2001-O-50
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ORDINANCE NO. 2001-0-50
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18 BY AMENDING THE OFFICIAL FUTURE LAND
USE MAP FROM LOW DENSITY RESIDENTIAL TO
COMMERCIAL FOR A 100' STRIP OF LAND LOCATED
NEAR RANKEN DRIVE AND SWORDFISH LANE, SAID
PROPERTY BEING LOCATED IN TRACT "D" OF THE
FONG PROPERTY AND BEING DESCRIBED IN EXHIBIT
"A" ATTACHED TO THIS ORDINANCE; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
VOLUSIA 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. Pursuant to the Development Agreement recorded in the Public Records of V olusia
County, Florida and located at Official Records Book 3975, Page 4354 -4362; Philip Fong, Vice
President for GDP Development, Inc., and the City of Edgewater have submitted an application for
a Comprehensive Plan Amendment to change the Future Land Use Map designation from Low
Density Residential to Commercial for the property described herein.
2. Or JUl. 11, 2001, the Planning and Zoning Board, sitting as the City's Local
Planning Agency considered the application for change in zoning classification in conjunction with
the Development Agreement and necessary change in the Future Land Use Map designation and by
a vote of 5 to 0, recommended that the City Council approve the request.
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3. On August 6, 2001, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
4. Pursuant to Section 163.3187(1)(c), Florida Statutes, on September 10,2001, 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 Observer on August 29, 2001.
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 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 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).
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 5.2 of the Future Land Use Element which addresses
appropriate buffering between commercial and low density residential.
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PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Planning Director 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.
PARTD.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)(c)2, Florida Statutes (2000), 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.
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 Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on August 6, 2001 is as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by ~ /2Lf- and Second by ~~
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
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Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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PASSED AND DULY ADOPTED this day of > , 2001.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:l�C�
Donald A. Schmidt
Mayor
Rob n L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this /U
day of �„z,L- , 2001 under
Agenda Item No. !7,4
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EXHIBIT "A"
LEGAL DESCRIPTION
A portion ofU. S. Lot 7, Section 2, Township 18 South, Range 34 East, Volusia County, Florida
being more particularly described as follows:
Commence at the southeast comer of said U. S. Lot 7; thence N 000 28' 03" W, along the east line
of said U. S. Lot 7, a distance of 300.09 feet; thence S 890 54' 14" W, a distance of288.07 feet for
the Point of Beginning; thence continue S 890 54' 14" W, a distance of 107.07 feet; thence N 210
01' 48" W, a distance fa 150.27 feet to the Point of Curvature; thence 609.98 feet along the curve
to the left, said curve having a radius of 6272.06 feet, a central angle of 50 34' 20" and a chord of
609.74 feet which bears N 230 48' 58" W to the Point of Tangency; thence N 260 36' 08" W, a
distance of289.97 feet; thence N 790 04' 06" E, a distance of 103.86 feet; thence S 260 36' 08" E,
a distance of 261.92 feet to the Point of Curvature; thence 619.70 feet along the curve to the right,
said curve having a radius of 6372.06 feet, a central angle of 5034' 20" and a chord of 619.46 feet
which bears S 230 48' 58" E to the Point of Tangency; thence S 21001' 48" E, a distance of 188.52
feet to the Point of Beginning.
Containing 2.43 acres more or less.
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