2007-O-11ORDINANCE NO. 2007-0-11
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP TO INCLUDE
CERTAIN PROPERTY COMPRISING 0.63± ACRES
LOCATED WEST OF 121 WEST MARION AVENUE,
EDGEWATER, FLORIDA AND AMEND FROM CITY
MEDIUM DENSITY RESIDENTIAL TO CITY
COMMERCIAL; PROVIDING FOR PUBLICATION,
HOLDING PUBLIC HEARINGS, TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE V OLUSIA
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 TRANSPORTATION 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, the City Council of the City of Edgewater, Florida, has made the following
determinations:
Halstead Resources, Inc., owner/applicant of property located West of 121 West
Marion Avenue, within Volusia County, Florida. Subject property contains approximately 0.63 +
acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
owner/applicant is requesting a Comprehensive Plan Amendment for the subject property. The
requested Amendment would change the Future Land Use Map designation from City Medium
Density Residential to City Commercial for the property described herein.
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3. On March 14, 2007, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
7 to 0, recommended that the City Council approve the request.
4. In a letter dated April 20, 2007 and Mayl7, 2007, the Legal Department notified the
owners by mail of the property and all property owners who own real property directly affected by
the proposed action within 300 feet of the subject property regarding the pending Amendment.
5. On May 7, 2007, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(l)(c), Florida Statutes, on June 4, 2007, the City
Council held a public hearing to consider the change in the Future Land Use Map designation after
publishing notice of such hearing in the Observer on Thursday, May 24, 2007,
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA:
PART A. AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNATION.
That 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,
and 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 Commercial for property described in the legal description contained in Exhibit "A" and
further located on the map as reflected in Exhibit "B" (which are attached hereto and incorporated
herein).
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PART B. FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.1.1 of the Future Land Use Element states "The City shall
maintain an adopted zoning matrix which shall establish zoning districts that correspond to specific
land use categories. The matrix shall further define allowable densities and intensities in each
zoning district."
PART C. AMENDMENT OF THE FUTURE LAND USE MAP.
The Development Services Director is hereby authorized and directed to amend the Future
Land Use Map of the Future Land Use Element of the Edgewater Comprehensive Plan to reflect the
change in the Future Land Use designation for the property described herein.
PART D. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(I)(c)2, Florida Statutes (2005), the Development Services
Director is hereby directed to report this action to the state land planning agency as required therein.
PART E. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
PART F. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competentjurisdiction, 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 circumstances by a court of competent jurisdiction, such
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holding shall not affect its applicability to any other person, property, or circumstance.
PART G. EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion for approval by Councilwoman Rhodes and Second by Councilwoman Lichter,
the vote on the first reading of this ordinance held on May 7, 2007 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
During the June 4, 2007 Council meeting a Motion was made by Councilwoman Rhodes
with Second by Councilwoman Lichter to continue the second reading/public hearing until June 18,
2007; by a vote of 5-0, motion was approved to continue.
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A
O
After Motion for approval bxounciiwoman LichtandSecond byCouncilwoman Rogera
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x
Councilman Debra Jean Rogers x
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes Absent
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 1 Sth day of June, 2007.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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CITY COUNC H
CITY OF D TE , FLORIDA
&YV
We -Thomas
ayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of June, 2007 under Agenda Item No.
7 ,
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
A portion of Lot 24, Mendell's Subdivision, as recorded in Map Book 3, Page 73, of the Public
Records of Volusia County, Florida, being more particularly described as follows:
Commence at the Southeast comer of Shangri-La Village, as recorded in Map Book 38, Page 104,
of the Public Records of Volusia County, Florida; thence run S 63°56'32" W along the South tine
of said Shangri-La Village, a distance of 274.84 feet for the Point of Beginning; thence S 28056'41"
E, a distance of 172.18 feet to the South line of said Lot 24; thence N 88°43'28" W along said South
line, a distance of 317.66 feet; thence North 28°56'41" W, a distance of 26.13 feet to the aforesaid
South line of Shangri-Law Village; thence N 63°56'3" E along said South line, a distance of 274.84
feet to the Point of Beginning.
Containing 0.63 ± acres more or less.
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