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2005-O-36 'w' ""'" ORDINANCE NO. 2005-0-36 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 COMMERCIAL FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF U.S. HIGHWAY NO.1 AND JONES FISH CAMP 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. David O. Lind, owner and applicant for the David O. Lind Revocable Living Trust for property located at the Northeast comer of U.S. Highway No. 1 and Jones Fish Camp Road, within V olusia County, Florida. Subject property contains approximately 4.1 :!: 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 subj ect property. The requested Amendment would change the Future Land Use Map designation from County Urban Medium Intensity to City Commercial for the property described herein. 3. On June 8, 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 7 to 0, 2005-0-36 StItlGk tlnong,h passages are deleted. Underlined passages are added. 1 .,..., ..., 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 163.3 1 87(l)(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 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 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 2005-0-36 Stl tick till Otlgh passages are deleted. Underlined passages are added. 2 '-" ...., 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 (2003), the Planning Director is hereby directed to report this action to the state land planning agency as required therein. PARTE. 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. PART G. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. 2005-0-36 Sn tick tilt otlgh passages are deleted. Underlined passages are added. 3 "..,. ..., PART H. ADOPTION. After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, 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 After Motion by Councilwoman Rhodes and Second b)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 Absent Councilman Dennis Vincenzi x Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter x 2005-0-36 St! tick tlu otlgh passages are deleted. Underlined passages are added. 4 C C PASSED AND DULY ADOPTED this 18th day of July, 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 2005-0-36 Stmcktlneogi passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By:.G�-4v�L»� 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 18th day of July, 2005 under Agenda Item No. 6,L. '-" ...., EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. Parcel # 1 : The East 100 feet of Lot 3, Plat of Riverfront Estates Unit No.2, according to the map or plat thereof, as recorded in Map Book 19, page 31, of the Public Records of Vol usia County, Florida. And Parcel #2: Lots 1, 2, and 3, except the Easterly 100 feet of Lot 3, Plat of Riverfront Estates Unit No.2, according to the map or plat thereof, as recorded in Map Book 19, Page 31, of the Public Records of Vol usia County, Florida. Containing 4.1 .:!:: acres more or less. 2005-0-36 Stl tick tin ongh passages are deleted. Underlined passages are added. 6 - 'C C ::i ~ ~ I <::Jz ~ ~ <3 "::., " .Q . ~ '~I ..." ~ ~ " " 1 1 1 1 " DC ,,' " , " .. , "1 1 ", ....' 't'l ~"< 't'l\\\"t\l\G +~ -(I>-:, ,-- ---- ---- ---- -- ,-- " " " 1 .. "1 , 1 1 1 1 1 1 -- 1 1 1 1 1 1 1 ~ 1----..