2006-O-15ORDINANCE NO. 2006-0-15
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 CITY MEDIUM
DENSITY RESIDENTIAL TO CITY COMMERCIAL FOR
PROPERTY LOCATED WEST OF U. S. HIGHWAY NO. 1,
SOUTH OF 1900 SOUTH RIDGEWOOD AVENUE,
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:
Tom Corbett, Florida Concepts, Inc. (agent) on behalf of Federal Trust Bank,
owner/applicant for property located West of U. S. Highway No. 1, South of 1900 South Ridgewood
Avenue, Edgewater, Florida. Subject property contains approximately 0.45± 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 City Medium
Density Residential to City Commercial for the property described herein.
On March 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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7 to 0, recommended that the City Council approve the request.
4. In a letter dated April 28, 2006 and August 3, 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.
5. On May 15, 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 August 21, 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,
August 10, 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 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
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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 163.3157(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 to approve by Councilwoman Rhodes and Second by Councilwoman Lichter,
the vote on the first reading of this ordinance held on May 15, 2006 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers X
Councilman Dennis Vincenzi ABSENT
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
After Motion to approve 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 ABSENT
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
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PASSED AND DULY ADOPTED this 21 st day of August, 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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CITY COUNCIL OF THE
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Robin atusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 21 at day
of August, 2006 under Agenda Item No.
6 c .
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
A part of U.S. Government Lot 3, Section 2, Township 18 South, Range 34 East, Volusia County,
Florida and being more particularly described as follows:
Commence at the intersection of the Southerly R/W line of Indian River Boulevard, 65 foot R/W,
and also known as State Road #442, as shown on map in Map Book 23, Page 57 of the Public
Records of Volusia County, Florida and the Westerly R/W line of U.S. Highway No. 1, a 158 foot
R/W as now laid out; thence S 29°00'30" E along the said Westerly R/W, a distance of 547.31 feet
to the PC of a curve concave to the West; thence Southerly along said curve having a radius of
11,333.35 feet a central angle of 1039'54", an arc distance of 329.34 feet for the Point of Beginning;
thence continuing along said curve having a radius of 11,333.35 feet, a central angle of 0038'36",
an are distance of 127.25 feet to the PT of said curve; thence continuing along the Westerly R/W
and along the tangent of the previously described curve S 26°42'00" E, a distance of 407.75 feet;
thence S 89035'34" W, a distance of 593.42 feet; thence N 000759" E, a distance of 299.98 feet;
thence N 62039'16" E, a distance of 395.93 feet to the Point of Beginning.
Containing 0.45 ± acres more or less.
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