2020-O-11 - Airpark Village CPA r
ORDINANCE NO.2020-0-11
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS AMENDED,
BY AMENDING THE OFFICIAL FUTURE LAND USE MAP
FROM COUNTY URBAN LOW INTENSITY TO CITY LOW
DENSITY RESIDENTIAL WITH CONSERVATION OVERLAY
FOR 28.022f ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 2099 AIR PARK 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,
June 10,2020,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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2020-0-11
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 Low 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.
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.
PART D. TRANSMITTAL OF AMENDMENTS TO PLAN
The City Manager or his designee shall transmit the plan amendment pursuant to 163.3184,
Florida Statutes.
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.
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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2020-0-11
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.
PART H. ADOPTION
After Motion to approve by Councilwoman Power, with Second by Councilwoman Yaney,
the vote on the first reading of this ordinance held on July 6,2020,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberley Yaney X
Councilwoman Megan O'Keefe EXCUSED
Councilman Gary T.Conroy X
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2020-0-11
After Motion to approve by -�,1C�rY�1?� e1t� Second by, _
Ct�U \-lang the vote on the second reading/public hearing of this
ordinance held on September 12,2020, was as follows:
AYE NAY
Mayor Mike Thomas �s
Councilwoman Christine Power
Councilwoman Kimberley Yaney \1
Councilwoman Megan O'Keefe \14
Councilman Gary T.Conroy -11-14
PASSED AND DULY ADOPTED this 14`h day of September,2020.
ATTEST: CITY COUNCIL OF THE
CITY OF DGEW T ,ITRIDA
Robin L.Matusick Mike, hom s
City Clerk/Paralegal May
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 this 14`h day
Wolfe,Esquire of September, 2020 under Agenda Item No.8
City Attorney (�
Doran,Sims,Wolfe,
Ciocchetti&Yoon
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EXHIBIT G°A"
LEGAL DESCRIPTION
Being that land described and recorded in Official Records Book 6261, Page 1574, Public
Records of Volusia County,Florida.
A portion of Lots 22, 23, and 24, Model Land Company's Subdivision, according to the plat
thereof as recorded in Map Book 5, Page 187, of the Public Records of Volusia County, Florida;
and a portion of the John Bolton Grant, Section 39, Township 18 South, Range 34 East all being
described as follows: Commence at the Northeast corner of Florida Shores Unit No. 15, a
subdivision according to the plat thereof recorded in Map Book 19, page 216, of the Public
Records of Volusia County, Florida, said point being marked by a 4" x 4" concrete monument
with an iron rod; thence S68°48'12"W, along the Northerly line of said Florida Shores Unit No.
15, a distance of 437.80 feet for the point of Beginning; thence continue S68°48'12"W, along
said Northerly line of Florida Shores Unit No. 15 and its Westerly prolongation, a distance of
1509.41 feet to the existing Easterly Right of Way of Air Park Road, a 50 foot Right of Way as
now laid out; thence N23°27'56"W, along said Easterly Right of Way, a distance of 802.91 feet;
thence N68°48'12"E, a distance of 1541.38 feet;thence S21"10'59"E, a distance of 800.20 feet to
the Point of Beginning.
Containing 28.022f acres more or less and being in Volusia County, Florida
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Ron DeSantis Dane Eagle
GOVERNOR EXECUTIVE DIRECTOR
FLORIDA DEPARTMENTof
ECONOMIC OPPORTUNITY
October 14, 2020
The Honorable Michael Thomas
Mayor, City of Edgewater
104 North Riverside Drive
Edgewater, Florida 32132
Dear Mayor Thomas:
The Department of Economic Opportunity ("Department") has completed its review of
the comprehensive plan amendment adopted by the City of Edgewater (Amendment No. 20-
01ESR) by Ordinance No. 2020-0-11 on September 14, 2020. We have reviewed the
amendment in accordance with the expedited state review process set forth in Section
163.3184(2) and (3), Florida Statutes, and identified no provision that necessitates a challenge
of the Ordinance adopting the amendment.
If the plan amendment is not challenged by an affected person, the amendment will
become effective 31 days after the Department notified the local government that the plan
amendment package was complete. If the plan amendment is challenged by an affected
person, the amendment will not become effective until the Department or the Administration
Commission enters a final order determining the amendment to be "In Compliance."
If you have any questions concerning this review, please contact Wisnerson Benoit,
Planning Analyst, by telephone at (850) 717-8524 or by email at
Wisnerson.Benoit@deo.myflorida.com.
Sin erely.
James D. Stansbury, Chief
Bureau of Community Planning and Growth
J DS/wb
cc: Darren Lear, AICP, Development Services Director, City of Edgewater
Hugh W. Harling, Jr., Executive Director, East Central Florida Regional Planning Council
Florida Department of Economic Opportunity I Caldwell Building 1 107 E. Madison Street I Tallahassee, FL 32399
850.245.7105 1 www.FloridaJobs.org
www.twitter.com/FLDEO lwww.facebook.com/FLDEO
An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with I
disabilities.All voice telephone numbers on this document may be reached by persons using TTY/TTD equipment via
the Florida Relay Service at 711.
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