2016-O-30 ORDINANCE NO.2016-0-30
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 LOW IMPACT URBAN TO CITY
MIXED USE WITH CONSERVATION OVERLAY FOR 19.4±
ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3176 W.
INDIAN RIVER BOULEVARD (PARCEL NUMBER 8438-03-00-
0020), 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(4Xa), Fla. Stat. (2012), on
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Wednesday,April 13,2016,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 Mixed Use with Conservation Overlay (19.4± 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.2016-0-30
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 LOW IMPACT URBAN TO CITY
MIXED USE WITH CONSERVATION OVERLAY FOR 19.4±
ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3176 W.
INDIAN RIVER BOULEVARD (PARCEL NUMBER 8438-03-00-
0020), 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 May 2, 2016 at 6:00 p.m. in Council Chambers, 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, with
property,or circumstance.
PART H. ADOPTION.
After Motion to approve by Councilman Conroy with Second by Councilwoman
Power, the vote on the first reading of this ordinance held on May 2, 2016, was as
follows:
AYE NAY
Mayor Mike Ignasiak _ X
Councilwoman Christine Power X
Councilwoman Gigi Bennington ABSENT
Councilman Dan Blazi X
Councilman Gary T. Conroy X
After Motion to approve by C-0l .L1 Gc1 nc1 c-r-`
Second by ( ar-c-�1 f e-tr) j , the vote on the second
reading/public hearing of this ordinance held onJ� k , 2016 was as
follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power N
Councilwoman Gigi Bennington N
Councilman Dan Blazi
Councilman Gary T. Conroy
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PASSED AND DULY ADOPTED this k9 day of
2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
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Bv: kid*/irevio
Robin L. Matusick Mike Ignasia
City Clerk/Paralegal Mayor
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 6')
_ legality by: Aaron R. Wolfe, Esquire day of , 2016 under
City Attorney Agenda Item No. +E
Doran, Sims, Wolfe & Ciocchetti
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EXHIBIT "A"
LEGAL DESCRIPTION
Lots 2 and 3, MODEL LAND COMPANY SUBDIVISION, according to the map or plat thereof as recorded in
Plat Book 5,page 187, Public Records of Volusia County, Florida.
LESS AND EXCEPT that portion deeded to the State of Florida for the right of way of State Road 442 in
Official Records Book 1082, page 577, Public Records of Volusia County, Florida, more particularly described
as follows:
That portion of Lots 2 and 3 lying Southerly and within 50 feet of the survey line of Edgewater Road, Section
79509, said survey line being described as follows: Begin at a point on the Westerly boundary of above
SAMUEL BETTS GRANT(Section 38), located 1245.62 feet Northerly of the Southwest corner of said Grant
and run North 68° 22' 10" East, 1127.80 feet to Station 53+00; thence continue North 68° 22' 10" East
627.00-feet to a point on the Northerly extension of the Westerly boundary of Lot 6 of MODEL LAND
COMPANY, according to the map or plat thereof as- recorded in Plat Book 5, page 187, Public Records of
Volusia County,Florida, located 26.32 feet Northerly of the Northwesterly comer of said Lot 6.
AND
LESS AND EXCEPT that part deeded to the State of Florida for State Road 442 in Official Records Book 4686,
page 4547,Public Records of Volusia County, Florida described as follows:
Commence at the Southeast comer of Section 5, Township 18 South, Range 34 East, Volusia County, Florida;
thence North 21° 27' 30" W, along the East line of said Section 5, also being the West line of Samuel Betts
Grant, Section 38, Township 18 South, Range 34 East, Volusia County, Florida 120.025 meters (393.78 feet)to
a point on the existing Southerly right of way line of State Road 442, as shown on the Florida Department of
Transportation Right of Way Map, Section 79210-2505; thence North 68° 22' 25" East, along said existing
Southerly right of way line, 106.689 meters(350.03 feet)to the West line of Lot 2, MODEL LAND COMPANY
SUBDIVISION, as recorded in Map Book 5, page 187, Public Records of Volusia County, Florida for the Point
of Beginning; thence continue North 68° 22' 25" East, along said existing Southerly right of way line, 213.369
meters (700.03 feet)to the East line of Lot 3, said MODEL LAND COMPANY SUBDIVISION; thence departing
said right of way line, South 21° 26' 16" East, 11.278 meters (37.00 feet); thence South 68° 22' 25" West
parallel with the existing right of way line, 213.367 meters (700.02 feet) to a point on said West line of Lot 2;
thence North 21°27'06"West, along said West line, 11.278 meters(37.00 feet)to the Point of Beginning.
This legal description includes any/all adjoining right-of-way relating to the subject property.
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EXHIBIT "B"
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