2021-O-15 - Hodges CPAORDINANCE NO. 2021-0-15
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM VOLUSIA COUNTY INDUSTRIAL
TO CITY INDUSTRIAL WITH CONSERVATION
OVERLAY FOR 14.47E ACRES OF CERTAIN REAL
PROPERTY LOCATED EAST OF U.S. 1 AND SOUTH OF
BOSTON WHALER, EDGEWATER, FLORIDA;
PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF
CONSISTENCY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, James Hodges, applicant, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located east of U.S. 1 and south
of Boston Whaler, within Volusia County, Florida as Industrial with Conservation Overlay.
Subject property contains approximately 14.47± acres.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat., on Wednesday, November 10,
2021, and recommended that the City Council approve the proposed Plan Amendment;
WHEREAS, the City Council feels it is in the best interests of the citizens of the
City of Edgewater to amend its Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
PART A. AMENDMENT.
Ordinance No. 81-0-10, as amended and supplemented, adopting the Comprehensive
Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located
within the City of Edgewater, Florida, shall be amended to include property described in
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Exhibits "A" and "B" on the Future Land Use Map as Industrial with Conservation Overlay.
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Council to consider adoption of
this ordinance on January 10, 2022, at 6:00 p.m. in the City Council Chambers at City Hall, 104
N. Riverside Drive, Florida, after notice published at least 10 days prior to hearing is deemed to
comply with 163.3184, Fla. Stat.
PART C. CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART D. EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
this amendment may nevertheless be made effective by adoption of a resolution affirming its
effective status, a copy of which resolution shall be sent to the state land planning agency. The
amendment shall also not be effective until certification is received from the Volusia
Growth Management Commission.
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PART E. 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, with
property, or circumstance.
PART F. ADOPTION.
After Motion to approve by Councilwoman O'Keefe and Second by Councilwoman
Bennington, the vote on first reading of this ordinance which was held on December 6, 2021,
was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
After Motion to approve by l (i i : 1 LV�, Yl ,r 01 V -) q-.2 12 and
Second by OQ,i k lr`t L-1Dn ?i x.U-tA , the vote on second
reading/public hearing of this ordinance which was held on� was
as follows:
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Mayor Mike Thomas
Councilwoman Christine Power 7�
Councilwoman Gigi Bennington >✓� 'j
Councilwoman Megan O'Keefe x
Councilman Jonah Powers
PASSED AND DULY ADOPTED this I v day o n�� ' 2022.
CITY COUNCIL OF THE
CITY OF EDGEWATER,
FLORIDA
c�
ATTIl r- ti
Bonnie Brown, CMC
City Clerk
For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Yoon
Approved by the City Councilof the City of Edgewater at a
meeting held on this L'clay of 2022
under Agenda Item No 8–b—
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 5 and the North 50 feet of Lot 6, RIVERFRONT ESTATES per map in Map Book
19, Page 18, Public Records of Volusia County, Florida.
This legal description includes any/all adjoining right-of-way relating to the subject property.
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Underlined passages are added.
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