2024-O-21 - CPA India Palm and 35th StORDINANCE NO. 2024 0-21
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
C I T Y MEDIUM DENSITY RESIDENTIAL F OR 4.05± ACRES
OF CERTAIN REAL PROPERTY GENERALLY LOCATED AT
INDIA PALM DRIVE AND 35TH STREET (PARCEL
IDENTIFICATION NUMBER 841100000011 and 840201082590),
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, Mark Karet, applicant, on behalf of Leon Alcantara, owner, has applied for
an amendment to the Comprehensive Plan and Future Land Use Map to include property located
generally at India Palm Drive and 351 Street (Tax Parcel No. 8411-0000-00-11 and 8402-0108-
25-90) within Volusia County, Florida as Medium Density Residential. Subject property contains
approximately 4.05± 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, May 8, 2024,
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. 2024-0-21, as amended and supplemented, adopting the Comprehensive
Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within
2024-0-21
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 this L' — day of 2024.
Diezel DePew, Mayor
ATTEST:
Bonnie Zlotnik, LMC, Cutty Clerk
Passed on first reading on thea � day of4 �A ilQ 2024
REVIEWED AND APPROVED:
(=1 &
Aaron R. Wol ,-C
' Attorney
2024-0-21
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 with Conservation Overlay.
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Council to consider adoption of
this ordinance on June 3, 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
2
2024-0-21
EXHIBIT "A"
LEGAL DESCRIPTION
LEGAL DESCRIPTION: LOTS 8259, 8260, 8261, 8262, AND 8263, BLOCK 241, FLORIDA
SHORES UNIT NO. 9, ACCORDING TO THE MAP OR PLAT THEREOF, AS OTS 82595,
82603, 8261, 8262, AND 8263, BLOCK 241, FLORIDA SHORES UNIT NO. 9, ACCORDING
TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 134, OF
THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND A PORTION OF
GOVERNMENT LOT 1, SECTION 11, TOWNSHIP 18 SOUTH, RANGE 34 EAST,
VOLUSIA COUNTY, FLORIDA LYING WEST OF FLORIDA EAST COAST RAILWAY
RIGHT OF WAY AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE, COMMENCE AT THE SOUTHEAST CORNER OF SAID
GOVERNMENT LOT 1; THENCE, SOUTH 68°33'30" WEST ALONG THE NORTH LINE
OF THE JANE MURRAY GRANT, SECTION 48, TOWNSHIP 18 SOUTH, RANGE 34 EAST,
VOLUSIA COUNTY, FLORIDA, A DISTANCE OF 955.40 FEET TO THE INTERSECTION
OF SAID LINE AND THE EASTERLY RIGHT OF WAY OF THE FLORIDA EAST COAST
RAILWAY; THENCE, SOUTH 68°33'30" WEST ALONG SAID NORTH LINE A DISTANCE
OF 100.03 FEET TO THE INTERSECTION OF SAID LINE AND THE WESTERLY RIGHT
OF WAY OF SAID FLORIDA EAST COAST RAILWAY AND THE POINT OF BEGINNING
OF THE LANDS HEREIN DESCRIBED; THENCE, SOUTH 68°33'30" WEST ALONG SAID
NORTH LINE, A DISTANCE OF 239.77 FEET TO THE INTERSECTION OF SAID LINE
AND THE SOUTH LINE OF GOVERNMENT LOT 1; THENCE, SOUTH 88057'20" WEST
ALONG SAID SOUTH LINE, A DISTANCE OF 115.88 FEET TO THE SOUTHWEST
CORNER THEREOF; THENCE, NORTH 00°33'40" WEST ALONG THE WEST LINE OF
GOVERNMENT LOT 13, A DISTANCE OF 550.65 FEET TO THE SOUTHERLY CORNER
OF SAID LOT 8259; THENCE, NORTH 21012'05" WEST, A DISTANCE OF 284.63 FEET
TO THE NORTHWEST CORNER OF SAID LOT 8263; THENCE, NORTH 68046107" EAST
ALONG THE NORTH LINE OF LOT 82633, A DISTANCE OF 107.23 FEET TO THE
NORTHEAST CORNER THEREOF, SAID CORNER LYING ON THE WEST LINE OF
GOVERNMENT LOT 1; THENCE, NORTH 00033'40" WEST ALONG SAID WEST LINE, A
DISTANCE OF 65.15 FEET TO THE INTERSECTION OF SAID LINE AND THE
WESTERLY RIGHT OF WAY OF FLORIDA EAST COAST RAILWAY; THENCE, SOUTH
22044'40" EAST ALONG SAID WESTERLY RIGHT OF WAY, A DISTANCE OF 900.21
FEET TO THE POINT OF BEGINNING AND CLOSE. SAID PARCEL CONTAINING
176,452 SQ.FT. OR 4.05 ACRES, MORE OR LESS.
4
2024-0-21
T
�s
m
I
N
O
N