2024-O-46 - RZ - Palm Breeze Drive - R-3 12/5/2024 3:38:30 PM Instrument#2024231457#1 Book:8639 Page:3743
ORDINANCE NO.2024-0-46
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM B-3 HIGHWAY COMMERCIAL
TO R-3 RESIDENTIAL FOR 0.72E ACRES OF CERTAIN
REAL PROPERTY GENERALLY LOCATED AT PALM
BREEZE DRIVE (PARCEL IDENTIFICATION NUMBERS
8402-00-00-0262, 8402-00-00-0261, AND 8402-00-00-0254),
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. Charles Martin, owner, of property generally located at Palm Breeze Drive (Tax
Parcel No.'s 8402-00-00-0262, 8402-00-00-0261, and 8402-00-00-0254) within Volusia
County,Florida. Subject property contains approximately 0.72t acres.
2. The owner has submitted an application for a change in zoning classification from
B-3 Highway Commercial to R-3 Residential for the property described herein.
3. On Wednesday,August 14,2024,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.
7. The proposed change in zoning classification will not have an adverse effect on the
t
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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 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.
PART E. RECORDING.
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Instrument#2024231457#3 Book:8639 Page:3745
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.
PASSED AND DULY ADOPTED this day ofi) Lo A 2024.
lTv `
Diezel DePew, Mayor
1`T Sg
Bonnie Zlotnik, , City Clerk
Passed on first reading on the q+h day of 2024
REVIEWED AND APPROVED:
Aaron R. Wolfe,City torney
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Instrument#2024231457#4 Book:8639 Page:3746
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL A: That portion of Government Lots 6 and 7, Section 2, Township 18 South,Range
34 East,Volusia County, Florida,being more particularly described as follows: Commence at
the intersection of the South line of said Government Lot 6,and the Easterly right of way line
of U.S.Highway No. 1; run thence South 89056'40" East along said South line of Government
Lot 6,a distance of 96.16 feet for the Point of Beginning;thence continue South 89°56'40"
East along said South line,a distance of 2.84 feet;run thence North 77°09'50"East, a distance
of 92.87 feet;run thence South 12°50'10"East,a distance of 105.8 feet;run thence South
79007' West, a distance of 95.7 feet; run thence North 12'50'10" West,a distance of 103.17
feet to the Point of Beginning. The above described property being also known as Lot 25,
PALM BREEZE,an unrecorded subdivision.
PARCEL B:That portion of Government Lot 7, Section 2,Township 18 South, Range 34 East,
Volusia County, Florida, being more particularly described as follows: Begin at the
intersection of the South line of Government Lot 6,said Section 2,Township La South,Range
34 East, and the Easterly right of way line of U.S. Highway No. 1; run thence'�outh 89°56'40"
East along the South line of said Government Lot 6,a distance of 96.16 feet;run thence South
12'50'10" East,a distance of 103.17 feet;run thence South 79*07' West, a distance of 63.66
feet to the said Easterly right of way line of U.S.Highway No. 1,run thence North 26°4-1'40" .
West along said Easterly right of way line of U.S. Highway No. 1,a distance of 126.18 feet to`
the Point of Beginning.The above described property being also known as Lot 26,PALM
BREEZE,an unrecorded subdivision.
PARCEL C: Commence at the intersection of the South line of U.S.Lot 6,Section 2,Township
18 South,Range 34 East, and the Easterly right of way line of U.S.Highway No. 1;thence
South 89°56'40" East,99.09 feet along said South line,thence North 77°09'50" East,92.87 feet
for the Point of Beginning;thence North 77009'50" East,92.65 feet;thence South 12°50'10"
East, 108.96 feet;thence South 79°07' West,92.7 feet;thence North 12°50'10" West, 105.8
feet to the Point of Beginning.
4
2024-0-46
Instrument#2024231457#5 Book:8639 Page:3747 Laura E. Roth,Volusia County Clerk of Court
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