2018-O-06 - 1833 N Pinedale Road CPA ORDINANCE NO.2018-0-06
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 TRANSITION FOR
1.16± ACRES OF CERTAIN REAL AT 1833 NORTH PINEDALE
ROAD (PID 8438-01-00-0110), 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, February 14, 2018, 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 Conroy with Second by Councilwoman Power, the
vote on the second reading/public hearing of this ordinance held on March 5, 2018 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Voet ABSENT
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve by _CL V =�I Wcw�r r�� mer with
Second by i , the vote on the second reading/public
hearing of this ordinance held on April 2, 2018,was as follows:
AYE NAY
Mayor Mike Ignasiak �v
Councilwoman Christine Power �+
Councilwoman Amy Vogt \moi
Councilman Dan Blazi V
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 2nd day of April, 2018.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
By:/
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 2"d day of
legality by: Aaron R. Wolfe, Esquire April,2018 under Agenda Item No. 8 8City Attorney
Doran, Sims, Wolfe&Ciocchetti
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EXHIBIT"A"
LEGAL DESCRIPTION
The Northerly 150.25 feet of the Easterly 337.5 feet of Lot Eleven (11), lying North of State
Road No. 442, a 120 foot right of way, ASSESSOR'S SUBDIVISION, of the Samuel Betts
Grant, according to map or plat thereof as recorded in Map Book 3, Page 153, of the Public
Records of Volusia County, Florida: Together with a permanent, non-exclusive easement for
ingress and egress purposes over the following described land, lying in Volusia County, Florida:
The Westerly 50 feet of the Easterly 387.5 feet of Lots Ten (10) and Eleven (11), ASSESSOR'S
SUBDIVISION, of the Samuel Betts Grant, according to map or plat thereof as recorded in Map
Book 3, Page 153, of the Public Records of Volusia County,Florida.
Containing 1.16±acres more or less
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