2016-O-46 ORDINANCE NO.2016-0-46
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 LOW INTENSITY TO CITY
LOW DENSITY TRANSITION FOR 3.45± ACRES OF CERTAIN
REAL PROPERTY LOCATED AT ALONG ACEE DRIVE (7431-
00-00-0151) 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(4)(a),Fla. Stat.
(2012), on Wednesday,November 9,2016,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 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 Low Density Transition (3.45± 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. 2016-0-46
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 LOW INTENSITY TO CITY
LOW DENSITY TRANSITION FOR 3.45± ACRES OF CERTAIN
REAL PROPERTY LOCATED AT ALONG ACEE DRIVE (7431-
00-00-0151) 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 December 5, 2016 at 6:00 p.m. in Council Chambers, 104 N. Riverside Drive,
Edgewater, Florida 32132.
PART C. PUBLIC BEARINGS.
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 Councilwoman Vogt,
the vote on the first reading of this ordinance held on December 5, 2016, was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve by ( r- _)c �1 with
Second by . -. , the vote on
the second reading/public hearing of this ordinance held on January 9, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power N
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this9-11' day ofa/Cary Xr)cs j 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
C By:
.Y1/ 2--Al'
Robin Matusick 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 q+ lay of
legality-by: Aaron.R. Wolfe, Esquire 2017 under Agenda Item No. 8 b .
City Attorney
Doran, Sims_,Wolfe&
Ciocchetti
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EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL l0B -The Southerly one-half(112) of Parcel 10 being described as follows : Property in
U. S. Lot 2, Section 31 , Township 17 South, Range 34 East being described as follows: Commence
at the Southwest comer of Lot 50, SPANISH MISSION HEIGHTS UNIT 3, as recorded in Map
Book 19, page 197 of the Public Records of Volusia County, Florida; thence run S 21° E a distance
of 50.00 feet, thence S 25° 20' 17" E a distance of 886.46 feet for the POINT OF BEGINNING;
thence N 69° 00' 00" E a distance of 497 .03 feet; thence S 130 17' 07" E a distance of 323.48 feet;
thence S 69'00' 00" W a distance of 428.24 feet; thence N 25°20' 17" W a distance of 326.44 feet to
the POINTOF BEGINNING.
Containing 3.45 acres more or less.
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EXHIBIT "B"
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