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RESOLUTION NO.2014-R-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA; RESOLUTION FOR
COUNTY FARMTON MDRI DEVELOPMENT ORDER
LANGUAGE REGARDING GATEWAY DISTRICT
ANNEXATION CONDITIONS; DIRECTING THE CITY
CLERK TO TRANSMIT A COPY OF THIS RESOLUTION
UPON APPROVAL TO VOLUSIA COUNTY; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the City of Edgewater has made the following determinations:
1. At their regular meeting of September 4, 2014 the Volusia County Council will consider
the Master Development Order for the Farmton MDRI.
2. The Volusia County Council has included additional conditions to Paragraphs 10, 122
and 114 of the Resolution approving the Farmton MDRI Master Development Order.
• 3. The City of Edgewater acknowledges and formally approves the following conditions for
annexation of any property located with the Gateway District of the Farmton MDRI Master
Development:
a. The OWNER shall not agree to annexation of any property in the Gateway District
into the City of Edgewater, pursuant to any available annexation procedure in Chapter
171, F.s., as may be amended, including voluntary or involuntary annexation, until
either:
i. The Incremental Development Order (IDO) pursuant to the AIDA for the
Gateway District is adopted by the COUNTY; or
ii. The COUNTY and the City of Edgewater enter into a joint planning
agreement pursuant to Section 163.3171(3), F.S., which, at a minimum,
allocates authority between the local governments to ensure compliance with
• the MDO adopted by the County Council on September 4, 2014 and the
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Farmton Local Plan, as adopted in the Volusia County Comprehensive Plan,
and specifically states that the COUNTY retains all final approval for the
development densities and intensities within the Gateway District,
notwithstanding an annexation into the City of Edgewater
b. This condition shall run with the land and be binding on the OWNER, its successors
in interest and assigns.
c. The MDO shall take effect as defined in paragraph 122 and shall not expire until
twenty (20) years after the build-out date of the Incremental Development Order
(IDO) of the AIDA which results in securing the remaining entitlements that
constitute the build-out development program for the MDRI, and provided that the
completed portions and the remaining portions of the MDRI comply with the
conditions of the MDO and provisions of Section 380.06, F.S. •
d. The Master Development Order(MDO) contained in the County Resolution shall not
be effective until the date the COUNTY receives a certified copy of a resolution
adopted by the City of Edgewater approving the terms in paragraph 14. The
Resolution shall become effective immediately upon its adoption.
NOW,THEREFORE,be it resolved by the City Council of Edgewater, Florida:
Section 1. The City of Edgewater hereby acknowledges and formally approves the
annexation conditions set forth for the Gateway District of the Farmton MDRI Master
Development.
Section 2. The City Council directs the City Clerk to transmit a certified copy of this
Resolution upon approval and adoption to Volusia County.
Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed.
•
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• Section 4. This resolution shall take effect upon adoption.
After a motion to approve by I A. _. . a s with Second
by U]anni]maA Tral)t0L L the vote on this resolution held on
September 8,2014 was as follows:
AYE ,p NAY
Mayor Mike Thomas Gtlilet..(
Councilwoman Christine Power X
Councilwoman Gigi Bennington �(
Councilman Mike Ignasiak X
Councilman Gene Emter X
PASSED AND DULY ADOPTED this 8th day of September, 2014.
• ATTEST: CITY COUNCIL OF THE
CITY O EDGEW TE , F44/12 p A
•
Ito
Bonnie Wenzel Mike Th i mas
' C" y flerk ayor
",TT
Robin L. Matusick
41-r" Paralegal
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of Edgewater
Florida. Approved as to form and legality by: at a meeting held on this 8`h day of September,2014
Aaron R.Wolfe,Esquire under Agenda Item No 8 h •
City Attorney
Doran,Sims,Wolfe,Kundid,
Ciocchetti& Wagner
4111
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