2006-O-0807/26/2006 09:13 AM
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nstnmentil 2006-189178 1 1
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ORDINANCE NO. 2006-0-08
AN ORDINANCE OF THE CITY OF EDGEWATER
G� AMENDING THE COMPREHENSIVE PLAN ORDINANCE
ll NO. 2003-0-04 AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY
URBAN LOW INTENSITY TO CITY LOW DENSITY
TRANSITION WITH CONSERVATION OVERLAY FOR
PROPERTY LOCATED AT 2923 OAK TRAIL, EDGE WATER,
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:
Anthony and Melissalancellotta, owners/applicants forproperty located at 2923 Oak
Trail, Edgewater, Florida. Subject property contains approximately 0.9 acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
owners/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 Low Density Transition with Conservation Overlay for the property described
herein.
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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5 to 0, recommended that the City Council approve the request.
4. In a letter dated March 20, 2006 and March 31, 2006, 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.
On April 3, 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 May 1, 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, April
20, 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 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 Low Density Transition 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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CZ) C�
m Map designation is internally consistent with the policies and objectives contained in the Edgewater
R30c0
g7g M O Comprehensive Plan, specifically Policy 1.8.3 of the Future Land Use Element states "New
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development proposed within the County in areas that are contiguous to the City shall be annexed
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ma into the City and developed to City standards as a condition for the extension of public utilities."
to
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.
is3 O W
g^ X ID After Motion by Councilwoman Rhodes and Second by Councilwoman Rogers, the vote on
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the first reading of this ordinance held on April 3, 2006 is as follows:
Yv
mp AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers X
Councilman Dennis Vincenzi ABSENT
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
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 x
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 10th day of July, 2006.
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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5
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.
6H
m
83 O -. EXHIBIT "A"
-cor
a LEGAL DESCRIPTION
0 a
m00
The following described real property all lying and being in the County of Volusia and State of
Florida
A portion of Parcel 8, Stanley Acres, an unrecorded subdivision being part of Lots 20 and 21, Model
Land Company Subdivision, as shown on map in Map Book 5, Page 187 of the Public Records of
Volusia County, Florida and being more particularly described as follows:
Commence at a concrete monument being the Southeast comer of Lot 22, said Model Land
Company Subdivision; thence S 69038'30" W along the South line of said Model Land Company
Subdivision, a distance of 169.23 feet to the Westerly R/W line of Air Park Road; thence N
23024' 10" W along said Westerly R/W line of Air Park Road, a distance of 1046.67 feet; thence S
69038'30" W, a distance of 376.59 feet for the Point of Beginning; thence S 21007'05" E, a distance
of 49.00 feet; thence S 69038'30" W, a distance of 175.00 feet; thence S 21007'05" E, a distance of
125.00 feet; thence S 69038'30" W, a distance of 175.00 feet; thence N 21007'05" W, a distance of
174.00 feet; thence N 69038'30" E, a distance of 350.00 feet to the Point of Beginning.
Containing 0.9 ± acres more or less.
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Instrment# 2006-189178 f 7
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Diane M. Matousek
Volusia County, Clerk of Court