2020-O-41 - India Palm Drive CPA ORDINANCE NO. 2020-0-41
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS AMENDED,
BY AMENDING THE OFFICIAL FUTURE LAND USE MAP
FROM COMMERCIAL WITH CONSERVATION
OVERLAY TO MEDIUM DENSITY RESIDENTIAL WITH
CONSERVATION OVERLAY FOR 2.2f ACRES OF CERTAIN
REAL PROPERTY LOCATED SOUTH OF 33au STREET AND
EAST OF INDIA PALM DRIVE EDGEWATER, FLORIDA;
PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF
CONSISTENCY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Edgewater, on behalf of Charles J. Hamlin and Vladislava Hamlin
(8402-01-08-2640); Five J Complex LLC(8402-01-08-2660); Cass T. Breneman (8402-01-08-2780);
Julie Canady (8402-01-08-2800); Kensalia Real Estate (8402-01-08-2810); CAB GMB Holdings 6,
LLC (38402-01-08-2760); Prime Properties of Volusia (8402-01-08-2720), LLC; Karl J. Spletzer
(8402-01-08-2740); Leon's Breakaway Outfitter, Inc (8402-01-08-2700 and 8402-01-08-2680); and
Leon Alcantara (8402-01-08-2590), property owners, is requesting an amendment to the
Comprehensive Plan Future Land Use Map to include properties located south of 33r" Street and east
of India Palm Drive, within Volusia County, Florida as Medium Density Residential with
Conservation Overlay. Subject property contains approximately 2.2±acres.
WHEREAS, the Planning and Zoning Board, sifting as the City's Local Planning Agency,
held a Public Hearing pursuant to 163.3174, Fla. Stat. (2016), 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
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2020-0-41
OF EDGEWATER,FLORIDA:
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 Overaly.
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 11,2021,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 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,
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2020-0-41
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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2020-0-41
'""A'ter Motion to approve by ea g humane)
el humaC)lUer , Second by, _
CQ O1Q.LI1�Y W\ 01 kat , the vote on the second reading/public hearing of this
ordinance held on January 11, 2021, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power X
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe x
Councilman Jonah Powers X
\PASSED AND,DULY ADOPTED this l Ph day of January, 2021.
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• ': FATTEST: COUNCIL OF THE
1
CITY OF ED WATER,FLORIDA
Bc:Ectn. reta 14.411111b1MiLl
Bonnie Brown,CMC M e Tho War
City Clerk _
For the use and reliance only by the City of Approved by the City Council of the
Edgewater, Florida. Approved as to form and legality City of Edgewater at a meeting held on
by: Aaron R. Wolfe,Esquire this I lth day ofJanuaarrry,2021, under t City Attorney Agenda Item No. 8 .
Doran, Sims, Wolfe&Yoon
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2020-0-41
EXHIBIT"A"
LEGAL DESCRIPTION
840201082810
LOT 8281 BLK 242 FLA SHRS NO 9 MB 23 PG 134 PER OR 5092 PG 3773 PER OR 5870 PG 4276
PER OR7505 PG 1577
840201082800
LOT 8280 BLK 242 FLA SHRS NO 9 MB 23 PG 134 PER OR 5092 PG 3773 PER OR 5941 PG 2153
PER OR 7420 PGS 1388-1389 PER OR 7452 PG 4726 PER OR 7568 PGS 0148-0151 INC PER OR
7769 PG 4559
840201082780
LOTS 8278 & 8279 BLK 242 FLA SHRS NO 9 MB 23 PG 134 PER OR 5092 PG 3782 PER OR 5710
PGS 4016-4017 PER OR 7042 PG 0919 PER OR 7156 PG 3703 PER OR 7588 PG 512
840201082760
LOTS 8276 & 8277 BLK 242 FLASHRS NO 9 MB 23 PG 134 PER OR 5092 PG 3782 PER OR 5709
PGS 4331-4332 PER OR 7017 PG 1287 PER OR 7263 PG 4622 PER OR 7744 PG 3166
840201082740
LOT 8274 BLK 242 FLA SHRS NO 9 MB 23 PG 134 PER OR 5376 PG 1763-1764
840201082720
02-18-34 LOTS 8272 & 8273 BLK 242 FLORIDA SHORES NO 9 MB 23 PG 134 PER OR 4904 PG
2047 PER OR 7599 PG 1019
840201082700
LOTS 8270 & 8271 BLK 242 FLORIDA SHORES NO 9 MB 23 PG 134 PER OR 4786 PG 1758 PER
OR 5330 PG 2388 PER OR 5458 PG 1411 PER OR 7884 PG 0784
840201082680
LOTS 8268 & 8269 INC BLK 242 FLORIDA SHORES NO 9 MB 23 PG 134 PER OR 4786 PG 1759
PER OR 5330 PG 2388 PER OR 5458 PG 1411 PER OR 7884 PG 0784
840201082660
LOTS 8266& 8267 BLK 241 FLORIDA SHORES NO 9 MB 23 PG 134 PER OR 5158 PGS 2723-2724
PER OR 6951 PG 2795
840201082640
LOTS 8264 & 8265 BLK 241 FLORIDA SHORES NO 9 MB 23 PG 134 PER OR 5185 PG 2616 PER
OR 6471 PG 1782 PER OR 6521 PG 0531 PER OR 6866 PG 1086 PER OR 7797 PG 1114
840201082590
LOTS 8259 TO 8263 BLK 241 FLA SHRS NO 9 MB 23 PG 134 PER OR 4703 PG 1125 PER OR 6301
PGS 4501-451 1 INC PER OR 6493 PG 2137 PER OR 7434 PG 3390 PER OR 7498 PG 0886
Containing 2.2 acres more or less
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2020-0-41
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