2021-O-43 - 155 N Cory Drive CPA ORDINANCE NO.2021-0-43
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 .321 ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 155 N. CORY DRIVE, 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 1.55 N. Cory Drive,
within Volusia County, Florida as Low Density Residential. Subject property contains
approximately .32t 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, October 13,
2021,and 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:
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
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2021-043
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Exhibits"N'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 December 6,2021,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hereby superseded by this ordinance to the extent of such conflict.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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2021-0-43
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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
Bennington the vote on the first reading of this ordinance held on November 1, 2021, was as
follows:
AYE i4AY
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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2021-043
After Motion to approve by L;nul imen aw-) , Second by, U. the
vote on the second reading/public hearing of this ordinance held on tD , 2021, was as
follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
+
PAS§EDVAND DULY ADOPTED this Vdh
ay o 2021.
--AT�E COUNCIL OF THE
CITYPF EDGEW T ORIDA
Y,
Bonnie Brown,CMC Mik omas
City Clerk yor
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 LAv-R ay of N r- 2021, under
City Attorney Agenda Item No. 8
Doran,Sims, Wolfe&Yoon
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2021-0-43
EXHIBIT"A7'
LEGAL DESCRIPTION
Parcel 30 and the West 1/2 of Parcel 31, Cory Estates, as recorded in Official Records
Book 233, Page 29, of the Public Records of Volusia County, Florida and being more
particularly described as follows:
Commence at the intersection of the Northerly line of Lot 3, Plat of Bella Vista
Subdivision Unit No.2.per Map Book 11,Page 164, Public Records of Volusia County,
Florida and the Easterly right-of-way of U.S.Highway No. 1,a 158 foot right-of-way as
now laid out; thence North 68*4l' East along said Northerly line of Lot 3,a distance of
2150.00 feet for the point of beginning;thence continue North 68' 4 F East a distance of
112.50 feet-, thence South 16* 19' East a distance of 124.9 feet to the Northerly line of
North Cory drive; thence South 68* 41' West along said Northerly line of Cory Dr., a
distance of 112.50 feet, thence North 16' 19'West a distance of 124.9 feet to the point of
beginning,all lying and being a part of Lot 3, Plat of Bella Vista Subdivision Unit No.2,
as shown on map in Map Book 11, Page 164 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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2021-043
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