2017-O-55 ORDINANCE NO. 2017-0-55
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM COUNTY URBAN L O W
INTENSITY TO CITY COMMERCIAL FOR
15.52± ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 4558 SOUTH RIDGEWOOD AVENUE,
EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC
HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Glenn D. Storch, P.A. has applied on behalf of Charles J. Barry, owner, for
an amendment to the Comprehensive Plan Future Land Use Map to include property located at
4558 South Ridgewood Avenue within Volusia County, Florida as Commercial. Subject property
contains approximately 15.52±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. (2016), on Wednesday,
December 13, 2017, and by a vote of 6-0, 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:
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2017-0-55
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
Exhibits"A" and "B"on the Future Land Use Map as Commercial (14.21±acres).
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 8,2018 at 6:30 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. (2016).
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hereby superseded by this ordinance to the extent of such conflict.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
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2017-0-55
effective status, a copy of which resolution shall be sent to the state land planning agency.
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 Councilman Blazi with Second by Councilwoman Vogt. 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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2017-0-55
After Motion to approve by .t-7-Cc..91�na} , Second by, .
C-C/[.-&--Nc S)Werru rN I ,c,_�.Pi the vote on the second reading/public hearing of
this ordinance held on March 5, 2018 was as follows:
AYE NAY
Mayor Mike Ignasiak \
Councilwoman Christine Power N
Councilwoman Gigi Bennington Pi5
Councilman Dan Blazi
Councilman Gary T. Conroy __
PASSED AND DULY ADOPTED this 5th day of March,2018.
ATTEST: COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
BP ---Abn(--- -,tr)11Lijr:t, / ij4,
Robin L.Matusick Mike Ignasiak
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the
Edgewater, Florida. Approved as to form and City of Edgewater at a meeting held on
legality by: Aaron R. Wolfe,Esquire this 5th day of March, 2018 under
City Attorney Agenda Item No. 8 ۥ
Doran, Sims, Wolfe &Ciocchetti
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2017-0-55
EXHIBIT "A"
LEGAL DESCRIPTION
The South 100 feet of the North 400 feet of Government Lot 1, lying West of State Road,Section 30,
Township 18 South,Range 35 East Volusia County,Florida.
AND
Parcel #1: The South 600 feet of the North 1000 feet of Lot 1, Section 30, Township 18 South, Range 35
East, Volusia County, Florida, lying Westerly of U.S. Highway Number 1.
Parcel #2: The South 200 feet of the North 1200 feet except:the Easterly 250 feet of Lot#1, Section 30,
Township 18 South,Range 35 East Volusia County,Florida, lying Westerly of U.S. Highway Number 1.
Parcel #3:The Northerly 93 feet of the Southerly 218 feet of Lot 1, Section 30,Township 18 South,
Range 35 East, Volusia County, Florida,lying Westerly of U.S. Highway Number 1, EXCEPT those
lands described in Warranty Deed recorded in Official Records Book 6071, Page 3824 of the Public
Records of Volusia County, Florida.
Containing 15.52±acres more or less and being in Volusia County, Florida
This legal description includes any/all adjoining right-of-way relating to the subject property.
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2017-0-55
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Rick Scott Cissy Proctor
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTMENT.!ECONOMIC OPPORTUNITY
April 13, 2018
The Honorable Michael Ignasiak
Mayor, City of Edgewater
104 North Riverside Drive
Edgewater, Florida 32132
Dear Mayor Ignasiak:
The Department of Economic Opportunity ("Department") has completed its review of the
comprehensive plan amendment adopted by the City of Edgewater on March 5, 2018 by Ordinance
Nos. 2017-0-52 and 2017-0-55 (Amendment No. 18-1ESR),which was received and determined
complete on March 15, 2018. We have reviewed the amendment in accordance with the expedited
state review process set forth in Sections 163.3184(2) and (3), Florida Statutes, and have identified
no provision that necessitates a challenge of the Ordinance adopting the amendment.
If the plan amendment is not challenged by an affected person, the amendment will
become effective 31 days after the Department notified the local government that the amendment
package was complete. If the amendment is challenged by an affected person, the amendment will
not become effective until the Department or the Administration Commission enters a final order
determining the amendment to be "In Compliance." No development orders, development
permits, or land uses dependent on this amendment may be issued or commenced before it has
become effective.
If you have any questions related this review, please contact Joseph Addae-Mensa, Planning
Analyst, by telephone at (850) 717-8476 or by email at joseph.addae-mensa@deo.myflorida.com.
Sincerely,
dripmf
i%
r:mes D. Stansbury, Chief
Bureau of Community Planning and Growth
JDS/jam
cc: Darren Lear, AICP, Development Services Director, City of Edgewater
Bonnie Brown,Senior Planner, City of Edgewater
Hugh W. Harling,Jr., Executive Director, East Central Florida Regional Planning Council
Florida Department of Economic Opportunity I Caldwell Building 1107 E.Madison Street I Tallahassee,FL 32399
850.245.7105 I www.floridajobs.org
www.twitter.com/FLDEO I www.facebook.com/FLDEO
An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice
telephone numbers on this document may be reached by persons using TTY/TTD equipment via the Florida Relay Service at 711.
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