2005-O-40
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ORDINANCE NO. 2005-0-40
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
URBAN MEDIUM INTENSITY TO CITY MEDIUM DENSITY
RESIDENTIAL FOR PROPERTY LOCATED AT 1155 OLD
MISSION 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 fiND
PROVIDING AN EFFECTIVE DATE.
Whereas, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Rodney Jones, agent and applicant for Audrey F. Putnam and Calvin R. Putnam,
owners of property located at 1155 Old Mission Road, within Volusia County, Florida. Subject
property contains approximately .68 i: 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 Medium Density Residential 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,
recommended that the City Council approve the request.
2005-0-40
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4. In a letter dated June 2,2005 (for the June 20, 2005 meeting) and June 30, 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 163.3187(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 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 Medium 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).
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
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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.
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.
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 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 COl111cihlOman l.icht8r'illd Second by Councilwoman RhodE'S
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
y
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PASSED AND DULY ADOPTED this 18th day of July, 2005.
..raorep„'�OIU "7i'
ell
ATTEST: ` CITY COUNCIL OF THE
CITY OF EDGEWAT\EccR//, FLORIDA
Susan,]. Wadsworth Donald A. Schmidt
Ci(. ( lcrl: Mayor
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
2oo5-Odo
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, o hr_ir
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 (�.
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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 part of Block "D" of the James Lupe Subdivision, per Map Book 2, page 33, Public Records of
Volusia County, Florida described as follows:
Commence at the SE comer of Block D of James Lupe Subdivision; thence Southerly on a line being
the extension of the East line of Block D, a distance of220.1 feet; thence South 67022' West 1223.6
feet; thence North 76032' West 352.26 feet; thence North 22046'20" East 735.77 feet; thence South
67013'40" East 277.66 feet; thence South 22046'20" West 55 feet; thence South 17020'40" East 10
feet for the Point of Beginning; thence South 17020'40" East 225 feet; thence South 72039'20" West
133.33 feet; thence North 17020'40" West 225 feet; thence North 72039'20" East 133.33 feet to the
Point of Beginning.
Containing .68 ::!:: acres more or less.
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