2021-O-38 - 142 Arbor Lane CPAORDINANCE NO. 2021-0-38
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 .63t ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 142 ARBOR LANE, EDGEWATER,
FLORIDA; PROVIDING FOR PUBLIC HEARINGS,
FINDINGS OF CONSISTENCY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Charles Lynch Jr., applicant, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located at 142 Arbor Lane,
within Volusia County, Florida as Low Density Residential. Subject property contains
approximately .63t 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
CITY OF EDGEWATER, FLORIDA:
VA ta W4_ :11 U 1 _e1U_►_
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
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2021-0-38
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hereby superseded by this ordinance to the extent of such conflict.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,
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.
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2021-0-38
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.
After Motion to approve by Councilwoman Bennington, with Second by
Councilwoman Power, the vote on the first reading of this ordinance held on August 2,
2021, was as follows:
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
Councilman Jonah Powers
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2021-0-38
AYE NAY
X
X
X
X
t,
Aller Motion to approve by UALIC
�)w� kk,'U,�L Second by,
the vote on the second reading/public hearing of this
ordinance held oil 2021, vas as follows:
AYE NAY
Mayor Mike Thomas
C0111161WOrnall Christine Power
COUnCilwoman Gigi Bennington
COUncilwoman Megan O'Keefe
Cnitrivili-nmi Intiqli Power,
6-f', C�
PASSED AND DULY ADOPTED this da ofLjPL�'U-A,202l,
ATTEST: COUNCIL OF THE
CITY OF EDGEW ER, LORIDA
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1 nnie 0 rr�a, CCN mill nay,
Mayor
,City Ct
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 EdgeNvater at a meeting held on
legality by: Aaron R. Wolfe, Esquire, this aday ot',tll>�-° ",%,- 2021,
City Attorney under Agenda ItemNo. 8 1'
Doran, Sims, Wolfe & Yoon
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2021-0-38
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 12, Arbor Lane Subdivision, according to the map or plat thereof, as recorded in Plat Book 28,
Page(s) 63, of the Public Records of Volusia County, Florida
This legal description includes any/all adjoining right-of-way relating to the subject property.
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2021-0-38
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