2021-O-12 - Meadows - N Cory Drive CPAORDINANCE NO. 2021-0-12
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM VOLUSIA COUNTY URBAN LOW
INTENSITY TO CITY LOW DENSITY RESIDENTIAL
FOR .65t ACRES OF CERTAIN REAL PROPERTY
LOCATED ON NORTH CORY DRIVE (PARCEL
IDENTIFICATION NUMBERS 841205000490 & 841205000500),
E D G E W A T E R, FLORIDA; PROVIDING FOR PUBLIC
HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Elliot Meadows, applicant, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located at North Cory Drive,
within Volusia County, Florida as Low Density Residential. Subject property contains
approximately .65± 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., on Wednesday, July 21, 2021,
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
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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 Low Density Residential.
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 13, 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.
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hereby superseded by this ordinance to the extent of such conflict.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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2021-0-12
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.
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 Power, with Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on August 2, 2021, 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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A fte r Motion to approve by PP'Line.,, 0 j
Second by, —GL'un L"Qu-nnnin 0, vu-ik, the vote o to the second
V
reading/pUblic hearing of this ordinance held on 1, 422,
2021, was as follows:
Mayor Mike Thomas
Councilwoman Christine power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
Councilman Jonah Powers
AYE NAY
X
PASSED AND DULY ADOPTED thissNdoa f -I
y Of 2021.
ATTEST: COUNCIL OF THE
y:
MC
Bonn�Ac 10,1KOITI, C, Mom
Mike T t -S
;City Ieyk Mayor
1-�ol'r the, use and reliance only by the City of Approved by the City Council of the
Edgeikatef, Florida. Approved as to form and City of Edgewater at a meeting held on
3
legality by: Aaron R. Wolfe, Esquire this OEI� ay 0 2021,
City Attorney under Agenda item 'No. 8--Q—.
Doran, Sims, Wolfe & Yoon
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EXHIBIT "A"
LEGAL DESCRIPTION
Parcel A - 841205000490
A portion of Lot 3, BELLA VISTA SUBDIVISION - UNIT NO. 2, according to the Plat thereof
as recorded in Map Book 11, Page 165, of the Public Records of Volusia County, Florida, more
particularly, described as follows: Commence at the intersection of the Northerly line of Lot 3,
BELLA VISTA SUBDIVISION - UNIT NO. 2 per Map Book 11, Page 164 and the Easterly
RIW line of U.S. Highway No. 1; thence N. 680 41' E., a distance of 1787.69 feet along the
Northerly line of said Lot 3; thence S. 161 19' E., a distance of 175.09 feet for the Point of
Beginning; thence continue S. 16° 190 E., a distance of 124.9 feet; thence S. 68° 410 W., a
distance of 112.5 feet; thence N. 160 19' W., a distance of 124.9 feet; thence N. 68° 41' E., a
distance of 112.5 feet to the Point of Beginning.
Parcel B — 841205000500
A portion of Lot 3, BELLA VISTA SUBDIVISION - UNIT NO. 2, according to the Plat thereof
as recorded in Map Book 11, Page 165, of the Public Records of Volusia County, Florida, more
particularly, described as follows: COMMENCE at the intersection of the Northerly line of Lot
3, BELLA VISTA SUBDIVISION - UNIT NO. 2 per Map Book 11, Page 164 and the Easterly
RNV line of U. S. Highway No. 1; thence N. 68° 41' E., a distance of 1675.19 feet along the
Northerly line of said Lot 3; thence S. 16° 19' E., a distance of 175.09 feet for the Point of
Beginning; thence continue S. 16° 19' E., a distance of 124.9 feet; thence S. 680 41' W., a
distance of 112.5 feet; thence N. 160 19' W., a distance of 124.9 feet; thence N. 681 41' E., a
distance of 112.5 feet to the Point of Beginning.
This legal description includes any/all adjoining right-of-way relating to the subject property.
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