2006-O-40ORDINANCE NO. 2006-0-40
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
COMMERCIAL TO CITY MEDIUM DENSITY
RESIDENTIAL FOR PROPERTY LOCATED EAST OF OLD
COUNTY ROAD, NORTH OF PEARL STREET,
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:
1. Tom Valley as agent/applicant on behalf of PC Capital, LLC, owners for property
located East of Old County Road, North of Pearl Street, Edgewater, Florida. Subject property
contains approximately 1.1 + 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 Commercial
to City Medium Density Residential for the property described herein.
3. On August 9, 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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5 to 0, recommended that the City Council approve the request.
4. In a letter dated October 19, 2006 and January 4, 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.
On November 6, 2006, 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 22, 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, January 11, 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 1, 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 Medium 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 1.5.5 of the Future Land Use Element states "Higher
density residential development shall be designated for areas adjacent to more intensive land uses
such as Commercial and Light Industrial. Where feasible, visual buffering shall be utilized to
reduce any negative effects on the residents of such development."
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 Rhodes and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on November 6, 2006 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
On January 22, 2007 a motion to continue second reading until February 5, 2007 was made
by Councilman Vincenzi and Second by Councilwoman Rogers, motion carried 5-0.
After Motion for approval by Councilwoman Lichter 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 5th day of February, 2007.
AT'}'`;
Susan .1."+'adcwur[ii
City. Clerk .,
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 THE
CITY OF EDGEWAT���ORH)A
M. a Lomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5th day of
February, 2007 under Agenda Item No.
7 H
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
PARCEL E
A portion of Lot 20, ASSESSOR'S SUBDIVISION OF THE GERONIMO ALVAREZ GRANT,
according to the plat thereof recorded in Map Book 3, Page 137 of the Public Records of Volusia
County, Florida and being more particularly described as follows:
Beginning at the intersection of the Northerly line of said Lot 20 and the Westerly right of way of
U.S. Highway No. 1, a 100 foot right of way as now laid out; thence S 22°37'52" E along said
Westerly right of way a distance of 127.70 feet; thence S 6701131" W a distance of 125.37 feet;
thence S 22036'32" E a distance of 50 feet to the monumented Northerly right of way of Pearl Street;
thence S 67°20'40" W along said Northerly right of way a distance of 174.60 feet; thence N
22038'03" W a distance of 177.81 feet to the Northerly line of said Lot 20; thence N 67018'02" E
along the aforementioned line a distance of 300 feet to the Point of Beginning.
Containing 1.1 ± acres more or less.
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