2018-O-03 - 4233 S Ridgewood Avenue CPA ORDINANCE NO.2018-0-03
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 1.49± ACRES
OF CERTAIN REAL AT 4233 SOUTH RIDGEWOOD AVENUE (PID
8538-10-00-0041), 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, December 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.
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 Commercial.
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
amendment may nevertheless be made effective by adoption of a resolution affirming its effective
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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 Councilman Blazi, with Second by Councilwoman Power, the
vote on the first reading of this ordinance held on February 5, 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 4.... L:7GLk TSG r ( with
Second by -c�c,�)��lf�� t �,r� , the vote on the second reading/public
hearing of this ordinance held on March 5, 2018, was as follows:
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power
Councilwoman Amy Vogt C Efi11
Councilman Dan Blazi
Councilman Gary T. Conroy ti
PASSED AND DULY ADOPTED this 5th day of March, 2018.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: k4: f
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1. .$6514
Robin Matusick Mike Ignasiak
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 5`h day of
legality by: Aaron R. Wolfe, Esquire March, 2018 under Agenda Item No. 8 .
City Attorney
Doran, Sims, Wolfe&Ciocchetti
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EXHIBIT"A"
LEGAL DESCRIPTION
THE WESTERLY 200 FEET OF LOT 4,PLAT OF RIVERFRONT ESTATES UNIT NO. 2,
LESS AND EXCEPT ANY PORTION TAKEN FOR STATE ROAD PURPOSES,
ACCORDING TO THE PLAT THEREOF, RECORDED IN MAP BOOK 19,PAGE 31 OF
THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.
Containing 1.49±acres more or less
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