2017-O-30 ORDINANCE NO. 2017-0-30
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 LOW IMPACT URBAN TO CITY LOW
DENSITY TRANSITION WITH CONSERVATION
OVERLAY FOR 63± ACRES OF CERTAIN REAL
PROPERTY LOCATED EAST OF SOUTH GLENCOE
ROAD AND SOUTH OF LAKE WATERFORD ESTATES,
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 a Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2016),
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2017-0-30
on Wednesday, July 12,2017, 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 I T 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, implementing 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 with Conservation
Overlay 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, Florida Statutes (2016).
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 pursuant to 163.3184, Florida Statutes
(2016).
PART D. TRANSMITTAL OF AMENDMENTS TO PLAN.
The City Manager or his designee shall transmit the plan amendment pursuant to
163.3184,Florida Statutes(2016).
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2017-0-30
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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2017-0-30
PART H. ADOPTION.
After Motion to approve by Councilman Blazi with Second by Councilman Conroy, the
vote on the second reading/public hearing of this ordinance held on August 7, 2017 was as
follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power EXCUSED
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
After Motion to approve by (--t.C.t.€� 6--e .--Pci , Second by,
Qaz_a) c,i
frIc 'l the vote on the second reading/public hearing of
this ordinance held on(%2.9 53 , 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power �+
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy
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2017-0-30
PASSED AND DULY ADOPTED thisrvi day ofd A 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
I
By: � 4'
Robin L. Matusick Mike Ignasiak V
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 day
and legality by: Aaron R. Wolfe, Esquire ofC0,2` c) , 2017
City Attorney under Agenda Item No. 8
Doran, Sims, Wolfe &
Ciocchetti
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2017-0-30
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 1;
The North one-half(1/2)of the Northwest one-quarter(1/4)of the Southwest one-quarter(1/4), lying East
of South Glencoe Road, Section 36, Township 17 South, Range 33 East,Volusia County, Florida.
Parcel 2:
The West six (6) chains of the East twenty-six (26) chains of Lot 2, Section 36, Township 17 South,
Range 33 East,also being described as follows;
Beginning at a point in the South line of Lot 2, Section 36, Township 17 South, Range 33 East,a distance
of 1320 feet due West from the West line of the Ambrose Hull Grant; thence from described point still
along the South line of said lot due West 396 feet;thence due North 1320 feet to the North line of said lot;
thence due East along the same, 396 feet; thence South along land sold recently to Conner, 1320 feet to
the place of beginning.
Parcel 3;
Beginning at the Southeast Comer of Lot 2, Section 36, Township 17 South, Range 33 East; thence
Westerly along the South line of said Lot 2, a distance of 1320 feet; thence North 1320 feet to the North
line of said Lot 2; thence East along the North line of said Lot 2 to the Northeast corner thereof, thence
South 23 degrees East along the East line of said Lot 2 to the Point of Beginning; also known as the
Easterly 32 acres more or less of Lot 21 Section 36,Township 17 South.Range 33 East.
Parcel4;
Lot 1, CHILTON HOMESTEAD, according to the plat thereof as recorded in Map Book 3, Page 54,
Public Records of Volusia County, Florida.
AND
Commence at the Northeast Corner of U.S. Lot 2, Section 36, Township 17 South, Range 33 East as
shown on the plat of Lake Waterford Estates Unit II as recorded in Map Book 45, Pages 141 and 142 of
the Public Records of Volusia County, Florida; thence South 23 degrees 29'42" East along the East line
of said Section 36, Township 17 South, Range 33 East as shown on said plat of Lake Waterford Estates
Unit II, a distance of 64.64 feet for the Point of Beginning; thence North 58 degrees 03' 37" East, a
distance of 99.14 feet to the West line of Block D, Lovejoy's and Subdivision as recorded in Map Book 8,
Page 125 of the Public Records of Volusia County, Florida as monumented and described in Official
Records Book 5167, Page 0028, Public Records of Volusia County, Florida; thence South 23 degrees 29'
03" East along the aforementioned line, a distance of 12.54 feet; thence continue along said West line of
Block D South 22 degrees 16' 09" East;a distance of 844.42 feet;thence continue along said West line of
Block D South 10 degrees 44' 51" East,a distance of 208.42 feet to the South line of said Lovejoy's 2nd
Subdivision,also being the South line of the Middle 1/3 of the AMBROSE HULL GRANT;thence South
69 degrees 13' 39" West along the aforementioned line, a distance of 1.74 feet to the West line of the
AMBROSE HULL GRANT per Boundary Line Agreement dated March 15, 2017; thence North 25
degrees 15'47" West along the aforementioned line,a distance of 1045.91 feet to the Point of Beginning.
Containing 63±acres more or less and being in Volusia County,Florida
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2017-0-30
EXHIBIT "B"
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2017-0-30
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