2021-O-34 - 3501 Rock Oak Trail CPA ORDINANCE NO.2021-0-34
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 .241 ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 3501 ROCK OAK TRAIL (PARCEL
IDENTIFICATION NUMBER 844901000140),
EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC
HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Paige DeGrammont, applicant, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located at 3501 Rock Oak Trail,
within Volusia County, Florida as Low Density Residential. Subject property contains
approximately .24:L 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, September 8,
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:
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2021-Q-34
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 November 1,2021,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hereby superseded by this ordinance to the extent of such conflict.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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2021-0-34
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 Councilman
Powers, the vote on the first reading of this ordinance held on October 4, 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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2021-0-34
After Motion to approve by on I Second by, - .1,.rYqAa-)-'ngAthe
Ar
vote on the second reading/public hearing of this ordinance held on &�, 2021, was as
follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
Councilman Jonah Powers
PASSED AND DULY ADOPTED thisj-)t day o 2021.
ATTEST:,,,. COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
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Bonnie Brown,CMC ike,Tlie MAS-"
City Clerk ayor
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!-S1-day of 2021, Linder
City Attorney Agenda Iter �o. 8
Doran, Sims, Wolfe & Yoon
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2021-0-34
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EXHIBIT"A"
LEGAL DESCRIPTION
Lot 14, REDFISH COVE, according to the Plat thereof as recorded in Plat Book 54, Pages 80 and 81,
Public Records of Volusia County,Florida.
This legal description includes anyvall adjoining right-of-way relating to the subject property.
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2021-0-34
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