2019-O-13 - 120 Godfrey Road CPA ORDINANCE NO.2019-0-13
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING 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 LOW DENSITY
RE S I DE NT I AL FOR .40t ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 120 GODFREY ROAD
EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC
HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Alfred and Luana Schmitz, property owners, have applied for an
amendment to the Comprehensive Plan Future Land Use Map to include property located at 120
Godfrey Road within Volusia County, Florida as Medium Density Residential. Subject property
contains approximately.40f 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, May 8,
2019, 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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2019-0-13
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 Medium Density Residential (.40t
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 July 1, 2019, 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hereby superseded by this ordinance to the extent of such conflict.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 daze 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
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2019-0-13
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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 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 fust reading of this ordinance held on June 3,2019,was as follows:
AVE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberley Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary T. Conroy X
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2019-0-13
After Motion to approve by �I LcYY�-(tom fZTCi Jnr- . Second by, _
4� 2.Yte,I [3 the vote on the second reading/public hearing of
this ordinance held on July 1, 2019,was as follows:
AYE NAY
Mayor Mike Thomas �r
Councilwoman Christine Power
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 1"day of July,2019.
ATTEST: C L
OFA ,FLORIDA
Robin L.Marasick omas
City Clerk/Paralegal � �., eyor
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: Amon R. Wolfe,Esquire this 1'T day of July, 2019 under Agenda
CityAttomey Item No. 8 dj.
Doran,Sims,Wolfe,Ciocchetti&
Yoon
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20194)-13
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 32 and 33, Re-Subdivision of Waterway Park Sec 1, according to the Plat thereof as
recorded in Plat Book 19,Page 269, of the Public Records of Volusia County, Florida.
Containing.40-+acres more or less and being in Volusia County,Florida
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2019-0-13
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