2018-O-18 ORDINANCE NO.2018-0-18
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 URBAN LOW INTENSITY TO CITY
LOW DENSITY RESIDENTIAL WITH CONSERVATION
OVERLAY FOR 60.68f ACRES OF CERTAIN REAL
PROPERTY LOCATED SOUTHEAST OF S.R. 442 (INDIAN
RIVER BOULEVARD) AND AIR PARK ROAD,
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, SEVERABILFFY 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),
on Wednesday, July 11, 2018,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 1, 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 Residential 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 hewing 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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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 Councilwoman Power with Second by Councilwoman Vogt,
the vote on the first reading of this ordinance held on August 6, 2018 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
y, _40After Motion to approve by jw ,a-r, a 0,.7 . Second by, -
40
CaArlr� UAA,lo, the vote on the second reading/public hearing of
this ordinance held on C�n� ,1 ,2018 was as follows:
AYE NAY
Mayor Mike Ignasiak v
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilwoman Megan O'Keefe --sl
Councilman Gary T. Conroy0410
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PASSED AND DULY ADOPTED this—!Vday of 0�yG&�h
2018.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGE
WATER,FLORIDA
Robin LC Matusick Mike Ignasia
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 Ed iter at a meeting held on this day
and legality by: Aaron R. Wolfe, Esquire of C.ZI 1 2018
City Attorney under Agenda Item No- 8
—61
Doran,Sims, Wolfe&
Ciocchetti
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EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Lot 23 and Lot 24,MODEL LAND COMPANY SUBDIVISION, as shown on map
recorded in Map Book 5, Page 187, of the Public Records of Volusia County, Florida; AND A
portion of Lots l2, 13, 14, l5, 16 and 28; all of Lots 29, 30, 31 and 32; a portion of Lot 238; all
of Lots 239 through 253, inclusive; a portion of Lots 264 through 272, inclusive, and all of Lots
273 through 279,inclusive,ASSESSOR'S SUBDIVISION OF THE SAMUEL BETTS GRANT,
as shown on map recorded in Map Book 3, Page 153, of the Public Records of Volusia County,
Florida.
AND a portion of a vacated platted 30 foot road as shown on ASSESSOR'S SUBDIVISION OF
THE SAMUEL BETTS GRANT, Map Book 3, Page 153, and also shown on MODEL LAND
COMPANY'S SUBDIVISION, Map Book 5, Page 187, Public Records of Volusia County,
Florida.
ALL lying southerly of State Road No. 442, lying westerly of the west line of Pinedale Road, a
50-foot right-of-way, and its southerly prolongation; lying northerly of a line 800 feet north of
and parallel with the north line of Florida Shores Unit No. 15,as shown on map recorded in Map
Book 19, Page 216, Public Records of Volusia County, Florida; and lying easterly of Air Park
Road,a 50-foot right-of-way as now laid out.
EXCLUDING Florida Department of Transportation Parcel 107, Part"A", being proposed right-
of-way taking for State Road No. 442, and EXCLUDING Florida Department of Transportation
Parcel 107, Part "B", being that portion labeled "Water Retention Area" , as shown on Florida
Department of Transportation Right-of-Way Map of state Road No. 442, Section 79210-2504,
Sheet 16 of 21. The subject parcel being further described as follows: Commence at a 1/2-inch
iron pipe(no identification)marking the southeast comer of the Samuel Betts Grant, Section 38,
Township 18 South, Range 34 East, Volusia County, Florida, being Florida Department of
Natural Resources Certified Comer Record No. 0049158, also being the southeast comer of the
Model Land Company's Subdivision, as shown on map recorded in Map Book 5, Page 187,
Public Records of Volusia County,Florida;thence S 69034'10" West,along the south line of said
Model Land Company's Subdivision, a distance of 1950.07 feet to the existing easterly right-of-
way of Air Park Road, a 50- foot right-of-way as now laid out;thence N 23027'56" W,along said
easterly right-of-way, a distance of 1245.95 feet to a point on the north line of Lot 22, said
Model Land Company's Subdivision, for the POINT OF BEGINNING; thence continue N 23027
'56" W, along said easterly right-of-way, a distance of 30. 04 feet to the southeast comer of Lot
40,Assessor's Subdivision of the Samuel Betts Grant,as shown on map recorded in Map Book 3,
Page 153, Public Records of Volusia county, Florida; thence N 2101918" W, along the east line
of said Lot 40 and its northerly Prolongation, a distance of 636.72 feet to said existing easterly
right-of-way of Air Park Road; thence N 07023'13" W, along said easterly right-of-way, a
distance of 204.22 feet; thence N 00°45'00" W, along said easterly right-of-way, a distance of
275.88 feet; thence N 14°49 '56" W, along said easterly right-of-way, a distance of 267. 33 feet
to the south line of Florida Department of Transportation Parcel 107, Part "A", being the
proposed southerly right-of-way of State Road No. 442; thence N 68048'54" E, along said
proposed southerly right-of-way a distance of 764.30 feet; thence N 21012 '16" W. along said
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proposed southerly right-of-way a distance of 4.50 feet; thence N 68048 '54" E, along said
proposed southerly right-of way,a distance of 675. 47 feet to the westerly line of Pinedale Road,
a 50 foot roadway; thence S 21010' 59" E, along the westerly line of said Pinedale Road and its
southerly prolongation, a distance of 1901.02 feet to a point on a line being 800 feet north of and
parallel with the north line of Florida Shores Unit No. 15, as shown on map recorded in Map
Book 19, Page 216, Public Records of Volusia County, Florida; thence s 68048'12" W, parallel
with said north line of Florida Shores Unit No. 15,a distance of 919.60 feet to the easterly line of
Florida Department of Transportation Parcel 107, Part "B", being that portion labeled "Water
Retention Area", as shown on Florida Department of Transportation Right-of-Way Map of State
Road No.442, Section 79210-2504, Sheet 16 of 21; thence N 2100418" W, along the east line of
said Parcel 107, Part "B" and its northerly prolongation, a distance of 497.37 feet to a point on
the north line of Lot 23, said Model land Company's Subdivision; thence s 69038'48" W, along
said north line of Lot 23 and the north line of Lot 22, said Model Land Company's Subdivision, a
distance of 693.06 feet to the Point of Beginning.
Containing 63t acres more or less and being in Volusia County,Florida
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EXHIBIT `B"
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