2007-O-02ORDINANCE NO. 2007-0-02
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 COUNTY
URBAN MEDIUM INTENSITY TO CITY COMMERCIAL
WITH CONSERVATION OVERLAY FOR PROPERTY
LOCATED AT 2310 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:
Thomas Wenski, Bishop of the Diocese of Orlando, owner/applicant of property
located at 2310 South Ridgewood Avenue, within Volusia County, Florida. Subject property
contains approximately 9.97 + acres more or less.
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 County Urban
Medium Intensity to City Commercial with Conservation Overlay for the property described herein.
3. On November 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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6 to 0, recommended that the City Council approve the request.
4. In a letter dated January 5, 2007 and March 16, 2007, 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 January 22, 2007, 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 April 9, 2007, 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, March 29, 2007.
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 adoptingthe Comprehensive Planof the City ofEdgewater,
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 with Conservation Overlay 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 1.8.2 of the Future Land Use Element states "In order to
reduce land use conflicts and for efficient public service provision, the City shall investigate and,
where feasible, annex all enclaves as soon as possible."
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 by a court of competentjurisdiction, 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 circumstances by a court of competent jurisdiction, 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 Councilman Vincenzi,
the vote on the first reading of this ordinance held on January 22, 2007 is 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
During the April 9, 2007 Council meeting a Motion was made to CONTINUE the second
reading/public hearing until May 7, 2007 by Councilwoman Rogers with Second by Councilman
Vincenzi, Council approved 4-0 (Councilwoman Rhodes absent).
After Motion for approval by Councilwoman Rogers and Second by Councilwoman
Rhodes , 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 7th day of May, 2007.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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CITY COUNCIL OF
CITY OF EDGA WA;
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 7th day of
May, 2007 under Agenda Item No. 7 C
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
The Northwest 1/4 of the Northwest 114, West of the State Road, EXCEPT the Northerly 210 feet
of the Easterly 210 feet thereof.
ALSO EXCEPT the 9.785 acres in the South portion described as follows: Beginning at an iron pin
on the Southeast corner of the Northwest 1/4 of the Northeast 1/4 and running West, a distance of
1320 feet to a comer; thence North, a distance of 83.0 feet to a comer; thence Northeasterly, a
distance of 1145.7 feet to a corner on the Westerly side of the State Road; thence Southeasterly
along the State Road, a distance of 618.4 feet to a comer; thence South a distance of 24.3 feet to a
Point of Beginning. All of the above being located in Section 2, Township 18 South, Range 34 East,
Volusia County, Florida.
ALSO EXCEPT: Commence at the intersection of the North line of said Section 2 and the Westerly
line of said U.S. Highway No. 1; thence Westerly along the Northerly line of said Section 2, a
distance of 210 feet for the Point of Beginning; thence South 2604 F41" East and parallel to said
Westerly line of U.S. Highway No. 1, a distance of 210 feet; thence Easterly and parallel to the
North line of said Section 2, a distance of 210 feet to the said Westerly line of U.S. Highway No.
1; thence South 64012' 19" West, a distance of 704.40 feet; thence South 26041'41" East and parallel
to the said U.S. Highway No. 1, a distance of 618.4 feet to the Northerly line of SILVER RIDGE
SUBDIVISIONS UNITS 1 AND 2, and recorded in Map Book 25, Page 87 and Map Book 27, Page
50, respectively; thence South 64' 12' 19" West along the Northerly line of Silver Ridge Subdivision,
a distance of 441.30 feet to the Westerly line of the Northwest 1/4 of the Northeast 1/4, said Section
2; thence Northerly along the said Westerly line, a distance of 1237 feet more or less to the said
North line of Section 2; thence Easterly along the said North line a distance of 465.9 feet to the Point
of Beginning.
Re -described as follows:
A portion of the Northwest 1/4 of the Northeast 1/4 of Section 2, Township 18 South, Range 34
East, Volusia County, Florida, lying westerly of U.S. Highway No. 1, being described as follows:
For a Point of Beginning, commence at the Southeasterly comer of Pelican Cove West Subdivision -
Phase 1, as recorded in Map Book 38, Pages 172 and 173 of the Public Records of Volusia County,
Florida, said point being the Southeasterly comer of Lot 13, Block "C" of said Pelican Cove West
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Subdivision - Phase 1; thence North 26041'11" West, along the Easterly line of said Pelican Cove
West Subdivision - Phase 1, a distance of 615.29 feet; thence North 64012'49" East, a distance of
704.40 feet to a 4" x 4" concrete monument with an iron rod representing a point on the Westerly
right of way of U.S. Highway No. 1; thence South 26050'36" East, along the Westerly right of way
of U.S. Highway No. 1 as monumented and by general acceptance, a distance of 616.32 feet to the
Easterly prolongation of the Northerly line of Silver Ridge Subdivision - Unit No. 1, as recorded in
Map Book 25, Page 87 of the Public Records of Volusia County, Florida; thence South 64017'40"
West, along said Easterly prolongation and along said Northerly line of Silver Ridge Subdivision -
Unit No. 1, a distance of 706.10 feet to the Point of Beginning.
Containing 9.97 ± acres more or less.
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