2019-O-22 - Riverfront Estates CPA ORDINANCE NO.2019-0-22
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS AMENDED,
BY AMENDING THE OFFICIAL FUTURE LAND USE MAP
FROM COUNTY URBAN MEDIUM INTENSITY TO CITY
MEDIUM DENSITY RESIDENTIAL WITH CONSERVATION
OVERLAY FOR 28.54± ACRES OF CERTAIN REAL
PROPERTY LOCATED SOUTH OF JONES FISH CAMP
ROAD, 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), on Wednesday,
December 11,2019,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.
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2019-0-22
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 8 1-0-10 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).
PARTE. 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
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2019-0-22
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. 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, with property, or
circumstance.
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PART H. ADOPTION
After Motion to approve by Councilwoman O'Keefe and second by Councilman Conroy,
the vote on the first readingof this ordinance on Januar 6 2020 was as follows:
Y
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
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During the April 6, 2020 Council Meeting under Item 5 - APPROVAL OR
CHANGES/MODIFICATIONS TO THE AGENDA, a Motion by Councilwoman Power with
Second by Councilwoman Yaney was made to continue this second reading/public hearing to a date
and time certain of May 4, 2020 at 6:00 pm Items 8a through 8c relating to this subject property.
The vote on the second reading/public hearing of this ordinance on April 6, 2020 was as follows:
AYE NAY
Mayor Mike Thomas EXCUSED
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
After Motion to approve by and second by
a jL-4 ►-.,c� 0' , the vote on the second reading/public hearing of this
ordinance on f7 ,�,. , 2020 was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yaney �•,�
Councilwoman Megan O'Keefe
Councilman Gary Conroy
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PASSED AND DULY ADOPTED this 44j, day of `rY ,2020.
ATTEST: CITY C CIL OF THE
CITY> FED E ATE RIDA
Robin L.Matusick m
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City
Florida. Approved as to form and legality by: Aaron R. of Edgewater at a meeting held on thisg4 day
Wolfe,Esquire of�, 2020 under Agenda Item
City Attorney No.8�j
Doran,Sims,Wolfe,
Ciocchetti&Yoon
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 21, Riverfront Estates, Unit No. 2, according to Map in Map Book 19, Page 31, of the Public
Records of Volusia County,Florida.
And
The South 231 feet of the Northerly 250 feet and Northerly 221.2 feet of the Southerly 381.2
feet, all being in Lot 15, C.E. McHardy Grant, per Map recorded in Map Book 3, Page 152, of
the Public Records of Volusia County, Florida. Lots 19, 20, 22, 23, 24, 29, 30, 30, 34: the
Easterly 216.3 feet of the Southerly 119.3 feet except of Easterly 216.3 feet thereof of Lot 18,
Lot 37 except the Southerly 160 feet as measured on the West line of said Lot 37; and Lot 38
except the Southerly 45.6 feet as measured along the East line of said Lot 38: all being in River
Front Estates, Unit 2, per Map in Map Book 19, Page 31, of the Public Records of Volusia
County,Florida.
Containing 28.54±acres more or less and being in Volusia County,Florida
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