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2005-O-17 ~ ..."", ORDINANCE NO. 2005-0-17 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 URBAN MEDIUM INTENSITY TO CITY LOW DENSITY RESIDENTIAL FOR PROPERTY LOCATED NORTH OF JONES FISH CAMP ROAD AND WEST OF THE INDIAN RIVER, EDGEW ATER, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT 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. River Colony, Inc., owner and applicant for property located North of Jones Fish Camp Road and West of the Indian River, within Volusia County, Florida. Subject property contains approximately 4.22 j: acres. 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 Intensity to City Low Density Residential for the property described herein. 3. On May 11, 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 2005-0-17 Stltlck thlOtlgh passages are deleted. Underlined passages are added. 1 ..,..... ....., 6 to 0, recommended that the City Council approve the request. 4. In a letter dated May 10, 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 ofthe subject property regarding the pending Amendment for the May 16,2005 City Council meeting. A notice letter was also mailed on June 30, 2005 for the public hearing to be held on July 18,2005. 5. On May 16,2005, the City Council considered on first reading the proposed change in the Future Land Use Map designation and July 18, 2005 for the public hearing. 6. Pursuant to Section 163.3187(1)( c), Florida Statutes, on July 18, 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, July 7,2005. 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 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). 2005-0-17 Stltlck t1uotl!;h passages are deleted. Underlined passages are added. 2 '-' ..."", 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 1.8.3 of the Future Land Use Element which states that new development proposed within the County in areas that are contiguous to the City shall be annexed into the City and developed to City standards as a condition for the extension of public utilities. 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 2005-0-17 St! tick tIll otlgh passages are deleted. Underlined passages are added. 3 '-' .."", circumstance. PARTG. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. PART H. ADOPTION. After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on May 16, 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 The second reading/public hearing of this ordinance held during the July 18, 2005 City Council meeting was continued until the August 1, 2005 City Council meeting. After Motion bYcOlII1C;' m.<ln T.; C'htpr 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 -1L Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter x 2005-0-17 Stt tick till otlg,h passages are deleted. Underlined passages are added. 4 0 0 PASSED AND DULY ADOPTED this 1 st day of August, 2005. ATTEST: 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 2005-0-17 Shuck Hi ottgh passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: 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 1st day of August, 2005 under Agenda Item No. 6 F '-" """"'" EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. A parcel ofland in Lots 35 and 36 and filled land lying East of Lot 36, RIVERFRONT ESTATES UNIT 2, as recorded in Map Book 19, Page 31 of the Public Records of Vol usia County, Florida, described as follows: Begin at the SW corner of Lot 35 RIVERFRONT ESTATES UNIT 2, as recorded in Map Book 19, Page 31 of the Public Records of V olusia County, Florida; thence along the Westerly line of said Lot 35, on an assumed bearing run N 22044'32" W, 319.82 feet; thence N 69016'01" E, 633.63 feet to a point on the existing shoreline of the Indian River North; thence along the meanders of said shoreline the following courses and distances, S 11051'56" E, 50.58 feet; thence S 04022'24" E, 62.38 feet; thence S 35002'40" W, 52.93 feet; thence S 02035'13" W, 88.75 feet; thence S 56049'20" E, 35.84 feet' thence S 16014'06" E, 50.88 feet; thence S 20024'24" E, 23.60 feet to a point on the South line of aforesaid Lot 36; thence along said South line of Lot 36 and the South line of Lot 35, S 69046'32" W, 535.15 feet to the POINT OF BEGINNING, TOGETHER WITH, any and all accretions, riparian and littoral rights appertaining thereto. Containing 4.22 ::i:: acres more or less. 2005-0-17 Stl tick till otlgh passages are deleted. Underlined passages are added. 6 \ \ \ \ \ \ ,,\ ,," " )~J~ u? ~ o 8 ... ~ it: t <1z ~ l :::J ts .c ,0 (3 .Q' . ~ ~~I ,," ,," I I I I " ....."" 0::: ....", '\j v ~flo."< ~",\'{\~G 1-> -1b-:, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ,,\ ," \ \\ " " .-" ,," ,," ,," 4 ,," I I ...."~ ",,1 " I I I I I I I_- I I I I i.