2018-O-31 ORDINANCE NO. 2018-0-31
AN ORDINANCE OF THE CITY OF EDGEWATER
AM�NDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM COUNTY U R B A N L O W
INTENSITY TO CITY COMM�RCIAL FOR 1.37f
ACRES OF C�RTAIN REAL PROP�RTY LOCATED 4520
SOUTH RIDGEWOOD AVENUE, EDGEWATER, FLORIDA;
PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF
CONSISTENCY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
WH�REAS, Glenn D. Storch, applicant for Charles J. Barry, property owner, has
applied for an amendment to the Comprehensive Plan Future Land Use Map to include property
located at 4520 South Ridgewood Avenue within Volusia County, Florida as Commercial.
Subject property contains approximately 1.37f acres.
WHER�AS, 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, October
10, 2018, 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, TH�REFORE,BE IT �NACTED BY THE CITY COUNCIL OF TH�
CITY OF EDGEWATER, FLORIDA:
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2018-0-31
PART A. AM�NDMENT.
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 (1.37�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 December 3, 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 ocdinances 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hereby superseded by this ordinance to the extent of such conflict.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. EFFECTIV�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 Cominission enters a final ordec
detennining 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 Administcation Commission,
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.
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2018-0-31
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 Councilwoman O'Keefe, with Second by Councilman
Conroy, the vote on the first reading of this ordinance held on January 7, 2019, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
District 2 VACANT
Councilwoman Megan O'Keefe X
Councilman Gary T. Conroy X
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2018-0-31
After Motion to approve by �C-�.c ?;�-�,•_��,�i.��r=���A--M ���, �'::� ��.,-c::;i Second by, .
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�����.�,-���;y.'�..� ,-;�T;-� �..`� �'°��rt,�����;,' the vote on the second reading/public hearing of
this ordinance held on March 4, 2019, was as follows:
AYE NAY
Mayor Mike Thomas `��.;
Councilwoman Christine Power \;
District 2 VACANT
Councilwoman Megan O'Keefe �`..
Councilman Gary T. Conroy ti,;
PASSED AND DULY ADOPTED this 4th day of March, 2019.
A�'TEST:, COUNCIL OF THE
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_.� By: i;_ ,,, ��_;.8�+��!'_iCLa_�v:�.�- .;L, ' ` \ , !
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� Robin L:,Matusick � Mike 1� as
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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 Edgewatec at a meeting held on
legality by: Aaron R. Wolfe, Esquire this 4`�' day of March, 2019, under
City Attorney Agenda Item No. 8 F�:;
Doran, Sims, Wolfe & Ciocchetti •��
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2018-0-31
EXHIBIT "A"
L�GAL DESCRIPTION
The Sou[h l 00 feet of�the North =�00 teet of Government l.,ot I. lying West of Stale Road.
Section 30. To�%ilship 18 South. Ran��e 3� Cast Volusi� Co�inty. Florida.
Containing 137f acres more or less and being in Volusia County,Florida
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EXHIBIT "B"
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2018-0-31