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on Wednesday, July 11, 2001, on the proposed Plan Amendment and following that Public Hearing
voted and recommended that the City Council approve the aforesaid Amendment 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 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 to: Amend the Official Future Land
Use Map to include property as Low Density Residential, Conservation, Commercial and
Conservation Overlay to reflect annexation of property as described in Exhibits "A" and "B".
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 Amendment.
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
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(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 Edgewater, 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. 2001-0-43
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, CONSERVATION,
COMMERCIAL AND 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
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 PROVISIONS AND PROVIDING FOR AN
EFFECTIVE DATE.
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Public hearings on the ordinance changing the Future Land Use Map will be held on August 6, 2001
and September 10,2001 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).
PARTC.
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.
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 Amendment to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be
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transmitted in accordance with Rule 9J-1l.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
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 amendment. 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 Amendment 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 Amendment to the Comprehensive Plan 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, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2000) &
Rule 9J-11.011 (3), F.A.C.
CONFLICTING PROVISIONS.
PART E.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
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 this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
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Comprehensive Plan Amendment has 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.
PART H. ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Lichter, the vote on the
first reading of this ordinance held on August 6, 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
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Councilwoman Harriet E. Rhodes X
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Councilwoman Judy Lichter X -
After Motion by ~ /L-- ~ ~,
and Second by
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
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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PASSED AND DULY ADOPTED this,_ day of OQ. -_.✓ti 12001.
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 EDGEWATER, FLORIDA
sy: 1&
]Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this /
day of %la.._ 2001 under
Agenda Item No. b _ 8 N .
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
That part of Section 48, Township 18 South, Range 34 East, being part of the Jane Murray Grant,
lying Westerly of U. S. No.1 Highway as now laid out. (Note: the "Jane Murray Grant" in its
entirety, consists solely of all of Sections 48 and 49 of Township 18 South, Range 34 East, as
clarified by Final Decree of the Circuit Court, Seventh Judicial Circuit, V olusia County, Florida,
filed December 5, 1916, at Minute Book 9, Page 116).
Excepting therefrom, a parcel ofland described as follows: Begin at the intersection of the West line
ofU. S. No.1 Highway and the North line of said Murray Grant; thence along said Murray Grant
S 68 Degrees 31' 56" W 1005.8 feet; thence S 22 Degrees 49' 26" E 1732.2 feet; thence N 68
Degrees 31' 56" E 1005.8 feet to the West Right-of- Way ofU. S. No.1 Highway; thence along said
West Right-of-Way N 22 Degrees 49' 26" W 1732.3 feet to the Point of Beginning, containing 40
acres more or less.
And excepting therefrom, that portion of the South Y2 ofthe North 52.465 chains of the East 8 chains
of Section 48, Township 18 South, Range 34 East lying Westerly of said U. S. No.1 Highway; the
West line of this exception being clarified by Final Decree of the Circuit Court, Seventh Judicial
Circuit, Volusia County, Florida, filed July 25, 1945, at Chancery Order Book 94, Page 516 as
opposed to the undefinable West line of that certain metes and bounds description found in that same
Final Decree.
And excepting therefrom the Florida East Coast Railway, a 100 foot Right-of-Way.
And excepting therefrom the VoIco Road Right-of-Way as may be claimed by Volusia County,
Florida.
TOGETHER WITH:
U. S. Lot 2, Section 14, Township 18 South, Range 34 East excepting therefrom the East 330 feet
of the West 660 feet of the North 660 feet and excepting therefrom the Volco Road Right-of-Way
as may be claimed by Volusia County, Florida.
TOGETHER WITH:
U. S. Lots 3 and 4, Section 14, Township 18 South, Range 34 East.
Containing 449.89 acres, more or less.
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AND:
A portion ofU. S. Lots 2 and 3, Section 13, Township 18 South, Range 34 East, lying Westerly of
U. S. Highway No.1, and being more particularly described as follows:
As a point of reference, commence at the Northwest corner ofU. S. Lot 2, Section 13, Township 18
South, Range 34 East; thence N 680 38' 36" E along the north line of said U. S. Lot 2, a distance of
154.08 feet for the POINT OF BEGINNING; thence continueN 68038' 36" E, a distance of1337.62
feet to a point, said point being 77.00 feet Westerly of and measured at right angles to the survey
line of State Road No.5, Section 7901, also known as U. S. Highway No.1, per Official Records
128, Page 278 of the Public Records of Vol usia County, Florida; thence S 220 57' 44" E along a line
that is 77.00 feet Westerly of and parallel to said survey line, a distance of 1591.18 feet to the South.
line of said U. S. Lot 3; thence S 87035' 58" W along the South line of said U. S. Lots 2 and 3, a
distance of753.06 feet; thence N 570 44' 13" W, a distance of283.75 feet; thence N 25006' 23" W,
a distance of 164.34; thence S 83050' 50" W, a distance of505.89 feet; thence N 140 10' 55" W, a
distance of387.50 feet; thence N 280 02' 31" W, a distance of 439.35 feet to the Point of Beginning.
Containing 37.71 acres more or less.
Subject Property Containing a Total of 487.6 acres more or less.
Map of subject property is reflected on Exhibit "B" and incorporated herein.
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