2021-O-47 - Meadows CPA ORDINANCE NO.2021-047
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM COMMERCIAL TO MEDIUM
DENSITY RESIDENTIAL FOR .531 ACRES OF
CERTAIN REAL PROPERTY LOCATED AT 2943 AND 2949
INDIA PALM DRIVE (PARCEL IDENTIFICATION
NUMBERS 840201075530 & 840201075510), EDGEWATER,
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 2943 and 2949 India
Palm Drive, within Volusia County, Florida as Medium Density Residential. Subject property
contains approximately .53f 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, January 12,
2022, 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:
eo*4
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2021-0-47
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 'IV'and "B"on the Future Land Use Map as Medium 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 March 7, 2022, 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hereby superseded by this ordinance to the extent of such conflict.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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2021-0-47
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 Power, with Second-by CouncilwQman
O'Keefe the vote on the first reading of this ordinance held on February 7,'2022, was 11!as foll6vs:
AYE NAY
Mayor Mike Thomas Excused
Councilwoman Christine Power x
Councilwoman Gigi Bennington x
Councilwoman Megan O'Keefe x
Councilman Jonah Powers x
/Om*1
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2021-0-47
After Motion to approve by VJ-;�, 'Second by, "i"I the
vote on the second reading/public hearing of this ordinance held on 2022, was as
fol lows:
AYE NAY
Mayor Nlike Thomas x
Councilwoman Christine Power Y
COLIncilwornan Gigi Bennington x
Councilwoman Megan O'Keefe x
Councilman Jonah Powers "K
PASSED AND DULY ADOPTED thistdlaly of jk)'I( •'^t 2022.
"a
A,TTES't: COUNCIL OF THE
rr CITY1OF EDGEWATTIZ "F0, RIDA
B Y
\,vw a :
Bonnie Zlotnik-, CMC M
City Clerk Mayor","
For the use and reliance only by the City of Edgewater.,
l"lorida Approved as to form and legality by:
Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe& Yoon
Approved by the City Council of'the City of Edgewater at a
meeting held on this 1+1'*N day of P( ® C 2022
under Agenda Iter No 8
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2021-0-47
EXHIBIT"A"
LEGAL DESCRIPTION
Lots 7551, 7552, 7553 and 7554, Block 246, FLORIDA SHORES UNIT NO. 8 REVISED
PLAT, according to the Plat thereof, recorded in Map Book 23, Page 132, of the Public Records
of Volusia County, Florida
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