2010-O-05ORDINANCE NO. 2010-045
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 FROM COUNTY
COMMERCIAL TO CITY COMMERCIAL FOR 2.15 ACRES
OF PROPERTY LOCATED AT 2798 SOUTH RIDGEWOOD
AVENUE, EDGEWATER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, 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, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Derek Oberschall of CSC Properties, Inc. has applied on behalf of Lary John Sefton,
Cynthia E. Mock and Christopher D. Scott, owners for properly located at 2798 South Ridgewood
Avenue, Edgewater, Florida. Subject property contains approximately 2.15+ acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
owners/applicant are requesting a Comprehensive Plan Amendment for the subject property. The
requested Amendment would change the Future Land Use Map designation from County
Commercial to City Commercial for the property described herein.
3. On January 13, 2010, 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 6 to 0,
recommended that the City Council approve the request.
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4. The Legal Department notified by mail the owners 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 and the public hearing scheduled for May 17, 2010.
5. On March 15, 2010, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on May 17, 2010, 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 6, 2010.
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, said Article adopting the Comprehensive Plan of the City of Edgewater,
Florida regulating and restricting the use of lands 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 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).
2
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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 1.8.2 of the Future Land Use Element states "In order to
reduce land use conflicts and for efficient public service provision, the City shall investigate and
where feasible, annex all enclaves as soon as possible."
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(1)(c)2, Florida Statutes (2009), 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, 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.
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PART G. EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion to approve by Councilman Cooper with Second by Councilwoman
Rogers, the vote on the first reading of this ordinance held on March 15, 2010, was as
follows:
AYE NAY
Mayor Mike Thomas
X
Councilwoman Debra J. Rogers
X
Councilwoman Gigi Bennington
X _
Councilwoman Harriet B. Rhodes
X
Councilman Ted Cooper
X
After Motion to approve by
R with Second by
l nu nn the vote on the second reading/public hearing of this ordinance held
on May 17, 2010, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet B. Rhodes
b--o'-+
Councilman Ted Cooper
_n
4
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n
PASSED AND DULY ADOPTED this 17th day of May, 2010.
ATTEST:
`Y)f)nrA 10. ( I ) (yta�
Bonnie Wenzel (i
City Clerk
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, Sims,Wolfe, Ansay,
Kundid & Birch
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CITY COUNCIL OF THE
CITY OFEDGEWATER,EWRIDA
W IF
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I11
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of May, 2010 under Agenda Item No. 8g.
EXHIBIT'A*
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
I I IXT8916LFi
That portion of the North 231 feet of the South 462 feet of U.S. Government Lot 2, Section 1,
Township 18 South, Range 34 East and that part of the North 231 feet of the South 462 feet of the
Southeast %4 of the Southeast %4 of Section 2, Township 18 South, Range 34 East, Volusia County,
Florida, lying Westerly of U.S. Highway No. 1, Being more particularly described as follows:
Begin at the Southeast comer of the North 231 feet of the South 462 feet of the Southeast'/4 of the
Southeast %4 of said Section 2; thence North 89' 13'28" East, along the South line of the North 231
feet of the South 462 feet of the aforesaid U.S. Government Lot 2, Section 1, Township 18 South,
Range 34 East, a distance of It 3.67 feet to the West Right -of -Way of U.S. Highway No. 1 (State
Road 5); thence North 16°01'53" West, along said West Right -of -Way, a distance of 242.51 feet to
the North line of the North 231 feet of the South 462 feet of said U.S. Government Lott; thence
South 89031' I S" West, along said North line, and the North line of the aforesaid North 231 feet of
the South 462 feet of the Southeast %4 of the Southeast %4 of Section 2, a distance of 400.00 feet;
thence departing said North line, South 15°59'39" East, 243.05 feet to the South line of the North
231 feet of the South 462 feet of the Southeast 'A of the Southeast'/4 of said Section 2; thence North
89*31'37" East, along said South line, a distance of 286.34 feet to the Point of Beginning.
Containing 2.15 ± acres more or less
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