2017-O-07 ORDINANCE NO. 2017-0-07
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 156.91 ACRES
OF CERTAIN REAL PROPERTY LOCATED EAST OF S.
RIDGEWOOD AVENUE AT RIO GRANDE (HACIENDA
DEL RIO), 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) & I63.3174(4)(a), Fla.
Stat. (2016), on Wednesday, February 22,2017,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 Medium Density Residential (156.9+ 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(II), Fla. Stat. (2016). The City Council shall
hold at least ONE (I) 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. 2017-0-07
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 156.9± ACRES
OF CERTAIN REAL PROPERTY LOCATED EAST OF S.
RIDGEWOOD AVENUE AT RIO GRANDE (HACIENDA
DEL RIO), 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 March 6, 2017 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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2017-0-07
PART C. PUBLIC HEARINGS.
As a condition precedent to the adoption of this ordinance amending the City's
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 (10, Fla. Stat. (2016).
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. (2016). 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 ordinance to the
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2017-0-07
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
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2017-0-07
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, with property, or circumstance.
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 March 6, 2017,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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2017-0-07
After Motion to approve by C /�� a-�• ,. r , Second by,
the vote on the second reading/public hearing of
this ordinance held on May 1,2017 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power N
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy Ns►
PASSED AND DULY ADOPTED this ls`day of May,2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
4,/
c l c1C:J -) By:
''y
Robin L. Matusick Mike Ignasiak
City Clerk/Paralegal Mayor
For the use and reliance only by the City Approved by the City Council of the City
of Edgewater, Florida. Approved as to form of Edgewater at a meeting held on this 1st
and legality by: Aaron R. Wolfe,Esquire day of May,2017 under Agenda Item No. 8 €
City Attorney
Doran, Sims, Wolfe&
Ciocchetti
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2017-0-07
EXHIBIT "A"
LEGAL DESCRIPTION
A PORTION OF THE JANE MURRAY GRANT AND C.E. MCHARDY GRANT, SECTION 49
TOWNSHIP 18 SOUTH. RANGE 34 EAST: A PORTION OF LOTS 1 4. 22 AND 24, ASSESSOR'S
SUBDIVISION OF THE C. E. MCHARDY GRANT. AS PER MAP THEREOF RECORDED IN MAP
BOOK 3 PAGE 152 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY. FLORIDA: AND A
PORTION OF U.S. LOTS 3 AND 4. SECTION 13 TOWNSHIP 18 SOUTH. RANGE 34 EAST; ALL
BEING DESCRIBED AS FOLLOWS: AS A POINT OF REFERENCE. COMMENCE AT THE
INTERSECTION OF THE WESTERLY LINE OF THE JANE MURRAY GRANT AND C. E.
MCHARDY GRANT, SECTION 49. TOWNSHIP 18 SOUTH RANGE 34 EAST AND THE SOUTH
LINE OF THE NORTH 52.465 CHAINS OF THE JANE MURRAY GRANT. SECTIONS 48 AND 49,
TOWNSHIP 18 SOUTH; RANGE 34 EAST. SAID POINT BEING MARKED BY A 1" IRON PIPE
THENCE N 68'' 58' 50" E ALONG THE SOUTH LINE OF SAID NORTH 52.465 CHAINS, A
DISTANCE OF 136.56 FEET FOR THE POINT OF BEGINNING: THENCE CONTINUE N 68' 58'
50" E. ALONG SAID SOUTH LINE OF THE NORTH 52.465 CHAINS. A DISTANCE OF 2611.28
FEET TO THE WESTERLY BANK OF THE INDIAN RIVER NORTH AND THE APPARENT
SHORELINE; THENCE SOUTHEASTERLY SOUTHERLY AND SOUTHWESTERLY ALONG SAID
SHORELINE THE FOLLOWING COURSES AND DISTANCES. THENCE S 64' 52' 36" E. A
DISTANCE OF 34.57 FEET; THENCE N 86° 27' 54" E, A DISTANCE OF 28.74 FEET; THENCE S
69' 58' 22" E A DISTANCE OF 44.83 FEET: THENCE N 72° 45' 44" E. A DISTANCE OF 22.69
FEET: THENCE S 48` 51 ' 48" E. A DISTANCE OF 88.01 FEET: THENCE S 38' 50' 55" E. A
DISTANCE OF 66.08 FEET: THENCE S 06° 21' 50" E. A DISTANCE OF 75.04 FEET: THENCE S
40' 45 19" W. A DISTANCE OF 83.16 FEET: THENCE S 44° 32' 51" W, A DISTANCE OF 68.94
FEET: THENCE S 54° 53' 13" W. A DISTANCE OF 96.92 FEET: THENCE N 67° 38' 35" W. A
DISTANCE OF 30.10 FEET: THENCE S 89° 59' 55" W. A DISTANCE OF 69.60 FEET: THENCE S
54' 47' 00" W. A DISTANCE OF 48.05 FEET: THENCE S 12° 33' 36" E. A DISTANCE OF 79.52
FEET: THENCE S 18' 15' 27" E. A DISTANCE OF 62.64 FEET; THENCE S 18' 26' 42" E. A
DISTANCE OF 76.09 FEET: THENCE S 19' 45' 11 " E. A DISTANCE OF 114.26 FEET: THENCE S
68' 22 22" E. A DISTANCE OF 67.02 FEET: THENCE N 89` 51 ' 57" E. A DISTANCE OF 72.39
FEET: THENCE S 83 00' 50" E. A DISTANCE OF 98.43 FEET: THENCE S 26' 39' 59" E. A
DISTANCE OF 64.81 FEET: THENCE S 41 ' 34' 52" E A DISTANCE OF 132.31 FEET; THENCE S
16' 29' 16" E. A DISTANCE OF 73.16 FEET: THENCE S 04' 03' 36" W. A DISTANCE OF 47.43
FEET: THENCE S 19° 47' 20" E. A DISTANCE OF 84.41 FEET: THENCE S 36° 13' 07" E, A
DISTANCE OF 266.07 FEET: THENCE S 82- 45' 51 " E. A DISTANCE OF 89.41 FEET: THENCE S
13' 46' 58" E. A DISTANCE OF 130.85 FEET: THENCE S 33° 53' 40" W. A DISTANCE OF 66.18
FEET; THENCE S 42' 59' 53" W A DISTANCE OF 98.15 FEET: THENCE S 00` 36' 58" E. A
DISTANCE OF 44.67 FEET; THENCE S 12' 39' 51 " E, A DISTANCE OF 110.14 FEET: THENCE S
32' 49' 27" E. A DISTANCE OF 158.81 FEET: THENCE S 37° 33' 00" E. A DISTANCE OF 171.46
FEET: THENCE S 06' 35' 06" W, A DISTANCE OF 31.77 FEET: THENCE S 78' 05' 36" E. A
DISTANCE OF 35.72 FEET: THENCE S 11 : 18' 43" E, A DISTANCE OF 22.31 FEET: THENCE S
86' 11 ' 01 " E. A DISTANCE OF 25.39 FEET: THENCE S 08' 26 38" E. A DISTANCE OF 26.23
FEET: THENCE S 18' 55' 12" E. A DISTANCE OF 31.30 FEET: THENCE S 24° 06' 49" W. A
DISTANCE OF 22.02 FEET: THENCE S 27° 34' 19" E. A DISTANCE OF 12.04 FEET: THENCE S
10' 29' 21" W. A DISTANCE OF 20.25 FEET: THENCE S 11 ° 06' 09" E. A DISTANCE OF 196.77
FEET: THENCE S 22° 34' 12" E. A DISTANCE OF 107.77 FEET: THENCE LEAVING SAID
SHORELINE. S 68- 40' 14" W. A DISTANCE OF 2527.98 FEET: THENCE N 22° 57' 19" W, A
DISTANCE OF 458.51 FEET: THENCE S 67° 02 41" W A DISTANCE OF 300.00 FEET TO THE
EASTERLY RIGHT OF WAY OF U.S. HIGHWAY NO. 1: THENCE N 22' 57' 19" W. ALONG THE
EASTERLY RIGHT OF WAY OF U. S. HIGHWAY NO. 1. A DISTANCE OF 100.00 FEET: THENCE
N 67° 02' 41 " E. A DISTANCE OF 300.00 FEET: THENCE N 22° 57' 19" W. A DISTANCE OF
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1371.79 FEET; THENCE S 67° 02' 41 " W, A DISTANCE OF 300.00 FEET TO THE EASTERLY
RIGHT OF WAY OF U S. HIGHWAY NO. 1; THENCE N 22° 57' 19" W, ALONG THE EASTERLY
RIGHT OF WAY OF U. S. HIGHWAY NO. 1, A DISTANCE OF 100.00 FEET: THENCE N 67° 02'41
" E, A DISTANCE OF 300.00 FEET; THENCE N 22° 57' 19"W. A DISTANCE OF 621 .86 FEET TO
THE POINT OF BEGINNING
Containing 156.9±acres more or less and being in Volusia County, Florida
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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- 1.$010 ,-----' , ' - '
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111 .eo, RKLOCAT10YRD
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