2013-O-12 ORDINANCE NO. 2013-0-12
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 WITH CONSERVATION
OVERLAY FOR .32± ACRES OF CERTAIN REAL PROPERTY
LOCATED EAST OF MEADOW LAKE DRIVE AND SOUTH OF
28TH STREET, 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
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Edgewater to amend its 2011 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.
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 with Conservation Overlay (.32 + acres) for property
described in Exhibits "A" and "B".
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
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published at least FIVE (5) days a week, unless the only newspaper in the municipality is
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. 2013-0-12
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 WITH CONSERVATION
OVERLAY FOR .32± ACRES OF CERTAIN REAL PROPERTY
LOCATED EAST OF MEADOW LAKE DRIVE AND SOUTH OF
28TH STREET, 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
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identification of the general area.
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
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ordinance to the Florida Department of Economic Opportunity. 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.
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 Mike Ignasiak, 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 C nc.,Aiw", 7r,��►c�k with Second by
('c,,,y.dt,o,,,,,L,,,,,tor,, the vote on the second reading/public hearing of this ordinance held on
Coot r ri a O 3 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Mike Ignasiak X
Councilman Gene Emter X
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PASSED AND DULY ADOPTED this 7 day ofOttCANN 2013.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEW TER, F ORIDA
By. `�!.�.�,
Bonnie Wenzel ,'ke Th! ,'a
City Clerk M.yor
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 9 if,day of
legality by: Aaron R. Wolfe, Esquire 00.-Vacr 00.-Vac 2013 under Agenda Item No. 8( . .
City Attorney
Doran, Sims, Wolfe& Kundid
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EXHIBIT "A"
LEGAL DESCRIPTION
The Northerly 100 feet of the Westerly 140 feet of Lot 11, Edgewater Country Estates (Unit #1), according to
the map or plat thereof, as recorded in Map Book 11, Page 247, of the Public Records of Volusia County,
Florida.
Together with: 50% of the subsurface mineral rights in and to The Northerly 100 feet of the Westerly 140 feet
of Lot 11, Edgewater Country Estates (Unit #1), according to the map or plat thereof, as recorded in Map Book
11, Page 247, of the Public Records of Volusia County, Florida. (Official Records Book 5782, Page 2604)
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EXHIBIT "B"
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