2005-O-42
'-'"
....,
ORDINANCE NO. 2005-0-42
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
RURAL TO CITY LOW DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
SOUTH OF 35TH STREET AND PINE TREE DRIVE,
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. Marcia E. Barnett, agent and applicant for Steven Krischer and Jeffrey Krischer,
owners of property located South of 35th Street and Pine Tree Drive, Edgewater, Florida. Subject
property contains approximately 1.51 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 Rural to City Low
Density Residential with Conservation Overlay for the property described herein.
3. On July 13, 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
2005-0-42
Stl tick tilt OtIgh passages are deleted.
Underlined passages are added.
'-"
....,
6 to 0, recommended that the City Council approve the request.
4. In a letter dated June 17,2005 and July 1,2005, 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 July 18,2005, 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 August 1, 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 Observer on Thursday, July
21,2005.
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 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
2005-0-42
Shtick tmotlgh 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 1.8.2 states "In order to reduce land use conflicts and for
efficient public service provision, the City shall investigate and, where feasible, annex all enclaves
as soon as possible."
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.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2005-0-42
Stl tick tIll ongh passages are deleted.
Underlined passages are added.
3
......
~
PART H. ADOPTION.
The first reading 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 Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on August I, 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
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, 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
ABSENT
Councilwoman Harriet E. Rhodes
X
Councilwoman Judy Lichter
X
2005-0-42
Stt tI,k till otlgh passages are deleted.
Underlined passages are added.
4
O
PASSED AND DULY ADOPTED this 15th day of August, 2005.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to fomt and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2005-0-42
Sh ackdvough passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Zia
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of August, 2005 under Agenda item No. 61).
......
.....,
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
Lots 1 through 10 Inclusive, Block 10, 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.
Containing 1.51 :!: acres more or less.
Together with the adjoining right-of-ways for Palm A venue, Bay Street, Miami A venue and Oak
Street.
2005-0-42
Sntlck tllH'ltlgh passages are deleted.
Underlined passages are added.
6