2006-O-22ORDINANCE NO. 2006-0-22
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 LOW
DENSITY RESIDENTIAL TO CITY COMMERCIAL FOR
PROPERTY LOCATED EAST OF 114 OAK RIDGE 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:
Stephen and Jill Hole, owners/applicants for property located east of 114 Oak Ridge
Avenue, Edgewater, Florida. Subject property contains approximately 0.17± acres more or less.
2. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the
owner/applicant is requesting a Comprehensive Plan Amendment for the subject property. The
requested Amendment would change the Future Land Use Map designation from City Low Density
Residential to City Commercial for the property described herein.
3. On June 14, 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
7 to 0, recommended that the City Council approve the request.
4. In a letter dated July 6, 2006 and August 24, 2006, the Legal Department notified the
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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 July 24, 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 September 11, 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 Observer on Thursday, August 31, 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 1, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan ofthe Cityof 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
Map designation is internally consistent with the policies and objectives contained in the Edgewater
Comprehensive Plan, specifically 1.5.4 of the Future Land Use Element states "Intensive
commercial and industrial land uses shall be buffered from low -density residential areas. This will
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be accomplished by locating less intensive transitional uses in between, or by visual buffering with
berms, trees, or other methods to be included in the Land Development Code as deemed appropriate
by the City."
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.
PARTE. 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 for approval by Councilman Vincenzi and Second by Councilwoman Lichter,
the vote on the first reading of this ordinance held on July 24, 2006 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers ABSENT
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
On September 11, 2006 a motion to approve continuance of second reading until the October
2, 2006 City Council meeting was made by Councilwoman Rhodes and Second by Councilman
Vincenzi, motion carried 5-0.
After Motion to approve by Councilwoman Rhodes and Second by Councilman
Vincenz#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
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PASSED AND DULY ADOPTED this 2nd day of October, 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
Y OF EDGEWA O
B
ike Th mas
ayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of October, 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 Lot 9, Block E, Highland Shores, Section One, according to plat thereof recorded in Map
Book 9, Page 63 of the Public Records of Volusia County, Florida and being more particularly
described as follows:
Commence at the Southwest corner of Lot 9, Block E, Highland Shores, Section One, said point
being a 2 inch iron pipe; run thence N 76023'07" E, along the south line of said Lot 9, a distance of
66.81 feet for the Point -of -Beginning; thence N 31059'58" W a distance of 126.69 feet to the
southerly right-of-way of Oak Ridge Avenue, a 47.50 feet right-of-way as now laid out; thence S
67013'41" E a distance of 202.67 feet to the southeast comer of said Lot 9; thence S 76023'07" W,
along the south line of said Lot 9, a distance of 123.19 feet to the Point -of -Beginning.
Containing 0.17 + acres more or less.
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