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ORDINANCE NO. 2006-0-04
00/21/2006 03:24 PM
OInstrument! 2006-211283 i 1
Book: 5698
Page: 948
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 LOW
IMPACT URBAN TO CITY COMMERCIAL WITH
CONSERVATION OVERLAY FOR PROPERTY LOCATED
SOUTH OF STATE ROAD 442 AND WEST OF OLD MISSION
ROAD, EDGEWATER, FLORIDA; PROVIDING FOR
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
FLORIDA DEPARTMENT OFCOMMUNITY AFFAIRS, THE
VOLUSIA GROWTH MANAGEMENT COMMISSION, THE
REGIONAL PLANNING COUNCH., 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:
James Morris of Storch, Moms and Harris, agent/applicant for Charles and Phyllis
Barry, owners of property located South of State Road 442 and West of Old Mission Road,
Edgewater, Florida. Subject property contains approximately 5.04 acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
applicants are requesting a Comprehensive Plan Amendment forthe subjectproperty. Therequested
Amendment would change the Future Land Use Map designation from County Low Impact Urban
to City Commercial with Conservation Overlay for the property described herein.
3. On February 8, 2006, 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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4 to 1, recommended that the City Council approve the request.
4. In a letter dated February 15, 2006, the Legal Department notified the owners bymail
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.
On February 27, 2006, 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 March 6, 2006, 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 Daytona Beach News Journal Observer on Thursday,
February 23, 2006.
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 ofthe 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 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
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Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.6.4 of the Future Land Use Element states "Land uses
that may generate high traffic counts shall be encouraged to locate adjacent to arterial roads and
mass transit systems."
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 (2005), 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 by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on February 27, 2006 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, Council
approved continuance ofsecond reading/public hearing on this Ordinance until the May 1, 2006 City
Council meeting.
During the May 1, 2006 Council meeting a Motion was made by Councilwoman Rhodes
with Second by Councilman Vincenzi, Council approved continuance of second reading/public
hearing on this Ordinance until the June 5, 2006 City Council meeting.
During the June 5, 2006 Council meeting a Motion was made by Councilwoman Rhodes
with Second by Councilman Vincenzi, Council approved continuance of second reading/public
hearing on this Ordinance until the July 10, 2006 City Council meeting.
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After Motion by Councilwoman Lichter and Second by Councilwoman Rogers
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x
Councilman Debra Jean Rogers
Councilman Dennis Vincenzi
Councilwoman Harriet B. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 10th day of July, 2006.
,J"
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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CITY COUNCIL OF T
Y OF � DGEW L
By: d
M ke Th as
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this loth day
of July, 2006 under Agenda Item No.
6 13
Instrunenti 2006-211263 R 6
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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
Lot 5, except the North 60 feet in road, Model Land Company's Subdivision according to Map in
Map Book 5, Page 187, Public Records of Volusia County, Florida, being the lands described and
recorded in Official Records Book 3501, Page 1605, Public Records of Volusia County, Florida and
except the following part of said Lot 5 being described as follows:
COMMENCE at the Southeast comer of Section 5, Township 18 South, Range 34 East, Volusia
County, Florida; thence North 21027'30" West along the East line of said Section 5, also being the
West line of Samuel Bett's Grant, Section 38, Township 18 South, Range 34 East, Volusia County,
Florida, 120.025 meters (393.78 feet) to a point on the existing Southerly right of way line of State
Road 442, as show on the Florida Department of Transportation Right of Way Map, Section 79210-
2505; thence North 68°22'25"East, along, said existing Southerly right of way line, 343.737 meters
(1127.74 feet) to a transition point; thence South 21037135" East, 3.048 meters (10.00 feet); thence
North 68022125" East, along said existing Southerly right of way line, 82.996 meters (272.30 feet)
to the West line of Lot 5, Model Land Company's Subdivision, as recorded in Map Book 5, Page
187, Public Records of Volusia County, Florida, for the POINT OF BEGINNING; thence continue
North 68°22'25" East, along said existing Southerly right of way line, 106.686 meters (350.02 feet)
to the East line of said Lot 5; thence departing said right of way line, South 21 °25'25" East, along
said East line, 8.230 meters (27.00 feet); thence South 68°22'25" West, parallel with said existing
right of way line of State Road 442, a distance of 94.685 meters (310.65 feet) to a point 12.000
meters (39.37 feet) East of, when measured perpendicular to, the West line of said Lot 5; thence
South 21 °25'51" East parallel with said West line of Lot 5, a distance of 215.719 meters (707.74
feet); thence North 69034'38" East, 94.672 meters (310.60 feet) to the East line of Lot 5; thence
South 21 °25'25" East, along said East line, 138.684 meters (455.00 feet) to the South line of said
Lot 5; thence South 699418" West, along said South line, 106.657 meters (349.92 feet) to the
Southwest comer of said Lot 5, thence North 2102525" West, along said West line of Lot 5, a
distance of 362.381 meters (1188.91 feet) to the Point of Beginning.)
Containing 5.04 ± acres more or less.
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Instrument# 2006-211283 # I
Book: 5898
Page: 954
Diane M. Matousek
Volusia County, Clerk of Court