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Instrument# 2006-211277 # 1
Book: 5898
Page: 915
DENIED
ORDINANCE NO. 2005-0-07
AN ORDINANCE OF THE CITY OF EDGEW A TER
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 AND
HIGH DENSITY RESIDENTIAL FOR PROPERTY LOCATED
AT 2203 SOUTH RIDGEWOOD AVENUE, EDGEW A TER,
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. Halstead Resources Incorporated is the applicant/owner of record for certain real
property located at 2203 South Ridgewood Avenue, Edgewater, Florida. Subject property contains
approximately 2.33 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 for the subject property. The requested
Amendment would change the Future Land Use Map designation from County Urban Low Intensity
to City Commercial and High Density Residential for the property described herein.
3. On March 9, 2005, the Planning and Zoning Board, sitting as the City's Local
2005-0-07
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Instrument. 2006-211277 # 2
Book: 5898
Page: 916
Planning Agency considered the change in the Future Land Use Map designation and by a vote of
6 to 1, recommended to send an unfavorable recommendation to the City Council.
4. In a letter dated March 17, 2005, the Legal Department notified the owners by mail
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.
5. On April 4, 2005, the City Council considered on first reading the proposed change
in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(l)(c), Florida Statutes, on April 18, 2005, 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, April 7,2005.
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
DE SIGNA TION.
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 and High 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).
PARTB.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved change in the Future Land Use
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Instrument# 2006-211277 # 3
Book: 5898
Page: 917
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically Policy 1.5.4 of the Future Land Use Element which addresses
appropriate buffering between commercial and high density residential.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Chief Planner 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 (2003), 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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Instrument# 2006-211277 # 4
Book: 5898
Page: 918
PART H. ADOPTION.
During the April 4, 2005 City Council meeting, first reading of this Ordinance was continued
until the May 2, 2005 meeting.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes to deny this
Ordinance without prejudice due to being non-capatible with surrounding land uses -
recommending medium density staying consistent with surrounding areas, the vote on the first
reading of this ordinance held on May 2, 2005 is as follows:
AYE
NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by and Second by
the vote on the second reading of this ordinance was as follows: THERE WAS NO SECOND
READING DUE TO CITY COUNCIL DENYING ORDINANCE AT FIRST READING
HELD ON MAY 2, 2005.
AYE
NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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Instrument# 2006-211277 # 5
Book: 5898
Page: 919
MOTION TO DENY WITHOUT PREJUDICE AT FIRST READING WAS PASSED
on the 2nd day of May, 2005.
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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
2005-0-07
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CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA
By:Q~!~
, Donald A. Schmidt
Mayor
~oh '(~~~~~k
Robi;t. Matusick \.
Legal Assistant/Paralegal
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Motion to DENY at first reading was
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of May, 2005 under Agenda Item No. 60.
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Instrument# 2006-211277 # 6
Book: 5898
Page: 920
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida:
Begin at the point where the North line ofthe West 1f2 of the Northeast 1/4 of Section 2, Township
18 South, Range 34 East intersects the Easterly Right-of-Way line of the United States NO.1
Highway, a 66 foot Right-of-Way; thence South 26026' East along said Easterly Right-of-Way line
a distance of 1 00 feet; thence East to the West bank of the Indian River North bank a distance of 100
feet more or less, being the point where the North line of the West 1f2 of the Northeast 1/4 of Section
2, Township 18 South, Range 34 East prolonged intersects the West bank of said Indian River
North; thence West along said last mentioned line to the Point of the Beginning; excepting, however,
a 20 foot strip on the South line of said property beginning at point 480 feet East of the East line of
United States Highway No.1, a 66 foot Right-of-Way and running Easterly along the Southern part
of the premises hereby conveyed to the West bank of the Indian River North, and excepting further,
that part of the North 100 feet, measured on the Highway of the West 200 feet of the West 1f2 of the
Northeast 1/4 Section 2, Township 18 South, Range 34 East, which lies East of and adjacent to the
existing Right-of-Way of State Road 5 (U.S. #1) lying East of and within 125 feet of the existing
centerline of said State Road 5 (U.S. #1), being the West 92 feet of the land herein and above
described.
Together with the following described property, also located in Volusia County, Florida, to wit:
The North 69.5 feet of the feet of the following described property:
That certain filled and semi-submerged land lying Easterly from the North 89.5 feet of the U. S. Lot
6, Section 2, Township 18 South, Range 34 East, described as follows: Begin at the Northeast comer
of the above-described property thence North 620 East 253.46 feet to the West Right-of-Way line
of the Intracoastal Waterway: thence South 26014'53" East 101.4 feet; thence 620 West 250.36 feet;
thence North 280 West 101.35 feet to the Point of Beginning.
Containing 2.33 :!: acres more or less.
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