2022-O-16 - 1805 St Croix Way RZ 10/4/2022 3:56:07 PM Instrument#2022226165#1 Book:8318 Page:4303
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ORDINANCE NO.2022-0-16
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM V O L U S I A COUNTY A-3
(TRNSITIONAL AGRICULTURE) AND V O L U S I A RC
(RESOURCE CORRIDOR) TO CITY AGRICULTURE
FOR 11.2± ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 1805 ST. CROIX WAY, EDGEWATER,
FLORIDA; AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF EDGEWATER; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR AN EFFECTIVE
DATE,RECORDING AND ADOPTION.
WHEREAS,the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Jeff Lariscy is owner of the property located at 1805 St. Croix Way, within
Volusia County, Florida. Subject property contains approximately 11.2±acres.
2. The owners have submitted an application for a change in zoning classification
from County Volusia County A-3 (Transitional Agriculture) and Volusia County RC
(Resource Corridor)to City AG (Agriculture)for the property described herein.
3. On July 13, 2022, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established
land use pattern.
6. The proposed change in zoning classification will not adversely impact public
facilities.
7. The proposed change in zoning classification will not have an adverse effect on
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the natural environment.
8. The proposed change will not have a negative effect on the character of the
surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN REAL
PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA.
The zoning classification is hereby changed from County Volusia County A-3
(Transitional Agriculture) and Volusia County RC (Resource Corridor) to City AG
(Agriculture), for the property described in Exhibits "A"& "B".
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER,FLORIDA.
The Development Services Director is hereby authorized and directed to amend the
Official Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning
classification for the above described property.
PART C. 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 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 circumstances, such holding shall not affect its applicability to any other person, property, or
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circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman Bennington, with Second by Councilwoman
Christine Power 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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After Motion to approve by Cite L'a n--,CLIA -)C)
Second by, LL� l ��`,�C the vote on the second
reading/public hearing of this ordinance held an 2022, was as follows:
AYE NAY
Mayor Mike Thomas �(
Councilwoman Christine Power x
Councilwoman Gigi Bennington '
Councilwoman Debbie Dolbow
Councilman Jonah Powers
d
PASSED AND DULY ADOPTED this day of CdLL1,V2022.
ATTEST . COUNCIL OF THE
t
CITY OF EDGEWATER, FLORIDA
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Po• yf f (
3
'Bofnnie Zlotnik, C MikeTl 6m:tsl
City Clerk Mayor'
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 2022
under Agenda item No 8 C-
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EXHIBIT "A"
LEGAL DESCRIPTION
BEING A PORTION OF LOTS 44,52,53,&61 ASSESSORS SUBDMSION OF THE SAMUEL
BETTS GRANT,AS RECORDED N MAP BOOK 3,PAGE 153 OF THE PUBLIC RECORDS
OF VOLUSIA COUN'T'Y, 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 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 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 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-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 EA5"T ALONG THE
SOUTHERLY 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 E.ASEIvIENT GO SOUTH 21 DEGREES 25 MINUTES 37 SECONDS EAST A
DISTANCE OF 407.20 FEET; THENCE SOUTH 68 DEGREES 58 MINUTES 29 SECONDS
/100"N WEST A DIST_-1NCE OF 931.22 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 UTILMES EASENIENT:
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 NUNUTES 17 SECONDS WEST ON THE WESTERLY EXTENSION
OF THE NORTH LINE OF SAID LOT 138 A DISTANCE OF 365.69 FEET;THENCE SOUTH 21
DEGREES 10 MlNuTES 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-OF-WAY 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 L.f[NlrrES 37
SECONDS EAST A DI,STANCE 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
NORTHWESTERLY AND HAVING A CENTRAL ANGLE OF 143 DEGREES 7 MINUTES 48
SECONDS AND A RADIUS OF 50 FEET;THENCE ALONG THE.ARC OF SAID CURVE A
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DISTANCE OF 124.91 FEETTO THEPTOF SAID CURVE;THENCE NORTH 68DEGREES 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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2022-0-16
Instrument#202222G1G5#7Book:8318PagexQ09Laura E. Roth,Vo|uoiaCounty Clerk ofCourt
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