2018-O-12 - 2420 and 2424 Taylor Road CPA ORDINANCE NO. 2018-0-12
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM COUNTY RURAL TO CITY
LOW DENSITY TRANSITION WITH
CONSERVATION OVERLAY FOR 9.81± ACRES OF
CERTAIN REAL PROPERTY LOCATED 2420 TAYLOR
ROAD AND 2424 TAYLOR ROAD, EDGEWATER, FLORIDA;
PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF
CONSISTENCY; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Joshua C. Wells, on behalf of property owners Ronal and Margaret
Hartwell, has applied for an amendment to the Comprehensive Plan Future Land Use Map to
include property located at 2420 Taylor Road and 2424 Taylor Road within Volusia County,
Florida as Low Density Transition with Conservation Overlay. Subject property contains
approximately 9.81± 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. (2016), on Wednesday, June 20,
2018, and by a vote of 6-0, 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:
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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 Low Density Transition with
Conservation Overlay (9.81= acres).
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Council to consider adoption of
this ordinance on August 6, 2018 at 6:30 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. (2016).
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hereby superseded by this ordinance to the extent of such conflict.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,
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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.
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 Power with Second by Councilman Blazi, the
vote on the first reading of this ordinance held on July 16, 2018, was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve by (20...>—)04. 1 f'c-Nnn , Second by,
the vote on the second reading/public hearing of
this ordinance held on August 6, 2018 was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power �►
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy �+
PASSED AND DULY ADOPTED this 6th day of August, 2018.
ATTEST: COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
By: ( 2i_f- ie=1C 4
1C/CidC4441
,del U
Robin L. Matusick Mike Ignasia
City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the
Edgewater, Florida. Approved as to form and City of Edgewater at a meeting held on
legality by: Aaron R. Wolfe, Esquire this day 6th of August, 2018 under
City Attorney Agenda Item No. 8
Doran, Sims, Wolfe & Ciocchetti
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EXHIBIT "A"
LEGAL DESCRIPTION
2420 Taylor Road
A part of Lot 12, Plat of Assessor's Subdivision of the Chilton Homestead as shown on map in
Map Book 3, page 54 of the Public Records of Volusia County, Florida, being more particularly
described as follows: Commence at the Southeast corner of Lot 12, aforementioned; thence N 01
degrees 50' 10" W along the East line said Lot 12 for a distance of 263.03 feet for the Point of
Beginning; thence S 89 degrees 46' 28" W, a distance of 200 feet; thence N 1 degree50' 10" W a
distance of 200 feet; thence N 89 degrees 46' 28" E distance of 200 feet to the said Easterly line
of Lot 12; thence S 1 degree 50' 10" E along said Easterly line of Lot 12, 200 feet to the Point of
Beginning. TOGETHER with the right to use a 25 foot easement lying Westerly of the above
described property and being more particularly described as follows: A part of Lot 12, Plat of
Assessors Subdivision of the Chilton Homestead as shown on map in Map Book 3, page 54, of
the Public Records of Volusia County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Lot 12, aforementioned; thence N 01 degrees 50' 10" W
along the East line said Lot 12 for a distance of 263.03 feet thence S 89 degrees 46' 28" W a
distance of 200 feet for the Point of Beginning; thence N 1 degree 50' 10" W,a distance of 435.6
feet to the Southerly line of Taylor Road a 50 foot R/W as now laid out; thence S 89 degrees 46'
28" W along said R/W line a distance of 25 feet; thence S 1 degree 50' 10" E a distance of 435.6
feet thence N 89 degrees 46'28" E a distance of 25 feet to the Point of Beginning.
AND
2424 Taylor Road
Lots 12 and 15, Plat of the Assessor's Subdivision of the Chilton Homestead as shown on map in
Map Book 3, Page 54 of the Public Records of Volusia County, Florida lying Westerly of the
Florida East Coast Railroad (Okeechobee Branch), except that part of Lot 12 comprising 2 acres
lying South of Taylor Road and being more particularly described as follows: Commence at the
Southeast comer of Lot 12 aforementioned, thence North 01 degrees 50 minutes 12 seconds
West along the East line said Lot 12 a distance of 263.03 feet for the Point of Beginning; thence
leaving said last mentioned line South 89 degrees 46 minutes 23 seconds West for a distance of
200 feet; thence North 01 degrees 50 minutes 10 seconds West and parallel to the East line of
said Lot 12 for a distance of 435.6 feet to the South line of Taylor Road a 50 foot Right-of-Way
as now laid; thence North 89 degrees 46 minutes 28 seconds East along the south line of Taylor
Road for a distance of 200 feet to the intersection with the East line of Lot 12 aforementioned;
thence along the East line of Lot 12 South 01 degrees 50 minutes 12 seconds East for a distance
of 435.6 feet to the Point of Beginning. Also excepting that part of Lot 12 in and Northwesterly
of Taylor Road (County Road) a 50 foot Right-of-Way as now laid out as measured 25 feet at
right angles from centerline of the existing pavement.
The above parcel being described as follows: A portion of Lots 12 and 15, Plat of the Assessor's
Subdivision of the Chilton Homestead as shown on Map Book 3, Page 54 of the Public Records
of Volusia County, Florida, being more particularly described as follows:
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Beginning at the monumented Northwest corner of said Lot 15; thence North 87 degrees 52
minutes 35 seconds East along the North line of said Lot 15, a distance of 762.66 feet to the
Westerly right-of-way of the Florida East Coast Railway (Okeechobee Branch), a 100 foot
Right-of-Way now abandoned per that certain deed recorded in Official Records Book 1757,
Page 1701 of the Public Records of Volusia County, Florida; thence South 15 degrees 41 minute
13 seconds West along said Westerly right-of-way, a distance of 217.54 feet to the South line of
said Lot 15; thence South 87 degrees 52 minutes 35 seconds West a distance of 1104.52 feet;
thence North 02 degrees 13 minutes 03 seconds West a distance of 70.00 feet; thence South 87
degrees 52 minutes 35 seconds West a distance of 100 feet to the southwest corner of said Lot
12; thence North 02 degrees 13 minutes 03 seconds West along the West line of Lot 12, a
distance of 204.69 feet to the Southerly right-of-way of Taylor Road, an existing county
maintained Road having a 50 foot right-of way as now laid out; thence Northeasterly along a
curve, said curve being concave to the left, having a central angle of 36 degrees 16 minutes 47
seconds, a radius of 490 feet and an arc length of 310.27 feet; thence North 15 degrees 40
minutes 49 seconds East a distance of 96.00 feet to the PC of a curve, said curve being concave
to the right, having a central angle of 74 degrees 23 minutes 09 seconds, a radius of 150.00 feet
and an arc length of 194.74 feet; thence North 89 degrees 47 minutes 03 seconds East a distance
of 29.09 feet; thence South 01 degrees 53 minutes 10 seconds East a distance of 435.12 feet;
thence North 89 degrees 47 minutes 56 seconds East a distance of 199.73 feet to the East line of
said Lot 12; thence South Oldegrees50minutesl2 seconds East a distance of 55.06 feet to the
Point of Beginning.
Subject to a 25 foot easement described as follows:
Commence at the monumented Northwest comer of Lot 15; thence North 01 degrees 50 minutes
12 seconds West a distance of 54.03 feet;thence south 89 degrees-46 minutes 28 seconds West a
distance of 200.00 feet for the Point of Beginning; thence continue South 89 degrees 46 minutes
28 seconds West a distance of 25 feet; thence North 01 degrees so minutes 12 seconds West a
distance of 435.60 feet to the Southerly right-of-way of Taylor Road;thence North 89 degrees 46
minutes 28 seconds East along said Southerly right-of-way a distance of 25 feet; thence South 01
degrees 50 minutes 12 seconds East a distance of 435.60 feet to the Point of Beginning.
Containing 9.81±acres more or less and being in Volusia County,Florida
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EXHIBIT "B"
O O
Taylor Rd
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