2019-O-32 - Hewitt S Ridgewood Avenue and Packwood CPA ORDINANCE NO.2019-0-32
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM COUNTY C O M M E R C I A L
AND URBAN LOW INTENSITY TO CITY
C O M M E RCI AL F OR 6.0± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
SOUTH RIDGEWOOD AVENUE AND PACKWOOD ROAD
EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC
HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Howard Hewitt, on behalf of the Sarah Jane Hewitt Revocable Trust,
property owner, has applied for an amendment to the Comprehensive Plan Future Land Use Map
to include property located at the southeast comer of South Ridgewood Avenue and Packwood
Road within Volusia County, Florida as Commercial. Subject property contains approximately
6.0±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,
December 11,2019,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 Commercial.
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Council to consider adoption of
this ordinance on February 3,2020 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. (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hereby superseded by this ordinance to the extent of such conflict.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 fmal order of noncompliance is issued by the Administration Commission,
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2019-0-32
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.
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 and second by Councilwoman O'Keefe,
the vote on the first reading of this ordinance on January 6,2020 was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
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2019-&32
After Motion to approve by WX)LL W W D M LU) Y t,)W UC , Second by,
t.puicilwornan D ' -U -t the vote on the second reading/public hearing of
this ordinance held on 2020,was as follows:
�A'Y_E" NAY
Mayor Mike Thomascw
Councilwoman Christine Power X
Councilwoman Kimberley Yaney )C
Councilwoman Megan O'Keefe
Councilman Gary T. Conroy X
PASSED AND DULY ADOPTED this P day of February, 2020.
ATTEST: COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
Ry:�ry r,V
Robin L.Matusick Conroy
City Clerk/Paralegal Vice-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 ofTdrR�-gewater at a meeting held on
legality by: Aaron R. Wolfe,Esquire this-Paayof rt't•.r{,2020 under
City Attorney Agenda Item No. g�. l
Doran, Sims,Wolfe,Ciocchetti&
Yoon
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2019-0-32
EXIUBIT"A"
LEGAL DESCRIPTION
A portion of the North 660 feet of the Jane Murray Grant in Sections 48 and 49, Township 18
South, Range 34 East, lying East of U. S. Highway No. 1, being more particularly described as
follows:
Commence at the Intersection of the North line of the said Jane Murray Grant and the East line
of U. S. Highway No. 1, a 158 foot right of way as now laid out; thence run South 220054'40"
East along said East line of U. S. Highway No. 1, a distance of 50.00 feet for the point of
beginning; thence North 68°059'20" East, a distance of 79.78 feet to the point of curvature of a
curve to the right having a radius of 275.00 feet and a central angle of 63007'28"; thence
Southerly along the are of said curve, a distance of 302.98 feet to the point of tangency of said
curve; thence South 42°06'47" West, a distance of 10.00 feet; thence South 47053'12" East, a
distance of 74.03 feet to the point of curvature of a curve to the left having a radius of 510.00
feet and a central angle of 26°25'24'; thence Southerly along the arc of said curve a distance of
235.20 feet to the point of tangency of said curve; thence South 74°18'36" East, a distance of
249.85 feet to the point of curvature of a curve to the left having a radius of 778.26 feet and a
central angle of 8°22'42'; thence Southerly along the arc of said curve, a distance of 113.80 feet
to the South line of the North 660 feet of the Jane Murray Grant; thence South 68059'20" West,
along the said South line of the North 660 feet of the Jane Murray Grant, a distance of 775. 71
feet to the East line of U. S. Highway No. 1; thence North 22054'40" West, along said East line
of U. S.Highway No. 1,a distance of 610.36 feet to the point of beginning.
Containing 6.0± acres more or less and being in Volusia County, Florida
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