2007-O-190e/19/zoos 02:29 rx
C "1 Instrument# 2WI01408 i I
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ORDINANCE NO.2007-0-19
AN ORDINANCE REZONING APPROXIMATELY 136f
ACRES OF LAND LOCATED ALONG AIR PARK ROAD,
SKYWAY DRIVE AND PARK AVENUE, EDGEWATER,
FLORIDA; FROM COUNTY I4 (LIGHT INDUSTRIAL), RC
(RESOURCE CORRIDOR), I-1 LIGHT INDUSTRIAL), A-2
(RURAL AGRICULTURE) AND A-3 (TRANSITIONAL
AGRICULTURE) TO CITY I-1 (LIGHT INDUSTRIAL);
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:
The City of Edgewater, agent/applicant on behalf of Massey Enterprises, RJ
Dougherty Associates Inc, Renzulli Properties LLC, City of Edgewater, Robert Em and Jacqueline
Pray, Skyway Drive Industrial Park, Air Park Condo Association, Red Carpet Helicopters Inc, Dust
Devil Enterprises LLC, William and Sue Perry, Aem Park Condo Association, DL Clark Corporation
and Patricia Johnson and David Heybum., owners of property along Air Park Road, Skyway Drive,
and Park Avenue, Edgewater, Florida. Subject property contains approximately 136 acres more or
less.
2. The owner/applicant has submitted an application for a change in zoning
classification from County I-4 (Light Industrial), RC (Resource Corridor), 1-1 (Light Industrial), A-2
(Rural Transitional) and A-3 (Transitional Agriculture) to City 1-1 (Light Industrial) for the property
described herein.
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3. On November 8, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On Octoberl 8,2007, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Daytona Beach
News Journal on October 5, 2007.
5. On November 5, 2007, the City Council held apublic hearing on the application after
publishing notice of such hearing in the Daytona Beach News Journal on October 25, 2007, 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 properly.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
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12. The City Council finds that the requested rezoning does not affect a large portion of
the public, but rather has impact on a limited number of persons or property owners.
13. The City Council finds that the requested rezoning is a decision contingent on a fact
or facts arrived at from distinct alternatives and that the requested rezoning decision can be
functionally viewed as policy application, rather than policy setting.
14. The City Council finds the consideration of this rezoning to be a quasi-judicial act
rather than a legislative act of the City Council.
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 forthe following described property is hereby changed from County
14 (Light Industrial), RC (Resource Corridor), I-1 (Light Industrial), A-2 (Rural Transitional) and
A-3 (Transitional Agriculture) to City I-1 (Light Industrial).
The following described real properly all lying and being in the County of Volusia
and State of Florida.
Parcel 1
A Parcel Of Land Being A Part Of The Land Described In Item No 12 As Recorded
In Official Records Book 2300, Page 1740 Of The Public Records Of Volusia
County, Florida As Follows:
Lots 33, 34, 35, 41, 42, 43, 49, 50, 51, 58, 59, 60, 67, 74 And That Portion Of Lot 81
Lying Easterly Of Mission Road, And Lots 75 And 82 Excepting The Part Lying
Southerly Of A Line If Drawn Through Said Lots As A Continuation Of The
Northerly Line Of Lot 138 And Excepting That Part Of Said Lot 82 Lying Westerly
Of Mission Road; And That Portion Of Lot 134 Lying Easterly Of Mission Road
Excepting The Northerly 628.48 Feet; And That Portion Of Lots 135, And 136 Lying
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Westerly Of Myrtle Ave (Airpark Road) Assessor's Subdivision Of Betts Grand Per
Map Book 3, Page 153 Of The Public Records Of The County Of Volusia, State Of
Florida.
Less And Except From All Of The Above:
All That Part Of The Above Described Parcel Of Land Lying East Of A Line 654.00
Feet West Of And Parallel With The East Right Of Way Line Of Myrtle Avenue (Air
Park Road).
Parcel 2
That Part Of Lots 6, 8 And 14 As Shown On Map Of The South Third Of The
Ambrose Hull Grant As Recorded In Map Book 5, Page 54 Of The Public Records
Of Volusia County, Florida, Lying East Of Mission Road And South Of Park
Avenue, Less The Fast 220.00 Feet Of The South 550.00 Feet Thereof And Less The
East 1023.00 Feet Lying North Of The South 550 Feet Thereof.
Parcel 3:
That Part Of Lot 138 As Shown On The Assessor's Subdivision Of Samuel Betts
Grant As Recorded In Map Book 3, Page 153 Of The Public Recorded Of Volusia
County, Florida Lying East Of The East Right Of Way Line Of Air Park Drive.
Parcel 4:
That Part Of Government Lots 3 And 4, Section 31, Township 17 South, Range 34
East, Together With Those Portions Of Lots 17 Through 21,135 And 136 As Shown
On The Map Of Assessor's Subdivision Of Samuel Betts Grant As Recorded In Map
Book 3, Page 153 Lying West Of The East Right Of Way Line Of Air Park Road,
South Of The South Right Of Way Line Of Park Avenue And West Of The West
Line Of The 200 Foot Wide Landing Strip Parcel (The First Parcel) Described In
Official Records Book 4402, Page 2031 All Being Of The Public Records Of Volusia
County, Florida.
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Parcel 5:
That Part Of Government Lots 3 And 4, Section 31, And Government Lot 4, Section
32, Township 17 South, Range 34 East, Volusia County, Florida, Lying North Of The
North Right Of Way Line Of Park Avenue, East Of The East Right Of Way Line Of
Airpark Drive And South Of The South Right Of Way Line Of The Florida East
Coast Railway (Edgewater Cutoff) Right Of Way.
Parcel 6:
The East 220.00 Feet Of The South 550.00 Feet And The East 1023.00 Feet Lying
North Of The South 550 Feet Of That Part Of Lot 14 As Shown On The Map Of The
South Third Of The Ambrose Hull Grant As Recorded In Map Book 5, Page 54 Of
The Public Records Of Volusia County, Florida Lying South Of The South Right Of
Way Line Of Park Avenue.
Together with
That Part Of Government Lot 4, Section 1, Township 17 South, Range 34 East,
Volusia County Florida Lying South Of The South Right Of Way Line Of Park
Avenue And West Of The West Right Of Way Line Of Airpark Road.
Parcel 7:
That Part Of Lots 33, 34, 35,135, And 146 And Lots 200 Through 221 As Shown
On The Map Of Assessor's Subdivision Of Samuel Betts Grant As Recorded In Map
Book 3, Page 153 Of The Public Records Of Volusia County, Florida Lying West Of
The West Right Of Way Line Of Airpark Road And East Of A Line 654.00 Feet
West Of And Parallel With The East Right Of Way Line Of Said Airpark Road.
Parcel 8:
That Part Of Government Lot 4, Section31, Township 17 South, Range 34 East,
Volusia County Florida, Together With That Part Of The Ambrose Hull Grant
(Section 53, Township 17, South, Range 34 East, Volusia County, Florida) Lying
South Of The South Right Of Way Line Of The Florida East Coast Railway
(Edgewater Cutoff) Right Of Way, North Of The North Right Of Way Line Of Park
Avenue And West Of The West Right Of Way Line Of Airpark Road.
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Parcel RW-1
That Part Of The Right Of Way Of Airpark Road Bounded On The North By The
South Right Of Way Line Of Park Avenue And Bounded On The South By The
North Line Of Lot 138 As Shown On The Map OfAssessor's Subdivision Of Samuel
Betts Grant As Recorded In Map Book 3, Page 153 Of The Public Records Of
Volusia County, Florida.
Parcel RW-2:
That Part Of The Right Of Way Of Airpark Road Bounded On The North By The
South Right Of Way Line Of The Florida East Coast Railway Right Of Way
(Edgewater Cutoff) And Bounded On The South By The North Right Of Way Line
Of Park Avenue.
Parcel RW-3
That Part Of The Right Of Way Park Avenue Bounded On The East By The West
Line Of The G. Alvarez Grant (Section 52, Township 17 S., Range 34 E.) And
Bounded On The West By The West Line Of Section 31, Township 17 S., Range 34
E., Volusia County, Florida.
Parcel RW4
That Part Of The Right Of Way Park Avenue Bounded On The East By The West
Line Of Section 31, Township 17 S., Range 34 E., Volusia County, Florida And
Bounded On The West By A Line Drawn Southerly And Perpendicular To The South
Right Of Way Line Of The Florida East Coast Railway Right Of Way From The
Most Westerly Comer Of The Parcel Of Land Described In Official Records Book
1763, Page 1645 Of The Public Records Of Volusia County, Florida.
Containing 136± 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.
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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 by a court of competent jurisdiction, 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 by a court of competent jurisdiction,
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.
PART G. ADOPTION.
After Motion to approve by Councilwoman Rogers and Second Councilwoman Rhodes,
the vote on the first reading of this ordinance held on October 18, 2007, was as follows:
AYE NAY
Mayor Mike Thomas
X
Councilwoman Debra J. Rogers
X
Councilman Dennis Vincenzi
X
Councilwoman Harriet B. Rhodes
X
Councilwoman Judy Lichter
X
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Lichter
After Motion to approve by Councilwoman and Second bycouncilwoman Rhodes
the vote on the second reading/public hearing of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Debra J. Rogers x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASS,§ED AND DULY ADOPTED this 5^ day of November, 2007.
CITY COUNCIL OF THE
' •� +�' CITY OFj DGEWAT)Fiit. FL',DRIDA
For the use and reliance 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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2007-0-19
8
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5° day of
November, 2007 under Agenda Item No. 7g