2017-O-43 ORDINANCE NO. 2017-0-43
AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE
COMPREHENSIVE PLAN AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN
MEDIUM INTENSITY TO CITY COMMERCIAL FOR .92± ACRES OF
CERTAIN REAL AT 4265 SOUTH RIDGEWOOD AVENUE,
EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION,
HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY;
PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, THE REGIONAL PLANNING
COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
WHEREAS, a Public Hearing on the question of designating a future land use classification of
the property hereinafter described has been duly held in the City of Edgewater, Florida and at such
hearing, interested parties and citizens for and/or against the proposed designation of the future land use
classification was heard; and
WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an
advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2016), on Wednesday,
September 13, 2017, on 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.
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NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL
OF THE CITY OF EDGEWATER, FLORIDA:
PART A. AMENDMENT.
Article I, Section 21-04 of the City of Edgewater's Land Development Code, 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 by this plan
map amendment to: Amend the Official Future Land Use Map to include property described in Exhibits
"A" and "B"as Commercial.
PART B. PUBLICATION.
Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the
manner prescribed by 163.3184 (11), Fla. Stat. (2016). The City Council shall hold at least ONE (1)
advertised Public Hearing on the proposed Comprehensive Plan Amendment. The publication shall
appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). The advertisement
shall be placed in a newspaper of general paid circulation in the City of Edgewater, and of general
interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of
the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less
than FIVE(5)days a week. The advertisement shall substantially be in the following form:
Notice of Land Use Change
The City of Edgewater proposes to adopt the following ordinance:
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ORDINANCE NO. 2017-0-43
AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE
COMPREHENSIVE PLAN AS AMENDED, BY AMENDING THE
OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN
MEDIUM INTENSITY TO CITY COMMERCIAL FOR .92± ACRES OF
CERTAIN REAL AT 4265 SOUTH RIDGEWOOD AVENUE,
EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION,
HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY;
PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF
ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH
MANAGEMENT COMMISSION, THE REGIONAL PLANNING
COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR
GOVERNMENTAL AGENCY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
A public hearing on the ordinance changing the Future Land Use Map will be held on October 5,
2017 at 6:30 p.m. in Council Chambers, 104 N. Riverside Drive, Edgewater, Florida 32132.
PART C. PUBLIC HEARINGS.
As a condition precedent to the adoption of this ordinance amending the City's Comprehensive
Plan, the City Council shall hold at least one advertised public hearing on the proposed comprehensive
plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage
pursuant to subsection 163.3184 (11), Fla. Stat. (2016). The second public hearing shall be held at the
adoption stage. It shall be held on a weekday at least 5 days after the day that the advertisement is
published. The Adoption Hearing shall be held within 180 days of the Department of Economic
Opportunity having issued its Objections, Comments, and Recommendations Report to the City.
PART D. TRANSMITTAL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall, transmit
a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia
County, Regional Planning Council, the St. Johns River Water Management District, (Water
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Management District), Florida Department of Transportation, Department of Environmental Protection
and to any other unit of local government or governmental agency in the State that has filed a written
request with the City of Edgewater for a copy of such plan amendment . Within TEN (10) working days
following the Adoption Hearing, the City Manager or his designee shall transmit ONE (1) copy of the
Plan Amendment and a copy of this ordinance to the Florida Department of Economic Opportunity. The
City Manager or his designee shall also transmit within TEN (10) working days a copy of the adopted
Amendment to the Comprehensive Plan to the Volusia Growth Management Commission, Volusia
County, Regional Planning Council, the St. Johns River Water Management District (Water
Management District), Florida Department of Transportation, and Department of Environmental
Protection.
PART E. 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 F. 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
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received from the Volusia Growth Management Commission.
PART G. 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 H. ADOPTION.
After motion to approve by Councilman Blazi with second by Councilwoman Power,the
vote on the first reading of this ordinance held on October 2, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary Conroy X
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After motion to approve by CAD...0-1(64 ,per with second by
,the vote on the second reading/public hearing
of this ordinance held on November 13,2017 was as follows:
AYE NAY
Mayor Mike Ignasiak \�
Councilwoman Christine Power
Councilwoman Amy Vogt 'N
Councilman Dan Blazi 'N
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 136 day of November, 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
B -// 4 1,4 1
By:
Robin Matusick Mike Ignasiak U
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this 13th day of
legality by: Aaron R. Wolfe, Esquire November, 2017 under Agenda Item No.
City Attorney 8"
•
Doran, Sims, Wolfe & Ciocchetti
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EXHIBIT"A"
LEGAL DESCRIPTION
The West 200 feet of Lot 5, Riverfront Estates Unit No. 2, according to the Plat thereof, recorded
in Map Book 19, Page(s) 31, of the Public Records of Volusia County, Florida. Less and except
any portion taken for State Road purposes. And being more particularly described as follows:
The Westerly 200 feet of Lot 5, lying Easterly of the 250 foot Right-Of-Way of State Road US-
1, as now laid out, as measured along the Northerly and Southerly lines of said Lot 5, Riverfront
Estates Unit No. 2, according to the plat thereof, recorded in Map Book 19, Page 31, of the
Public Records of Volusia County, Florida.
Containing.92±acres more or less and being in Volusia County,Florida
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