2005-O-08
. .
ORDINANCE NO. 2005-0-08
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
COMMERCIAL TO HIGH DENSITY RESIDENTIAL FOR
PROPERTY LOCATED ON THE SOUTHEAST CORNER OF
FALCON 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. Targator Partners, LLC are the owner/applicant for property located at the Southeast
comer of Falcon A venue, Edgewater, Florida. Subject property contains approximately 2.67 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 Commercial to High Density
Residential for the property described herein.
3. On March 9, 2005, 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. In a letter dated April 4, 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 18, 2005, 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 2, 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 21,2005.
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
DESIGNA 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 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 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).
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 1.5.5 of the Future Land Use Element which states that
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higher density residential development shall be designated for areas adjacent to more intensive land
uses.
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 (2002), 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 April 18, 2005 is as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
After Motion by Councilwoman Lichter and Second by Council man Vincenzi, the vote on
the second reading of this ordinance was 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
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A
PASSED AND DULY ADOPTED this 2nd day of May, 2005.
ATTEST:
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 THE
CITY OF EDGEWATER, FLORIDA
sy: sw6i
Donald A. Schmidt
Mayor
�e� JY T�c'��Lv.rJt
Robin L. Matustck
Legal Assistant/Paralegal
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. 6C.
EXHIBIT" A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of V olusia and State of
Florida.
A portion of Lots 14 and 15, HIGHWAY SUBDIVISION, as shown on map recorded in Map Book
8, Page 222 of the Public Records of Volusia County, Florida, together with a portion of the
Northeast Quarter (1/4) of Section 2, Township 18 South, Range 34 East, Volusia County, Florida
being more particularly described as follows:
Begin at the Northeast corner of Lot 8, PELICAN COVE WEST PHASE 3, as shown on the map
recorded in Map Book 46, Page 171, of the Public Records of V olusia County, Florida; thence along
the Southerly right-of-way line of Falcon A venue, North 90 degrees 00 minutes and 00 seconds East
a distance of 140.00 feet; thence South 00 degrees 00 minutes 00 seconds West, a distance of80.00
feet; thence North 90 degrees 00 minutes and 00 seconds East, a distance of 100.00 feet; thence
South 00 degrees 00 minutes 00 seconds West, a distance of 158.95 feet; thence South 25 degrees
47 minutes 11 seconds East, a distance of 172.55 feet; thence South 64 degrees 12 minutes 49
seconds West, a distance of 335.41 feet to the most Easterly corner of Lot 1, PELICAN COVE
WEST, PHASE 3, aforesaid; thence along the Easterly line of said subdivision of the following
courses, North 25 degrees 47 minutes 03 seconds West, a distance of 30.00 feet; thence North 00
degrees 00 minute 00 seconds East, a distance of 513.21 feet to the POINT OF BEGINNING.
Containing 2.67 2: acres more or less.
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