2004-O-49
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ORDINANCE NO. 2004-0-49
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 CITY MEDIUM
DENSITY RESIDENTIAL TO CITY COMMERCIAL FOR
PROPERTY LOCATED AT 820 WEST PARK 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 VOL USIA
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. Williamson Dacar Associates, Inc. is the applicant/agent of record for Golden Star
of Central Florida, Inc. who are the owners of certain real property located at 820 West Park
Avenue, Edgewater, Florida. Subject property contains approximately 4.95 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 City Medium Density
Residential to City Commercial for the property described herein.
3. On December 8, 2004, 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
5 to 0, recommended that the City Council approve the request.
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4. In a letter dated December 13 , 2004, 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 December 20, 2004, the City Council considered on first reading the proposed
change in the Future Land Use Map designation.
6. Pursuant to Section 163.3187(l)(c), Florida Statutes, on January 10,2005, 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, December 30,2004.
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
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 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 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 Policy 1.5.4 of the Future Land Use Element which addresses
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appropriate buffering between commercial and low density residential.
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.
PARTF.
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.
PARTG.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption.
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PART H. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading ofthis ordinance held on January 10, 2005 is 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
After Motion by Councilwoman Lichterand Second by Councilwoman Rhodes
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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PASSED AND DULY ADOPTED this 24th day of January, 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
ByQ�02
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 24th day
of January, 2005 under Agenda Item No.
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EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Lot 37, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT, Section 52,
Township 17 South, Range 34 East, according to the plat thereof, recorded in Map Book 3, Page 137
of the Public Records of Vol usia County, Florida, lying southerly of Park Avenue, an 80-foot right
of way as now laid out, and lying easterly of Carol Ann Drive, a 60-foot right of way, as shown on
plat of Park A venue Estates, recorded in Map Book 34, Page 69 of the Public Records of V olusia
County, Florida and being more particularly described as follows:
For a point of Beginning; commence at the intersection of the easterly line of the westerly 1754 feet
of said Lot 37 and the southerly right of way of said Park Avenue; thence North 67004'35" East,
along said southerly right of way, a distance of 364.00 feet to the easterly line of those lands
described in Official Records Book 2458, page 0078 of the Public Records of Volusia County,
Florida; thence South 23 00 1 '20" East, along said easterly line of those lands described in Official
Records Book 2458, Page 0078, a distance of 469.91 feet; thence South 67025'12" West, a distance
of 364.01 feet; thence North 23001'20" West, a distance of 168.10 feet; thence South 67007'44"
West, a distance of 150.00 feet to the easterly right of way of said Carol Ann Drive; thence North
23001 '20" West, along said easterly right of way, a distance of299.49 feet to said southerly right of
way of Park Avenue; thence North 67004'35" East, along said southerly right of way, a distance of
150.00 feet to the Point of Beginning.
Containing approximately 4.95:i: acres.
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