2022-O-15 - 1805 St Croix Way CPA ORDINANCE NO.2022-0-15
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM VOLUSIA COUNTY LOW IMPACT
URBAN AND ENVIRONMENTAL SYSTEMS CORRIDOR TO
CITY AGRICULTURE WITH CONSERVATION
OVERLAY FOR 11.2± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 1805 ST. CROIX WAY,
EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC
HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Jeffrey Lariscy, applicant, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located at 1805 St. Croix Way,
within Volusia County, Florida as Agriculture with Conservation Overlay. Subject property
contains approximately 11.2±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, July 13, 2022,
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 Iocated
within the City of Edgewater, Florida, shall be amended to include property described in
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Exhibits "A" and "B" on the Future Land Use Map as Agriculture 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 September 12,2022,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hereby superseded by this ordinance to the extent of such conflict.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. 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,
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.
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PART E. 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 F. ADOPTION.
After Motion to approve by Councilwoman Dolbow, with Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on September 12, 2022, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X ^'
Councilwoman Gigi Bennington X -
Councilwoman Debbie Dolbow X - --
Councilman Jonah Powers X
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2422-0-15
After Motion to approve by 0ht_c a)c .P >>r�� , Second by, e
vote on the second reading/public hearing of this ordinance held on 3, 2422, was as
follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington X
Councilwoman Debbie Dolbow ?C
Councilman Jonah Powers x
ril
PASSED AND DULY ADOPTED this day of : 12022.
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C, ,...AT :. COUNCIL OF THE
. ' CITY OF. DGEWA R FLORIDA
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Zlotni MC ike Tho a
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For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R.Wolfe,Esquire
City Attorney
Doran,Sims,Wolfe&Yoon
Approved by the City Council of the City of Edgewater at a
meeting held on this day of Q ffllLr-A '2022
under Agenda Item No 8
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EXHIBIT"A"
LEGAL DESCRIPTION
BEING A PORTION OF LOTS 44, 52, 53, & 61 ASSESSOR'S SUBDMSION OF THE
SAMUEL BETTS GRANT,AS RECORDED IN MAP BOOK 3,PAGE 153 OF THE PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
FROM THE NORTHEAST CORNER OF LOT 138 OF SAID ASSESSOR'S SUBDIVISION OF
THE SAMUEL BETTS GRANT,RUN SOUTH 69-DEGREES 30 MINUTES 17 SECONDS WEST
ALONG THE NORTH LINE OF SAID LOT 138 A DiSTAiiNCE OF 5750.38 FEET(5638.50 FEET
PLAT) TO THE NORTHWESTERLY CORNER OF SAID LOT 138;THENCE CONTINUE
SOUTH 69 DEGREES 30 MINUTES 17 SECONDS WEST ON A WESTERLY EXTENSION OF
THE NORTH LINE OF SAID LOT 138 A DISTANCE OF 365.69 FEET;THENCE SOUTH 21
DEGREES 10 MINUTES 16 SECONDS EAST A DISTANCE OF 1258.72 FEET TO THE
SOUTHERLY LINE OF A 170 FOOT WIDE FLORIDA PONDER AND LIGHT COMPANY
EASEMENT AND THE NORTHEASTERLY CORNER OF RAGIS ACRES SOUTH, AN
UNRECORDED SUBDIVISION;THENCE SOUTH 8.9 DEGREES 38 AIINUTES 43 SECONDS
EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF SAID FLORIDA POWER AND Light
COMPANY EASEMENT A DISTANCE OF 2100.52 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 89 DEGREES 38 MINUTES 43 SECONDS EAST ALONG THE
SOUITIERLY RIGHT-OF-WAY OF SAID FLORIDA POWER AND LIGHT COMPANY
EASEMENT A DISTANCE OF 567.89 FEET; THENCE CONTINUE ALONG THE
SOUTHERLY RIGHT OF WAY OF SAID EASEMENT,NORTH 69 DEGREES 29 MINUTES 57
SECONDS EAST A DISTANCE OF 403.91 FEET;THENCE DEPARTING THE SOUTHERLY
RIGHT-OF-WAY OF SAID EASEMENT GO SOUTH 21 DEGREES 25 MINUTES 37 SECONDS
EAST A DISTANCE OF 407.20 FEET; THENCE SOUTH 68 DEGREES 58 MINUTES 29
SECONDS WEST A DISTANCE OF 931?? FEET; THENCE NORTH 21 DEGREES 25
MINUTES 37 SECONDS WEST A DISTANCE OF 617.93 FEET TO THE POINT OF
BEGINNING.
INCLUDING THE USE OFTHE FOLLOWING DESCRIBED 60 FOOT INGRESS/EGRESS AND
PUBLIC UTILITIES EASEMENT:
FROM NORTHEAST CORNER OF LOT 138 OF SAID ASSESSOR'S SUBDIVISION OF THE
SAMUEL BETTS GRANT, RUN SOUTH 69 DEGREES 30 MINUTES 17 SECONDS WEST
ALONG THE NORTH LINE OF SAID LOT 138 A DISTANCE OF 5750.38 FEET(5638.50 FEET
PLAT) TO THE NORTHWESTERLY CORNER OF SAID LOT 138;THENCE CONTINUE
SOUTH 69 DEGREES 30 MINUTES 17 SECONDS WEST ON THE WESTERLY EXTENSION
OF THE NORTH LINE OF SAID LOT 138A DISTANCE OF 365.69 FEET;THENCE SOUTH 21
DEGREES 10 hIINnTES 16 SECONDS EAST A DISTANCE OF 1258.72 FEET TO THE
SOUTHERLY LINE OF A 170 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT
AND THE NORTHEASTERLY CORNER OF RAGIS ACRES SOUTH, AN UNRECORDED
SUBDIVISION;THENCE SOUTH 89 DEGREES 38 MINUTES 43 SECONDS EAST ALONG
THE SOUTHERLY RIGHT-OFAVAY OF SAID FLORIDA POWER AND LIGHT COMPANY
EASEMENT A DISTANCE OF 2100.52 FEET;THENCE SOUTH 21 DEGREES 25 MINUTES 37
SECONDS EAST A DISTANCE OF 285.26 FEET TO THE POINT OF BEGINNING OF THIS
EASEMENT DESCRIPTION: THENCE CONTINUE SOUTH 21 DEGREES 25 NIINIaES 37
SECONDS EAST A DISTANL CE OF 1725.34 FEET TO THE NORTHERLY RIGHT-OF-WAY OF
STATE ROAD 442,THENCE SOUTH 49 DEGREES 52 MINUTES 10 SECONDS WEST ALONG
SAID RIGHT-OF-WAY A DISTANCE OF 63.35 FEET; THENCE NORTH 21 DEGREES 25
MINUTES 37 SECONDS WEST A DISTANCE OF 1615.66 FEET TO THE PC OF A CURVE
CONCAVE SOUTHWESTERLY AND HAVING A CENTRAL ANGLE OF 53 DEGREES 17
MINUTES 48 SECONDS AND A RADIUS OF 50.00 FEET;THENCE ALONG THE ARC OF
SAID CURVE A DISTANCE OF 46.37 FEET TO THE PRC OF A CURVE CONCAVE
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NORTHWESMRLY AND HAVING A CENTRAL AiNGLE OF 143 DEGREES 7 MINUTES 48 l�
SECONDS AND A RADIUS OF 50 FEET;THENCE ALONG THE ARC OF SAID CURVE A
DISTANCE OF 124.91 FEET TO THEFT OF SAID CURVE;THENCE NORTH 68 DEGREES
34 MINUTES 23 SECONDS EAST A DISTANCE OF 50.00 FEET TO THE POINT OF
BEGINNING.
This legal description includes any/all adjoining right-of-way relating to the subject property.
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