2001-O-84
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ORDINANCE NO. 2001-0-84
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 COUNTY URBAN LOW INTENSITY TO
CITY LOW DENSITY RESIDENTIAL FOR PROPERTY
LOCATED BETWEEN U. S. HIGHWAY NO.1 AND THE
INDIAN RIVER ON SWORDFISH LANE, 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, 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. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
submitted an application requesting a Comprehensive Plan Amendment for property owned by Dahl
Builders, Inc. The subject property is located between U. S. Highway No.1 and the Indian River
on Swordfish Lane and contains approximately .34 acres. The requested Amendment would change
the Future Land Use Map designation from County Urban Low Intensity to City Low Density
Residential for the property described herein.
2. In a letter dated October 15, 2001, the Planning Department notified the owners by
mail of the property of the pending Amendment for their property.
3. On November 14,2001, the Planning and Zoning Board, sitting as the City's Local
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Planning Agency considered the change in the Future Land Use Map designation and by a vote of
7 to 0, recommended that the City Council approve the request.
4. On December 3, 2001, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
5. Pursuant to Section 163.3187(1)(c), Florida Statutes, on December 17,2001, 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 December 8, 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 ofthe 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 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.
PART D.
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.
PARTG.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
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PART H. ADOPTION.
After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the
first reading of this ordinance held on December 3,2001 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
After Motion by ~ Z-J.tv
X
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 it day of la=-x , 2002
r
.Susan J. Wdsworth
/, City Clerk
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
Donald A. Schmidt
Mayor
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Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this //
day of 1
2002 under
Agenda Item N'e. .
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EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 2 in Block 4 of unrecorded plat of Ranken Subdivision ofa part ofU. S. Lot 1 of Section 1,
Township 18 South, Range 34 East, described as the South 85 feet of the North 470 feet, except the
West 50 feet ofU. S. Lot 1, Section 1, Township 18 south, Range 34 East, with an easement over
the East 25 feet of the West 50 feet of the South 85 feet of the North 470 feet of said Lot 1, all in
Volusia County, Florida.
Containing .34 acres more or less.
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