2003-O-09ORDINANCE NO. 2003-0-09
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO.90-0-18 AS AMENDED, BY AMENDING THE OFFICIAL
FUTURE LAND USE MAP FROM COUNTY COMMERCIAL
TO CITY COMMERCIAL WITH CONSERVATION
OVERLAY FOR PROPERTY LOCATED ALONG THE WEST
SIDE OF U. S. HIGHWAY #1 AND SOUTH OF THE EAST
WIND SUBDIVISION (LOTS 1 THROUGH 17 INCLUSIVE,
THOMAS SUBDIVISION IN THE MURRAY GRANT),
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:
In aneffortto be consistent withthe City of Edgewater Comprehensive Plan, the City
submitted an application requesting a Comprehensive Plan Amendment for property owned by Bear
Cove #5, 6, & 7 Holding Trust, Willie G. Wood, John R. Merrick, Barbara J. Constable and Rosi
Forma. The subject property is located at the West side of U. S. Highway #1 and South of the East
Wind Subdivision, Edgewater, Florida and contains approximately 7.0± acres. The requested
Amendment would change the Future Land Use Map designation from County Commercial to City
Commercial with Conservation Overly for the property described herein.
2. In a letter dated February 20, 2003, the Planning Department notified the owners by
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mail of the property of the pending Amendment for their property.
3. On March 12, 2003, 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. On April 21, 2003, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
5. Pursuant to Section 163.3187(1)(c), Florida Statutes, on May 5, 2003, 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, April 23, 2003.
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 ofthe 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 Commercial with Conservation Overlay 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).
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
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Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which addresses
appropriate buffering between commercial and low density residential.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner 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 (2002), the Planning 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.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
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PART H. ADOPTION.
After Motion by Councilman Hammond and Second by Councilman Brown, the vote on the
first reading of this ordinance held on April 21, 2003 is as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes
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 Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter x
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PASSED AND DULY ADOPTED this 5th day of May, 2003.
For the use and reliance only by the City of
Edgewater, Florida Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By;a+t -0--lo (y
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5hh
day of May, 2003 under Agenda Item No.
&E,
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EXHIBIT "A"
LEGAL DESCRIPTION
Lots 1 to 17, inclusive, Thomas Subdivision in the Murray Grant, according to plat thereof recorded
in Map Book 8, Page 253 of the Public Records of Volusia County, Florida and being more
particularly described as follows:
Beginning at the intersection ofthe Northerly line of said Lot 1, and the Westerly RJW line of U.
S. Highway #1, a 158 foot RJW as now laid out; thence S 22056'22" E along the Westerly RJW line
of U. S. Highway #1, a distance of 1732.87 feet to the Southerly line of said Lot 17; thence S
69000'23" W along said Southerly line, a distance of206.09 feet to the Southwest comer of said Lot
17; thence N 21001'45" W along the westerly line of said Lots 1 through 17, inclusive, a distance
of 1731.74 feet to the Northwest comer of said Lot 1; thence N 68057'20" E along the northerly line
of said Lot 1, a distance of 148.33 feet to the Point of Beginning. Containing 7.0 acres more or less.
Containing 7.0i acres more or less.
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