2003-O-28
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ORDINANCE NO. 2003-0-28
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
URBAN MEDIUM DENSITY AND COMMERCIAL TO CITY
LOW DENSITY RESIDENTIAL WITH CONSERV A TION
OVERLAY FOR PROPERTY LOCATED EAST OF U. S.
HIGHWAY NO.1 AND SOUTH OF HIBISCUS ROAD AND
WEST OF POINCIANA ROAD (PARCEL ID #8448-00-00-
0090), 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. Dupuis and Jacobs at Edgewater, LLC are the owners of certain real property located
East of U.S. Highway #1, South of Hibiscus Road and West of Poinciana Road, Volusia County,
Florida. Subject property contains approximately 6.85 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 Urban Medium
Density and Commercial to City Low Density Residential with Conservation Overlay for the
property described herein.
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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.
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 163.3187(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 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 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 Low Density Residential 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).
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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 1.5.4 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.
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PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, 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:
L~~-..
Susan J. adsworth
City Clerk
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 EDGEW A TER, FLORIDA
By:9~
Donald A. Schmidt
Mayor
~~/jJ~lo"K
Robin . Matusick - ~
Legal AssistantlParalegal
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 following described real property all lying and being in the County of V olusia and State of
Florida.
That part of the South 630 feet of the West 840 feet, East of U. S. No.1 Highway of the North
52.465 chains (3462.69 feet) of the JANE MURRAY GRANT, in Sections 48 and 49, Township 18
South, Range 34 East, more particularly described as follows:
Commence at a concrete monument being located on the South line of the North 54.465 chains of
the said JANE MURRAY GRANT and the East R/W ofU. S. Highway No.1, a 158 foot R/W as
now monumented; thence N 690 05' 51" E, a distance of 328.56 feet for the POINT OF
BEGINNING; thence N 220 50' 16" W, a distance of21 0.26 feet; thence S 690 05' 04" W, a distance
of 128.17 feet; thence N 220 48' 19" W, a distance of210.21 feet; thence N 690 02' 58" E, a distance
of99.82 feet; thence N 220 46' 43" W, a distance of210.53 feet to the Southwest comer of Canal
Drive, a 50 foot right-of-way as now laid out; thence N 680 49' 18" E, along the Southerly right-of-
way of said Canal Drive, a distance of448.20 feet; thence S 220 50' 24" E, along the Westerly right-
of-way of said Canal Drive and its Southerly prolongation, a distance of 632.62 feet; thence S 690
00' 56" W, a distance of 420.26 feet to the Point of Beginning.
Containing 6.85 acres more or less.
Parcel #8448-00-00-0090.
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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
2003-0-28
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
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 17th day
of November, 2003 under Agenda Item No.
(F ,