2023-O-36 - CPA Watts - Jones Fish Camp ORDINANCE NO.2023-0-36
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS AMENDED,
BY AMENDING THE OFFICIAL FUTURE LAND USE MAP
FROM COMMERCIAL AND HIGH DENSITY RESIDENTIAL
WITH CONSERVATION OVERLAY TO MIXED-USE FOR
37.05+ ACRES OF CERTAIN REAL PROPERTY LOCATED
EAST OF SOUTH RIDGEWOOD AVENUE,NORTH OF JONES
FISH CAMP ROAD, AND WEST OF THE INDIAN RIVER
(PARCEL IDENTIFICATION NUMBERS 8538-10-00-0350,
8538-10-00-0320, 8538-10-00-0310, 8538-10-00-0282, 8538-10-00-
0280, 8538-10-00-0270, 8538-10-00-0260, 8538-10-00-0150, 8538-
10-00-0160, 8538-10-00-0130, 8538-10-00-0010, 8537-11-00-0061,
8537-11-00-0065, 8538-10-00-0252, 8538-18-00-0001, 8538-18-00-
0002, 8538-18-00-00039 8538-18-00-00109 8538-18-00-0020, 8538-
18-00-0030, 8538-18-00-0040, 8538-18-00-0050, 8538-18-00-0060,
8538-18-00-0070, 8538-18-00-0080, 8538-18-00-0090, 8538-18-00-
0100), 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 A. Watts, applicant, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located property located east of
South Ridgewood Avenue, north of Jones Fish Camp Road, and west of the Indian River (Tax
Parcel No's. 8538-10-00-0350, 8538-10-00-0320, 8538-10-00-0310, 8538-10-00-0282, 8538-10-
00-0280, 8538-10-00-0270, 8538-10-00-0260, 8538-10-00-0150, 8538-10-00-0160, 8538-10-00-
0130, 8538-10-00-0010, 8537-11-00-0061, 8537-11-00-0065, 8538-10-00-0252, 8538-18-00-
0001, 8538-18-00-0002, 8538-18-00-0003, 8538-18-00-0010, 8538-18-00-0020, 8538-18-00-
0030, 8538-18-00-0040, 8538-18-00-0050, 8538-18-00-0060, 8538-18-00-0070, 8538-18-00-
0080, 8538-18-00-0090, 8538-18-00-0100) within Volusia County, Florida as Mixed-Use with
Conservation Overlay. Subject property contains approximately 37.05+acres.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
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2023-a-3L
Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat., on Wednesday, October 25, P"+1
2023,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 located within
the City of Edgewater, Florida, shall be amended to include property described in Exhibits
"A"and `B"on the Future Land Use Map as Mixed Use 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 November 6,2023,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 I"'1
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2023-0-3(0
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
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.
ASSED AND DULY ADOPTED this day of� 2023.
�j
LO
Diezel DePew, Mayor
'ATTEST-t
L
Bonnie Zlotnik,CfWC,City Clerk
Passed on first reading on the�'-�day of L n 20
REVIEWED AND APPROVED:
Aaron R. Wol ' Attorney
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20230-I0
EXHIBIT"A"
LEGAL DESCRIPTION
ALL OF LOTS 13, 14, 15, 16, THE EAST 100 FEET OF LOT 25, ALL OF LOTS 26, 27, A
PORTION OF LOT 28, THE VACATED PORTION OF NELLIE STREET, PER O.R. BOOK
5840, PAGE 43, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, THE VACATED
PORTION OF ALICE STREET, PER Q.R. BOOK 5840, PAGE 43, PUBLIC RECORDS OF
VOLUSIA COUNTY,FLORIDA,ALL IN THE PLAT OF RIVERFRONT ESTATES UNIT NO.
2,AS RECORDED IN MAP BOOK 19,PAGE 31,OF THE PUBLIC RECORDS OF VOLUSIA
COUNTY, FLORIDA AND A PORTION OF THE SOUTH 100 FEET OF LOT 6, THE PLAT
OF RIVERFRONT ESTATES AS RECORDED IN MAP BOOK 19,PAGE 18,OF THE PUBLIC
RECORDS OF VOLUSIA COUNTY FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUTHWEST CORNER OF LOT 6,PLAT OF RIVERFRONT ESTATES,AS
RECORDED IN MAP BOOK 19, PAGE 18, OF THE PUBLIC RECORDS OF VOLUSIA
COUNTY, FLORIDA; THENCE RUN N23000'28"W ALONG THE WESTERLY LINE OF
SAID LOT 6 ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF U.S.HIGHWAY NO.
1 (200'RJW), 100.21 FEET TO THE NORTHERLY LINE OF THE SOUTH 100 FEET OF SAID
LOT 6; THENCE DEPART SAID WESTERLY LINE N68°36'30"E ALONG THE
NORTHERLY LINE OF THE SOUTH 100 FEET OF SAID LOT 6,A DISTANCE OF 1550.98
FEET; THENCE DEPART SAID NORTHERLY LINE S171159'27"E, 221.51 FEET; THENCE
S18030'32"E, 175.51 FEET; THENCE S15°36'53"E, 170.49' FEET; THENCE S1705710411E,
116.71 FEET;THENCE S29°04'41"E,48.78 FEET TO THE SOUTHERLY LINE OF SAID LOT
28, PLAT OF RIVERFRONT ESTATES UNIT NO. 2, AS RECORDED IN MAP BOOK 19,
PAGE 31, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA SAID LINE
ALSO BEING THE NORTH RIGHT OF WAY LINE OF JONES FISH CAMP ROAD
(PLATTED THOMAS STREET) (60' RIW); THENCE S69°37'39"W ALONG SAID
SOUTHERLY LINE OF SAID LOT 28 AND THE SOUTHERLY LINE OF SAID VACATED
PORTION OF ALICE STREET AND THE SOUTHERLY LINE OF SAID LOT -25�A
DISTANCE OF 231.45 FEET TO THE WESTERLY LINE OF THE EAST 100 FEkT C3F-SAIA-
LOT 25; THENCE DEPART SAID SOUTHERLY LINE N22°56'31"W -ALONG THE.'-_
WESTERLY LINE OF THE EAST 100 FEET OF SAID LOT 25,A DISTANCE OF 226.37 FEET
TO THE SOUTHERLY LINE OF SAID LOT 26; THENCE S68°36'34"W..ALONG-THE
SOUTHERLY LINE OF SAID LOTS 26, 16, 13 AND THE SOUTHERLY LIND OF THE SAID R
VACATED PORTION OF NELLIE STREET, 959.76 FEET TO THE WESTERY,-Y--LINE OF
SAID LOT 13; THENCE N22059'09"W ALONG WESTERLY LINE OF SAID LOTS X13,AND
14, A DISTANCE OF 400.43 FEET TO THE SOUTHERLY LINE OF SAID LOT 6, PLAT OF
RIVERFRONT ESTATES; THENCE S68°36'30"W ALONG SAID SOUTHERLY LINE OF
LOT 6, A DISTANCE OF 300.11 FEET TO THE POINT OF BEGINNING.
eo■.
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2023-0--$0
TOGETHER WITH
LOTS 1,2 AND 3,PLAT OF RIVERFRONT ESTATES UNIT NO.2,AS RECORDED IN MAP
BOOK 19,PAGE 31,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA,LESS
AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY:
PARCEL I:
LOT 3, LESS THE EASTERLY 100 FEET THEREOF,RIVERFRONT ESTATES UNIT NO. 2,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 19,
PAGE 31,PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA.
PARCEL 2:
THE EASTERLY 100 FEET OF LOT 3,RIVERFRONT ESTATES UNIT NO.2,ACCORDING
TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 19. PAGE 31, PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA.
PARCEL 3:
A PORTION OF LOT 2,RIVERFRONT ESTATES UNIT NO. 2,ACCORDING TO THE MAP
OR PLAT THEREOF AS RECORDED IN PLAT BOOK 19.PAGE 31,PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2, SAID POINT
LYING ON THE EASTERLY RIGHT OF WAY LINE OF US HIGHWAY NO. 1, ALSO
KNOWN AS SOUTH RIDGEWOOD AVENUE(HAVING A RIGHT OF WAY WIDTH OF 175
FEET AS SHOWN ON FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY
MAP, SECTION 79014112) 275, WITH A LAST REVISION DATE OF JANUARY 7, 1997),
THENCE NORTH 22059'10" WEST, ALONG SAID EASTERLY RIGHT OF WAY LINE, A
DISTANCE OF 82.01 FEET; THENCE DEPARTING SAID EASTERLY RIGHT OF WAY
LINE, NORTH 6802'26" EAST, A DISTANCE OF 300.28 FEET TO THE EAST LINE OF
SAID LOT 2;THENCE SOUTH 22058'58" EAST,ALONG THE EAST LINE OF SAID LOT 2,
A DISTANCE OF 85.89 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE
SOUTH 68046'45" WEST, ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF
300.37 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FLORIDA
DEPARTMENT OF TRANSPORTATION DRAINAGE EASEMENT PER CIRCUIT COURT
MINUTE BOOK 50,PAGE 238 AND CIRCUIT COURT MINUTE BOOK 74, PAGE 216.
TOGETHER WITH
A PORTION OF LOT 28,ALL OF LOTS 31,32,A PORTION OF LOTS 35 AND 36,THE PLAT
OF RIVERFRONT ESTATES UNIT NO.2,AS RECORDED IN MAP BOOK 19,PAGE 31,OF
THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA AND A PORTION OF THE
SOUTH 100 FEET OF LOT 6, THE PLAT OF RIVERFRONT ESTATES AS RECORDED IN
MAP BOOK 19, PAGE 18, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF LOT 6, PLAT OF RIVERFRONT
ESTATES, AS RECORDED IN MAP BOOK 19, PAGE 18, OF THE PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA; THENCE RUN N23°00'28"W ALONG THE WESTERLY
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LINE OF SAID LOT 6 ALSO BEING THE EASTERLY RIGHT OF WAY LINE OF U.S.
HIGHWAY NO. I (200' R/W) A DISTANCE OF 100.21 FEET; THENCE DEPART SAID
WESTERLY LINE N68036'30"E ALONG THE NORTHERLY LINE OF THE SOUTH 100
FEET OF SAID LOT 6, A DISTANCE OF 1550.98 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUE ALONG THE SAID NORTHERLY LINE N68036'30"E, A DISTANCE
OF 950.00 FEET TO THE MEAN HIGH WATER LINE OF THE INDIAN RIVER, THENCE
ALONG THE SAID MEAN HIGH WATER LINE S2801 1'26"E, 3.24 FEET; THENCE
S40006'51"E, 70.22 FEET; THENCE S45°3741"E, 66.70 FEET; THENCE S48°30'34"E, 50.57
FEET; THENCE S62°36'48"E, 28.25; THENCE S46054'54"E, 51.67 FEET; THENCE
S27034'56"E, 47.56 FEET; THENCE S35°08'42"E, 42.90 FEET; THENCE S15°49'21"E, 15.38
FEET; THENCE S31°23'17"E, 42.61 FEET; THENCE 23'23'41"E, 39.91 FEET TO THE
NORTHERLY LINE OF RIVER COLONY AS RECORDED IN MAP BOOK 55,PAGE 39, OF
THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; THENCE DEPART SAID
MEAN HIGH WATER LINE S69°10'20"W ALONG SAID NORTHERLY LINE A DISTANCE
OF 553.12 FEET TO THE WESTERLY LINE OF SAID RIVER COLONY; THENCE ALONG
SAID WESTERLY LINE S22058'23"E,A DISTANCE OF 320.04 FEET TO THE SOUTHERLY
LINE OF LOT 32,PLAT OF RIVERFRONT ESTATES UNIT NO.2,AS RECORDED IN MAP
BOOK 19,PAGE 31,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA,ALSO
BEING THE NORTHERLY RIGHT OF WAY LINE OF JONES FISH CAMP ROAD
(PLATTED THOMAS STREET) (60' R/W); THENCE ALONG THE SOUTHERLY LINE OF
SAID LOTS 32, 31 AND 28 AND THE SAID NORTHERLY RIGHT OF WAY LINE
S69°37'39"W, 528.61 FEET;THENCE DEPART SAID NORTHERLY RIGHT OF WAY LINE
N29°04'41"W, 48.78 FEET; THENCE N17°57'04"W, 116.71 FEET; THENCE NI5°36'53"W,
170.49 FEET;THENCE N18°30'32"W, 175.51 FEET;THENCE N17°59'27"W,221.51 FEET TO
THE POINT OF BEGINNING.
TOGETHER WITH
LOTS 1,2,3,4,5,6,7,8,9,AND 10 AND TRACTS A,B,AND C, RIVER COLONY,AS RECORDED
IN MAP BOOK 55,PAGE 55, PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA.
TOGETHER WITH
TRACT D,RIVER COLONY,AS RECORDED IN MAP BOOK 55,PAGE 55,PUBLIC RECORDS OF
VOLUSIA COUNTY, FLORIDA.
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