2016-O-36 ORDINANCE NO. 2016-0-36
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 COMMERICAL AND URBAN LOW
INTENSITY TO CITY COMMECIAL FOR 2.98± ACRES OF
CERTAIN REAL PROPERTY LOCATED AT 104 S. CORY DRIVE
AND THE VACANT PARCEL TO THE SOUTH (8412-05-00-1330
AND 8538-06-00-0010) 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.
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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 8, 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 Commercial (2.98±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(1 I),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,
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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. 2016-0-36
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 COMMERICAL AND URBAN LOW
INTENSITY TO CITY COMMECIAL FOR 2.98± ACRES OF
CERTAIN REAL PROPERTY LOCATED AT 104 S. CORY DRIVE
AND THE VACANT PARCEL TO THE SOUTH (8412-05-00-1330
AND 8538-06-00-0010) 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 18, 2016 at 6:00 p.m. in Council Chambers, 104 N. Riverside
Drive, Edgewater, Florida 32132.
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
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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,
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 ONE (1) copy 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.
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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. The
amendment shall also not be effective until certification is received from the Volusia Growth
Management Commission.
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 H. ADOPTION.
After Motion to approve by Councilman Blazi, with Second by Councilwoman Power,
the vote on the first reading of this ordinance held on July 18, 2016,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
After Motion to approve by x r-..-) -124>v--%S with
Second by rY")Jr; ,r , the vote on the second
reading/public hearing of this ordinance held on 6214 , 2016
was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power •�
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy moi_
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PASSED AND DULY ADOPTED this l day ofa/ t:_C •. ,2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:P 40P.A.iv . 4 A.
Robin Matu ick Mike Ignasiak
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 tot day
legality by: Aaron R. Wolfe, Esquire ofCi iCi.u.t , 2016 under Agenda Item No.
City Attorney 8 Lj .
Doran, Sims, Wolfe &
Ciocchetti
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EXHIBIT"A"
LEGAL DESCRIPTION
104 S. Cory Drive
Parcels 133, 134, 135 and 136, CORY ESTATES AN UNRECORDED SUBDIVISION, as
recorded in Official Records Book 233, Page 29 of the Public Records of Volusia County,
Florida, being a portion of Lot 1, Bella Vista Unit#3, according to plat thereof recorded in Map
Book 9, Page 298, of the Public Records of Volusia County, Florida, and being more particularly
described as follows: Begin at the intersection of the Southerly line of said Lot 1 and the Easterly
right-of-way line of U.S. Highway #1, a 158 foot right-of-way as now laid out; thence North 16
degrees 19' 00" West, a distance of 149.90 feet to the Southerly line of South Cory Drive, a 50
foot right-of-way as now laid out; thence North 68 degrees 41' 00" East along said Southerly
line, a distance of 275.00 feet; thence South 16 degrees 19' 00" East, a distance of 149.90 feet to
the said Southerly line of Lot 1, Bella Vista Unit#3; thence South 68 degrees 41' 00" West along
said Southerly line,a distance of 275 feet to the Point of Beginning.
Vacant parcel to the south
The West 425 feet of Lot 1, and all of Lots 2. 3, 4, 5, 6 and 7, together with the West 150 feet of
a vacated alley located North of Lots 6 and 7,all being located in Indian Harbor Estates Unit No.
5, according to the map or plat thereof.as recorded in Map Book 26, Page 18, of the Public
Records of Volusia County, Florida.
Containing 2.98 acres more or less.
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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