2020-O-13 - 924 S Ridgewood CPA ORDINANCE NO. 2020-0-13
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM CITY PUBLIC/SEMI-PUBLIC WITH
CONSERVATION OVERLAY TO CITY COMMERCIAL
WITH CONSERVATION OVERLAY FOR 1.83f
ACRES OF CERTAIN REAL PROPERTY LOCATED AT 924
SOUTH RIDGEWOOD AVENUE EDGEWATER, FLORIDA;
PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF
CONSISTENCY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Marguerite McCracken, authorized agent for McCracken Enterprises, LLC,
property owners, has applied for an amendment to the Comprehensive Plan Future Land Use
Map to include property located at 924 South Ridgewood Avenue within Volusia County,
Florida as Commercial with Conservation Overlay. Subject property contains approximately
1.83± 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, July 8,
2020, 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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2020-0-13
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 Commercial.
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Council to consider adoption of
this ordinance on September 14, 2020, 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hereby superseded by this ordinance to the extent of such conflict.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
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
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2020-0-13
amendment shall also not be effective until certification is received from the Volusia
Growth Management Commission.
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 Councilman Conroy, with Second by Councilwoman
Power, the vote on the first reading of this ordinance held on August 3, 2020, 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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2020-0-13
After Motion to approve by�'L _� n'-r-�.r , Second by,
the vote on the second reading/public hearing of
this ordinance held on September 14, 2020, was as follows:
AYE NAY
Mayor Mike Thomas \,
Councilwoman Christine Power
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe \,
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 14'day of September,2020.
ATTEST: COUNCIL OF THE
CITY OF EDGEWATER,F ORIDA
By: ��
Robin L. Matusick a Tho as
City Clerk/Paralegal Mayo
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 14d'day of September, 2020, under
City Attorney Agenda Item No. 8 .
Doran, Sims,Wolfe, Ciocchetti &
Yoon
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2020-0-13
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 34, according to Assessors Plat entitled Mendell's Hawks Park, according to the map in Map
Book 3, Page 73, Public Records of Volusia County, Florida. Excepting the South 60 feet of the
East 175 feet thereof.
Containing 1.83±acres more or less and being in Volusia County, Florida
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