2003-O-25
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ORDINANCE NO. 2003-0-25
AN ORDINANCE OF THE CITY OF EDGEW A TER
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 PROPERTY
LOCATED AT 3725 U. S. HIGHWAY NO.1 (PARCEL ID
#8448-00-00-0091), EDGEWATER, FLORIDA; PROVIDING
FOR FINDINGS OF CONSISTENCY; AMENDING THE
FUTURE LAND USE MAP; PROVIDING FOR FILING WITH
THE FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS,
THE VOL USIA 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. Dupuis and Jacobs at Edgewater, LLC is the agent of record for Gregory N. and Rose
M. Hoffman who are the owners of certain real property located at 3725 US Highway No.1, in
V olusia County, Florida. Subject property contains approximately 1.46 acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
applicants 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 September 17,2003, 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, recommended that the City Council approve the request.
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4. In a letter dated October 17,2003, 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 November 3, 2003, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section l63.3l87(1)(c), Florida Statutes, on November 17,2003, 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, November 6, 2003.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW A TER , 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 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 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, specifically Policy 1.5.4 of the Future Land Use Element which addresses
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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 November 3, 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 Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
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PASSED AND DULY ADOPTED this 17th day of November, 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 EF E�DGEWAATEERR,, FLORIDA
By:f�/o�.�v[�7.
Donald A. Schmidt
Mayor
Robi . atu ick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of November, 2003 under Agenda Item No.
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EXHIBIT "A"
LEGAL DESCRIPTION
The Northerly 209.83 feet, as measured along the Easterly R/W of U.S. Highway No.1 of the
Southerly 629.78 feet of the Westerly 300 feet, East of said U. S. No.1 of the North 52.465 chains
of the Jane Murray Grant, in Sections 48 and 49 Township 18 South, Range 34 East, all lying East
of said U. S. Highway No.1 and being more particularly described as follows:
Commence at the concrete monument being located on the South line of the North line 52.465
chains of the said Jane Murray Grant and the East R/W ofU. S. Highway No.1, a 158 foot R/W as
nowmonumented, thence N 22054'41" W along said East R/W a distance of419.95 feet for the Point
of Beginning, thence continue N 22054'41" W, a distance of 209.83 feet to a PRM making the
Southwesterly comer of Lot 1 , Waterway Park Section 1, as recorded in Map Book 19, Page 269
of the Public Records of Vol usia County, Florida, thence N 68042'50" E, along the Southerly line
of said Lot 1 and its Easterly extension thereof, a distance of 300 feet thence South S 22054'29" E,
a distance of 21 0.23 feet thence S 68049'41" W, a distance of 300 feet to the Point of Beginning.
Containing 1.46 acres more or less.
Parcel #8448-00-00-0091.
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