2017-O-52 ORDINANCE NO.2017-0-52
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM COUNTY RURAL TO CITY
RURAL TRANSITIONALLOW DENSITY
TRANSITION WITH CONSERVATION OVERLAY
F OR 14.21± ACRES OF CERTAIN REAL PROPERTY
LOCATED WEST OF THE INTERSECTION OF SOUTH
GLENCOE ROAD AND TAYLOR ROAD, EDGEWATER,
FLORIDA; PROVIDING FOR PUBLIC HEARINGS,
FINDINGS OF CONSISTENCY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Barbara Durrance, owner/applicant with Dennis Wilbur and Clay Mitchel
Durrance, has applied for an amendment to the Comprehensive Plan Future Land Use Map to
include property located west of the intersection of South Glencoe Road and Taylor Road within
Volusia County, Florida as Low Density Transition with Conservation
Overlay. Subject property contains approximately 14.21±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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2017-0-52
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 Low Density
Transition with Conservation Overlay (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hereby superseded by this ordinance to the extent of such conflict.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,
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2017-0-52
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.
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 Conroy with Second by Councilwoman Power,
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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{ 2017-0-52
9
After Motion to approve by C nne--/ , Second by,
l
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
Councilwoman Gigi Bennington RE3 8C-„
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
7 �
By:
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 day 5th day of March, 2018 under
City Attorney Agenda Item No. 8 b
Doran, Sims, Wolfe & Ciocchetti
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2017-0-52
EXHIBIT "A"
LEGAL DESCRIPTION
THAT PART OF THE SOUTH 611.1 FEET. EXCEPT THE EAST 300 FEET AND EXCEPT
ANY PART IN OR EAST OF COUNTY ROAD OF SOUTHWEST 1/4 OF SOUTHWEST 1/4
OF SECTION 36.TOWNSHIP 17 SOUTH. RANGE 33 EAST.
Containing 14.21±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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2017-0-52
9
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2017-0-52
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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 lgnasiak:
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,
otoI
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 Iwww.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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