2006-O-24ORDINANCE NO. 2006-0-24
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 HIGH
DENSITY RESIDENTIAL AND COMMERCIAL TO CITY
LOW DENSITY RESIDENTIAL FOR PROPERTY LOCATED
SOUTH 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:
Dana and Marcia Cornelius, owners/applicants for property located south of 114 Oak
Ridge Avenue, Edgewater, Florida. Subject property contains approximately 0.38± 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 High Density
Residential and Commercial to City Low Density Residential for the property described herein.
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
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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
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 I, Section 21-04 of the City of Edgewater's Land Development Code, as
amended and supplemented, said Article adopting the Comprehensive Plan ofthe 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 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
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Comprehensive Plan, specifically Policy 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
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.
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.
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PART G. EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
PART H. ADOPTION.
After Motion for approval by Councilwoman Lichter and Second by Councilwoman Rhodes,
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 Rogers and Second by Councilman
Vincenzi , 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.
:r
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
2006-O-2a
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CITY COUNCIL OF THE
ITY OF EDGEWATERA
Y.
Mike omas
Mayor
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 D
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
L&I NA) DI IVIE
A portion of Lots 21 and 22, Assessor's Subdivision of the Joseph Sanchez and the Robert Shepard
Grants as recorded in Map Book 3, Page 49 of the Public Records of Volusia County, Florida, all
being more particularly described as follows:
Commence at the Southeast comer of Lot 10, 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,
said Point of Commencement being a 2 inch iron pipe; run thence S 75003'06" W along the
Southerly line of said Lot 10, said line also being described as the Northerly line of Lot 21, said
Assessor's Subdivision of the Joseph Sanchez and Robert Shepard Grants a distance of 8.18 feet;
thence S 21029'41" E a distance of 99.71 feet; thence S 76027'40" W a distance of 93.89 feet; thence
N 13040' 14" W a distance of 98.64 feet; thence N 76022'59" E, a distance of 80.32 feet to the Point
of Beginning.
Containing 0.20 + acres more or less.
PARCEL #2 -
A portion of Lots 21 and 22, Assessor's Subdivision of Joseph Sanchez and Robert Shepard Grant,
as recorded in Map Book 3, Page 49, Public Records of Volusia County, Florida, more particularly
described as follows:
Commence at the point of intersection of the North line of said Lot 21 and the Westerly right-of-way
line of U.S. #1 Highway (a 100 foot right-of-way), as now laid out; thence South 76022'59" West,
a distance of 230.17 feet to the Point of Beginning; thence continue South 76022'59" West, a
distance of 75.00 feet; thence South 21029'09" East, a distance of 99.75 feet; thence North 76028'30"
East, a distance of 75.00 feet; thence North 16049'53" West, a distance of 99.08 feet to the Point of
Beginning.
Containing 0.18 ± acres more or less.
Total area 0.38 + acres more or less.
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