2008-O-09
''',
07/24/2009 11:28 AM
Instrument# 2009-134788 # 1
Book: 6378
Page: 3150
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATEL Y 29.67 :t ACRES LOCATED EAST OF U.
S. HIGHWAY NO.1 AND NORTH OF GODFREY ROAD
(PARCEL ID #8448-00-00-0063), EDGEWATER, FLORIDA,
APPROXIMATELY 7.18 + ACRES WILL BE REZONED
FROM COUNTY R-3W (URBAN SINGLE FAMILY
RESIDENTIAL) TO CITY B-3 (HIGHWAY
COMMERCIAL) WITH AN ADDITIONAL 22.49 :t ACRES
BEING REZONED FROM COUNTY R-3W (URBAN
SINGLE FAMILY RESIDENTIAL) TO CITY R-l (SINGLE
FAMILY RESIDENTIAL); 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.
ORDINANCE NO. 2008-0-09
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. James C. Carder - Belmont Homes, owner/applicant of property located East of
U.S. Highway No. I and North of Godfrey Road, within Volusia County, Florida. Subject
property contains approximately 29.67 i: acres.
2. The owner/applicant has submitted an application for a change in zonmg
classification from County R-3W (Urban Single Family Residential) to City B-3 (Highway
Commercial) for approximately 7.18 i: acres and from County R-3W (Urban Single Family
Residential) to City R-l (Single Family Residential) for approximately 22.49 i: acres for the
property described herein.
3. On July 9, 2008, 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 September 8, 2008, the City Council considered on first reading/public
hearing the proposed change in the zoning classification after publication of such hearing in the
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2008-0-09
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Instrument. 2009-134788 # 2
Book: 6378
Page: 3151
Daytona News Journal on August 28,2008.
5. On September 22, 2008, the City Council held a public hearing on the application
after publishing notice of such hearing in the Daytona News Journal on September 11,2008, 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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2008-0-09
Instrument# 2009-134788 # 3
Book: 6378
Page: 3152
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 EDGEW ATER,
FLORIDA.
PARCEL #1 -
The zoning classification for the following described property (approximately 7.18 ::t
acres) is hereby changed from County R-3W (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 West 400 feet of the South 771.3 feet of the North 1731.3 feet of the Jane
Murray Grant, in Sections 48 and 49, Township 18 South, Range 34 East, lying
East of U.S. Highway No.1 and the West 400 feet of the North 10 feet, of
Waterway Park, Section No.1, according to the plat thereof recorded in Map
Book 19, Page 263, Public Records of Vol usia County, Florida and also described
as the Westerly 400 feet of the North 10 feet, of Waterway Park, Section 1, as
replatted in Map Book 19, Page 269, Public Records of Volusia County, Florida.
The said Westerly 400 feet of the North 10 feet, being a portion of land lying
immediately North of Godfrey Road a 50 foot right-of-way as now laid out, and a
portion of the Westerly 400.00 feet, of the Jane Murray Grant, in Sections 48 and
49, Township 18 South, Range 34 East, lying East of U.S. Highway No. I and
lying immediately North of the North line Waterway Park, Section No.1,
according to the plat thereof recorded in Map Book 19, Page 263, Public Records
of V olusia County, Florida and lying South of South line of the North 1731.3 feet
of said Jane Murray Grant all of the above being more particularly described as
follows:
Commence at an intersection of the Easterly right-of-way of U.S. Highway No. 1
with the Northerly line of the Jane Murray Grant aforesaid, thence S 22050'40" E,
960.32 feet along said Easterly right-of-way to the North line of the South 771.3
feet of the North 1731.3 feet of the Jane Murray Grant for the Point of Beginning;
thence N 69000'39" E along said North line for a distance of 400.00 feet; thence S
22050'41" E on a line parallel to the East line of said U.S. Highway No.1, a
distance of 782.77 feet to the North line of said Godfrey Road; thence S
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Underlined passages are added. 3
2008-0-09
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Instrument. 2009-134788 # 4
Book: 6378
Page: 3153
69007'57" W along the said Northerly right-of-way line of Godfrey Road, a
distance of 400.03 feet; thence N 22050'41" W along the said Easterly right-of-
way line of U.S. Highway No.1, a distance of 781.92 feet to the Point of
Beginning.
Containing 7.18 =t acres more or less.
PARCEL #2 -
The zoning classification for the following described property (approximately 22.49 =t
acres) is hereby changed from County R-3W (Urban Single Family Residential) to City R-l
(Single Family Residential).
The following described real property all lying and being In the County of
Volusia and State of Florida.
The East 1250 feet of the West 1650 feet of the South 771.3 feet of the North
1731.3 feet, of the Jane Murray Grant, in Sections 48 and 49, Township 18 South,
Range 34 East, lying East of U.S. Highway No.1 and the East 1250 feet of the
West 1650 feet of the North 10 feet, of Waterway Park, Section No.1, according
to the plat thereof recorded in Map Book 19, Page 263, Public Records of Vol usia
County, Florida and also described as the Easterly 1250 feet of the Westerly 1650
feet of the North 10 feet, of Waterway Park, Section 1, as replatted in Map Book
19, Page 269, Public Records of Vol usia County, Florida. The said Easterly 1250
feet of the Westerly 1650 feet of the North 10 feet, being a portion ofland lying
immediately North of Godfrey Road a 50 foot right-of-way as now laid out, and a
portion of the Easterly 1250 feet of the Westerly 1650.00 feet, of the Jane Murray
Grant, in Sections 48 and 49, Township 18 South, Range 34 East, lying East of
U.S. Highway No.1 and lying immediately North of the North line Waterway
Park, Section No.1, according to the plat thereof recorded in Map Book 19, Page
263, Public Records of Volusia County, Florida and lying South of South line of
the North 1731.3 feet of said Jane Murray Grant all of the above being more
particularly described as follows:
Commence at an intersection of the Easterly right-of-way of U.S. Highway No. 1
with the Northerly line of the Jane Murray Grant aforesaid, thence S 22050'41" E
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2008-0-09
4
Instrument# 2009-134788 # 5
Book: 6378
Page: 3154
a distance of 960.32 feet along said Easterly right-of-way to the North line of the
South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant; thence N
69000'39" E along said North line for a distance of 400.00 feet for the Point of
Beginning; thence continue N 69000'39" E along said North line for a distance of
1250.00 feet; thence S 22050'41" E on a line parallel to the East line of said U.S.
Highway No. 1 a distance of 785.43 feet to the North line of said Godfrey Road;
thence along the said Northerly right-of-way line of Godfrey Road S 69007'57"
W, a distance of 1250.11 feet; thence N 22050'41" W along a line parallel to the
Easterly right-of-way line of U.S. Highway No.1, a distance of 782.77 feet to the
Point of Beginning.
Containing 22.49 i: acres more or less.
Parcel #1 and Parcel #2 containing a total of29.67 i: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PARTB.
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 by a court of competent jurisdiction, such holding shall not affect the
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Underlined passages are added.
2008-0-09
5
Instrument# 2009-134788 # 6
Book: 6378
Page: 3155
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 Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion to approve by Councilwoman Bennington and Second by Councilwoman
Rogers, the vote on the first reading of this ordinance held on September 8, 2008 is as follows:
AYE
NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
x
Councilwoman Gigi Bennington
x
Councilwoman Harriet E. Rhodes
ABSENT
Councilman Ted Cooper
x
During the City Council meeting held on October 6, 2008, second reading of this
ordinance was continued until the November 17, 2008 Council meeting.
During the November 17, 2008 Council meeting, this Ordinance was continued to a later
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Underlined passages are added.
2008-0-09
6
.',
date to be advertised at that time.
After Motion
to
approve
Instrument# 2009-134788 # 7
Book: 6378
Page: 3156
by rru(l[lil/Y'M r COpe r
and
Second
by
fnlY1{\i/worY\nn ~(\nl~jQ[h the vote on the second reading of this ordinance was as follows:
Mayor Mike Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet E. Rhodes
Councilman Ted Cooper
AYE
NAY
x
X
X
~ txe-nf
x
PASSED AND DULY ADOPTED this ~Of-l day of July, 2009.
ATTEST:
~S{O.li )o~D
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Bonme Wenzel...
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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
Stmek t1mll:lgh passages are deleted.
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2008-0-09
7
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Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this JiJ!!2
day of July, 2009 under Agenda Item No.
8L.
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Instrument# 2009-134788 # 8
Book: 6378
Page: 3157
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Book: 6378
Page: 3159
Diane H. Matousek
Volusia County, Clerk of Court
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