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2021-O-10 - Rescind Restoration DRI Development Order ORDINANCE NO.2021-0-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, RESCINDING THE AMENDED AND RESTATED RESTORATION DEVELOPMENT OF REGIONAL IMPACT DEVELOPMENT ORDER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. On February 23, 2010, the City of Edgewater adopted Ordinance 2010-0-03 which approved the amended and restated Restoration development of regional impact (the "DRI") development order for the real property described in Exhibit"A"attached hereto (the "Property"). 2. Pursuant to Section 3$0.115(2), Florida Statutes, "[if] requested by the developer or landowner, the development-of-regional-impact development order shall be rescinded by the local government having jurisdiction upon a showing that all required mitigation related to the amount of development that existed on the date of rescission has been completed or will be completed under an existing permit or equivalent authorization issued by a governmental agency as defined in s. 380.031(6), if such permit or authorization is subject to enforcement through administrative or judicial remedies." 3. The current landowner of the Property, Farmton North, LLC, has requested rescission of the Restoration DRI development order. 4. No construction or development has occurred on the Property; therefore, no mitigation is required under the Restoration DRI development order. 5. In conjunction with its request for rescission of the Restoration DRI development order, Farmton North, LLC has applied to the City for a Comprehensive Plan amendment for 1 !#2021-0-I0 a Future Land Use designation as Mixed-Use and a PUD rezoning for the Property and 163 agreement with the intent of developing a new project called Deering Park North. The effective date of the rescission of the Restoration DRI development order is contingent on the comprehensive plan, rezoning and 163 agreements all going into effect at the same time as the DRI rescission. NOW THEREFORE,BE IT ENACTED by the City Council of the City of Edgewater, Florida: PART A. ORDER I. The above recitals are hereby adopted and incorporated into the body of this Ordinance by reference. 2. The City Council of the City of Edgewater hereby rescinds the Restoration DRI development order based upon the above findings. 3. The Property shall be governed by the City Comprehensive Plan, the City Planned Unit Development zoning,and the City's Land Development Code. PART B. CONFLICTING PROVISIONS All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. 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 circumstances, such holding shall not affect its applicability to any other person, property or circumstance. PART D. EFFECTIVE DATE 2 #202 1-0-10 This ordinance shall take effect LIP011 the adoption of ordinances re-designating the Property's FLItUre Land Use as Mixed Use and approving a PUD rezoning and a 163 agreement C7, for the Property. PART F. ADOPTION After Motion to approve by COUncilwornan Power with Second by Councilwoman O'Keefe the vote on the first reading of this ordinance held 011, April 12"'was as follows: AYE NAY Mayor Mike`Thomas X COUncHwoman Christine Power X Councilwoman Gigi Bennington X Councilwoman Megan O'Keefe X Councilman Jonah Powers X After Motion to approve by E&I pCi �I I with Second by 001 in cal oj g, o the vote on the second reading of this ordinance held on was as follows: AYE NAY Mayor Mike I'liomas Councilwoman Christine Power X Councilwoman Gigi Bennington Councilwoman Megan O'Keefe Councilman Jonah Powers X 3 #2021-0-10 PASSED AND DULY ADOPTED this ay of C 'Ci"U ,. , 2021. ATTEST. CITY COUNCIL OF THE CIT EDG +WAT , E cry Bonnie I?roA,n4� ww l 4iL-e 'hom. s City C1e0j r' May T,. For the use and reli ince only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Ed*e�vater at a meeting held on this `day of legality by: Aaron R. Wolfe, Esquire Qkd � r' , 2021 under,Agenda Item City Attorney No. At; - . Doran. Sims, Wolfe& Yoon 4 #2021-0-10 .. .. ,_ ., �; _, �v . . . .. ti ., .. -, ,,�,�. _' .ti y �lr �.. , .: . . � .:- _ r .: .. .. ... .:.Y� •.. .. �+� .. .-� . - �� '. ti.. � � t s F ... .. 4_ � CAr •. �1, #F � w"� . r. j ,.., . �, . ,,..w '�.t.i ., .,. ., . . G . .�;` •. .r _„ EXHIBIT"A" LEGAL DESCRIPTION A portion of the South 1/2 of the Southeast 1/4 of Section 32,Township 17 South Range 33 East; the South 1/2 of the Southwest 1/4 of Section 33, Township 17 South, Range 33 Fast; the Southeast 1 /4 and the South 1/2 of the Northeast 1/4 of Section 34, Township 17 South, Range 33 East; U.S. Lots 1, 2, 3, 4, 5, 6 and 7, Section 1, Township 18 South Range 33 East; U.S. Lots 1, 2, 3, 4, 6, 9, 10, 11 and 12, Section 2, Township 18 South, Range 33 East; U.S. Lots I and 6, Section 3, Township 18 South, Range 33 East; AND U.S. Lots 8 and 9, the Southwest 1/4 and the Southeast 1/4 of Section 6, Township 18 South.. Range 34 East, all being in Votusia County, Florida, being described as follows: Commence at the Southwest comer of said Section 2; thence North 89'14'48" East, along the South line of said Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02053'33" West, a distance of 1524.17 feet to a point of curvature; thence 8560.65 feet along the arc of a curve to the left, said curve having a radius of 13,883.28 feet, a central angle of 35'19'46" and a chord of 8425.67 feet which bears North 20'33'27' West to a point of reverse curvature; thence 1391.17 feet along the arc of a curve to the right, said curve having a radius of 16,116.72 feet, a central angle of 4'5644" and a chord of 1390.74 feet which bears North 35044'57" West to the North line of said South 1/2 of the Southeast 1/4 of Section 32; thence North 88*48'27" East along said North line of the South 1/2 of the Southeast 1/4 of Section 32 and along a line non-tangent to the last described curve, a distance of 276.32 feet; thence 1224.25 feet along the are of a curve to the left being non-tangent with the last described line, said curve having a radius of 15,883.28 feet, a central angle of 4'24'58" and chord of 1223.95 feet which bears South 36100'50" East to a point of reverse curvature; thence 2384,62 feet along the arc of a curve to the right, said curve having a radius of 14,116.72 feet, a central angle of 9'40'43' and a chord of2381.79 feet which bears South 3302215811 East; thence North 61°54'23" East, along a line non-tangent and non radial to said curve, a distance of 177.80 feet to a point of curvature; thence 7098.59 feet along the arc of a curve to the right, said curve having a radius of 6860.86 fee a central angle of 59'16'52" and chord of 6786.17 feet bears South 880 East to a point of reverse curvature; thence 1627.27 feet along the arc of a curve to the left, said curve having a radius of 2829.14 a central angle of32'57'20" and a chord of 1604.93 feet which bears South 75111725" East thence 480.12 feet along the arc of a curve to the right being non-tangent with the last described curve, said curve having a radius of 3666.72 fee a central angle of 7*30'08" and a chord of 479.77 feet which bears North 10'23'50" West to a point of compound curvature; thence 2782.07 feet along the arc of a curve to the right, said curve having a radius of 28,116.72 feet, a central angle of 5040'09"and a chord of 2780.94 feet which bears North 03°48'41" West to a point of reverse curvature; thence 3173.57 feet along the are of a curve to the ]eft, said curve having a radius of 10,383.28 feet, a central angle of 17'30'43" and a chord of 3161.24 feet which bears North 09'43'58" West to the North line of said South 1/2 of the Northeast 1/4 of Section 34; thence North 88*35'24" East along said North line of the South 1/2 of the Northeast 1/4 of Section 34 and along a line non- tangent to the last described curve,a distance of 243.96 feet; thence 3173.28 feet along the arc of a curve to the right being non tangent with the last described line, said curve having a radius of 10,616.72 feet a central angle of 17107'31" and a chord of 3161.48 feet which bears South 09'32'22" East to a point of reverse curvature;thence 2758.98 feet along the are of a curve to the left, said curve having a radius of 27 893.28 feet, a central angle of 5'40'09" and a chord of2757.85 feet which bears South 03048'41" East to a point of compound curvature; thence 2519.59 feet along the arc of a curve to the left, said curve having a radius of 3433.28 feet, a central angle of 42'02'52" and a chord of 2463-43 feet which bears South 27'40'11" East to a #2021-0-10 point of reverse curvature; thence 2417.59 feet along the arc of a curve to the right, said curve having a radius of 5116.72 fee4 a central angel of 27'04'18" and a chord of 2395.16 feet which bears South 35009'29" East to a point of reverse curvature; thence 2457.30 feet along the are of a curve to the left. said curve having a radius of 5883.28 feet, a central angle of 23'55'52" and a chord of 2439.48 feet which bears South 33*3S'l 6" East to a point of tangency; thence South 45033tl2ll East, a distance of S30.97 feet to a point of curvature;thence 874.22 feet along the arc of a curve to the right, said curve having a radius of 1366.72 feet, a central angle of 36'38'57" and a chord of 859.39 feet which bears South 27'l 3'43" East; thence South 89'4448' E• along a line non-tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; thence South 775529" West, along said Westerly right of way, a distance of 168.81 feet; thence South 89'41'55" West, along said Westerly right of way, a distance of332.8 I feet; thence South 00'18'05" East, along said Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North 89*4448' West, along said South line of Section 6, a distance of 2945.21 feet; thence 838.48 feet along the arc of a curve to the left being non-tangent with the last described line, said curve having a radius of J 133.28 feet, a central angle of 4223'29" and a chord of 819.49 feet which bears North 24'21'27" West to a point of tangency; thence North 45'33'12" West, a distance of 530.97 feet; thence 2554.81 feet along the are of a curve to the right,said curve having a radius of 6116.72 feet,a central angle of 23*55'52" and a chord of 2536.28 feet which bears North 33"35'16" West to a point of reverse curvature; thence 2307.29 feet along the arc of a curve to the le said curve having a radius of 4883.28 feet, a central angle of 27'04'18" and a chord of 2285.89 feet which bears North 35'09'29 West to a point of reverse curvature; thence 1982.61 feet along the arc of a curve to the right said curve having a radius of 3666.72 feet, a central angle of30'5848" and a chord of 1958.54 feet which bears North 33'12'13" West, thence 1810.62 feet along the arc of a curve to the right being non-tangent with the last described curve, said curve having a radius of305O.86 fee a central angle of 34°00'14" and a chord of 1784.17 feet which bears North 75'4852" West to a point of reverse curvature; thence 6869.19 feet along the arc of a curve to the left, said curve having a radius of 6639.14 feet, a central angle of 59*16'52" and a chord of 6566.87 feet which bears North 88°27'11" West to a point of tangency; thence South 61°54'23" West a distance of 177.80 feet; thence 6098.25 feet along the arc of a curve to the right being non-tangent with the last described line, said curve having a radius of 14,116.72 feet, a central angle of 24'45'04", a chord of 60S0.94 feet which bears South 15'16'05" East to a point of tangency; thence South 02'53'33" East, a distance of 1532.89 feet to said South line of Section 2; thence South 89*14'48" West,a distance of 233.60 feet to the POINT OF BEGINNING. AND: The South 1/2 of the Southwest 1/4 and the South 1/2 of the Southeast 1/4, Section 32, Township 17 South, Range 33 the South 1/2 of the Southwest 1/4, the Southwest 1/4 of the Southeast 1/4, the Southeast 1/4 of the Southeast 1/4, the Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4, the Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4, the Northeast 114 of the Northeast 1/4, of the Southeast 1/4, the Southeast 1/4 of the Southeast 1/4 of the Northeast 1/4 and the Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4, Section 33, Township 17 South, Range 33 East the South 1/2 of the Northwest 1/4, the South 1/2 of the Northeast 1/4, the Southwest 1/4 and the Southeast 1/4, Section 34, Township 17 South, Range 33 East; that portion of the South 1/2 of Northwest 1/4 and the Southwest 1/4, lying Southwesterly of Interstate 95, Section 35, Township 17 South Range 33 East; a portion of Section 6, Township 18 South, Range 34 East, lying Southwesterly of Interstate 95; all of Section I and 2, Township 6 #2021-©-10 18 South, Range 33 East; and Section 3, Township 18 South, Range 33 East, excepting therefrom five (5) acres in government Lot 14, described as follows: Beginning at the Southeast comer of said Section 3; thence West on the South line of said Section 660 feet; thence 330 feet; thence East 660 feet to the East line of said Section 3; thence South on the Section line 330 feet to the place of beginning; all being more particularly described as follows: for a POINT OF BEGINNING, Commence at the Southwest comer of said Section 3, thence North 00'23'50" West, along the West line of said Section 1, a distance of 9268.62 feet to the South line of said Section 32; thence South 88"53'051 West along said South line of Section 32, a distance of 1121.77 feet to the Southwest comer of said Section 32; thence North 01'45'25" West,a distance of 1317.75 feet to the Northwest comer of said South 1/2 of the Southwest 1/4 of Section 32; thence North 88'4827" East, a distance of 5316.15 feet to the Northwest Comer of said South 1/2 of the Southwest 1/4 of Section 33; thence North 88'44'47" East, a distance of 3973.41 feet to the Northwest comer of said Southeast 1/4 of the Southeast 1/4 of Section 33; thence North 01'45'54" West, a distance of 663.33 feet to the Northwest comer of said Southwest 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 88044'01 " East. a distance of 661.32 feet to the Northwest comer of said Southeast 1/4 of the Northeast 1/4 of the Southeast 1/4 of Section 33; thence North 01'50'38" West, a distance of 1990.46 feet to the Northwest comer of said Northeast 1/4 of the Southeast 1/4 of the Northeast 1/4 of Section 33;thence North 88'41'43" East, a distance of 658.58 feet to the Northwest comer of said South 1/2 of the Northwest 1/4 ofSection34; thence North 88035'24" East, a distance of S293.36 feet to the Northwest comer of said South 1/2 of the Northwest 1/4 of Section 35; thence North 88'07'06" East, along the North line of said South 1/2 of the Northwest 1/4 of Section 35, a distance of 884.36 feet to the Westerly right of way of Interstate 9S; thence Southeasterly along said Westerly right of way the following four(4) courses: South 29'5336" East, a distance of 452.54 feet; thence South 29152'56" East, a distance of 1053.25 feet; thence South 29'53'27" East, a distance of 1127.04 feet; thence South 29153'23" East, a distance of 1141.37 feet to the Fast line of the Southwest 1/4 of Section 35,Township 17 South, Range 33 East; thence South 02*12'17" East, along said East line of the Southwest 1/4, a distance of 700.28 feet to the Southwest comer of the Southeast 1/4 of said Section 35,- thence North 88'44'36" East,along the South line of said Southeast 1/4 a distance of 370.66 feet to said Westerly right of way of Interstate 95; thence Southeasterly along said Westerly right of way the following four(4)courses: South 29'52'54" E a distance of 1270.66 feet;thence South 29'5355"East, a distance of 1005.54 feet;thence South 29'52'17' East, a distance of 825.17 feet thence 939.01 feet along the arc of a curve to the right being non-tangent to the last described line, said curve having a radius of 8419.42 feet,a central angle of 6'23'25" and a chord of9J8.53 feet which bears South 26041'16 East; thence South 00°15'12" West, leaving said right of way of Interstate 95 and along a line non-tangent to said curve, a distance of 5905.65 feet to the South line of Section 6, Township 18 South, Range 34 East; thence North 89"44'48" West along said South line of Section 6, a distance 3825.35 feet to the Southeast comer of said Section 1; thence South 89*19'23"' West, along the South line of said Section 1, a distance of 5288.04 feel to the Southeast comer of said Section 2; thence South 8914'48" West along the South line of said Section 2,a distance of 5299.92 feet to the Southeast comer of said Section 3; thence North 00020'15" West, along the East line of said Section 3, a distance of330.00 feet; thence South 89*01'09" West. A distance of 660.00 feet; thence South 0002011511 East, a distance of 330.00 feet to the South line of Section 3; thence South 89*01'09" West, along the South line of Section 3, a distance of 4619.20 feet to the POINT Of BEGINNING. LESS AND EXCEPT: A portion of the South 1/2 of the Southeast 1/4 of Section 32 Township 17 South, Range 33 East; the South 1/2 of the Southwest 1/4 of Section 33, Township 17 South, Range 33 East; the Southeast 1/4 and the South 1/2 of the Northeast 1/4 of 7 02021-0-10 Section 34, Township 17 South. Range 33 East; U.S. L.ots 1, 2, 3, 4, S, 6 and 7, Section 1, Township 18 South, Range 33 East; U.S. Lots 1,2,3,4, 6, 9, 10, 11 and 12, Section 2, Township 18 South., Range 33 East; U.S. Lots I and 6, Section 3, Township 18 South, Range 33 East; AND U.S. Lots 8 and 9, the Southwest 1/4 and the Southeast 1/4 of Section 6, Township 18 South, Range 34 East, all being in Volusia County, Florida, being described as follows: Commence at the Southwest comer of said Section 2; thence North 89'14'48" East, along the South line of said Section 2, a distance of 1492.34 feet for the POINT OF BEGINNING; thence North 02'53'3 West, a distance of 1524.17 feet to a point of curvature; thence 8560.65 feet along the arc of a curve to the lea said curve having a radius of 13,883.28 feet, a central angle of 35'19'46" and a chord of 8425.67 feet which bears North 20'33'27" West to a point of reverse curvature: thence 1391.17 feet along the arc of a curve to the right, said curve having a radius of 169116.72 feet, a central angle of 4'56'44" and a chord of 1390.74 feet which bears North 35o44.57n West to the North line of said South 1/2 of the Southeast 1 /4 of Section 32; thence North 88'4827" East along said North line of the South 1/2 of the Southeast 1/4 of Section 32 and along a line non-tangent to the last described curve, a distance of 276.32 feet; thence 1224.25 feet along the are of a curve to the left being non-tangent with the last described line, said curve having a radius of 15!1883.28 feet, a central angle of 4'24'58" and chord of 1223.95 feet which bears South 36"00'50" East to a point of reverse curvature; thence 2384.62 feet along the arc of a curve to the right, said curve having a radius of 14,116.72 feet, a central angle of 9'40'43t' and a chord of2381.79 feet which bears South 33*22'58" East; thence North 61"54 3" East, along a line non-tangent and non-radial to said curve, a distance of 177.80 feet to a point of curvature; thence 7098.59 feet along the arc of a curve to the fight, said curve having a radius of 6860..86 feet. a central angle of 59016'52" and chord of 6786.17 feet which bears South 88°27'11" East to a point of reverse curvature; thence 1627.27 feet along the are of a curve to the le said curve having a radius of 2829.14 feet,a central angle of 32157'20" and a chord of 1604.93 feet which bears South 75'17.25" East; thence 480.12 feet along the arc of a curve to the right being non-tangent with the last described curve said curve having a radius of 3666.72 feet. a central angle of7'30'08" and a chord of 479.77 feet which bears North 10'23'50" West to a point of compound curvature; thence 2782.07 feet along the are of a curve to dle right, said curve having a radius of 28,1 16.72 feet a central angle of 5'40'09" and a chord of 2790.94 feet which bears North 0348'41" West to a point of reverse curvature; thence 3173..57 feet along the arc of a curve to the left, said curve having a radius of 10,383.28 feet, a central angle oft 70130143" and a chord of 3161.24 feet which bears North 09143.5gn West to the North line of said South 1/2 of the Northeast 1/4 of Section 34; thence North 88'3524" East along said North line of the South 1/2 of the Northeast 1/4 of Section 34 and along a line non-tangent to the Ism described curve, a distance of 243.96 feet; thence 3173.28 feet along the arc of a curve to the right being non- tangent with the last described line, said curve having a radius of 10,616.72 fee a central angle of 17'07'3 1 " and a chord of 3161.48 feet which bears South 09'32'22" East to a point of reverse curvature; thence 2758.98 feet along the arc of a curve to the left, said curve having a radius of27,883.28 feet, a central angle of 5*40'09't and a chord of 2757.85 feet which bears South 03048.4 t.. East to a point of compound curvature;thence 2519.59 feet along the arc of a curve to the left, said curve having a radius of 3433.28 feet central angle of 42'02'52" and a chord of2463.43 feet which bears South 27'40'1 1" East to a point of reverse curvature; thence 2417.59 feet along the are of a curve to the right, said curve having a radius of 51 16.72 feet, a central angel oft 7004'18" and a chord of2395. 16 feet which bears South 35'09'29" East to a point of reverse curvature; thence 2457.30 feet along the arc of a curve to the left, said curve having a radius of 5883.28 feet a central angle of 23055'52" and a chord of 2439.48 feet which bears South 33°35'16'" East to a point of tangency; thence South 45'33'12" East a distance of 530.97 8 #2021-0-10 feet to a point of curvature; thence 874.22 feet along the arc of a curve to the right, said curve having a radius of 1366.72 feet, a central angle of 36"38'57 and a chord of 859.39 feet which bears South 27'13'43" East; thence South 89*44.48" East, along a line non-tangent with the last described curve, a distance of 3223.82 feet to the Westerly right of way of Interstate 95; thence South 77'S5'29" West, along said Westerly right of wayl a distance of 168.81 feet; thence South 89*41-sS"West, along said Westerly right of way, a distance of 332.81 feet; thence South 00'18'05' Fast, along said Westerly right of way, a distance of 110.74 feet to the South line of said Section 6; thence North 89'4448" West, along said South line of Section 6, a distance of 2945.2 I feet; thence 838.48 feet along the arc of a curve to the left being non-tangent with the last described line, said curve having a radius of 1133.28 feet,. a central angle of42°23'29" and a chord of819.49 feet which bears North 2412127" West to a point of tangency; thence North 45'33'12" West, a distance of 530.97 feet; thence 2554.81 feet along the arc of a curve to the right, said curve having a radius of 6116.72 feet. a central angle of 23'55'52" and a chord of 2536.28 feet which bears North 33*35'16" West to a point of reverse curvature; thence 2307.29 feet along the arc of a curve to the le said curve having a radius of 4883.28 fee a central angle of27'04'1 8" and a chord of2285.89 feet which bears North 35009'29" West to a point of reverse curvature; thence 1982.61 feet along the arc of a curve to the right, said curve having a radius of 3666.72 feet, a central angle of 3005848" and a chord of 1958.54 feet which bears North 3301211311 West,thence 1810.62 feet along the arc of a curve to the right being non-tangent with the last described curve, said curve having a radius of 3050.86 fee a central angle of 34*00,14 and a chord of 1784.17 feet which bears North •7S° 48' 5 2" West 10 a point of reverse curvature; thence 6869.19 feet along the arc of a curve to the left, said curve having a radius of 6639.14 fee a central angle of S9t 6•s 2" and a chord of 6566.87 feet which bears North 88'27'1 V West to a point of tangency; thence South 61'54'23n West, a distance of In.80 feet; thence 6098.25 feet along the arc of a curve to the right being non-tangent with the last described line, said curve having a radius of 142116.72 feet a central angle of 24'45-04", a chord of 6050.94 feet which bears South 15't 6•os'" East to a point of tangency; thence South 02*533" East a distance of 1532.89 feet to said South line of Section 2; thence South 89'1448" West, a distance of 233.60 feet to the POINT OF BEGINNING. 9 92021-0-10