2006-O-1705/13/2M 02:01 PM
C O Instruwntf 2M-097440 i 1
Book: 6230
Page: 2196
ORDINANCE NO.2006-0-17
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY B-3 (HIGHWAY
COMMERCIAL) TO CITY R-4 (MULTI -FAMILY
RESIDENTIAL) FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF FALCON AVENUE AND
MARINERS GATE COURT, EDGEWATER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FORAN EFFECTIVE DATE, RECORDING AND
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
James C. And Rosemary Carder, owners/applicants of property located at the
Southwest corner of Falcon Avenue and Mariners Gate Court, Edgewater, Florida. Subject property
contains approximately 0.24 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from City B-3 (Highway Commercial) to City R-4 (Multi -Family Residential) for the
property described herein.
3. On April 12, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 7 - 0, the Board
recommended that City Council consider approval of the request.
4. On May 15, 2006, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
May 5, 2006.
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2006-0-17 1
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S. On June 19, 2006, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on June 8, 2006, and notifying by mail all property
owners who own real property directly affected by the proposed action and all property owners who
own real property within 300 feet of the subject property.
6. On June 19, 2006, first reading was continued indefinitely. In March 2008, the
applicant requested this matter be brought back for consideration of City Council. After publishing
notice of such hearing in the Daytona News-Joumal on April 10, 2008 (for the April 21, 2008 City
Council meeting) and on April 24, 2008 (for the May 5, 2008 City Council meeting), and notifying
by mail all property owners who own real property directly affected by the proposed action and all
property owners who own real property within 300 feet of the subject property.
7. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
8. The proposed change in zoning classification is not contrary to the established land
use pattern.
9. The proposed change in zoning classification will not adversely impact public
facilities.
10. Changed or changing conditions make the proposed amendment necessary.
11. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
12. The proposed change will not have a negative effect on the character of the
surrounding area.
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20060-17 2
Instrument# M-097440 13
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Page: 2198
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edgewater, Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from City
B-3 (Highway Commercial) to City R-4 (Multi -Family Residential).
The following described real property all lying and being in the County of Volusia
and State of Florida
A part of Lots 14 and 15, Highway Subdivision, U.S. Lot 5, Section 2, Township 18
South, Range 34 East, according to the plat thereof and recorded in the 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 14 and 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, Page(s)
99 and 100, of the Public Records of Volusia County, Florida; thence N 90e00'00"
E, 82.73 feet (Plat), N 89058126" 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), 109030' 18" (as measured), a radius of 25 feet and having a chord
bearing of S 35°15'52" E (Plat), S 35016117" 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 Avenue as shown on Pelican Cove West Subdivision Phase 1, Map Book 38,
Page(s) 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
1900628", a radius of 125 feet and having a chord bearing of S 09e59'34" W (as
measured), S 09055'30" W (as calculated), thence Southerly along the Westerly right-
of-way line of said Falcon Avenue and said curve a distance of a distance of 41.69
feet, to said curves Point of Tangency; thence S 00000'00" E (calculated) S 0000818"
W (as measured) along said Westerly right-of-way line of said Falcon Avenue a
distance of 15.83 feet; thence leaving said Westerly right-of-way line, S 90000'00"
E, a distance of 99.89 feet to the Point of Beginning.
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2006-0-17
Instrumt# 200g-097440 f 4
^ O Book: 6230
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Containing 0.24 ± acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
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.
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.
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zoo6-an
Jrstn.ads ewe-097440 # s
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PART G. ADOPTION.
On May 15, 2006 a motion to continue first reading until June 19, 2006 was made by
Councilwoman Rogers and Second by Councilwoman Rhodes, motion carried 4-0 (Councilman
Vincenzi was absent).
On June 19, 2006 amotionto continue first reading indefinitely was made by Councilwoman
Lichter and Second by Councilwoman Rogers, motion carried 4-0 (Councilwoman Rhodes was
absent).
After Motion by Councilwoman Rhodes and Second by Councilwoman Bennington, the vote
on the first reading of this ordinance held on April 21, 2008 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra Jean Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
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2006-0-17 5
N
Instnstnti 2006-097440 R 6
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MotionAfter r 1.. la)J 1.i#.and Second bya l ILLeJ s l�r,
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
✓
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
✓
Councilwoman Harriet B. Rhodes
J
Councilman Ted Cooper
✓
PASSED AND DULY ADOPTED this 5' day of May, 2008.
ATTEST:
�A OIVJIP L
Bonnie A. Wenzel
ice only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
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2006-0-17
CITY COUNCIL OF THE
CITY OF EDGEWAT FLAir
Mike Thomas
Mayor
n C
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5th day of
May, 2008 under Agenda Item No. 7A_.
PA
. .
ORDINANCE NO. 2006-0-17
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICA TION FROM CITY B-3 (HIGHWAY
COMMERCIAL) TO CITY R-4 (MULTI-FAMILY
RESIDENTIAL) FOR PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF FALCON AVENUE AND
MARINERS GATE COURT, EDGEWATER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEW A TER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FORAN EFFECTIVE DATE, RECORDING AND
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. James C. And Rosemary Carder, owners/applicants of property located at the
Southwest corner of Falcon A venue and Mariners Gate Court, Edgewater, Florida. Subject property
contains approximately 0.24 acres more or less.
2. The owner/applicant has submitted an application for a change in zonmg
classification from City B-3 (Highway Commercial) to City R-4 (Multi-Family Residential) for the
property described herein.
3. On April 12, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 7 - 0, the Board
recommended that City Council consider approval of the request.
4. On May 15, 2006, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
May 5, 2006.
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2006-0-17
-~
be 100% and they will be satisfied and receive a title
policy to that effect. Mr. McCaskill will be signing this
document as well as themselves once it is approved.
Mayor Thomas asked how much acreage it was. Mr. Mitchell
wasn't aware.
Councilman Vincenzi asked when the closing was. Mr.
Mitchell informed him if he could tell them when their
zoning would be approved he could tell him when the closing
would be. The closing will be after the second reading.
Assistant City Attorney Palmer stated his only comment on
the title report was that one of the parties that would be
signing the PUD agreement came up as an inactive
corporation with the Secretary of State so whoever is
singing the PUD agreement as owner of the property whether
it be prior to or after the closing should be an entity
that is in good standing with the State of Florida and the
City should receive a title report that reflects that. Mr.
Mitchell stated they would be glad to provide that and
could probably have it on his desk tomorrow morning.
Mayor Thomas stated the motion is to be continued until
July loth by Councilwoman Rogers. Councilwoman Rogers
stated yes.
Councilman Vincenzi seconded the motion.
The MOTION CARRIED 3-1. Counci~woman Lichter voted NO.
There was a ten-minute recess at this time. The meeting
recessed at 8:30 p.m. and reconvened at 8:40 p.m.
B. 1st Reading, Ord. No. 2006-0-17, James C. and
Rosemary Carder requesting an amendment to the
Official Zoning Map to include .24~ acres of land
located along the southwest corner of Falcon
Avenue and Mariners Gate Court as R-4 (Multi-
Family Residential), continued from 5/15/06, Item
6C
Assistant City Attorney Palmer read Ord. 2006-0-17 into the
record. He believed the applicant had requested that this
be continued again.
Page 19 of33
Council Regular Meeting
June 19,2006
-
~
Interim City Manager Williams made a staff presentation and
explained the applicant has requested another continuance
due to ongoing discussion regarding the parking lot at the
Pelican Cove West Clubhouse until a mutual agreement can be
established between the applicant and the Pelican Cove West
Homeowners Association.
Assistant City Attorney Palmer stated they reviewed the
documents and provided a report to staff, which was not
included in the agenda packet. He has talked to Interim
City Manager Williams and they will make sure it is
included in the next agenda packet if Council decides to
continue it from today.
Mayor Thomas entertained a motion.
Counci~woman Lichter moved to continue Ord. 2006-0-17,
second by Counci~woman Rogers.
The MOTION CARRIED 4 - 0 .
C. Res. No. 2006-R-04, modifying administrative fees
and schedule of costs/fees relating to Code of
Ordinances, Chapter 21 (Land Development Code)
and other administrative fees/costs
Assistant City Attorney Palmer read Res. 2006-R-04 into the
record. He informed Council the title of the resolution
was different than what was included in the Council's
agenda packet. The copy of the updated resolution was
provided on the dais before the meeting and there has been
one omission from the resolution changing fees under
Chapter 11 of the Code of Ordinances which relates to
Occupational Licenses and after discussion with staff today
the reason for changing that is the fees for occupational
licenses under Florida State Law must be set by ordinance
and not resolution. This will be dealt with by ordinance
at a future meeting.
Interim City Manager Williams made a staff presentation.
Mayor Thomas asked what reference they are going from with
regard to the deletions and changes that have been made.
Interim City Manager Williams explained with increases
associated with the impact fees or development fees they
reference the engineering news and record which tries to
associate the cost of construction which is why they
Page 20 of 33
Council Regular Meeting
June 19,2006