2003-O-10
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ORDINANCE NO. 2003-0-10
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18 AS AMENDED, BY AMENDING THE OFFICIAL
FUTURE LAND USE MAP FROM COUNTY URBAN LOW
INTENSITY TO CITY LOW DENSITY RESIDENTIAL FOR
PROPERTY LOCATED AT 117 PALM BREEZE DRIVE,
EDGEW A TER, 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:
I. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
submitted an application requesting a Comprehensive Plan Amendment for property owned by
Charles and Catherine Labossiere. The subject property is located at 117 Palm Breeze Drive,
Edgewater, Florida and contains approximately .30i acres. The requested Amendment would
change the Future Land Use Map designation from County Urban Low Intensity to City Low
Density Residential for the property described herein.
2. In a letter dated March 13,2003, the Planning Department notified the owners by
mail of the property of the pending Amendment for their property.
3. On April 9,2003, 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 6 to 0,
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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 Edge water, 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 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
Comprehensive Plan.
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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 Brown and Second by Councilman Hammond, 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 Councilman Hammond
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.
ATTEST:
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: o�Ga�
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 5""
day of May, 2003 under Agenda Item No.
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EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the South line ofU. S. Lot 6, Section 2, Township 18 South, Range
34 East, and the Easterly Right-of-Way line ofU. S. Highway No.1; thence North 26041'40" West
140 feet along the said Right-of-Way line; thence North 77009'50" East 783.78 feet for the point of
beginning; thence North 77009'50" East 80 feet; thence South 8014'50" East 165.95 feet; thence
South 85012'50" West 80.02 feet; thence North 8011'50" West 154.71 feet to the point of beginning.
The Southerly 25 feet of the herein described property subject to an easement for access.
Together with the right to use of the following described easement. Beginning at the intersection
of the South line of D. S. Lot 6, Section 2, Township 18 South, Range 34 East and the Easterly
Right-of-Way line ofD. S. Highway No.1; thence South 89056'40" East 99.09 feet; thence North
77009'50" East 489.62 feet; thence North 85012'50" East 463.92 feet; thence South 25018'40" East
164.21 feet to the South line of said U. S. Lot 6; thence South 89056'40" East 17.29 feet along the
South line of said U. S. Lot 6; thence North 64041'20" East 34.38 feet; thence North 25018'40" West
360 feet; thence North 64041'20" East 174.62 feet; thence North 25018'40' West 36.55 feet; thence
South 64041'20" West 209 feet; thence South 77009'50" West 16 feet; thence South 25018'40" East
175 feet; thence South 85012'50" West 448.72 feet; thence South 77009'50" West 487.50 feet; thence
North 89056'40" West 118.65 feet to the Easterly Right-of-Way line ofU. S. Highway No.1; thence
South 26041'40" East 55.99 feet along the said Easterly Right-of-Way line ofD. S. Highway No.
1 to the Point of Beginning. (Parcel #8402-00-00-0340)
Containing .30i:: acres more or less.
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