2010-O-11ORDINANCE NO. 2010-0-11
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 LOW INTENSITY TO CITY COMMERCIAL
WITH CONSERVATION OVERLAY FOR 9.13 ACRES OF
PROPERTY LOCATED AT 3515 U. S. HIGHWAY NO. 1,
EDGEWATER, FLORIDA; 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. Howard Hewitt of Indian River -Self Storage, LLC has applied as owner for an
Amendment to the Comprehensive Plan Future Land Use Map for property located at 3515 U. S.
Highway No. 1, within Volusia County, Florida. Subject property contains approximately 9.13 +
acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
owner/applicant is requesting a Comprehensive Plan Amendment for the subject property. The
requested Amendment would change the Future Land Use Map designation from County Urban
Low Intensity to City Commercial with Conservation Overlay for the property described herein.
3. On May 12, 2010, 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
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of 5 to 2, recommended that the City Council approve the request.
4. In a letter dated June 18, 2010, the Legal Department notified by mail the owners
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 and the public
hearing scheduled for May 17, 2010.
S. On May 17, 2010, the City Council considered on first reading the proposed
change in the Future Land Use Map designation with the advertisement on May 6, 2010.
6. Pursuant to Section 163.3187(t)(c), Florida Statutes, on July 19, 2010, 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 Thursday, July 8, 2010.
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
Edgewater, 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 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).
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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, speciflcally 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 Development Services 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.
PART D. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)(c)2, Florida Statutes (2009), the Development Services
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.
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PART G. EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion to approve by Councilwoman Bennington with Second by
Councilwoman Rhodes, the vote on the first reading of this ordinance held on May 17,
2010, was as follows:
AYE NAY
Mayor Mike Thomas
X
Councilwoman Debra J. Rogers
X
Councilwoman Gigi Bennington
X
Councilwoman Harriet B. Rhodes
X
Councilman Ted Cooper
ABSENT
After Motion to approve by (wrnmrilmn=
C000er with Second by
L GI , the vote on the second reading/public hearing of this ordinance
held on August 15, 2011, was as follows:
AYE NAY
Mayor Mike Thomas
Councilman Justin A. Kennedy
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Ted Cooper
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k2010-0-I l
PASSED AND DULY ADOPTED this 15th day of August, 2011.
ATTEST:
FLORIDA
Bonnie Wenzel u
CiTy Cylerk`(: <�
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doren, Sints,Wolfe, Ansay & Kundid
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CITY COUNCIL OF THE
CITY OF EDGEWATER,
By >
ike Tho as
ayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of August, 2011 under Agenda Item No. 8OL .
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida
A portion of the South 300 feet of the North 960 feet, East of U.S. Highway No. 1, of the Jane
Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East, Volusia County,
Florida, being more particularly described as follows:
Commence at an intersection of the Easterly right-of-way of U.S. Highway No. 1 with the
Northerly line of the Jane Murray Grant aforesaid; thence S 22050'41" E 660.35 feet along said
Easterly right-of-way to the North line of the South 300 feet of the North 960 feet of the Jane
Murray Grant, aforesaid and the Point of Beginning; thence N 69000'00" E along said North line
for a distance of 1452.81 feet; thence departing said North line S 22050'41" E, 300.02 feet to the
South line of the South 300 feet of the North 960 feet East of U.S. Highway No. 1, of the Jane
Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East; thence S 69000'08" W
1452.81 feet to the Easterly right-of-way of U.S. Highway No. 1; thence N 22050'41" W 299.96
feet to the Point of Beginning. EXCEPTING THEREFROM the lands conveyed by the Deed in
O.R. Book 4664, Page 4694, of the Public Records of Volusia County, Florida.
Subject to and together with a perpetual non-exclusive easement for ingress and egress over the
following described property situate in Volusia County, Florida.
A 25 feet wide easement for ingress and egress in the Jane Murray Grant, Sections 48 and 49,
Township 18 South, Range 34 East, Volusia County, Florida: Commence at an intersection of
the Easterly right-of-way of U. S. Highway No. 1 with the Northerly line of the Jane Murray
Grant aforesaid; thence S 22050'41" E 660.35 feet along said Easterly right-of-way to the North
line of the South 300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence N
69000'00" E along said North line for a distance of 811.80 feet to a point on a curve, concave
Northeasterly, having a radius of 319.85 feet, a central angle of 10008'43", radial line bearing N
06042'49" E, and the Point of Beginning; thence Southeasterly along said curve 56.64 feet to the
Point of Tangency; thence N 86034'03" E, 248.36 feet to the Point of Curvature of a curve
concave Northerly, having a radius of 233.97 feet, a central angle of 57006'36", a radial line
bearing N 03025'53" W; thence Easterly along said curve 233.22 to a Point of Reverse Curvature
of a curve concave Southeasterly, having a radius of 269.82 feet, a central angle of 25052'16",
radial line bearing S 60032'38 E; thence Northerly along said curve 121.83 feet to an intersection
with the North line of the South 300 feet of the North 960 feet of the Jane Murray Grant,
aforesaid; thence S 69000'00" W, 71.07 feet along said North line to a point on a curve concave
Southeasterly, having a radius of 294.82 feet, a central angle of 12019' 30", a radial line bearing S
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48*13'08" E; thence Southwesterly along said curve 63.42 feet to a Point of Reverse Curvature
of a curve concave Northerly, having a radius of 208.97 feet, a central angle of 57006'45", a
radial line bearing N 60032'38" W; thence Westerly along said curve 208.30 feet to a Point of
Tangency; thence S 86033135" W, 241.51 feet to an intersection with the North line of the South
300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence S 69000'00" W, 66.27
feet along said North line to the Point of Beginning.
Containing 9.13 ± acres more or less.
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