2013-O-09 ORDINANCE NO. 2013-0-09
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 RURAL AND COUNTY LOW
IMPACT URBAN TO CITY MIXED USE WITH CONSERVATION
OVERLAY FOR 34.54± ACRES OF PROPERTY LOCATED EAST
OF COW CREEK ROAD AND NORTH OF W. INDIAN RIVER
BLVD., 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, June 12, 2013, 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 2011
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Comprehensive Plan;
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.
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 Mixed Use with Conservation Overlay (34.54 + 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
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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
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. 2013-0-09
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 RURAL AND COUNTY LOW
IMPACT URBAN TO CITY MIXED USE WITH CONSERVATION
OVERLAY FOR 34.54± ACRES OF PROPERTY LOCATED EAST
OF COW CREEK ROAD AND NORTH OF W. INDIAN RIVER
BLVD., 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 July 15, 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')
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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.
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
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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
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,
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or circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART F. ADOPTION.
After Motion to approve by Councilwoman Bennington, with Second by Councilwoman
Power, the vote on the first reading of this ordinance held on July 15, 2013, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak EXCUSED
Councilman Gene Emter X
After Motion to approve by Ccu nodMnt\ \.c-.N- with Second by
mL\100 ticu P� i e- , the vote on the second reading/public hearing of this ordinance held on
(-,QC)13 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power X
Councilwoman Gigi Bennington EXCUSED
Councilman Mike Ignasiak X
Councilman Gene Emter X
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PASSED AND DULY ADOPTED thisa16 day oftpiLljse\2013.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
i
:r-.1sz . 0_1 B . _.-
Bonnie Wenzel ike Tho i as
City Clerk ayor
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'"day of
legality by: Aaron R. Wolfe, Esquire beLecriati\ 2013 under Agenda Item No. 8 b .
City Attorney
Doran, Sims, Wolfe& Kundid
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL B:
A portion of U.S. Lots 4 and 5, Section 5, Township 18 South, Range 34 East lying Easterly of the Florida East
Coast Railway and being more particularly described as follows:
As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18 South, Range
34 East, said point of commencement being a 1/2-inch electrical metal tubing pipe being Certified Corner No.
0005904; thence South 21° 27' 28" East along the Easterly line of said U.S. Lot 4, a distance of 801.67 feet;
thence south 72° 02' 08" West a distance of 50.09 feet for the Point of Beginning; thence South 21° 27' 28"
East a distance of 733.03 feet; thence South 72° 02' 08" West a distance of 767.77 feet to a point on the
Easterly right-of-way of the Florida East Coast Railway Edgewater Cut-Off, a 100 foot right-of-way as now laid
out; thence North 17° 57' 52" West along said Easterly right-of-way a distance of 731.67 feet; thence North 72°
02' 08" East a distance of 723.11 feet to the Point of Beginning.
The Westerly 60.00 feet of the above described property subject to a road and utility easement. Together with
the right to use a 60 foot road and utility easement described as follows: A portion of Lots 4, 5 and 6, lying
easterly of and parallel to the Florida East Coast Railway—Edgewater Cutoff and northerly of State Road #442,
all being more particularly described as follows: As a point of reference commence at the Northeast corner of
U.S. Lot 4, Section 5, Township 18 South; Range 34 East, said point being a 1/2-inch electrical metal tubing
pipe being Certified Corner #0005904; thence South 21° 27' 28" East, along the east line of said U.S. Lot 4, a
distance of 801.67 feet; thence South 72° 02' 08" West, a distance of 713.20 feet for the Point of Beginning;
thence South 17° 57' 52" East, along a line that is 60 feet easterly of and parallel with the said Florida East
Coast Railway Edgewater Cutoff, a distance of 3071.11 feet to the northerly right-of-way of State Road #442;
thence South 79° 02' 02.5" West along said northerly right-of-way of State Road#442, a distance of 60.45 feet;
thence North 17° 57' 52" West along the easterly right-of-way of the Florida East Coast Railway, a distance of
3063.74 feet; thence North 72° 02' 08" East, a distance of 60.00 feet to the Point of Beginning.
SUBJECT TO AND TOGETHER WITH a perpetual easement for non-commercial purposes in favor of
STEPHEN C. HALL and BARBARA S. HALL, his wife, and their heirs and assigns, and DAVID L.
BIDDULPH and BERNA SUE BIDDULPH, his wife, and their heirs and assigns, for the purpose of fishing,
boating, and recreation in the existing lake located on the following-described property:
A portion of U.S. Lots 4 and 5, Section 5, Township 18 South, Range 34 East lying Easterly of the Florida East
Coast Railway and being more particularly described as follows:
As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18 South, Range
34 East, said point of commencement being a 1/2-inch electrical metal tubing pipe being Certified Corner No.
0005904; thence South 21° 27' 28" East along the Easterly line of said U.S. Lot 4, a distance of 801.67 feet for
the Point of Beginning; thence continue South 21° 27' 28" East, a distance of 1030.01 feet; thence South 68°
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32' 00" West a distance of 50.00 feet; thence South 21° 27' 28" East a distance of 361.83 feet; thence South 69°
32' 00" West, a distance of 809.61 feet to a point on the Easterly right-of-way of the Florida East Coast Railway
Edgewater Cut-Off, a 100 foot right-of-way as now laid out; thence North 17° 57' 52" West along said Easterly
right-of-way, a distance of 1441.76 feet; thence North 72° 02' 08" East, a distance of 773.20 feet to the Point of
Beginning. LESS AND EXCEPT the Easterly 50 feet.
AND
A portion of U.S. Lot 5, Section 5, Township 18 South, Range 34 East, lying Easterly of the Florida East Coast
Railway and being more particularly described as follows:
As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18 South, Range
34 East, said point of commencement being a 1/2 inch electrical metal tubing pipe being Certified Corner No.
0005904; thence South 21 degrees 27 minutes 28 seconds East along the Easterly line of U.S. Lot 4 a distance
of 801.67 feet; thence South 72 degrees 02 minutes 08 seconds West a distance of 50.09 feet; thence South 21
degrees 27 minutes 28 seconds East a distance of 733.03 feet for the Point of Beginning; thence continuing
South 21 degrees 27 minutes 28 seconds East a distance of 674.98 feet; thence South 69 degrees 32 minutes 00
seconds West a distance of 809.67 feet to a point on the Easterly right-of-way of the Florida East Coast Railway
Edgewater Cut-Off, a 100 foot right-of-way as now laid out; thence North 17 degrees 57 minutes 52 seconds
West along said Easterly right-of-way a distance of 709.07 feet; thence North 72 degrees 02 minutes 08 seconds
East a distance of 767.77 feet to the Point of Beginning.
Together with the right to use a 60 foot road and utility easement described as follows: a portion of Lots 4, 5
and 6, lying Easterly of and parallel to the Florida East Coast Railway Edgewater Cutoff and Northerly of State
Road #442, all being more particularly described as follows: As a point of reference commence at the
Northeast corner of U.S. Lot 4, Section 5, Township 18 South, Range 34 East, said point of commencement
being a 1/2 inch electrical metal tubing pipe being Certified Corner No. 0005904; thence South 21 degrees 27
minutes 28 seconds East along the Easterly line of U.S. Lot 4 a distance of 801.67 feet; thence South 72 degrees
02 minutes 08 seconds West, a distance of 713.20 feet for the Point of Beginning; thence South 17 degrees 57
minutes 52 seconds East, along a line that is 60 feet Easterly of and parallel with the said Florida East Coast
Railway Edgewater Cutoff, a distance of 3,071.11 feet to the Northerly R/W of State Road #442; thence South
79 degrees 02 minutes 02.5 seconds West along said Northerly R/W of State Road #442 a distance of 60.45
feet; thence North 17 degrees 57 minutes 52 seconds West along the Easterly R/W of the Florida East Coast
Railway, a distance of 3,063.74 feet; thence North 72 degrees 02 minutes 08 seconds East, a distance of 60.00
feet to the Point of Beginning.
LESS AND EXCEPT THAT CERTAIN RECTANGULAR PARCEL, GENERALLY DESCRIBED AS:
A portion of U.S. Lot 5, Section 5, Township 18 South, Range 34 East, lying Easterly of the Florida East Coast
Railway and being more particularly described as follows:
As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18 South, Range
34 East, said point of commencement being a 1/2 inch electrical metal tubing pipe being Certified Corner No.
0005904; thence South 21 degrees 27 minutes 28 seconds East along the Easterly line of U.S. Lot 4 a distance
of 801.67 feet; thence South 72 degrees 02 minutes 08 seconds West a distance of 50.09 feet; thence South 21
degrees 27 minutes 28 seconds East a distance of 1408.01 feet; thence South 69 degrees 32 minutes 00 seconds
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West a distance of 809.67 feet to a point on the Easterly right-of-way of the Florida East Coast Railway, a 100
foot right-of-way as now laid out; thence North 17 degrees 57 minutes 52 seconds West, along said Easterly
right-of-way, a distance of 215.00 feet for the Point of Beginning; thence continue North 17 degrees 57 minutes
52 seconds West, along said Easterly right-of-way, a distance of 210.00 feet; thence North 72 degrees 02
minutes 08 seconds East, a distance of 519.00 feet; thence South 17 degrees 57 minutes 52 seconds East, a
distance of 210.00 feet; thence South 72 degrees 02 minutes 08 seconds West, a distance of 519.00 feet to the
Point of Beginning.
A portion of U.S. Lot 5, Section 5, Township 18 South, Range 34 East lying Easterly of the Florida East Coast
Railway and being more particularly described as follows:
As a point of reference commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18 South, Range
34 East, said point of commencement being a '/2 inch electrical metal tubing pipe being Certified Corner No.
0005904; thence S 21° 27' 28" E along the Easterly line of said U.S. Lot 4 a distance of 801.67 feet; thence S
72° 02' 08" W a distance of 50.09 feet; thence S 21° 27' 28" E, a distance of 1408.01 feet; thence S 69° 32' 00"
W, a distance of 809.67 feet to a point on the easterly right of way of the Florida East Coast Railway, a 100-foot
right of way as now laid out; thence N 17° 57' 52" W, along said easterly right of way, a distance of 215.00 feet
for the Point of Beginning; thence continue N 17° 57' 52" W, along said easterly right of way, a distance of
210.00 feet; thence N 72° 02' 08" E, a distance of 519.00 feet; thence S 17° 57' 52 E, a distance of 210.00 feet;
thence S 72° 02' 08" W, a distance of 519.00 feet to the Point of Beginning. Containing 2.50 acres more or
less.
The Westerly 60.00 feet of the above described property subject to a road and utility easement.
Together with the right to use a 60 foot road and utility easement described as follows: A portion of Lots 4, 5
and 6, lying easterly of and parallel to the Florida East Coast Railway—Edgewater Cutoff and northerly of State
Road #442, all being more particularly described as follows: As a point of reference commence at the
Northeast corner of U.S. Lot 4, Section 5, Township 18 South; Range 34 East, said point being a '/2 inch
electrical metal tubing pipe being Certified Corner#0005904; thence S 21° 27' 28" E, along the east line of said
U.S. Lot 4, a distance of 801.67 feet; thence S 72° 02' 08" W, a distance of 713.20 feet for the POINT OF
BEGINNING; thence S 17° 57' 52" E, along a line that is 60 feet easterly of and parallel with the said Florida
East Coast Railway Edgewater Cutoff, a distance of 3071.11 feet to the northerly R/W of State Road #442;
thence S 79° 02' 02.5" W along said northerly R/W of State Road #442, a distance of 60.45 feet; thence N 17°
57' 52" W along the easterly R/W of the Florida East Coast Railway, a distance of 3063.74 feet; thence N 72°
02' 08" E, a distance of 60.00 feet to the Point of Beginning.
Parcel 1: A portion of U.S. Lot 4, Section 5, Township 18 South, Range 34 East, Lying Easterly of the Florida
East Coast Railway and being more particularly described as follows:
Commence at the Northeast Corner of U.S. Lot 4, Section 5, Township 18 South, Range 34 East, Said point
being a '/2 inch electrical metal tubing pipe being a Certified Corner #; thence South 21 degrees 27 minutes 28
seconds East along the Easterly line of said U.S. Lot 4 a distance of 210.57 feet to the point of beginning;
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thence continue South 21 degrees 27 minutes 28 seconds East along the Easterly line of U.S. Lot 4 a distance of
591.10 feet; thence South 72 degrees 02 minutes 08 seconds West a distance of 773.20 feet to the Easterly right-
of-way of the Florida East Coast Railway— Edgewater cut off, a 100 foot right-of-way as now laid out; thence
north 17 degrees 57 minutes 52 seconds West along said Easterly right-of-way a distance of 590.00 feet; thence
North 72 degrees 02 minutes 08 seconds East a distance of 737.18 feet to the point of beginning. Less and
except the Easterly 50 feet thereof.
And together with the right to use a 60 foot road and utility easement described as follows:
A portion of Lots 4,5 and 6, lying Easterly of and parallel to the Florida East Coast Railway — Edgewater cut
off, and Northerly of State Road#442, all being more particularly described as follows:
As a point of reference, commence at the Northeast corner of U.S. Lot 4, Section 5, Township 18 South, Range
34 East said point being a V2 inch electrical metal tubing pipe being Certified Corner # thence south 21 degrees
27 minutes 28 seconds East, along the East line of said U.S. Lot 4, a distance of 801.67 feet; thence south 72
degrees 02 minutes 08 seconds West, a distance of 713.20 feet for the point of beginning; thence south 17
degrees 57 minutes 52 seconds East along a line that is 60 feet Easterly of and parallel with said Florida East
Coast Railway—Edgewater cut off, a distance of 3071.11 feet to the Northerly right-of-way of State Road#442;
thence South 79 degrees 02 minutes 02.5 seconds West along said Northerly right-of-way of State Road #442, a
distance of 60.45 feet; thence North 17 degrees 57 minutes, 52 seconds West along the said Easterly right-of-
way of the Florida East Coast Railway, a distance of 3063.74 feet; thence North 72 degrees 02 minutes 09
seconds East, a distance of 60.0 feet to the point of beginning.
Reserving an easement for road and utility purposes over the Westerly 60 feet of the above described Parcel 1,
measured at right angles to the Westerly line of said property as described in Official Records Book 4644,
Pages 1726 and 1727, Public Records of Volusia County, Florida.
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EXHIBIT "B"
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