2010-O-0606/10/2010 12:49 PM
y Instrument# 2010-104645 t 1
.J Book: 6484
Page: 1001
ORDINANCE NO.2010-0-06
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4 (GENERAL
COMMERCIAL) TO CITY B-3 (HIGHWAY
COMMERCIAL) FOR 2.15+ ACRES OF PROPERTY
LOCATED AT 2798 SOUTH RIDGEWOOD AVENUE,
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. Derek Oberschall of CSC Properties, Inc. has applied on behalf of Larry John
Sefton, Cynthia E. Mock and Christopher D. Scott, owners for property located at 2798 South
Ridgewood Avenue, Edgewater, Florida. Subject property contains approximately 2.15+ acres
more or less.
2. The owners/applicant have submitted an application for a change in zoning
classification from County B4 (General Commercial) to City B-3 (Highway Commercial) for
the property described herein.
3. On January 13, 2010, 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 March 15, 2010, 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 March 4, 2010.
5. On May 17, 2010, the City Council held a public hearing on the application after
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publishing notice of such hearing in the Observer on May 6, 2010, 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.
g. 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.
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 for the following described property is hereby changed from
County B4 (General Commercial) to City B-3 (Highway Commercial).
The following described real property all lying and being in the County of
Volusia and State of Florida.
TRACT "A"—
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That portion of the North 231 feet of the South 462 feet of U.S. Government Lot
2, Section 1, Township 18 South, Range 34 East and that part of the North 231
feet of the South 462 feet of the Southeast '/4 of the Southeast %4 of Section 2,
Township 18 South, Range 34 East, Volusia County, Florida, lying Westerly of
U.S. Highway No. 1, Being more particularly described as follows:
Begin at the Southeast comer of the North 231 feet of the South 462 feet of the
Southeast '/4 of the Southeast '/4 of said Section 2; thence North 89013'28" East,
along the South line of the North 231 feet of the South 462 feet of the aforesaid
U.S. Government Lot 2, Section 1, Township 18 South, Range 34 East, a distance
of 113.67 feet to the West Right -of --Way of U.S. Highway No. 1 (State Road 5);
thence North 16001'53" West, along said West Right -of -Way, a distance of
242.51 feet to the North line of the North 231 feet of the South 462 feet of said
U.S. Government Lott; thence South 89031118" West, along said North line, and
the North line of the aforesaid North 231 feet of the South 462 feet of the
Southeast %4 of the Southeast %4 of Section 2, a distance of 400.00 feet; thence
departing said North line, South 15059'39" East, 243.05 feet to the South line of
the North 231 feet of the South 462 feet of the Southeast'/4 of the Southeast'/4 of
said Section 2; thence North 89031'3T' East, along said South line, a distance of
286.34 feet to the Point of Beginning.
Containing 2.15 ± 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
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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.
PART G. ADOPTION.
After Motion to approve by Councilwoman Bennington with Second by Councilwoman
Rhodes, the vote on the first reading of this ordinance held on March 15, 2010, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers _ x
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper x_ _
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After Motion to approve with Second byLwjiAfo
the vote on the second reading/public hearing of this ordinance held on May 17, 2010, was as
follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers
_
Councilwoman Gig Bennington
Councilwoman Harriet B. Rhodesn-
Councilman Ted CooperIJ7�l.+
PASSED AND DULY ADOPTED this 17th day of May, 2010
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
Dome, Sims,Wolfe, Ansay,
Kundid & Birch
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2010-1NM
CITY COUNCIL THE
CITY Or =AORIDA
W
ke kthomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of May, 2010 under Agenda Item No. S�' .
1