2005-O-20
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ORDINANCE NO. 2005-0-20
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 WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
WEST OF U. S. HIGHWAY #1 AND SOUTH OF CLINTON
CEMETERY ROAD, 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 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. Daniel J. And Christine M. Herman are the applicants/owners of certain real property
located west ofD. S. Highway #1 and south of Clinton Cemetery Road, Edgewater, Florida. Subject
property contains approximately 3.65 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 with Conservation Overlay 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
2005-0-20
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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 of the subject property regarding the pending Amendment.
5. On May 16,2005, 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 June 6, 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 26,2005.
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 ofthe 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 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).
PARTB.
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
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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.
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 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
AfterMotionbYCouncilman Brown andSecondbYCouncilwoman Rhodes
the vote on the second reading ofthis ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt -1L-
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 6th day of June, 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 & Lardney LLP
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
Robin L. atusll� ick —�
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 6th day of
June, 2005 under Agenda Item No. 6 -F
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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.
A parcel of land being a portion of Government Lot 2, Section 24, Township 18 South, Range 34
East, lying Westerly of and adjacent to U. S. Highway No.1 and being more particularly described
as follows: Commence at the Northwest comer of said Section 24; thence South 00034'36" East,
along the Westerly line of said Section 24, a distance of 1,400 feet; thence North 86018'56" East,
a distance of 4,408.69 feet to the Westerly right of way line of said U. S. Highway No.1; thence
South 22055'51" East along the said Westerly right of way line, a distance of898.64 feetto the Point
of Beginning of the herein described parcel; thence continue South 22055'51" East along the said
Westerly right of way line ofU. S. Highway No. 1 a distance of534.94 feet; thence South 87053'15"
West a distance of318.25 feet; thence North 22055'51" West, a distance of534.94 feet; thence North
87053'15" East a distance of318.25 feet to the Point of Beginning. Subject to a 60 foot road and
utility easement per Official Records Book 2067, Page 1766, Public Records of Vol usia County,
Florida.
Containing 3.65 i: acres more or less.
Subject to easements, restrictions, reservations and rights of way of record, if any.
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