2005-O-45
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ORDINANCE NO. 2005-0-45
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 AND LOW
DENSITY RESIDENTIAL FOR PROPERTY LOCATED AT
3609 and 3625 SOUTH US HIGHWAY NO.1, INCLUDING
THE VACANT PARCELS TO THE NORTH AND EAST,
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, THEVOLUSIA
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. Visconti Construction, LLC, agent and applicant for Bob Seifert/Diversified Flooring,
Inc., owner of property located at 3609 and 3625 South US Highway No 1, including the vacant
parcels to the north and east, Edgewater, Florida. Subject property contains approximately 2.44
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 and Low Density Residential for the property described herein.
3. On August 9, 2005, the Planning and Zoning Board, sitting as the City's Local
2005-0-45
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Planning Agency considered the change in the Future Land Use Map designation and by a vote of
5 to 0, recommended that the City Council approve the request.
4. In a letter dated August 3,2005 and August 29, 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 August 15, 2005, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section I63.3187(J)(c), Florida Statutes, on September 12,2005, 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,
September 1,2005.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA:
PART A.
AMENDMENT - CHANGE IN FUTURE LAND USE MAP
DESIGNA TION.
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 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 and Low 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).
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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
Comprehensive Plan, specifically Policy 1.8.3 of the Future Land Use Element states "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.
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 Councilwoman Lichter, the vote on
the first reading of this ordinance held on August 15,2005 is 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
After Motion by Councilwoman Lichterand Second by Councilwoman Rhodes
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 12th day of September, 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
By: X�C9�
Donald A. Schmidt
Mayor
�IOt�6�Ti �.DyG/{
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 12th day
of September, 2005 under Agenda Item No.
6F.
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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.
Lots 15, 16, 17, 18,19,20 and 21, Re-Subdivision of Waterway Park, Sec 1, according the plat
recorded in Map Book 19, Page 269, Public Records of Vol usia County, Florida. Also Lots 115,
116, 117, 118, 119 and 120, Waterway Park, Sec #2, according to the plat recorded in Map Book
19, Page 270, of the Public Records of Vol usia County, Florida.
Containing 2.44 .:!:: acres more or less.
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