2020-O-39 - Hanan CPA ORDINANCE NO.2020-0-39
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM VOLUSIA COUNTY COMMERCIAL
AND URBAN LOW INTENSITY TO CITY COMMERCIAL
WITH CONSERVATION OVERLAY FOR 3.42f
ACRES OF CERTAIN REAL PROPERTY LOCATED SOUTH
OF 3042 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, Roy-Travis Hanan, property owner, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located south of 3042 South
Ridgewood Avenue, within Volusia County, Florida as Commercial with Conservation Overlay
Subject property contains approximately 3.42+acres.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, held a Public Hearing pursuant to F.S. §163.3174, on Wednesday, November 11,
2020, and by a vote of 5-0 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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2020-0-39
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 with Conservation
Overlay.
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Council to consider adoption of
this ordinance on January I I,2021, 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 F.S. §163.3184.
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hereby superseded by this ordinance to the extent of such conflict.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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2020-0-39
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 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 December 7, 2020, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
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2020-0-39
After Motion to approve by Calf-Yid 0....arian Tower
Second by Cri1110i apxXl'�pfl l�YY0 Y1� ,the vote on the second
reading/public hearing of this ordinance held on January 11, 2021, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power /\
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe VX
Councilman Jonah Powers
,'ITr
- ;PASSED AND DULY ADOPTED this 11th day of January, 2021.
COUNCIL OF THE
�r t` CITY OF EDGEWATER,FLORIDA
(4110 4e
Bonnie Brown,CMCr ke Tho AP
City Clerk M. or
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
legality by: Aaron R.Wolfe, Esquire on this I I°i day of January,2021,
City Attorney under Agenda Item No. 8 !1
Doran, Sims,Wolfe&Yoon
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2020-0-39
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 9, Edgewater Country Estates (Unit#1), according to the map or plat thereof, as recorded in
Plat Book 11, Page 247, of the Public Records of Volusia County, Florida, together with that
certain parcel of land lying adjacent to and immediately East of the Easterly boundary line of Lot
9, Edgewater Country Estates Unit No. I per map in Map Book 11, Page 247 of the Public
Records of Volusia County, Florida and the Westerly R/W line of the present U.S. Highway No.
1, said parcel being bounded on the North by the Easterly prolongation of the Northerly tine of
the aforesaid Lot 9, and bounded on the South by the Easterly prolongation of the Southerly
boundary line of the aforesaid Lot 9, said parcel being 75 feet Easterly and Westerly.
Containing 3.42± acres more or less
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