2003-O-14W18/2W5 12:15 P8
Instruaentt 2005-098086 Y 1
.J Book:�5533
Page: 4967
ORDINANCE NO.2003-0-14
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE
FAMILY RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY
RESIDENTIAL) FOR CERTAIN PROPERTY LOCATED
WITHIN THE RANKEN DRIVE SUBDIVISION (RANKEN
DRIVE AND SWORDFISH LANE) AND CHANGE ZONING
CLASSIFICATION FROM COUNTY B4 (GENERAL
COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED AT 24" RANKEN DRIVE AND
A VACANT LOT TO THE SOUTH (PARCEL #8402-00-00-0690
& 8402-00-00-0530), EDGEWATER, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
0�
determinations:
I. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the City
has submitted an application requesting a change in zoning classification for property owned by
Joseph & Lorraine Cummins, Doris Angleton, Charles & Nancy Byrd, Gregory & Cynthia
Degramont, Robert L. & Jean -Marta Vogel, Donald & Deborah Williams, Richard & Mariana
Ebersold, Bryan & Ann Everidge, A. W. & Patricia Baylor, Craig & Kelly Conway, Robert & Mary
Campbell, Susan Hole, Thad & Kathleen Sizemore, Kirk & Rosemarie Jones, James & Nancy Jo
Tayfel, Steven & Barbara Wygant, Kimberly McCauley & John Bell, Gilbert & Donna Gesualdi,
Ward T. Berg, Bruce E. & Sabrina Farmer, Connor C. & DeAnna L. McDuffie, David & Teresa
Bartek, and William Nani Ranken. The subject properties are located on Ranken Drive and
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Swordfish Lane, Edgewater, Florida and contains approximately 21.48 .:t acres. The requested
zoning change would be from County R-3 (Urban Single Family Residential) to City R-2 (Single
Family Residential) for certain property located within the Ranken Drive Subdivision (Ranken Drive
and Swordfish Lane) and change the zoning classification from County B-4 (General Commercial)
to City B-3 (Highway Commercial) for property located at 2499 Ranken Drive and the vacant lot to
the south (Parcel #8402-00-00-0690 & #8402-00-00-0530).
2. In a letter dated April 17, 2003, the City of Edgewater notified by mail the owners
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property.
3. On March 12, 2003, the Local Planning Agency (Planning and Zoning Board)
considered the request for a change in zoning classification and by a vote of 7 - 0, the Board
recommended that the City Council approve the request.
4. On May 5, 2003, 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
April 24, 2003.
5. On May 19,2003, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 8, 2003,
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.
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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.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
The zoning classification for the following described property is hereby changed
from County R-3 (Urban Single Family Residential) to City R-2 (Single Family
Residential):
The following described real property all lying and being in the County of V olusia
and State of Florida.
That portion of the south 300 feet ofU. S. Lot 7, Section 2, Township 18 South;
Range 34 East and a portion ofU. S. Lot 1, Section 1, Township 18 South; Range 34
East, all being described as follows:
Beginning at the Southeast comer of U. S. Lot 7, Section 2, Township 18 South;
Range 34 East; thence S 89056'54" W, along the southerly line of said U. S. Lot 7,
a distance of228.82 feet; thence N 21001 '48" W, a distance of321.10 feet; thence N
89054'14" E, a distance of341.60 feet to the Westerly line ofU. S. Lot 1, Section 1,
Township 18 South; Range 34 East; thence N 00035'00" W, along said Westerly line,
a distance of 619.64 feet; thence S 89054'35" E, a distance of 50.00 feet; thence S
00035'00" E, a distance of 348.00 feet; thence S 89059'28" E, a distance of 296.96
feet to the approximate shoreline of the westerly bank of the Indian River North;
thence Southeasterly along said shoreline the following nine courses and distances:
(1) S 23029'57" E, a distance of 129.38 feet; thence (2) S 38043'17" E, a distance of
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90.71 feet; thence (3) S 46008'33" E, a distance of27.79 feet; thence (4) S 88006'36"
E, a distance of56.14 feet; thence (5) S 78012'26" W, a distance of45.52 feet; thence
(6) S 08031'22" E, a distance of 104.21 feet; thence (7) S 24046'00" E, a distance of
151.01 feet; thence (8) S 39032'23" E, a distance of91.47 feet; thence (9) S 36019'02"
E, a distance of63.65 feet; thence leaving said shoreline S 68024'14" W, a distance
of300.00 feet; thence S 26000'46" E, a distance of 100.00 feet; thence N 68024'14"
E, a distance of 300.00 feet to the said approximate shoreline of the Indian River
North; thence Southeasterly along said shoreline the following six courses and
distances: (1) S 22005'13" E, a distance of 149.56 feet; thence (2) S 21052'16" E, a
distance of209.38 feet; thence (3) S 33010'12" E, a distance of203.54 feet; thence
(4) S 30055'30" E, a distance of91.98 feet; thence (5) S 31003'46" E, a distance of
210.96 feet; thence (6) S 31013'35" E, along said shoreline, a distance of6.74 feet to
the northerly line of Edgewater Landings Phase I, according to plat thereof recorded
in Map Book 42, Pages 65 through 67 of the Public Records of V olusia County,
Florida; thence S 67027'56" W along said northerly line of Edge water Landing Phase
I, a distance of386.24 feet; thence N 26002'19" W, a distance of712.29 feet; thence
S 67026'59" W, a distance of 100.00 feet; thence N 26001'36" W, a distance of2.36
feet; thence S 68023'23" W, a distance of 0.35 feet; thence N 25059'16" W, a distance
of 150.07 feet; thence N 68032'46" E, a distance of 0.25 feet; thence N 26001 '36" W,
a distance of20.46 feet; thence S 89056'37" W, a distance of265.61 feet to the said
westerly line ofU. S. Lot 1, Section 1; thence N 00028'03" Walong said Westerly
line, a distance of260.07 feet to the Point of Beginning. Together with accreted land
lying easterly thereof.
along with
Parcel #8402-00-00-0730 described as follows:
Parcel 12A, Ranken Unrecorded Subdivision - a portion of the Northeast 1/4 of the
Southeast 1/4 of Section 2, Township 18 South, Range 34 East and being more
particularly described as follows:
Commence at the Southeast corner ofU. S. Lot 7, Section 2, Township 18 South,
Range 34 East; thence South 89056'54" West, adistanceof550.12 feettothe Easterly
Right-of- Way line ofU. S. Highway No.1, a 158 foot Right-of-Way as now laid out;
thence South 20007'45" East along said Easterly Right-of-Way, a distance of 53.18
feet; thence North 89056'37" East leaving said Right-of-Way line, a distance of
267.62 feet for the Point of Beginning; thence continue North 89056'37" East, a
distance of 149.47 feet; thence South 00028'03" East, a distance of 210.17 feet;
thence South 89056'37" West, a distance of70.69 feet; thence North 20057'49" West,
a distance of224.97 feet to the Point of Beginning.
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and
Parcel #8402-00-00-0740 described as follows;
Parcel12B, Ranken Unrecorded Subdivision, being more particularly described as:
A portion of the Northeast 1/4 of the Southeast 1/4 of Section 2, Township 18 South,
Range 34 East and being more particularly described as follows:
Commence at the Southeast corner ofD.S. Lot 7, Section 2, Township 18 South,
Range 34 East; thence S 89056'54" W, a distance of 550.12 feet; to the Easterly
Right-of-Way line ofD. S. Highway#l, a 158 foot RJW as now laid out; thence S
20007'45" E along said Easterly RJW, a distance of53.18 feet; thence N 89056'37"
E leaving said RJW, a distance of 417.09 feet for the Point of Beginning; thence
continue N 89056'37" E, a distance of 110.08 feet; thence S 00028'03" E, a distance
of21O.17 feet; thence S 89056'37" W, a distance of 110.08 feet; thence N 00028'03"
W, a distance of 21 0.17 feet to the Point of Beginning.
The zoning classification for the following described property is hereby
changed from County B-4 (Highway Commercial) to City B-3 (Highway
Commercial):
Parcel #8402-00-00-0690 described as follows:
A portion of the South 300 feet lying easterly ofU. S. Highway No.1, U. S. Lot 7,
Section 2, Township 18 South; Range 34 East and being described as follows:
Commence at the Southeast corner ofD. S. Lot 7, Section 2, Township 18 South;
Range 34 East; thence S 89056'54" W along the southerly line of said U. S. Lot 7, a
distance of228.82 feet for the POINT OF BEGINNING; thence continue S 89056'54"
W, a distance of321.30 feet to the easterly RJW line ofU. S. Highway No.1, a 158
foot RJW as now laid out; thence N 21001 '48" Walong said Easterly RJW, a distance
of 320.83 feet; thence leaving said RJW, N 89054'14" E, a distance of321.20 feet;
thence S 21001 '48" E, a distance of 321.10 feet to the Point of Beginning.
Containing 2.21 acres more or less.
and
Parcel #8402-00-00-0530 described as follows;
2 1834 S 210.14 ft ofN 260.14 ft meas on ElL ofW 527.17 ft meas on NIL ofNE
1/4 ofSE 1/4 E of US 1 ext E 259.55 ft per OR 3341, PG 0718.
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trument# 2005098086 II 6
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Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, FLORIDA.
The Planning 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.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Hammond, the vote on
the first reading ofthis ordinance held on May 5, 2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilman Hammond
and Second by Councilwoman Lichter
the vote on the second reading/public hearing of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt Absent
Councilman James P. Brown Absent
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter X
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2003-0-14
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Irstnmmtt 2005-098M t 8
�. Book: 5533
Page: 4974
PASSED AND DULY ADOPTED this 19th day of May, 2003.
ATTEST:
SusanJ.Was sworth
._ City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2003-O-14
8
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Harriet.E.. Rhodes
Vice Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater atameetingheld onthis 19thday
of May, 2003 under Agenda Item No. 66=U.
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