2005-O-12ORDINANCE NO. 2005-0-12
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 PROPERTY
LOCATED NORTH OF 3725 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:
Brent Jones and Thomas Vardell of Edgegate, LLC dba U-Sto-It Mini Storage are
the owners/applicants for property located north of 3725 South Ridgewood Avenue, Edgewater,
Florida. Subject property contains approximately .32 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. Therequested
Amendment would change the Future Land Use Map designation from County Commercial to City
Commercial for the property described herein.
On April 13, 2005, 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 April 18, 2005, 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 May 2,2005, 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 16,2005, 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 5, 2005.
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 City 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 states that
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intensive commercial and industrial land uses shall be buffered from low density residential areas.
This will be accomplished by locating less intensive transitional uses in between, or by visual
buffering with berms, trees, or other methods to be included in the Land Development Code as
deemed appropriate by the City.
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.
PARTF.
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.
PARTG.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
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PART H. ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on May 2,2005 is 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
After Motion by Councilwoman Lichtemd Second by Councilman Vincenzi
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt ~
Councilman James P. Brown ~
Councilman Dennis Vincenzi ~
Councilwoman Harriet E. Rhodes '"
Councilwoman Judy Lichter ~
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PASSED AND DULY ADOPTED this 16th day of May, 2005.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robit atusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of May, 2005 under Agenda Item No. 6a
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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.
Lots 1 and 2, RE-SUBDIVISION WATER WAY PARK SECTION 1, according to the plat thereof
as recorded in Map Book 19, Page 269, of the Public Records of Vol usia County, Florida.
Containing .32 ::!:: acres more or less.
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