2017-O-09 ORDINANCE NO. 2017-0-09
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 CITY
MEDIUM DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY TO CITY COMMERCIAL
WITH CONSERVATION OVERLAY FOR 2.57± ACRES OF
CERTAIN REAL AT 2010 S. RIDGEWOOD AVENUE AND
VACANT PROPERTY TO THE NORTH AND WEST,
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;
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 Hearing163.3164(30) 1 4 4
to & 63.317 ( )(a),
Fla. Stat. (2016), on Wednesday, March 8, 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 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 with Conservation Overlay (2.57± 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), Ha. Stat. (2016). 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
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following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO.2017-0-09
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 CITY MEDIUM
DENSITY RESIDENTIAL WITH CONSERVATION OVERLAY
TO CITY COMMERCIAL WITH CONSERVATION
OVERALY FOR 2.57± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 2010 S. RIDGEWOOD AVENUE
AND VACANT PROPERTY TO THE NORTH AND WEST,
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; PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING AN
EFFECTIVE DATE.
A public hearing on the ordinance changing the Future Land Use Map will be held
on May 1, 2017 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
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.
2016 . The secondpublic hearingshall be held at the adoption stage. It shall be held on a
( ) P g
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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.
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.
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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 Councilwoman Power, with Second by Councilman Blazi.
the vote on the first reading of this ordinance held on April 3, 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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4
After Motion to approve by ( � +>�+'-1 ��r with
Second by -:fLirl[221� ,,, )r1 � , the vote on the second
J
reading/public hearing of this ordinance held on ej Il 1 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt �.
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this May , 2017
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
By: 9CLJ 5
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 legality Edgewater at a meeting held on this 1v day of
by: 2017 under Agenda Item No.8.
Aaron R.Wolfe,Esquire
City Attorney
Doran,Sims,Wolfe&Ciocchetti
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EXHIBIT "A"
LEGAL DESCRIPTION
An irregular portion of land in the NE 1/4 of the SE 1/4 of Government Lot 3 located in
Section 2 Township 18 Range 34 better described as Commencing at the NE corner of afore
mentioned Government lot 3 of Section 2 Township 18 Range 32 Run S 0-16-20 E long
the east line of Government Lot 3 for a distance of 1308.61 feet thence leaving the east line
of Government Lot 3 run S 89-29-50 W for 447.74 feet along the north line of the SE 1/4
of Lot 3 to a point said point being the Point of Beginning thence continuing on north line
of the SE 1/4 of Lot 3 S 89- 29-50 W for a distance of 140.65 feet thence S 0-9-56 E for a
distance of 306.71 feet, thence N 89-33-45 E for a distance of 69.06 feet, thence S 0-4-57 W
for a distance of 115.00 feet, thence N 89-33-44 E for a distance of 50.00 feet thence S 0-6-
43 W for a distance of 85.00 feet, thence N 89-38-50 E for a distance of 321.78 feet thence
N 7-5-12 W for a distance of 186.61 feet, thence N 89-39-25 W for a distance of 117.03
feet thence N 0-0-0 E for a distance of 21.25 feet, thence N 89-59-54 W for a distance
of 157.58 feet thence N 0-0-1 E for a distance of 207.50 feet, thence N 18-26-6 E for a
distance of 48.23 feet thence N 22-21-59 W for a distance of 48.26 feet to the Point of
Beginning.
Containing 2.57 acres more or less.
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EXHIBIT"B"
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