2023-O-05 - Pelican Dr PCA /000\.
ORDINANCE NO.2023-0-05
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 COMMERCIAL FOR .061 ACRES
OF CERTAIN REAL PROPERTY LOCATED ON PELICAN
DRIVE (PARCEL IDENTIFICATION NUMBER
840200000200), EDGEWATER, FLORIDA; PROVIDING
FOR PUBLIC HEARINGS, FINDINGS OF CONSISTENCY;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Carl Carder, applicant, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located property located on on
Pelican Drive (Tax Parcel No. 840200000200), within Volusia County, Florida as Commercial.
Subject property contains approximately .06t 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, December 14,
2022,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
81FRE.,�-Fouglirpassages are deleted. 1
Underlined passages are added.
2023-0-05
Exhibits "A"and "B"on the Future Land Use Map as Commercial.
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Council to consider adoption of
this ordinance on January 9,2023,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hereby superseded by this ordinance to the extent of such conflict.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.
StFiike passages are deleted. 2
Underlined passages are added.
2023-0-05
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.
PASSED AND DULY ADOPTED this kX41 day of ..�wa��'_ 2023.
Diezel DePew, Mayor
"ATT ST�
Bonnie Zlotni C, City Clerk
Passed on first reading on the Lti�,day of 171'IA 1 2023
(j 0
REVIEWED AND APPROVED: L\�Q
Aaron R. Wolfe, Cit Attorney
.,iwo g,
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Underlined passages are added.
2023-0-05
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EXHIBIT"A"
LEGAL DESCRIPTION
That part of TRACT ONE, PELICAN COVE as recorded in Map Book 35, Page 66 of the Public
Records of Volusia County described as follows: BEGINNING at a point on the northerly right
of way line of 50' road known as Pelican Drive being N. 890 58' 36" E 100.30 feet from the
Southwest corner of said TRACT ONE; thence N. 89° 58' 36" E. 93.38 feet along said right of
way line to a point; thence N 0° 06' 36" E. 161.22 feet to a point on the northerly line of said
TRACT ONE; thence along said northerly line S 89° 58' 39" W. 93.38 feet to a point; thence S.
00 06'36"W. 161.22 feet to the POINT OF BEGINNING.
AIN
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2023-0-05
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