2001-O-92
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ORDINANCE NO. 2001-0-92
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 AT 2759 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 AFF AIRS, 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
Dennis M. Moore and Arlene M. Moore. The subject property is located at 2759 Alamanda Drive
and contains approximately .50 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
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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 EDGEW A TER , 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.
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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 Councilwoman Lichter, 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 (' ~ A-.- and Second by &~::-- /Yv-"
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
L
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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 Lday of 200R—
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 EEDGEOWQATTJER,R, FLORIDA
Donald A. Schmidt
Mayor
Robin L, Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this V
day of '?Y)s.,: 20M under
Agenda Item No. Q .
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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 528.00 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 lying Westerly of and adjacent to the Southerly 200 feet of the
Northerly 528.00 feet lying Easterly of Florida Shores Unit #7, a Subdivision according to map
thereof recorded in Map Book 23, Page 118 ofthe 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 890 36' 26" W along the South line of the North 8 chains of the
South 3/4 of the Southeast 1/4 for the Southeast 1/4 said Section 2, a distance of 1351.03 feet to the
Easterly line of a 6 foot Planting Strip lying Easterly of and adjacent to Alamanda Drive as shown
on the Florida Shores Unit #7 Sheet 2 of2 sheets according to plat thereof recorded in Map Book
23, Page 118 of the Public Records of V olusia County, Florida; thence N 000 21' 01" W along said
Easterly line of said Planing Strip a distance of 20.00 feet for the Point of Beginning; thence
continue N 000 21' 01" W, a distance of 150.00 feet; thence N 690 36' 26" Em a distance of 136.00
feet; thence S 00021' 01" E, a distance of 180.00; thence S 690 36' 26" W, a distance of 138 feet to
the Point of Beginning.
Containing 0.50 acres more or less.
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