2011-O-03 r
ORDINANCE NO. 2011 -0 -03
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003 -0 -04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY
URBAN LOW INTENSITY TO CITY COMMERCIAL FOR
1.36 ACRES OF PROPERTY LOCATED AT 4497 SOUTH
US HIGHWAY NO. 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. Wallace Ferreira has applied on behalf of The American Legion, Edgewater Post
#285, Inc., owner for annexation of property located at 4497 South US Highway No. 1, within
Volusia County, Florida. Subject property contains approximately 1.36 + acres.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
owner /applicant is requesting a Comprehensive Plan Amendment for the subject property. The
requested Amendment would change the Future Land Use Map designation from County Urban
Low Intensity to City Commercial for the property described herein.
3. On February 9, 2011, 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 7 to 0, recommended that the City Council approve the request.
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4. The Legal Department notified by mail the owners of the property and all
property owners who own real property directly affected by the proposed action within 300 feet
of the subject property regarding the pending Amendment and the public hearing.
5. On March 7, 2011, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(1)(c), Florida Statutes, on 4, 1
2011, 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 Thursday,
Lj , 2011.
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
Edgewater, Florida regulating and restricting the use of lands 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 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 Objective 1.8 of the Future Land Use element states
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"The City shall pursue a policy of annexation, which will provide for the most efficient use of
public facilities and services, eliminate areas of jurisdictional problems, and provide for sound
growth and development of the City and surrounding area."
PART C. AMENDMENT OF THE FUTURE LAND USE MAP.
The Development Services 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 (2009), the Development Services
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 to approve by Councilman Ignasiak with Second by Councilman
Cooper, the vote on the first reading of this ordinance held on March 7, 2011, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilman Justin A. Kennedy X
Councilwoman Gigi Bennington ABSENT
Councilman Mike Ignasiak X
Councilman Ted Cooper X
After Motion to approve by . .etkn oi i cooper with Second by
0 00A- 4 1; l oc i x, the vote on the second reading/public hearing of this ordinance
held on A ,, 1 , 2011, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Justin A. Kennedy X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak
Councilman Ted Cooper
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#2011 -0 -03
PASSED AND DULY ADOPTED this,,j+h day of
2011.
ATTEST:
ill l\m�9 410 M�
Bonnie Wenzel
City Clerk
CITY COUNCIL OF THE
CIT OFE EWATER, h�
Mike Tho as
ayor
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims,Wolfe, Ansay & Kundid
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�r1\��Y�AIIL�UC..k>
Robin L. Matusick
Paralegal
Approved by the City Council of the Cityty. of
Edgewater at a meeting held on this 1 btu
day of 2011 under Agenda
Item No. 8
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EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
PARCEL #1:
Lots 2 and 4, Block 1, Water Front Park, According to the map or plat thereof as recorded in Plat
Book 11, Page 251, Public Records of Volusia County, Florida and sometimes also described as
Lots 2 and 4, Block 1, Water Front Revision, according to the map thereof as recorded in Map
Book 23, Page 136, Public Records of Volusia County, Florida.
Containing 1.36 + acres more or less.
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