2020-O-31 - 3850 S Ridgewood Ave CPAORDINANCE NO. 2020-0-31
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE COMPREHENSIVE
PLAN FUTURE LAND USE MAP FROM PUBLIC/SEMI-
PUBLIC WITH CONSERVATION OVERLAY TO
COMMERCIAL WITH CONSERVATION OVERLAY FOR
2.663-+ ACRES OF CERTAIN REAL PROPERTY LOCATED
AT 3850 SOUTH RIDGEWOOD AVENUE, EDGEWATER,
FLORIDA; PROVIDING FOR PUBLIC HEARINGS,
FINDINGS OF CONSISTENCY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Glenn Storch, on behalf of Alan Klein, property owner, has applied for an
amendment to the Comprehensive Plan Future Land Use Map to include property located at 3850
South Ridgewood Avenue, within Volusia County, Florida as Commercial with Conservation
Overlay. Subject property contains approximately 2.663± acres.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, held a Public Hearing pursuant to 163.3174, Florida Statutes, on Wednesday, October
21, 2020, and by a vote of 5-0 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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2020-431
PART A. AMENDMENT.
Ordinance No. 81-0-10, m 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 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 December 7, 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, Florida Statutes.
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hereby superseded by this ordinance to the extent of such conflict.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
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2020-0-31
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.
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 Yaney, with Second by Councilman
Conroy, the vote on the first reading of this ordinance held on November 4_2020, was ax
follows:
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yaney
Councilwoman Megan O'Keefe
Councilman Gary Conroy
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2020 -O -3I
AYE NAY
Ohl
n eol t.netl wn
arxm
After Motion to approve by Ohl P ill A me ISS t . Second by, O'ea4 the
vote on the second reading/public hearing of this ordinance held on December 7, 2020, was as
follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power,
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe_
Councilman Jonah Powers �c
PASSED AND DULY ADOPTED this 7's day of December, 2020.
ATTEST:
Bonnie Brown, CMC
City Clerk
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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 7a' day of December, 2020, under
City Attorney Agenda Item No. 8'e .
Doran, Sims, Wolfe & Yoon
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2020-0.31
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EXHIBIT "A"
LEGAL DESCRIPTION
A portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East, Volusia County Florida
and being more completey described as follows:
As a point of reference commence at the northwest corner of U.S. Lot 2, Section 13, Township
18 South, Range 34 East, thence N 689050'50" E along the north line of said Lot 2, a distance of
154.03 feet: thence S 28°02'31" E, a distance of 439.35 feet: thence S 14010'55"E, a distance of
387.51 feet for the Point of Beginning; thence N 83050'50" E, a distance of 505.89 feet: thence S
25006'23" E, a distance of 164.34 feet: thence S 57044'l 3"E, a distance of 178.28 feet to a point,
said point being 60 feet north of the south line of said U.S. Lot 2; thence S 87035'58" W and
parallel to the south line of U.S. Lot 2 a distance of 648.37 feet: thence N 22048'24" W, a
distance of 134.58 feet; thence N 14010'55" W, a distance of 95.89 feet to the Point of
Beginning. Containing 23.137 acres more or less.
Less and except a portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East, Volusia
County Florida and being a portioin of that property described as Parcel 11 in the deed recorded
in Official Records Book 5739 at Page 3352 of the Public Records of said Volusia County and
being more particularly described as follows:
Commencing at the northwest comer of Parcel 11, said point being the soutwest corner of Parcel
2, Edgewater Lakes Phase 1A, as recorded in Map Book 54, Pages 46 through 49 of said Public
Records, run N 83051'04" E, along said north line along the south line of Parcel 2, a distance of
410.73 feet to the Point of Beginning.
From the Point of Beginning, continue N 83051'03" E, a distance of 63.44 feet; thence, departing
said line and along a new line through said Parcel 11 S 25006'09" E, a distance of 142.53 feet to
the beginning of a curve to the right having a central angle of 22041'54" a radius of 160.00 feet
with a chord bearing of S 13045"12" E, and a chord lengh of 62.97 feet; thence southerly along
the arc of said curve a distance of 63.39 feet; thence S 02024'15" E, a distance of 57.73 feet to a
point on a line, 60.00 feet north of and parallel with the south line of said Parcel II: thence S
87034'45" W, along said parallel line, a distance of 60.00 feet; thence departing said south line N
0202411511 W, a distance of 57.73 feet to the beginning of a curve to the left having a central
angle of 22041'54", a radius of 100.00 feet with a chord bearing of N 13045"12" W, and a chord
distance of 39.36 feet: thence northerly along the arc of said curve a distance of 39.62 feet:
thence N 25006'09" W, a distance of 163.13 feet to the Point of Beginning.
Containing .21 acres more or less
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