2016-O-43 ORDINANCE NO.2016-0-43
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 URBAN MEDIUM INTENSITY TO
CITY MEDIUM DENSITY RESIDENTIAL FOR 7.34± ACRES OF
CERTAIN REAL PROPERTY LOCATED AT 190 GODFREY
ROAD (8449-00-00-0180) 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 Wednesday,August 10, 2016,on the proposed Plan Amendment;
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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 1, 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 Medium Density Residential (7.34± 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
advertisement shall substantially be in the following form:
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Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2016-0-43
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 URBAN MEDIUM INTENSITY TO
CITY MEDIUM DENSITY RESIDENTIAL FOR 7.34± ACRES OF
CERTAIN REAL PROPERTY LOCATED AT 190 GODFREY
ROAD (8449-00-00-0180) 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 6, 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
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
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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.
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
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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 Councilwoman Power, with Second by Councilman Blazi,
the vote on the first reading of this ordinance held on September 6,2016, 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
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After Motion to approve by r-,C; with
Second bynn� �t ��� y � , the vote on
the second reading/public hearing of this ordinance held on September 19,2016 was as follows:
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power
Councilwoman Gigi Bennington �C
Councilman Dan Blazi
Councilman Gary T. Conroy N
PASSED AND DULY ADOPTED this / day of4o4 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
CK.
BV/A)/4
Robin Matusick Mike lgnasiak
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 /''day of
legality by: Aaron R. Wolfe, Esquire trpt, 2016 under Agenda Item No. 8 ah .
City Attorney
Doran, Sims, Wolfe&
Ciocchetti
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EXHIBIT"A"
LEGAL DESCRIPTION
A parcel of submerged, semi-submerged and land lying East of the Government Meander Line of
the JANE MURRAY GRANT, Section 49, Township 16 South, Range 34 East, Volusia County,
Florida, described as follows: Commence at the Northwest corner of Section 49. Township 16
South, Range 34 East; thence Southerly along the Westerly line of said Section 49, 1731.34 feet
thence N 69"09'40" E, 2572.4 feet to the meander line of said Section 49 for the Point of
Beginning; thence continue N 69°09'40" E, 201.61 feet. thence S 20'50"20" E, 202.08 feet; N
69'09'40" E, 235.65 feet thence N 74"35' 14" E, 294.54 feet to the Weslarly line of the
Intracoastal Waterway; thence along said Weslarly line S 17'50'47" E, 488.30 feet; thence S
66'49"50" W, 238.30 feet; thence S 19°33'50" W, 138.40 feet; thence S 63°50"20" W, 184.60
feet. thence N 16°11'10" W 541 .00 feet; thence S 68°49'50" W, 106.00 feet; thence N 14°55'40"
W, 150.00 feet thence S 68°49'50" W. 33.87 feet. thence N 20°50'20" W, 92.65 feet; thence S
69°09'40" W. 100.00 feet to the said meander line of Section 49; thence along said meander line
N 14°55'40" W, 60.32 feel to the Point of Beginning.
Subject to easements described as follows:
WATER LINE EASEMENT: Being a parcel of land lying Easterly of the Government Meander
Line of the Jane Murray Grant Section 49, Township 18 South, Range 34 East, Volusia County,
Florida and described as follows: Commence at the Northwest corner of Section 49, Township
18 South, Range 34 East; thence Southerly along the west line of said Section 49, a distance of
1731.34 feet; thence N 69'09"40" E a distance of 2572.4 feet to a concrete monument on the
meander line of said Section 49, thence S 14'55'40" E along said Government Meander Line, a
distance of 13.79feet for the Point of Beginning; thence N 70'21"55" E, a distance of
125.35feetlo the PC of a curve; thence Easterly along a curve concave to the South, said curve
having a central angle of 51 '34'38", a radius of 203.58 feet an arc distance of 183.26 feet; thence
S 31°'56'33" W, a distance of 10.00 feet; thence Westerly along a curve concave to the South,
said curve having a central angle of 51°34'38", a radius of 193.58 feet, an arc distance of 174.26
feet thence S 70°21 '55", a distance of 326.81 feet to the Government Meander Line; thence N
14°55'40" W along said Meander Line, a distance of 10.03 feet to the Point of beginning.
AND
A parcel of land lying East of the Government Meander Line of the Jane Murray Grant, Section
49, Township 18 South, Range 34 East, Volusia County. Florida; described as follows:
Commence at the Northwest corner of Section 49 Township 18, Range 34 East; thence Southerly
along the west line of said Section 49, 1731.34 feet; thence N 69°09'40" E. 2572.40 feet to the
meander line of said Section 49 and for the Point of Beginning; thence continue N 69°09'40" E,
201 .61 feet; thence S 20°50'20" E, 60.00 feet; thence S 69°09'40" W, 207.82 feet to the said
meander line of Section 49; thence along said meander line N 14°55'40" W, 60.32 feet to the
Point of Beginning
Containing .7.34 acres more or less.
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EXHIBIT "B"
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0014. 110111
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\ fk°.4.6° IgW
cox. area ., .
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.... ..,
EZISuelect Property n,
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