2005-O-34
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ORDINANCE NO. 2005-0-34
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
RURAL TO CITY LOW DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
SOUTH OF 35TH STREET, QUEEN PALM DRIVE, EAST OF
TRAVELERS PALM DRIVE AND WEST OF NEEDLE PALM
DRIVE, 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. Marcia E. Barnett, agent and applicant for Hope and Tony Pawlak, owners of
property located South of35lh Street, Queen Palm Drive, East of Travelers Palm Drive and West of
Needle Palm Drive, within V olusia County, Florida. Subject property contains approximately 9.91
.::t 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 Rural to City Low
Density Residential with Conservation Overlay for the property described herein.
3. On June 8, 2005, the Planning and Zoning Board, sitting as the City's Local Planning
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Agency considered the change in the Future Land Use Map designation and by a vote of 7 to 0,
recommended that the City Council approve the request.
4. In a letter dated June 2, 2005 (for the June 20, 2005 meeting) and June 17,2005 (for
the July 18, 2005 meeting), 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 June 20, 2005, 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 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 Daytona Beach News Journal on Thursday, July 7, 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 of lands located within the City of Edge water, 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 1.8.3 - 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 (2003), 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.
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PARTG.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on June 20, 2005 is as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
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 by Councilman BRown and Second by Councilman Vincenzi
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 1 st day of August, 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 & Lardney LLP
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CITY COUNCIL OF THE
CITY OF EDGEpWpA�T,(EER, 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 1 st day of
August, 2005 under Agenda Item No. 6 c .
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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.
PARCEL #8414-04-02-0010:
Lots 1 through 15 Inclusive, Block 2, Washington Park Subdivision, Unit 6 (also known as "Part
VI" or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Miami A venue, Grove Street, Ridge Avenue and Park
Street.
PARCEL #8414-04-05-0010:
Lots 1 through 19 Inclusive, Block 5, Washington Park Subdivision, Unit 6 (also known as "Part
VI"or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Grove Street, Miami A venue, Maple Street and Ridge
Avenue.
PARCEL #8414-04-11-0010:
Lots 1 through 27 Inclusive, Block 11, Washington Park Subdivision, Unit 6 (also known as "Part
VI" or "Part 6"), according to the Plat thereof as recorded in Map Book 11, Page 73, of the Public
Records of Vol usia County, Florida.
Together with the adjoining right-of-ways for Bay Street, Miami Avenue, Oak Street and Ridge
A venue.
Containing 9.91 :t acres more or less.
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