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2001-O-88 ....... .."", ORDINANCE NO. 2001-0-88 AN ORDINANCE OF THE CITY OF EDGEW ATER 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 LOCA TED AT 2751 ALAMANDA DRIVE, 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 Larry D. Carson and Nancy H. Carson. The subject property is located at 2751 Alamanda Drive and contains approximately 2.71 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 Planning Agency considered the change in the Future Land Use Map designation and by a vote of 2001-0-88 Sn tlck 1111 ..mgh 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 163.3 1 87(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 of the 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. 2001-0-88 Stl tlc;k tm otlgh 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. 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. 2001-0-88 Stltlc,k thlongh passages are deleted. Underlined passages are added. 3 '-" ....." 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 0~ ~ X and Second by ~~J,- , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Donald A. Schmidt ~ f -L Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes \ Councilwoman Judy Lichter ~ 2001-0-88 StI tick tht otlgh passages are deleted. Underlined passages are added. 4 PASSED AND DULY ADOPTED this h day of :/!4:� , 200L ATTEST: G Susan J. Wadsworth 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 2001-O-88 Straekottargi passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: JCL-Ctn� Donald A. Schmidt Mayor Robin L. Matuslck LLa Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this f/ day of 1 200L under Agenda Item No. ...... ...., EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. A portion of the Southerly 200 feet of the Northerly 328.00 feet of the South 3/4 of the Southeast 1/4 of the Southeast 1/4, Section 2, Township 18 South, Range 34 East and a portion of the Southeast 1/4 of said Section 2, lying Westerly of and adjacent to the South 200.00 feet of the North 328.00 feet lying Easterly of Florida Shores Unit No.7, per Map Book 23, Page 118 of the Public Records of Vol usia County, Florida and being more particularly described as follows: Commence at the Southeast comer of said Section 2, Township 18 South, Range 34 East; thence N 000 19' 08" W, along the East line of said Section 2, a distance of 465.24 feet; thence S 89036' 26" W along the South line of the North 8 chains of the South 3/4 of the Southeast 1/4 of the Southeast 1/4 of said Section 2, a distance of 1320.00 feet to the West line of said Southeast 1/4 of the Southeast 1/4; thence N 000 19' 08" W along the said West line a distance of200.00 feet for the Point of Beginning; thence S 890 36' 26" W, a distance of 31.14 feet to the Easterly line of a 6 foot Planting Strip lying Easterly of and adjacent to Alamanda Drive, as shown on Florida Shores Unit No.7, Sheet 2 of 2 sheets per Map in Map Book 23, Page 118, thence N 000 21' 01" W along said Easterly line of said Planing Strip a distance of 200.00 feet; thence N 890 36' 26" E, a distance of 591.25 feet; thence S 000 19' 08" E, a distance of 200.00 feet; thence S 890 36' 26" W, a distance of 560.00 feet to the Point of Beginning. 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