2025-O-03 - CPA - 131 Poinciana Road ORDINANCE NO.202S-O-03
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 FORA t
ACRES OF CERTAIN REAL PROPERTY LOCATED AT 131
POINCIANA ROAD (PARCEL IDENTIFICATION NUMBER
8413-04-00-3960), 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, Tyler Schmitz, owner, has applied for an amendment to the Comprehensive
Plan. Future Land Use Map to include property located at 1.31 Poinciana Road (Tax Parcel No.
8413-04-00-3960) within Volusia County, Florida as Medium Density Residential. Subject
property contains approximately .4 t 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, February 12,
2025,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. 2025-0-03, 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
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2025-0-03
"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 2401,2025,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hereby superseded by this ordinance to the extent of such conflict.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
pen-nits, 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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2025-0-03
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 fi-01-n the VOILISia Growth
Management Commission.
PASSED AND DULY ADOPTED this day of 025.
Diezel DePew, Mayor
ATTEST-.
l3onnieZ(otnik- MC, City C]crk
Passed on fir"st"reading on the c day of ' 2025J'
REVIEWIF!,D AND APPROVED L�,-:-,
Aaron R. Wolk-- Attorney
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2025-0-03
EXHIBIT"A"
LEGAL DESCRIPTION
Lots 396 and 397,Waterway Park,Sec#2,according to the map or plat thereof,as recorded in Map
Book 19,Page 270,of the Public Records of Volusia County,Florida,included vacated 15 feet Drainage
right of way between Lots 396 and 397.
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2025-0-03
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