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ORDINANCE NO.2007-0-03
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 9.97 ACRES LOCATED AT 2310 SOUTH
RIDGEWOOD AVENUE, EDGEWATER, FLORIDA, FROM
COUNTY B-9 (GENERAL OFFICE) AND R4 (URBAN
SINGLE-FAMILY RESIDENTIAL) TO CITY B-3 (HIGHWAY
COMMERCIAL); 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. Thomas Wenski, Bishop of the Diocese of Orlando, owner/applicant of property
located at 2310 South Ridgewood Avenue, within Volusia County, Florida. Subject property
contains approximately 9.97 ± acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from County B-9 (General Office) and R-4 (Urban Single Family Residential) to City
B-3 (Highway Commercial) for the property described herein.
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 January 22, 2007, 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
January 11, 2007.
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S. On April 9, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on March 29, 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 property.
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.
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
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rather than a legislative act of the City Council.
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 followingdescribed property is hereby changed from County
B-9 (General Office) and R-4 (Urban Single Family Residential) to City B-3 (Highway Commercial).
The following described real property all lying and being in the County of Volusia
and State of Florida.
The Northwest 1/4 of the Northwest 1/4, West of the State Road, EXCEPT the
Northerly 210 feet of the Easterly 210 feet thereof.
ALSO EXCEPT the 9.785 acres in the South portion described as follows: Beginning
at an iron pin on the Southeast comer of the Northwest 1/4 of the Northeast 1/4 and
running West, a distance of 1320 feet to a comer; thence North, a distance of 83.0
feet to a comer; thence Northeasterly, a distance of 1145.7 feet to a comer on the
Westerly side of the State Road; thence Southeasterly along the State Road, a
distance of 618.4 feet to a corner; thence South a distance of 24.3 feet to a Point of
Beginning. All of the above being located in Section 2, Township 18 South, Range
34 East, Volusia County, Florida.
ALSO EXCEPT: Commence at the intersection of the North line of said Section 2
and the Westerly line of said U.S. Highway No. 1; thence Westerly along the
Northerly line of said Section 2, a distance of 210 feet for the Point of Beginning;
thence South 26041'41" East and parallel to said Westerly line of U.S. Highway No.
1, a distance of 210 feet; thence Easterly and parallel to the North line of said Section
2, a distance of 210 feet to the said Westerly line of U.S. Highway No. 1; thence
South 64012'19" West, a distance of 704.40 feet; thence South 26041141" East and
parallel to the said U.S. Highway No. 1, a distance of 618.4 feet to the Northerly line
of SILVER RIDGE SUBDIVISIONS UNITS 1 AND 2, and recorded in Map Book
25, Page 87 and Map Book 27, Page 50, respectively; thence South 64012' 19" West
along the Northerly line of Silver Ridge Subdivision, a distance of 441.30 feet to the
Westerly line of the Northwest 1/4 of the Northeast 1/4, said Section 2; thence
Northerly along the said Westerly line, a distance of 1237 feet more or less to the said
North line of Section 2; thence Easterly along the said North line a distance of 465.9
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feet to the Point of Beginning.
Re -described as follows:
A portion ofthe Northwest 1/4 of the Northeast 1/4 of Section 2, Township 18 South,
Range 34 East, V olusia County, Florida, lying westerly of U.S. Highway No. 1, being
described as follows:
For a Point of Beginning, commence at the Southeasterly comer of Pelican Cove
West Subdivision - Phase I, as recorded in Map Book 38, Pages 172 and 173 of the
Public Records of Volusia County, Florida, said point being the Southeasterly comer
of Lot 13, Block "C" of said Pelican Cove West Subdivision - Phase I; thence North
26041'l1" West, along the Easterly line of said Pelican Cove West Subdivision -
Phase I, a distance of 615.29 feet; thence North 64012'49" East, a distance of 704.40
feet to a 4" x 4" concrete monument with an iron rod representing a point on the
Westerly rightofway ofU.S. Highway No. l;thence South26050'36" East, alongthe
Westerly right of way of U.S. Highway No. 1 as monumented and by general
acceptance, a distance of 616.32 feet to the Easterly prolongation of the Northerly
line of Silver Ridge Subdivision - Unit No. 1, as recorded in Map Book 25, Page 87
of the Public Records of Volusia County, Florida; thence South 64°17'40" West,
along said Easterly prolongation and along said Northerly line of Silver Ridge
Subdivision - Unit No. 1, a distance of 706.10 feet to the Point of Beginning.
Containing 9.97 ± acres more or less.
Map of subject property is reflected on Exbibit "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.
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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 competentjurisdiction, such holding shall not affect the remaining
portions of this ordinance. Ifthis 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 Rhodes and Second by Councilman V incenzi,
the vote on the first reading of this ordinance held on January 22, 2007 is as follows:
AYE NAY
Mayor Mike Thomas
X
Councilman Debra Jean Rogers
X
Councilman Dennis Vincenzi
X
Councilwoman Harriet B. Rhodes
X
Councilwoman Judy Lichter
X
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During the April 9, 2007 Council meeting a Motion was made to CONTINUE the second
reading/public hearing until May 7, 2007 by Councilman V incenzi with Second by Councilwoman
Lichter, Council approved 4-0 (Councilwoman Rhodes absent).
After Motion to approve by Crmncilwnman Rh„des and Second by
Councilwoman Ro ¢era , the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Debra J. Rogers %
Councilman Dennis Vincenzi x—
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
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PASSED AND DULY ADOPTED this 7th day of May, 2007.
/ATTEST:
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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2007-0-03
CITY COUNCIL OF
CITY OF EDGE(+('
Rabin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 7th day of
May, 2007 under Agenda Item No. 7 D .
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Diane M. Matc sek
Volusia County, Clerk of Court
Rik
OR