2023-O-20 - CPA Carder - Clinton Cemetery RdORDINANCE NO. 2023-0-20
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 DENSITY TO CITY
LOW DENSITY TRANSITION WITH
CONSERVATION OVERLAY FOR 6.871 ACRES OF
CERTAIN REAL PROPERTY LOCATED SOUTH OF
CLINTON CEMETERY ROAD AND EAST OF THE FEC
RAILROAD (PARCEL IDENTIFICATION NUMBER 8424-00-
00-0070), E D G E W A T E R, 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 south of Clinton Cemetery
Road and east of the FEC Railroad (Tax Parcel No. 8424-00-00-0070) within Volusia County,
Florida as Low Density Transition. Subject property contains approximately 6.87± 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 13,
2023, 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
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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 6, 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hereby superseded by this ordinance to the extent of such conflict.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. 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 E. 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
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EXHIBIT "A"
LEGAL DESCRIPTION
The West 960 feet of the North 247.7 feet of the Northwest 1/4ofthe Southeast 1/4 and the East
249.2 feet of the North 247.7 feet of the Northeast 1/ 4 of the Southwest 1/ 4, Section 24,
Township 18 South, Range 34 East, Volusia County, Florida.
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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.
PASSED AND DULY ADOPTED thisda of , 2023.
!� Y
ATTEST:.; .
Bonnie Zlotni , MC, City Clerk
Passed on first reading on the a M day of (001LIA0A 2023
REVIEWED AND APPROVED:
Aaron R. Wolfe,LtitAttorney
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