2001-O-96
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ORDINANCE NO. 2001-0-96
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 AND
COMMERCIAL TO CITY COMMERCIAL WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
SOUTH OF 28TH STREET AND WEST OF U. S. HIGHWAY #1,
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
Seymour A. Smith. The subject property is located South of 28th Street and West ofU S. Highway
# 1 and contains approximately 3.56 acres. The requested Amendment would change the Future Land
Use Map designation from County Urban Low Intensity and Commercial and to City Commercial
with Conservation Overlay 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. 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 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 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 with Conservation Overlay 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.
PART G.
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 X
After Motion by ~~ and Second by c..-.J /2I--h
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 / ? day of / /— 12002.
AIT
Susan. Wads orth
,Cily 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 DGEEWDATER, FLORIDA
BY an.evbt
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City pf
Edgewater at a meeting held on this 4
day of 2002 under
Agenda Item No.
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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.
PARCEL #1 - Lot 1 according to plat of Edgewater Country Estates, Uni #1 as per map thereof of
record in Map Book 11, Page 247 of the Public Records of Vol usia County, Florida.
PARCEL #2 - That part of the Southwest comer of Government Lot 2, lying West of the Dixie
Highway, also known as U. S. Highway #1, in Section 1, Township 18 South, Range 34 East, being
more particularly described as the South 231 feet as measured along the West line of said
Government Lot 2 and the South 233.4 feet as measured along the Westerly right-of-way of said U.
S. Highway #1.
PARCEL #3 - That certain parcel ofland lying adjacent to and Easterly of the Easterly line of Lot
1, Edgewater Country Estates, Unit No. 1 as per map thereof recorded in Map Book 11, Page 247
of the Public Records of Volusia County, Florida and Westerly of the Westerly RJW of U. S.
Highway No.1, 175 foot RJW as now laid out, said parcel being bounded on the North by the
Easterly prolongation of the North line of said Lot 1 and bounded on the South by the Easterly
prolongation of the Southerly line of the aforesaid Lot 1.
Containing 3.56 acres more or less.
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