2017-O-04 ORDINANCE NO.2017-0-04
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
INDUSTRIAL TO CITY INDUSTRIAL FOR 48.5± ACRES
OF CERTAIN REAL PROPERTY LOCATED AT 100
WHALER WAY, 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. (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 Industrial (48.5± 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. (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
following form:
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2017-0-04
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO.2017-0-04
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
INDUSTRIAL TO CITY INDUSTRIAL FOR 48.5± ACRES
OF CERTAIN REAL PROPERTY LOCATED AT 100
WHALER WAY, 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.
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
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2017-0-04
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 (1 1),
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
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,
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2017-0-04
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
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.
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PART H. ADOPTION.
After Motion to approve by Councilman Conroy,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
After Motion to CONTINUE by Councilwoman Power with Second by Councilman
Blazi until date and time certain on June 5,2017 at 6:00 pm in Council Chambers,the vote to
continue this ordinance held on May 1, 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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After Motion to approve by - C) rx.f_0 , Second by,
.•OLt •)o..46e.. )-1-,-_ . the vote on the second reading/public hearing of
this ordinance held on June 5, 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 this 5th day of June,2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, F ORIDA
t�atc�c- By: /lc ti c.41•44
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 5t'
and legality by: Aaron R. Wolfe, Esquire day of June,2017 under Agenda Item No. 8b
City Attorney
Doran, Sims, Wolfe&
Ciocchetti
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EXHIBIT "A"
LEGAL DESCRIPTION
RIVERFRONT ESTATES REPLAT DESCRIPTION:
ALL OF RIVERFRONT ESTATES REPLAT OF LOTS 1 AND 2 OF RIVERFRONT ESTATES, AS
RECORDED IN MAP BOOK 19, PAGE 181, PUBLIC RECORDS OF VOLUSIA COUNTY
FLORIDA, TOGETHER WITH ALL THE LANDS LYING EAST THEREOF TO INDIAN RIVER
NORTH; ALSO DESCRIBED AS LOTS 1 AND 2, RIVERFRONT ESTATES, AS PER PLAT
RECORDED IN MAP BOOK 19, PAGE 18, PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA, TOGETHER WITH ALL LANDS LYING EAST THEREOF TO INDIAN RIVER
NORTH.
AND
LOTS 3 AND 4, RIVERFRONT ESTATES, ACCORDING TO MAP IN MAP BOOK 19, PAGE 18,
PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA AND THAT PART OF LOT 22,AND LOT
4 OF ASSESSORS SUBDIVISION OF THE C.E. McHARDY GRANT (MAP BOOK 3, PAGE 152)
WHICH LIES EAST OF LOT 3 AND 4 OF RIVERFRONT ESTATES AND BETWEEN THE
NORTHERLY LINE OF LOT 3 AND THE SOUTHERLY LINE OF LOT 4 PROLONGED TO THE
INTER COASTAL WATERWAY.
Containing 48.5±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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2017-0-04