2013-O-15 ORDINANCE NO. 2013-0-15
AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING
THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND
USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY
LOW DENSITY RESIDENTIAL FOR 10.50± ACRES OF
PROPERTY LOCATED AT 195 GODFREY ROAD,
EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION,
HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY;
PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY, 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 PROVISIONS, SEVERABILITY AND
APPLICABILITY 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 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.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on
Wednesday, August 14, 2013, on the proposed Plan Amendment;
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2011 Comprehensive Plan as more particularly set forth hereinafter.
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NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA:
PART A. AMENDMENT.
Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended
and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida,
regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be
amended by this plan map amendment to: Amend the Official Future Land Use Map to include
property as Low Density Residential (10.50 + acres) for property described in Exhibits "A" and
«B9,
PART B. PUBLICATION.
Notice of this proposed change of the Edgewater Comprehensive Plan shall be published
in the manner prescribed by 163.3184 (11), Fla. Stat. (2012). 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 (11), Fla. Stat. (2012). The second publication shall appear at
least FIVE (5) days before the second Public Hearing (Adoption Hearing). 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 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 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
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published less than FIVE (5) days a week. 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. 2013-0-15
AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING
THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND
USE MAP FROM COUNTY URBAN LOW INTENSITY TO CITY
LOW DENSITY RESIDENTIAL FOR 10.501 ACRES OF
PROPERTY LOCATED AT 195 GODFREY ROAD,
EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION,
HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY;
PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY, 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 PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be
held on August 19, 2013 at 6:00 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 "B")
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.
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PART C. PUBLIC HEARINGS.
As a condition precedent to the adoption of this ordinance amending the City's 2011
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 (11), Fla. Stat. (2012). 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. The Adoption Hearing shall be
held within 180 days of the Department of Economic Opportunity 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 ONE (1) paper copy and TWO (2) electronic copies of the proposed Plan Amendment to
the Florida Department of Economic Opportunity, Division of Community Planning, and all
other items specified to be transmitted in accordance with Chapter 163, Fla. Stat. (2012). The
City Manager or his designee shall also, immediately following the Transmittal Hearing, transmit
a copy of the proposed Plan Amendment 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 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
amendment. 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 Florida Department of Economic Opportunity. The City Manager or his
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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.
PART E. CONFLICTING PROVISIONS.
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.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency.
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 F. ADOPTION.
After Motion to approve by Gene Emter, with Second by Christine Power, the vote on the
first reading of this ordinance held on August 19, 2013, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Gene Emter X
After Motion to approve by Cat ra.iti ornru,(Plry with Second by
rood wnmr:n TTfityc r , the vote on the second reading/public hearing of this ordinance held on
00tdar `7 )c13 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
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PASSED AND DULY ADOPTED this 7+h day of QC{cher2013.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,,'LORI 1 A
q)Cf\f\ka. L !9 By
Bonnie Wenzel M e Tho .11111111111
City Clerk Mayor
Robin L. Matusick
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 7th day of
legality by: Aaron R. Wolfe, Esquire t.-jer- 2013 under Agenda Item No. 8 C .
City Attorney
Doran, Sims, Wolfe& Kundid
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EXHIBIT "A"
LEGAL DESCRIPTION
A portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant in Sections 48 and 49,
Township 18 South, Range 34 East lying Easterly of U.S. Highway No. 1 except the Westerly 1350 feet and a
portion of C.E. McHardy Grant in Section 49, Township 18 South, Range 34 East and lands lying Easterly of
said South 771.3 feet of the North 1731.3 feet of the said Jane Murray Grant and Easterly of a portion of C.E.
McHardy Grant and a portion of the 10-foot planting area lying Northerly of and adjacent to Godfrey Road a 50
foot right-of-way as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof
as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida and being described as
follows: Commence at the Southwesterly corner of said 10-foot planting area lying Northerly of and adjacent to
Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as
recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida; thence along the
monumented Southerly line of the said 10-foot planting area and the Northerly right-of-way line of Godfrey
Road, run N69°06'17"E for a distance of 1350.10 feet; thence run N22°52'29"W along the East Line of the
Westerly 1350 feet of the Jane Murray Grant lying Easterly of U.S. Highway No. 1 for a distance of 784.79 feet
to the monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant;
thence N 68°58'26"E along monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the
Jane Murray Grant and its Easterly prolongation for a distance of 2161.87 feet to the mean high water of Indian
River North per FDEP MHW Survey File 1161 and per Dan Cory survey dated 06-10-94; thence along said
mean high water line for the following four (4) courses, S37°45'07"E for a distance of 25.43 feet; thence
S24°46'47"E for a distance of 78.46 feet; thence S28°12'19"E for a distance of 71.55 feet; thence S27°38'06"E
for a distance of 26.53 for the Point of Beginning; thence continue along said mean high water line for the
following fourteen (14) courses, S27°38'06"E for a distance of 79.04 feet; thence S20°45'14"E for a distance of
26.64 feet; thence S19°53'35"E for a distance of 68.89 feet; thence S03°44'32"W for a distance of 23.51 feet;
thence S20°06'58"E for a distance of 78.88 feet; thence S21°31'14"E for a distance of 102.28 feet; thence
S21°42'31"E for a distance of 77.07 feet; thence S22°21'00"E for a distance of 91.50 feet; thence S06°51'16"E
for a distance of 9.96 feet; thence 529°21'06"W for a distance of 3.81 feet; thence S17°22'28E for a distance of
2.98 feet; thence S64°35'00"E for a distance of 5.51 feet; thence S25°19'26"E for a distance of 14.08 feet;
thence S25°19'26"E for a distance of 1.24 feet; to a point on the Easterly prolongation of the Northerly line of
the said 10-foot planting area thence S69°06'01"W along Northerly line of the Easterly prolongation of the said
10-foot planting area to the Northeast corner of said 10-foot planting area a distance of 716.59; thence run
S 14°57'45"E for a distance of 10.05 feet to the Southeast corner of said 10-foot planting area lying Northerly of
and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the
plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida; thence
run S69°06"34"W along the Southerly right-of-way of said 10 foot planting strip for a distance of 61.55 feet;
thence run N22°52'29"W for a distance of 587.65 feet; thence run N68°57'03"E for a distance of 798.35 feet to
the Point of Beginning. Containing 10.50 acres more or less. See EASEMENT "A"
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EASEMENT "A"
Being subject to a 30 foot easement for the purposes of ingress, egress and utilities and lying 15 foot each side
of the centerline of said easement and being a portion of the South 771.3 feet of the North 1731.3 feet of the
Jane Murray Grant, Section 49, Township 18 South, Range 34 East and C.E. McHardy Grant, Section 49,
Township 18 South, Range 34 East, and a portion of lands lying Easterly of said South 771.3 feet of the North
1731.3 feet of said Jane Murray Grant and C.E. McHardy Grant, AND a portion of the 10-foot Planting Area
lying Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section
1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County,
Florida, and being described as: Commence at the Southwesterly corner of said 10-foot Planting Area, said
point also being the intersection of the Northerly right of way of said Godfrey Road and the Easterly right of
way of U.S. Highway No. 1; thence North 69°06'17" East, along the Southerly line of said 10-foot Planting
Area and along the Northerly line of said Godfrey Road, a distance of 1350.10 feet; thence North 69°06'34"
East, along the Southerly line of said 10-foot Planting Area and the Northerly right of way line of said Godfrey
Road for a distance of 1396.62 feet for the Point of Beginning and centerline of said easement; thence North
22°52'29" West along said centerline, a distance of 267.36 feet; thence North 09°49'57" West, a distance of
68.80 feet; thence North 12°39'37" East, a distance of 88.20 feet; thence North 45°04'45" East, a distance of
44.81 feet; thence North 71°51'38" East, a distance of 97.23 feet; thence North 63°57'21" East, a distance of
91.27 feet; thence North 45°04'24" East, a distance of 70.50 feet, thence North 21°02'57" West, a distance of
129.64 feet to the Point of Termination. Side lines of said easement to terminate at 90°00'00" left and right
from the centerline Point of Termination. Containing 0.591 acres more or less.
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EXHIBIT "B"
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