2010-O-14ORDINANCE NO. 2010-0-14
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 LOW
DENSITY RESIDENTIAL WITH CONSERVATION
OVERLAY TO COMMERCIAL WITH CONSERVATION
OVERLAY FOR 1.8 ACRES OF PROPERTY LOCATED AT
U.S. HIGHWAY NO. 1 NORTH OF EDGEWATER LAKES
BLVD., 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. Robert Gaz oli on behalf of SeaE.dge Partners, LLC has applied as owner for an
Amendment to the Comprehensive Plan Future Land Use Map for property located at U. S.
Highway No. 1 north of Edgewater Lakes Blvd., within Volusia County, Florida. Subject
property contains approximately 1.8 + 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 Low Density
Residential with Conservation Overlay to Commercial with Conservation Overlay for the
property described herein.
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3. On June 9, 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 of 5 to 0,
recommended that the City Council approve the request.
4. 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
June 21, 2010 and August 16, 2010.
5. On June 21, 2010, the City Council considered on first reading the proposed
change in the Future Land Use Map designation with the advertisement on June 10, 2010.
6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on August 16, 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, August 5, 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 1, 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, specifically Policy 1.6.4: Land uses that may generate high
traffic counts shall be encouraged to locate adjacent to arterial roads and mass transit systems.
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 163.3I87(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 Councilman Cooper with Second by Councilwoman
Rhodes, the vote on the first reading of this ordinance held on June 21, 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
X
After Motion to approve byj
with Second by
&U.dmn Cooper , 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
X
Councilwoman Gigi Bennington
x
Councilman Mike Ignasiak
x
Councilman Ted Cooper
)
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PASSED AND DULY ADOPTED this 15th day of August, 2011.
ATTEST:
FLORIDA
Bonnie Wenzel
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
Donor, Sims, Wolfe, Ansay & Kundid
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CITY COUNCIL OF THE
CITY OF EDGEWATER,
Mike Thom a
Mayor
'Z; rltvn.r �
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. 8 C. .
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
A parcel of land lying in Jane Murray Grant, also known as Section 48 & 49, Township 18
South, Range 34 East, Tallahassee Meridian, now known and recorded as Future Commercial
Parcel 3, Edgewater Lakes Phase IA, a subdivision as recorded in Map Book 54, Page 48 of the
Public Records of Volusia County being described as follows:
Beginning at the Northwest corner of said future commercial Parcel 3, Edgewater Lakes Phase
IA, bear N 68039'28" E along the North line of future commercial Parcel 3, a distance of
204.83' to the East line of Parcel 3, said line also being the West right of way of U.S. Highway
1, thence S 22056'52" E, along said West right of way line a distance of 159.47' to a point of
intersection in the West right of way line and the South line of Section 48, Township 18 South,
Range 34 East, thence S 68038'49" W along the West right of way line a distance of 16.99' to a
point of intersection in the West right of way line, thence S 22057'30" E, along said East line of
Parcel 3 and the West right of way line, a distance of 226.76' to the South line of future
commercial Parcel 3, thence S 67002'29" W, along the South line a distance of 196.20' to the
West line of Parcel 3, thence S 21045'02" E along the West line of Parcel 3, a distance of
401.63' to the Point of Beginning of this description.
Containing 1.8 ± acres more or less
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