2016-O-51 ORDINANCE NO. 2016-0-51
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, BY
AMENDING THE OFFICIAL FUTURE LAND USE MAP
FROM COUNTY FORESTRY RESOURCE A N D
ENVIRONMENTAL SYSTEMS CORRIDOR TO
CITY MIXED USE WITH CONSERVATION OVERLAY
FOR 670.276± ACRES OF CERTAIN REAL PROPERTY
LOCATED WEST OF I-95 AND SOUTH OF THE INDIAN
RIVER BOULEVARD EXTENSION AND THE DEERING
PARK PROPERTY, 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.
Strike-thr-augh passages are deleted. 1
Underlined passages are added.
2016-0-51
Stat. (2012), on Wednesday, December 14, 2016, on the proposed Plan Amendment;
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 Mixed Use with Conservation Overlay (670.276± acres) for
property described in Exhibits "A" and "B" subject to the following special limitations:
1. Development trips from the property must be limited to no more than 310 trips per day,
which correlates to the existing Volusia County comprehensive plan impacts. Any project
or projects proposed that exceed this initial vested amount, shall require a traffic impact
analysis and determination of capacity prior to approval of any PUD zoning amendment
to allow such use.
2. The preservation and protection of wetlands shall be consistent with the standards
established for the Environmental Systems Corridor in the Volusia County
Comprehensive Plan. Any protect proposed shall demonstrate that the project is
consistent with such standards and the City shall issue a finding of consistency with such
standards as part of any PUD zoning amendment to allow such use.
3. Transportation systems shall be coordinated with surrounding developments. Any project
proposed shall demonstrate that the project is consistent with such standards as part of
any PUD zoning amendment to allow such use.
Str-ikc h passages are deleted. 2
Underlined passages are added.
2016-0-51
4. School concurrency shall be coordinated with Volusia County School Board. Any project
proposed shall demonstrate that the project is consistent with such standards as part of
any PUD zoning amendment to allow such use.
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:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2016-0-51
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, BY
AMENDING THE OFFICIAL FUTURE LAND USE MAP
FROM COUNTY FORESTRY RESOURCE A N D
ENVIRONMENTAL SYSTEMS CORRIDOR TO
CITY MIXED USE WITH CONSERVATION OVERLAY
FOR 670.276± ACRES OF CERTAIN REAL PROPERTY
LOCATED WEST OF I-95 AND SOUTH OF THE INDIAN
RIVER BOULEVARD EXTENSION AND THE DEERING
mil euglrpassages are deleted. 3
Underlined passages are added.
2016-0-51
PARK PROPERTY, 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 January 9, 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
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
ctrikm, ugh passages are deleted. 4
Underlined passages are added.
2016-0-51
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. (2012). 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,
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.
Stfike-thcougli-passages are deleted. 5
Underlined passages are added.
2016-0-51
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. 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, with property,or circumstance.
mike-threuglrpassages are deleted. 6
Underlined passages are added.
2016-0-51
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 January 9, 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
Strike-three#passages are deleted. 7
Underlined passages are added.
2016-0-51
After Motion to approve by C-C(.... )OLP tans) with
Second by CCL-1-4-)q -Yrr-r..c� ��C' �, the vote on the
second reading/public hearing of this ordinance held on August 7, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power Lxrk 5oJ L
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 7th day of August, 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
3
�c� caC, By: 44,6 R1Ar'
Robin L. Matusick Mike IgnasiakJ
City Clerk/Paralegal Mayor
For the use and reliance only by the City Approved by the City Council of the City of
of Edgewater, Florida. Approved as to form Edgewater at a meeting held on this 7`h day of
and legality by: Aaron R. Wolfe, Esquire August, 2017 under Agenda Item No. 8
City Attorney
Doran, Sims, Wolfe&Ciocchetti
Seugh-passages are deleted. 8
Underlined passages are added.
2016-0-51
EXHIBIT 'A'
LEGAL DESCRIPTION
A PART OF SECTIONS 17 AND 20, TOWNSHIP 18 SOUTH, RANGE 34 EAST,VOLUSIA
COUNTY,FLORIDA, DESCRIBED AS FOLLOWS:
FROM THE NORTHWEST CORNER OF SAID SECTION 17, RUN S.00°19'17" W, ALONG
THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 1404.44 FEET TO THE POINT
OF BEGINNING; THENCE DEPARTING SAID WEST LINE, RUN N.79°26'18"E., A
DISTANCE OF 2782.81 FEET TO THE WEST RIGHT OF WAY LINE OF INTERSTATE •
NO. 95 (STATE ROAD NO. 9), A 350 FOOT RIGHT OF WAY; THENCE RUN ALONG
SAID WEST RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES;
S.22°11'56"E., A DISTANCE OF 2796.77 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT, HAVING A RADIUS OF 8417.78 FEET, A CENTIRAL ANGLE
OF 07"1 1'03". A CHORD BEARING OF S.18°36'24"E., AND A CHORD DISTANCE OF
1054.77 FEET; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE A
DISTANCE OF 1055.46 FEET TO THE POINT OF TANGENCY; THENCE S.15°00'53"E., A
DISTANCE OF 3633.91 FEET TO THE NORTH LINE OF THE CHARLES SIBBALD
GRANT, SECTION 47, TOWNSHIP 18 SOUTH, RANGE 34 EAST, VOLUSIA COUNTY,
FLORIDA, ALSO BEING THE NORTH LINE OF THE ASSESSORS SUBDIVISION OF
THE CHARLES SIBBALD GRANT, RECORDED IN MAP BOOK 3, PAGE 151 , OF THE
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE DEPARTING SAID
WEST RIGHT OF WAY LINE, RUN S.79°00'40"W., ALONG THE NORTH LINE OF SAID
CHARLES SIBBALD GRANT, AND SAID ASSESSOR'S SUBDIVISION OF THE
CHARLES SIBBALD GRANT, A DISTANCE OF 1808.41 FEET; THENCE DEPARTING
SAID NORTH LINE, RUN S.89°29'08"W., PARALLEL TO THE NORTH LINE OF SAID
SECTION 20, A DISTANCE OF 3245.10 FEET TO THE WEST LINE OF SAID SECTION 20;
THENCE N.00°17'16"W., ALONG SAID WEST LINE, A DISTANCE OF 3067.20 FEET TO
THE NORTHWEST CORNER OF SAID SECTION 20; THENCE N.00°54'04"W., ALONG
THE WEST LINE OF SAID SECTION 17, A DISTANCE OF 2650.1 7 FEET; THENCE
N.00°19'17" E. , ALONG SAID WEST LINE, A DISTANCE OF 1245.74 FEET TO THE
POINT OF BEGINNING.
Strike ems-passages are deleted. 9
Underlined passages are added.
2016-0-51
i
EXHIBIT "B"
�i \ �, S
11 Xt
DIAN.-
_ - -� RIVER BLVti---
1 i MI
-' ---- vfin \---A
Ailiqn
\\ ....:---- ,
1
z.
Z
fr/r" 0,
/\
''\ Ili..
�I
' \\ k :-.0
wis
tr. : ArER . /// 1 ,
®Sua•«Property A
Stfike-thfetigh-passages are deleted. 10
Underlined passages are added.
2016-0-51