2019-O-07 - 3757 S Ridgewood Avenue CPA FAILED - 2/3 vote
ORDINANCE NO. 2019-0-07
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM COMMERCIAL WITH
CONSERVATION OVERLAY TO MEDIUM DENSITY
RESIDENTIAL WITH CONSERVATION OVERLAY FOR
17.291 ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 3757 SOUTH RIDGEWOOD AVENUE
AND THE TWO VACANT PARCELS TO THE
SOUTH , 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
THAT HAS REQUESTED A COPY OF THE PLAN
AMENDMENT; 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 Chapter 163,
F.S.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, held a Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2016),
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on Wednesday, May 8, 2019,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:
PART A. AMENDMENT
The Comprehensive Plan, adopted pursuant to Ordinance 81-0-10 as amended, regulating
and restricting the use of lands located within the City of Edgewater, Florida, shall be amended
by this plan map amendment to include property described in Exhibits "A" and "B" as
Medium Density Residential with Conservation Overlay on the Official Future Land Use Map.
PART B. PUBLICATION
Notice of this proposed change of the Edgewater Comprehensive Plan shall be published
in the manner prescribed by 163.3184,Florida Statutes(2016).
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 163.3184, Florida Statutes(2016).
PART D. TRANSMITTAL OF AMENDMENTS TO PLAN
The City Manager or his designee shall transmit the plan amendment pursuant to
163.3184, Florida Statutes(2016).
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.
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2019407
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 status, a copy of which resolution shall be sent to the state land planning agency.
PART G. SEVERABQ.ITY 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.
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PART H. ADOPTION
After Motion to approve by Councilwoman Power with Second by Councilwoman
O'Keefe, the vote on the first reading of this ordinance held on June 3, 2019,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary T. Conroy X
ORDINANCE FAILED DUE TO 2 - 3 VOTE - NO NEED FOR 2NO
READINGIPUBLIC HEARING
After Motion to approve by ,
Second by, the vote on the second
reading/public hearing of this ordinance held on , 2019 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
Councilman Gary T. Conroy
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2019-0-07
PASSED AND DULY ADOPTED this day of 2019.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
By:
Robin L.Matusick Mike Thomas
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City
Edgewater, Florida. Approved as to form and of Edgewater at a meeting held on this_
legality by: Aaron R. Wolfe,Esquire day of 2019 under Agenda Item
City Attorney No. 8_.
Doran, Sims,Wolfe,
Ciocchetti &Yoon
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EXHIBIT"A"
LEGAL DESCRIPTION
Parcel"A"
A portion of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East lying
Easterly of U.S. Highway No. 1, a portion of Lot 1, Assessor's Subdivision of the C.E. McHardy Grant
according to the map of plat thereof as recorded in Map Book 3, Page 152 of the Public Records of
Volusia County, Florida and a portion of U.S. Lot 3, Section 13, Township 18 South,Range 34 East lying
Easterly of U.S. highway No. 1, all being more particularly described as follows: For a point of
beginning commence at the intersection of the Westerly line of the C.E. McHardy Grant. Section 49,
Township 18 South, Range 34 East and the South line of the North 52.465 chains of the Jane Murray
Grant, Sections 48 and 49,Township 18 South, Range 34 East, said point being marked by a 1-inch iron
pipe;thence N 68°58'50"E, along said South line of the North 52.465 chains of the Jane Murray Grant,a
distance of 136.56 feet; thence S 22057'19"E, parallel with the Easterly line of U.S. Highway No. 1, a
distance of 621.88 feet; thence S 67002'41" W, a distance of 300.00 feet to the Easterly line of U.S.
Highway 1; thence N 22'57'19"W, along the Easterly line of U.S. Highway No. 1. A distance of 632.00
feet to said South line of the North 52.465 chains of the Jane Murray Grant; thence N 66068'50"E, along
said South line of the North 52.465 chains of the Jane Murray Grant,a distance of 163.81 feet to the point
of beginning.
Parcel"B"
A Portion of Lot 1, Assessor's Subdivision of the C.E. McHardy Grant according to the map or plat
thereof as recorded in Map Book 3,Page 152 of the Public Records Volusia County,Florida and a portion
of U.S. Lots 3 and 4, Section 13,Township 18 South,Range 34 East lying Easterly of U.S. Highway No.
I, all being more particularly described as follows: Commence at the intersection of the Westerly line of
the C.E.McHardy Grant, Section 49,Township 18 South, Range 34 East and the South line of the North
52.465 chains of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East, said
point being marked by a I- inch iron pipe; thence N 68058'50" E, along said South line of the North
52.465 chains of the Jane Murray Grant, a distance of 136.56 feet; thence S 22057' 19" E, parallel with
the Easterly line of U.S. Highway No. 1, a distance of 811.86 feet for the point of beginning; thence
continue S 22057'19"E,parallel with the Easterly line of U.S. Highway No. 1, a distance of 1281.79 feet;
thence S 67002'41" W, a distance of 300.00 feet, to the Easterly line of U.S. Highway No. I; thence N
22057' 19" W, along the Easterly line of U.S. Highway No. 1, a distance of 1371.79 feet; thence N.
67002'41"E,a distance of 300.00 feet to the point of beginning.
Parcel"C"
A portion of Lot 1, Assessors Subdivision of the C.E. McHardy Grant according to the map or plat
thereof as recorded in Map Book 3, Page 152 of the Public Records of Volusia County, Florida and a
portion of U.S.Lot 4, Section 13,Township 18 South,Range 34 East lying easterly of U.S. Highway No.
1, being described as follows: Commence at the Intersection of the Westerly line of the Jane Murray
Grant and C. E.McHardy Grant, Section 49,Township 18 South,Range 34 East and the South line of the
North 52.465 chains of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East,
said point being marked by a 1-inch iron pipe;thence N 68058'50" E, along said South line of the North
52.465 chains of the Jane Murray Grant, a distance of 136.56 feet; thence South 22057'19" East, parallel
with the Easterly line of U.S. Highway No. 1,a distance of 2193.65 feet for the point of beginning: thence
continue South 220 57' 19" East, parallel with the Easterly line of U.S. Highway No. 1, a distance of
458.51 feet;thence South 68040'14",West,a distance of 300.12 feet to the Easterly line of U.S. Highway
No. l; thence North 22057'19" West, along said Easterly line of U.S. Highway No. 1, a distance of
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450.00 feet; thence North 67002'41" east, a distance of 300.00 feet to the point of beginning, except the
Northerly 80.00 feet of the Southerly 100.00 feet of the Westerly 80.00 feet thereof.
Containing 17.29 acres more or less.
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EXHIBIT "B^
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