2017-O-59 ORDINANCE NO.2017-0-59
AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING
THE COMPREHENSIVE PLAN AS AMENDED, BY AMENDING
THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN
LOW INTENSITY TO CITY LOW DENSITY RESIDENTIAL FOR
.22±ACRES OF CERTAIN REAL AT 129 SOUTH CORY DRIVE(PH)
8412-05-00-0760), 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 F.S. §163.
WHEREAS,the Planning and Zoning Board, sitting as the City's Local Planning Agency, held a
Public Hearing pursuant to F.S. §163.3174 on Wednesday, November 8, 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.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER,FLORIDA:
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PART A. AMENDMENT.
The Comprehensive Plan, adopted pursuant to Ordinance 81-0-10, regulating and restricting
the use of lands located within the City of Edgewater, Florida, shall be amended by including
property described in Exhibits "A" and "B" on the Official Future Land Use Map as Low Density
Residential.
PART B. PUBLICATION.
Notice of this proposed change to the Edgewater Comprehensive Plan shall be published in
the manner prescribed by F.S. §163.3184.
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 pursuant to F.S. §163.3184 for the purpose of
transmitting the proposed amendment to the Volusia Growth Management Commission and Florida
Department of Economic Opportunity.
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
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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.
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 Councilwoman Power with Second by Councilman Blazi, the
vote on the first reading of this ordinance held on January 8, 2018, was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve by iLtx)--u.Cip) 1
Y with
Second by E r. a2 _')5--) , the vote on the second reading/public
hearing of this ordinance held on February 5,2018,was as follows:
AYE NAY
Mayor Mike Ignasiak ,w
Councilwoman Christine Power �+
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T.Conroy �►
PASSED AND DULY ADOPTED this 5th day of February, 2018.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: Mike IgKke/' JA/44rIgnas
111
Robin Matusick
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 5th day of
legality by: Aaron R. Wolfe, Esquire February,2018 under Agenda Item No. 8 .
City Attorney
Doran, Sims, Wolfe&Ciocchetti
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EXHIBIT"A"
LEGAL DESCRIPTION
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 1, BELLA VISTA,
UNIT NO. 3,ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN MAP BOOK 9,
PAGE 298,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND THE EASTERLY
RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE NORTH 68 DEGREES 41' EAST
1300.19 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 1; THENCE NORTH 16 DEGREES
19' WEST 175 .09 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 16
DEGREES 19' WEST 124.9 FEET; THENCE SOUTH 68 DEGREES 41' WEST 75 FEET; THENCE
SOUTH 16 DEGREES 19EAST124.9 FEET; THENCE NORTH 68 DEGREES 41 EAST 75 FEET TO
THE POINT OF BEGINNING;
TOGETHER WITH THE RIGHT TO USE A 50 FOOT EASEMENT (KNOWN AS CORY DRIVE)
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 1, BELLA VISTA,
UNIT NO. 3,ACCORDING TO THE MAP OR PLAT THEREOF,AS RECORDED IN MAP BOOK 9,
PAGE 298, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND THE EASTERLY
RIGHT OF WAY LINE OF U.S.HIGHWAY NO. 1;THENCE NORTH 16 DEGREES 19'WEST 149 .9
FEET FOR THE POINT OF BEGINNING; THENCE NORTH 68 DEGREES 41 EAST 425 FEET;
THENCE SOUTH 16 DEGREES 19' EAST 25 FEET; THENCE NORTH 68 DEGREES 41 EAST
875.19 FEET; THENCE NORTH 16 DEGREES 19 WEST 50.19 FEET; THENCE SOUTH 68
DEGREES 41 WEST 825 FEET; THENCE NORTH 16 DEGREES 19 WEST 25 FEET; THENCE
SOUTH 68 DEGREES 41' WEST 475.19 FEET TO THE EASTERLY RIGHT OF WAY LINE OF U.S.
HIGHWAY NO. 1; THENCE 16 DEGREES 19 EAST 50.19 FEET ALONG SAID EASTERLY RIGHT
OF WAY LINE TO THE POINT OF BEGINNING. ALL LYING AND BEING IN LOT 1, BELLA
VISTA, UNIT NO. 3, AKA LOT 76 CORY ESTATES, ACCORDING TO SURVEY IN OFFICIAL
RECORDS BOOK 233,PAGE 27,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA.
Containing .22±acres more or less
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