2019-O-18 - 425 Clinton Cemetery Road CPA ORDINANCE NO.2019-0-18
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM COUNTY URBAN L O W
INTENSITY TO CITY LOW DENSITY
RESIDENTIAL WITH CONSERVATION
OVERLAY FOR 9.9981 ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 425 CLINTON CEMETERY
ROAD EDGEWATER, FLORIDA; PROVIDING FOR
PUBLIC HEARINGS, FINDINGS OF CONSISTENCY;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Constance Silver, has applied for an amendment to the Comprehensive
Plan Future Land Use Map on behalf of Lakeview Estates of Edgewater, LLC, property owners,
to include property located at 425 Clinton Cemetery Road within Volusia County, Florida as
Medium Density Residential with Conservation Overlay. Subject property contains
approximately 9.998f acres.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, held a Public Hearing pursuant to 163.3174, Fla. Star. (2016), on Wednesday, August
14, 2019, and by a vote of 7-0, 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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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 with
Conservation Overlay.
PART B. PUBLIC HEARINGS.
It is hereby found that a public hewing held by the City Council to consider adoption of
this ordinance on September 9,2019, at 6:00 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hereby superseded by this ordinance to the extent of such conflict.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
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2019-0-18
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 Councilwoman
Power, the vote on the first reading of this ordinance held on September 9, 2019,was as follows:
AYE 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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After Motion to approve by s-c.C.714_D[-c'7nmm !t7t.cx�.� . Second by, _
7—,C— a vote on the second reading/public hearing of
this ordinance held on October 7, 2019, was as follows:
AYE NAY
Mayor Mike Thomas �.
Councilwoman Christine Power V
Councilwoman Kimberley Yaney \r
Councilwoman Megan O'Keefe \
Councilman Gary T.Conroy
PASSED AND DULY ADOPTED this 7's day of October,2019.
ATTEST: COUNCIL OF THE
CITY OF EDG ATER,FLO
A. XL?
By /DPR Y,
Robin L. Matus� - 11
City Clerk/Pamlegal ayor
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 7's day of October,2019 under
City Attorney Agenda Item No. 8-�;k.
Doran, Sims,Wolfe, Ciocchetti&
Yoon
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EXHIBIT "A"
LEGAL DESCRIPTION
A part of US. Lot 2, and Northwest 1/4 of Section 24, Township 18 South, Range 34 East,
Volusia County, Florida, lying Easterly of the Florida East Coast Railway, a 100 foot Right of
Way and being more particularly described as follows: Commence at the Northwest corner of
said Section 24; thence South 00'34'36" East, along the West line of said Section 24, a distance
of 14DO.OD feet; thence North 86'18'56" East, a distance of 2136.DO feet for the POINT OF
BEGINNING; thence South 22'35'17" East a distance of 1161.29 feet; thence North 67'43'02"
East, a distance of 398.06 feet; thence North 22"35'17" West, a distance of 1027.10 feet; thence
South 86'18'56" West, a distance of 420. 75 feet to the Point of Beginning, TOGETHER WITH
the right to use a 60 foot road and utility easement for ingress and egress as described in Official
Records Book 2067, Page 1766, Public Records of Volusia County,Florida.
Containing 9.998 Acres of land more or less and being in Volusia County,Florida
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