2021-O-50 - 200 Falcon Ave RZ 4/7/2022 12:19:30 PM Instrument#2022081979#1 Book:8233 Page:3845
ORDINANCE NO.2021-0-50
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM B-3 (HIGHWAY
COMMERCIAL) TO R-3 (SINGLE FAMILY
RESIDENTIAL) FOR .25± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 200 FALCON AVENUE
(PARCEL IDENTIFICATION NUMBER 840239000132),
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. Carl Carder is the applicant on behalf of James C. Carder Trust, owners of property
located at 200 Falcon Avenue, within Volusia County, Florida. Subject property contains
approximately.25f acres.
2. The owners have submitted an application for a change in zoning classification
from B-3 (Highway Commercial) to R-3 (Single Family Residential) for the property
described herein.
3. On Wednesday, February 9, 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.
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Instrument#2022081979#2 Book:8233 Page:3846
7. The proposed change in zoning classification will not have an adverse effect on
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 B-3 (Highway Commercial) to R-3
(Single Family Residential),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
circumstance.
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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 Councilman Powers and Second by Councilwoman O'Keefe, the
vote on first reading of this ordinance which was held on March 7, 2022, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
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After Motion to approve by 00c1YCmrvC\90 ,
Second by, na D_ti ;b-nn-n 0 1 p the vote on the second
reading/public hearing of this ordinance held on ''4 , 2022, was as follows:
AYE NAY
Mayor Mike Thomas L.X sL�
Councilwoman Christine Power X
Councilwoman Gigi Bennington x
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
PASSED AND DULY ADOPTED this day of 12022.
ATTEST: COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
d a v� ►l
By.
Bonnie Zlotnik,~ C
City Clerk Vi HQ-,lor
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 thp City of Edgewater at a
meeting held on this ' may of 2022
under Agenda Item No 8 Q
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EXHIBIT"A"
LEGAL DESCRIPTION
A part of Lots 14and 15,Highway Subdivision, U. S. Lot 5, Section 2,
Township 18 South Range 34 East, according to the plat thereof and
recorded in Public Records of Volusia County, Florida and more
particularly described as follows: Commence at the Southwest comer of U.S.
Lot 5,Section 2,Township 18 South Range 34 East,said point also being the
Southwest comer of Lot 15,Highway Subdivision, Map Book 8,page 222,
Public Records of Volusia County, Florida;thence N 00°29'20"E,along the
Westerly line of said Lots 14and 15,Highway Subdivision a distance of
18.02 feet to the Point of Beginning;thence continue along said Westerly line
a distance of 90.00 feet to the Southerly line of Mariners Gate Court,a 50 foot
right of way as now laid out,as recorded in Map Book 50,pages 99 and 100,of
the Public Records of Volusia County, Florida; thence N 90° 00' 00" E,
82.73 feet (Plat), N 890 58' 26" E, 82.77 feet (as measured) to a point said
point being the P.C.of a curve concave to the Southwest;having a Delta angle
of 109" 28' 16"(Plat) 109° 30' 19'(as measured), a radius of 25 feet and
having a chord bearing of S 35° 15' 52" E (Plat), S 35° 16' 17' E (as
measured); thence Southeasterly along said curve, a distance of 47.77 feet,
to a point on the Westerly right of way of Falcon Ave. as shown on Pelican
Cove West Subdivision Phase 1, Map Book 38 Pages 172 and 173 of the
Public Records of Volusia County, Florida, said point being the P. R.C.of a
non-tangent curve concave to the East,having a Delta angle of 19'06'28",a
radius of 25 feet and having a chord bearing of S 09° 59' 34" W (as
measured), S 09° 55' 30" W ( as calculated), thence Southerly along the
Westerly right of way line of said Falcon Ave. and said curve a distance of a
distance of 41.69 feet,to said curves Point of Tangency;thence S 00° 00' 00"
E(calculated) S 001 08' 38" W ( as measured) along said Westerly right of
way line of said Falcon Ave., a distance of 15.83 feet; thence leaving said
Westerly right of way line, S 90° 00' 00" E, a distance of 99.89 feet (as
measured), 100.00 to the Point of Beginning.
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2021-0-50
Instrument#2022081979#6 Book:8233 Page:3850 Laura E. Roth,Volusia County Clerk of Court
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