2001-O-94
'-"
....,
ORDINANCE NO. 2001-0-94
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 2750 U. S. HIGHWAY #1, 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. 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
David K. Hall and Renee A. Hall. The subject property is located at 2750 U. S. Highway #1 and
contains approximately 2.91 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
2001-0-94
St! tick thlongh passages are deleted.
Underlined passages are added.
1
'w"
....,
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 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 of the 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 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.
2001-0-94
Stl tick till otIgh 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.
2001-0-94
StltlCk thlotlgh passages are deleted.
Underlined passages are added.
3
.......
...",
PART H. ADOPTION.
After Motion by Councilwoman Rhodes 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
. t"~ U
After Motion by ~ J&~ and Second by
the vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
AYE NAY
y,
Councilman James P. Brown
1-
r
1
'(
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
2001-0-94
Stl tick thlotlgh passages are deleted.
Underlined passages are added.
4
o
0
PASSED AND DULY ADOPTED this "
Susan J. W. ;worth
flfy 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
2001-0-94
SwekNvengh passages are deleted.
Underlined passages are added.
day of 2004-
CITY COUNCIL OF THE
CITY OF EDGEWoATTE IR, FLORIDA
By: �n�ot CSC
Donald A. Schmidt
Mayor
Robin L. M�lick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this Y
day of 200Q order
Agenda Item No. O
.'W'
..,.,
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
PARCEL A - A portion of the South 400.00 feet of the North 528.00 feet, except the East 425 feet
of and parallel to Highway of the South 3/4 of the Southeast 1/4 of the Southeast 1/4, Section 2,
Township 18 South, Range 34 East and being more particularly described as follows: Commence
at the Southeast comer of 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 of the Southeast 1/4 of said
Section 2, a distance of 425.00 feet for the Point of Beginning: thence continue S 890 36' 26" W
along the said South line, a distance of 335.00 feet; thence N 000 19' 08" W, a distance of 400.00
feet; thence N 890 36' 26" E, and parallel to the South line of said Section 2, a distance of269.97
feet; thence S 16040' 20" E, a distance of 156.27 feet; thence S 15051' 54", a distance of39.01 feet;
thence S 150 51' 49" E a distance of 39.46 feet; thence S 000 19' 08" E, and parallel to the East line
of said Section 2, a distance of 174.37 feet to the Point of Beginning.
Containing 2.91 acres more or less.
2001-0-94
Stl tIck thlotlgh passages are deleted.
Underlined passages are added.
6
<jz
~I
~
c
CD
~ c E
CD .!! "
ftSo..c
~CDCD
CD > E
C)"Ci) <(
"cc.
WCD(O
't-.cll::
0(1)l1li::
~a(l)
.... tn
"- E ~
~oo
o-g
(0
..J
['"J<.f:.J
,..'...[",I.....J
1\1' 1'[
~ ~ ~ I,~r~J~j ~ ~ ~ ~ ~ ~
I I I I" .) ..J .1. . I 1 · ·
.... .... .... .i....li....".....].... .... .... .... .... ....
~ ~ ~ rN~I~' ~ ~ ~ ~ ~ ~
WJ.... ,N C'?..............,l......ICl.......+---..i.. .<0.......'..1,... CO I 0) C) .... I N
. I' I !] ..... .....i.....1
I, Ij ,
~~L,