2006-O-13ORDINANCE NO. 2006-0-13
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY LOCATED SOUTH OF FALCON
AVENUE AND WEST OF RIVERSIDE BANK, EDGEWATER,
FLORIDA AS HIGH DENSITY RESIDENTIAL; PROVIDING
FOR PUBLICATION, HOLDING PUBLIC HEARINGS,
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT 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, SEVERABILITY AND APPLICABILITY 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 Hewing 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-11. 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. Star. (2005),
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on Wednesday, March 8, 2006, 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 2003
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 2003 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 Edgewater,
Florida regulating and restricting the use of lands located within the City of Edgewater, 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 High Density Residential for property 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. (2005). 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) L, Fla. Stat. (2005). The second publication shall appear
at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2.,
Fla. Stat. (2005). 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 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. 163.3184 (15) (c) 2.b., Fla. Star. (2005). 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. 2006-0-13
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY LOCATED SOUTH OF FALCON
AVENUE AND WEST OF RIVERSIDE BANK, EDGEWATER,
FLORIDA AS HIGH DENSITY RESIDENTIAL; PROVIDING
FOR PUBLICATION, HOLDING PUBLIC HEARINGS,
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT 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, SEVERABILITY AND APPLICABILITY AND
PROVIDING FOR AN EFFECTIVE DATE.
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A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will
be held on April 17, 2006 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 "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. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Star. (2005).
PART C. PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 2003
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. Star. 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. (2005). 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
transmitted in accordance with Rule 9J-11.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
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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. 163.3184 (3) (a), Fla. Stat. (2005) 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. (2005) &
Rule 9J-11.011 (3), F.A.C.
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.
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
Comprehensive Plan Amendment has been brought into compliance and certification of consistency
from the Volusia Growth Management Commission.
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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 to approve by Councilwoman Rogers and Second by Councilman Vincenzi,
the vote on the first reading of this ordinance held on April 17, 2006 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra J. Rogers X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
During the August 21, 2006 Council meeting a Motion was made by Councilwoman Rhodes
with Second by Councilwoman Rogers, to approve the continuance of second reading/public hearing
on this Ordinance until the September 11, 2006 City Council meeting.
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L
C
After Motion to approve by Councilwoman Rhodes and Second by Councilman Vincenzi
the vote on the second reading of this ordinance on September 11, 2006 was as follows:
AYE NAY
Mayor Mike Thomas x
Councilman Debra J. Rogers x
Councilman Dennis A. Vincenzi _ x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
AND DULY ADOPTED this I Ith day of September, 2006.
TT==�
CITY COUNCIL OF THE
C\ [TED W TE ORIDA- _ By \v
By.
Susan J. adsworth Ike homas
City Cler mayor
C:; 1�
Robin L. Matusick
Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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Approved by the City Council of the City of
Edgewater at a meeting held on this 1 Ith day
of September, 2006 under Agenda Item No. 6
r .
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real properly all lying and being in the County of Volusia and State of
Florida.
A portion of Lots 14 and 15, Highway Subdivision, as shown on map recorded in Map Book 8, Page
222 of the Public Records of Volusia County, Florida, together with a portion of the Northeast
quarter (1/4) of Section 2, Township 18 South, Range 34 East, Volusia County, Florida being more
particularly described as follows:
Begin at the Northeast comer of Lot 8, Pelican Cove West Phase 3, as shown on the map recorded
in Map Book 46, Page 171 of the Public Records of Volusia County, Florida; thence along the
Southerly right-of-way line of Falcon Avenue, North 90 degrees 00 minutes and 00 seconds East,
a distance of 140.00 feet; thence South 00 degrees 00 minutes 00 seconds West, a distance of 80.00
feet; thence North 90 degrees 00 minutes and 00 seconds East, a distance of 100.00 feet; thence
South 00 degrees 00 minutes 00 seconds West, a distance of 158.95 feet; thence South 25 degrees
47 minutes 11 seconds East, a distance of 172.55 feet; thence South 64 degrees 12 minutes 49
seconds West, a distance of 335.41 feet to the most Easterly comer of Lot 1, PELICAN COVE
WEST PHASE 3 aforesaid; thence along the Easterly line of said subdivision the following courses,
North 25 degrees 47 minutes 03 seconds West, a distance of 3 0. 00 feet; thence North 00 degrees 00
minutes and 00 seconds East, a distance of 513.21 feet to the POINT OF BEGINNING.
Containing 2.67 + acres more or less.
Map of subject property is reflected on Exhibit `B" and incorporated herein.
(Note: This is a Large Scale Comp Plan Amend due to the High Density
Residential, not the acreage)
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