2001-O-86
~
.....,
ORDINANCE NO. 2001-0-86
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 90-0-18 BY AMENDING THE OFFICIAL FUTURE LAND
USE MAP FROM COUNTY COMMERCIAL AND URBAN
LOW INTENSITY TO CITY COMMERCIAL FOR
PROPERTY LOCATED AT 2576 SOUTH RIDGEWOOD
AVENUE, EDGEW ATER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
VOL USIA 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
Kevin O'Dwyer and C. Diane O'Dwyer. The subject property is located at 2576 South Ridgewood
Avenue and contains approximately 1.05 acres. The requested Amendment would change the Future
Land Use Map designation from County Commercial and Urban Low Intensity to City Commercial
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
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
2001-0-86
Stl ti.:;k thlOtlgh passages are deleted.
Underlined passages are added.
1
........
~
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. Pursuantto 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 EDGEW ATER, 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 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.
2001-0-86
St! tick 1111 ong,h passages are deleted.
Underlined passages are added.
2
......
......"
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.
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.
PART G.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
2001-0-86
Stl tlck till otl~h passages are deleted.
Underlined passages are added.
3
~
...",
PART H. ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, 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
x
After Motion by ~ ~- and Second by C--t~ !/~,
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
-J-
--L
-J-
--L
L
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2001-0-86
StI uck through passages are deleted.
Underlined passages are added.
4
n
U
PASSED AND DULY ADOPTED this 11 day of , 2007-
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
2001-O-d6
Shack dnevgi passages are deleted.
Underlined passages are added.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA�
sy� �:b
Donald A. Schmidt
Mayor
��� II Ii LIIn�
Robin L. Matusick��
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this //
day of 20(II- under
Agenda Item No. (y G
.....
,...,
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 1,2,3,32,33,34,35, the East one-half of Lot 31, and the East 15.00 feet of Lot 4, Block C,
Edgewater Park Subdivision, per map recorded in Map Book 10, Page 154, of the Public Records
of Vol usia County, Florida.
Containing 1.05 acres more or less.
2001-0-86
Stl trEk thlotlgh passages are deleted.
Underlined passages are added.
6
~
~
<1z
o
.2i \
~ c ~ ~
Cl)CO-o
1UD:c
~ CI) CI)
CI) > E
C).- .A
-otJ)~
, w c Q.
c=:J 'to- ~ co
OCl)::i
~~CI)
... Q. .A
//'(3 E :5
0-0
Oc
co
-J
1.'<'" ."'::-[.'.q--. ".
" . [' .
,. ".I,",,\">J
1I,:j.,j
~ i NI"'lil'~1 Q N 8
o 0 61'6 "a'? OJ OJ ~ ~ ~ ~
~ ~ ~ I' · J, .1.21 ~ ~ 9 9 9 9
~ ~ ~l'i~~j ~ ~ ~ ~ ~ ~
~,(-.. (") ""101
I 1 I ,CO!",Cl:>OjQ.....Ni
UJjI...i.......r.....,J' ..... ..... .....1
--":..Lih,'