2015-O-22 DENIED
ORDINANCE NO. 2015-0-22
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 COMMERCIAL WITH CONSERVATION
OVERLAY TO HIGH DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY FOR 13± ACRES OF CERTAIN
REAL PROPERTY LOCATED AT US HIGHWAY 1 (PARCEL
NUMBERS 12-18-34-01-00-00-60 AND 12-18-34-01-00-0-70),
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.
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held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4Xa), Fla. Stat. (2012), on
Wednesday, September 14,2015, 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.
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 Commercial (13 +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
ONE (1) advertised Public Hearing on the proposed Comprehensive Plan Amendment. The
publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption
Hearing). 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 published less than FIVE (5) days a week. The
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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. 2015-0-22
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 COMMERCIAL WITH CONSERVATION
OVERLAY TO HIGH DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY FOR 13± ACRES OF CERTAIN
REAL PROPERTY LOCATED AT US HIGHWAY 1 (PARCEL
NUMBERS 12-18-34-01-00-00-60 AND 12-18-34-01-00-0-70),
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 September 14, 2015 at 6:00 p.m. at the Community Center, 104 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 one advertised public hearing 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). 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 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,
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or circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART F. ADOPTION.
A motion was made by Councilman Conroy to TABLE this item to the November
meeting— No action was taken. A motion was then made by Councilman Blazi with Second by
Councilwoman Power to NOT amend the Future Land Use Map, to keep it as commercial.
the vote on the first reading of this ordinance held on September 14, 2015, was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
BASED ON THE FOREGOING & MOTION TO NOT AMEND THE
FUTURE LAND USE MAP — NO FURTHER ACTION NEEDS TO BE TAKEN
ON THIS ORDINANCE.
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After Motion to approve by with Second by
, the vote on the second reading/public hearing of this ordinance
held on November ,2015 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this day of November,2015.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
rkci33 BY/0
Bonnie Brown Mike Ignasiak
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 J' tlay of
legality by: Aaron R. Wolfe,Esquire November, 2015 under Agenda Item No.
City Attorney 8
Doran,Sims,Wolfe&Ciocchetti
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EXHIBIT "A"
LEGAL DESCRIPTION
The Northwest 1 acre of the North 200 feet of Lot 6, lying east of that certain Highway known and designated
as U.S. Highway No. 1, SQUARETOPVILLE SUBDIVISION, in Section 12, Township 18 South, Range 34
East, as per map in Map Book 1, Page 1160, of the Public Records of Volusia County, Florida, being more
particularly described as follows: For a Point of Beginning, commence at the intersection of the north line of
said Lot 6, and the easterly right of way of said U.S. Highway No. 1, said point being South 87° 27' 55" West
and a distance of 982.28 feet, as measured along said north line of Lot 6, from the northeast corner of said Lot
6; thence north 87° 27' 55"East, along said north line of Lot 6, a distance of 279.81 feet; thence South 15° 53'
10" East,parallel with the easterly right of way of said U.S. Highway No. 1, a distance of 160.00;thence South
87°27' 55"West,parallel with said north line of Lot 6,a distance of 279.81 feet to said easterly right of way of
U.S. Highway 1; thence North 15° 53' 10" West, along said easterly right of way of U.S. Highway No. 1, a
distance of 160.00 feet to the point of beginning.
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EXHIBIT "B"
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