2024-O-02 - CPA 108 Azalea Road /4041� ORDINANCE NO.2024-0-02
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 MEDIUM INTENSITY TO
CITY MEDIUM DENSITY RESIDENTIAL FOR A ±
ACRES OF CERTAIN REAL PROPERTY LOCATED AT 108
AZALEA ROAD (PARCEL IDENTIFICATION NUMBER 8413-
05-00-1400), 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, Janette Lefkowitz, owner, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located at 108 Azalea Road (Tax
Parcel No. 8413-05-00-1400) within Volusia County, Florida as Medium Density Residential.
Subject property contains approximately .4 f 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 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. 2024-0-02, as amended and supplemented, adopting the Comprehensive
Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within
e"ftl\ the City of Edgewater, Florida, shall be amended to include property described in Exhibits
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2024-0-02
"A" 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 February 5, 2024,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hereby superseded by this ordinance to the extent of such conflict.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
become effective. If a final order of noncompliance is issued by the Administration Commission,
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2024-0-02
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 this day of �J� \ 2024.
Diezel DePew, Mayor
``/Ronnie-Zlgt�ik, C, City Clerk
�
Passed on first reading on the 5 day of ,2024
REVIEWED AND APPROVED:
Aaron R.VoNe, itty Attorney
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2024-0-02
EXHIBIT"A"
LEGAL DESCRIPTION
BEGINNING AT THE SOUTHEAST CORNER OF LOT 141, WATER PARK SEC. NO. 3,
ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 19, PAGE 279, OF THE
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE SOUTH 69109'40"WEST 100.00
FEET TO THE SOUTHWEST CORNER OF LOT 140,THENCE NORTH 20050'20"WEST 175.00 FEET
TO THE CENTERLINE OF AZALEA ROAD; THENCE, ALONG SAID CENTERLINE, NORTH
69009'40" EAST 100.00 FEET; THENCE SOUTH 20050'20" EAST 175.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 17,500 SQ.FT.OR.40 ACRES 4-
SAID
SAID LAND SITUATED,LYING AND BEING IN VOLUSIA COUNTY,FL.
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2024-0-02
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