2004-O-32
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ORDINANCE NO. 2004-0-32
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY LOCATED SOUTH AND EAST OF
OLD MISSION ROAD, NORTH OF THE FLORIDA EAST
COAST ("FEC") RAILROAD, SOUTH AND EAST OF
MISSION OAKS MOBILE HOME CONDO, EDGEWATER,
FLORIDA AS LOW DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY AND CONSERVATION;
PROVIDING FOR PUBLICATION; PROVIDING FOR
HOLDING PUBLIC HEARINGS; PROVIDING FOR
TRANSMITTING THIS COMPREHENSIVE PLAN
AMENDMENT TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, VOL USIA COUNTY, THE
REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, THE DEPARTMENT
OF ENVIRONMENT AL PROTECTION, THE FLORIDA
DEPARTMENT OF TRANSPORT A TION 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 FOR 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, the proposed Amendment will allow a maximum of 450 single family
residential units as defined in the Planned Unit Development (PUD) Agreement for the Oak Leaf
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Preserve Subdivision.
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
and Rule 9J-ll, F.A.C.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency,
held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2003),
on Wednesday, October 13, 2004, on the proposed Plan Amendment and following that Public
Hearing voted and recommended that the City Council approve the aforesaid Amendment to the
City's 2003 Comprehensive Plan; and
WHEREAS, the City Council feels it is in the best interests of the citizens of the City of
Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , FLORIDA:
PART A.
AMENDMENT.
That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented said Article adopting the Comprehensive Plan of the City of Edge water,
Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be,
and the same is hereby amended by this plan map amendment to: Amend the Official Future Land
Use Map to include property as Low Density Residential with Conservation Overlay and
Conservation for property described in Exhibits "A" and "B".
PART B.
PUBLICA TION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2003). The City Council shall
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hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment.
The first publication shall appear at least SEVEN (7) days before the first Public Hearing
(Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2003). The second publication shall appear
at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2.,
Fla. Stat. (2003). The required advertisement shall be no less than two columns wide by TEN inches
(10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall
be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion ofthe
newspaper where legal notices and classified advertisements appear. 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 oflimited 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. 163.3184 (15) (c) 2.b., Fla. Stat. (2003). 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. 2004-0-32
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY LOCATED SOUTH AND EAST OF
OLD MISSION ROAD, NORTH OF THE FLORIDA EAST
COAST ("FEC") RAILROAD, AND EAST OF MISSION OAKS
MOBILE HOME CONDO, EDGEW ATER, FLORIDA AS LOW
DENSITY RESIDENTIAL WITH CONSERV A TION
OVERLAY AND CONSERVATION; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
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COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORT A TION 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 FOR AN EFFECTIVE
DATE.
A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be
held on October 18,2004 at 7 :00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater,
Florida 32132.
(map for insertion into the advertisement is attached hereto and
incorporated herein as Exhibit "R")
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. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2003).
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 2003
Comprehensive Plan, the City Council shall hold at least two advertised public hearings 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 (15) (b), Fla. Stat. It shall be held on a
weekday at least 7 days after the day that the first advertisement is published. 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
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that the second advertisement is published. 163.3184, Fla. Stat. (2003). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs 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
SIX (6) copies of the proposed Plan Amendment to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance with Rule 9J-ll.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment
to the V olusia Growth Management Commission, V olusia 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 oflocal 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. 163.3184 (3) (a), Fla. Stat. (2003) and Rule 9J-l1.006, F.A.C.
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
Department of Community Affairs. 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, Vol usia County, Regional Planning Council, the St.
Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2003) &
Rule 9J-l1.011 (3), F.A.C.
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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.
That this ordinance shall become effective upon its final adoption; and either the Department
of Community Affairs entering a final order finding this Comprehensive Plan Amendment in
compliance, or the Administration Commission entering a final order finding that this
Comprehensive Plan Amendment has been brought into compliance.
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.
PART H. ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
first reading of this ordinance held on October 18, 2004 is as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown X
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Councilman Dennis A. Vincenzi ABSENT
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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After Motionby Councilwoman Lichter and Secondby Councilman Brown
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet E. Rhodes Absent
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 7th day of March, 2005.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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CITY COUNCIL OF THE
CITY OF EDGE/WJAATER, FLORIDA
By:
Donald A. Schmidt
Mayor
I J\'l n 4Y
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this Sth day of
March, 2005 under Agenda Item No. 6 -c
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Phase I -
Parcel A -
A portion oflands described in O.R. Book 2300, Pages 1740 - 1748 together with lands described
in O. R. Book 3012, Page 0445 and O. R. Book 2510, Page 1873, inclusive in the Public Records
of V olusia County, Florida, said lands being a portion of Lots 11, 12 and 13, Map of the South Third
of Ambrose Hull Grant, according to the plat thereof, as recorded in Plat Book 4, Page 199, and in
Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat Book 16, Page 165, inclusive in
the Public Records of Vol usia County, Florida, lying in Section 53, Township 17 South, Range 34
East and Section 36, Township 17 South, Range 33 East, of said Volusia County, being more
particularly described as follows:
Commence at the Northeast comer of said Lot 12, said point also being the Southeast comer of
Mission Oaks Condominium, according to the plat thereof as recorded in Plat Book 38, Pages 181 _
184, of the said Public Records of Vol usia County; thence South 690 07' 59" West along the North
line of said Lot 12 and the South line of said Mission Oaks, a distance of 1,195.01 feet to the West
line of the East 1,195 feet of said Lot 12, said point being the POINT OF BEGINNING; thence
South 210 02' 59" East along the said West line of the East 1,195 feet, a distance of 1,224.26 feet
to a point lying 1,250 feet (by perpendicular measurement) from the North Right-of-Way line of
Massey Road ( a 50 foot wide County Road Right-of- Way lying North of and adjacent to the Florida
East Coast Rail Road Right-of-Way); thence South 67053' 13" West parallel to said Massey Road,
a distance of 545.09 feet to the West line of the East 1,740 feet of said Lots 12 and 13; thence South
21002' 59" East along said West line of the East 1,740 feet of said Lots 12 and 13, a distance of
250.04 feet to a point lying 1,000 feet (by perpendicular measurement) from the said North Right-of-
Way line of Massey Road; thence North 670 53' 13" East parallel to said Massey Road, a distance
of 817.64 feet to the West line of the East 922.5 feet of said Lot 13; thence South 21002' 59" East
along said West line of the East 922.5 feet of said Lot 13, a distance of 1,000.17 feet to the said
North Right-of-Way line of Massey Road; thence South 67053' 13" West along said North Right-of-
Way line, a distance of 2,546.83 feet to the Southeast comer (as presently monumented and
occupied) oflands described in O. R. Book 1871, Page 1900, of the said Public Records of Vol usia
County; thence North 09059' 35" West along the East line (as presently monumented and occupied)
of said O. R. Book 1871, Page 1900, a distance of295.75 feet; thence North 18029' 09" West along
the said East line (as presently monumented and occupied) of said O. R. Book 1871, Page 1900, a
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distance of99.60 feet to the Northeast corner of said O. R. Book 1871, Page 1900 and the Southeast
corner of lands described in O. R. Book 3944, Page 4176, of the said Public Records of V olusia
County (as presently monumented and occupied); thence North 23039' 17" West along the East line
of said O. R. Book 3944, page 4176 (as presently monumented and occupied), a distance of 411.74
feet to the Northeast corner of said O. R. Book 3944, Page 4176 (as presently monumented and
occupied); thence North 120 37' 56" West along the Southerly extension of the East line (as
presently monumented and occupied) oflands described in O. R. Book 4556, Page 2163, ofthe said
Public Records of Vol usia County, a distance of 622.05 feet to the Northeast corner (as presently
monumented and occupied) of said O. R. Book 4556, Page 2163 said point also being the Southeast
corner (as presently monumented and occupied) oflands described in O. R. Book 2908, Page 0549,
of the said Public Records of V olusia County; thence run along the East line (as presently
monumented and occupied) of said O. R. Book 2908, Page 0549 for the following four calls:
North 10004' 20" East, a distance of 121.37 feet; thence North 06001' 02" East, a distance of 147.71
feet; thence North 04004' 43" East, a distance of 108.48 feet; thence North 090 41' 55" West, a
distance of 14.86 feet to the Northeast corner of said O. R. Book 2908, Page 0549; thence South 580
09' 00" West along the North line and it's Westerly extension of said O. R. Book 2908, Page 0549,
a distance of639.41 feet to the proposed East Right-of-Way line of Old Mission Road (as shown
on Volusia County Right-of-Way Map Project #4338); and North 13023' 09" West along the said
proposed East Right-of-Way line, a distance of295.77 feet to a point on the Westerly extension of
the South line of lands described in O. R. Book 3257, Page 0922, of the said Public Records of
Volusia County; thence North 610 10' 44" East along said Westerly extension and the South line (as
presentlymonumented and occupied) of said O. R. Book 3257, Page 0922, a distance of642.28 feet
to the Southeast corner (as presently monumented and occupied) of said O. R. Book 3257, Page
0922; thence North 13028' 46" West along the East line (as presently monumented and occupied)
of said O. R. Book 3257, Page 0922, a distance of 502.14 feet to a point on the said South line of
said Mission Oaks and the North line of said Lot 12; thence North 69007' 59" East along said South
and North line, a distance of 1,847.56 feet to the POINT OF BEGINNING.
Containing 127.099 i: acres, more or less.
Phase I - Parcel B - Is the Road Right-of-Way containing 4.078 i: acres more or less that is NOT
included in the annexation.
Phase 2 -
Lands described in O. R. Book 2319, Page 1957, of the Public Records of Vol usia County, Florida.
Less and Except: Mission Oaks, Phase One and Three B, according to the Declaration of
Condominium, as recorded in O. R. Book 2417, Page 1341, of the said Public Records of V olusia
County. Said lands also being described as Phases Two and Three A, Mission Oaks, according to
the Condominium Book 33, Pages 131 - 134, of the said Public Records of Vol usia County, Florida,
being more particularly described as follows:
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Beginning at the Southeast comer of said Mission Oaks, said point also being the Northeast comer
of Lot 12, Map of the South Third of Ambrose Hull Grant, according to the Plat thereof, as recorded
in Plat Book 4, Page 199, and in Plat Book 16, Page 134, and in Plat Book 5, Page 54, and in Plat
Book 16, Page 165, inclusive of the said Public Records of Vol usia County, said point being the
POINT OF BEGINNING; thence South 690 07' 59" West along the North line of said Lot 12, a
distance of2,053.60 feet; thence run along the East line of Phase One of said Mission Oaks for the
following five calls:
North 200 52' 01" West, a distance of 420.00 feet; thence North 690 07' 59" East, a distance of
220.00 feet; thence North 200 52' 01" West, a distance of 330.00 feet; thence South 690 07' 59"
West, a distance of220.00 feet; thence North 20052' 01" West, a distance of270.73 feet; thence
North 690 11' 24" East along the North line of said Mission Oaks, a distance of2,050.60 feet to the
East line of said Mission Oaks; thence South 210 02' 09" East along the East line of said Mission
Oaks, a distance of 1,018.70 feet to the POINT OF BEGINNING.
Containing 46.372:i: acres more or less.
For a total of 173.471:i: acres more or less.
Map of subject properties are reflected on Exhibit "B" and incorporated herein.
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