2006-O-35ORDINANCE NO. 2006-0-35
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 LOW INTENSITY TO CITY COMMERCIAL FOR
PROPERTY LOCATED AT 1540 AIR PARK ROAD,
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:
Mark Karet of Zev Cohen and Associates, Inc. as agent/applicant on behalf of
Edgewater Airpark, LLC, owners for property located at 1840 Air Park Road, Edgewater, Florida.
Subject property contains approximately 0.60 ± 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 County Urban Low
Intensity to City Commercial for the property described herein.
3. On September 13, 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
6 to 0, recommended that the City Council approve the request.
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4. Ina letter dated October 19, 2006 and January4, 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 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(1)(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 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 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 1.8.3 of the Future Land Use Element states "New
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development proposed within the County in areas that are contiguous to the City shall be annexed
into the City and developed to City standards as a condition for the extension of public utilities."
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.
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 Rhodes,
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 Councilwoman Rhodes and Second by Councilwoman Lichter, motion carried 5-0.
After Motion for approval by Councilwoman Lichter and Second by Councilwoman
Rogers , 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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R
PASSED AND DULY ADOPTED this Sth day of February, 2007.
t i i vsF: ^5wntp
u�
Susan 3. NA adsworth , t, O
Cih 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 EDGE RIDA
Mike Thomas
Mayor
�-� FtJRobin L. Oenyi a( tusk
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 D
EXHIBIT "A"
LEGAL DESCRIPTION
The following described real property all lying and being in the County of Volusia and State of
Florida.
f7J:iy�11L�:
The Southerly 31.77 feet of that part of Lot 261, lying Westerly of Air Park Road, a 50 foot right-of-
way as now laid out and described per Official Records Book 2141, Page 1168, Public Records of
Volusia County, Florida, and that part of Lot 262, lying Westerly of Air Park Road and that part of
Lot 263, lying Westerly of said Air Park Road and Northerly of State Road No. 442, a 120 foot
right-of-way as now laid out, Assessor's Subdivision of the Samuel Betts Grant as shown on map
in Map Book 3, Page 153, Public Records of Volusia County, Florida, and being more particularly
described as follows:
Commence at the Northwest comer of Lot 227, said Assessor's Subdivision of Samuel Betts Grant,
thence South 21006'40" East along the Westerly line of said Lot 227, and its Southerly extension
thereof, a distance of 993 feet for the Point of Beginning; thence North 69038'30" East a distance
of 159.02 feet to a point on the Westerly right-of-way line of said Air Park Road; thence South
14004'29" West along said Westerly right-of-way line a distance of 173.30 feet to the Northerly line
of said State Road No. 442; thence South 68050'55" West along said Northerly right-of-way, a
distance of 137.86 feet to the Westerly line of said Lot 263; thence North 21006'40" West along the
Westerly line of said Lot 261, 262, and 263, a distance 174.19 feet to the Point of Beginning.
Containing 0.60 + acres more or less
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