2005-O-5102/23/2006 03:51 PM
OInstnwentt 2006-046656 t 1
Book: 5773
Page: 2935
ORDINANCE NO.2005-0-51
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY I-1 (LIGHT
INDUSTRIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED WEST OF U. S. HIGHWAY 91
AND SOUTH OF RELOCATION ROAD AND 4100 U.S.
HIGHWAY #1, 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. Trajan Joe Sfera, Persa Sfera, Jon Sfem and Selvie Sfera, owners of property located
West of U. S. Highway 41 and South of Relocation Road and 4100 U. S. Highway #1, Edgewater,
Florida. Subject property contains approximately 12.01 acres more or less.
2. The ownerslapplicants have submitted an application for a change in zoning
5a S,°5 classification from County 1-1 (Light Industrial) to City B-3 (Highway Commercial) forthe property
described herein.
3. On September 14, 2005, 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 November 7, 2005, 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 October 27, 2005.
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5. On December 5, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on November 25,2005, 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.
NOW, THEREFORE, BE IT ENACTED by the People of the 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 I-I (Light Industrial) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
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fnstrument# 2006-046856 # 3
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and State of Florida:
Parcel 5:
A part ofU. S. Lot 1, Section 24, Township 18 South, Range 34 East, and being
more particularly described as follows:
Commence at the N.E. corner of said Section 24, thence N 87037'43" E along the
North line of said Section 24, a distance of 3,877.35 feet to the Westerly Right-of-
Way line ofU. S. No.1, a 158 feet Right-of-Way is now laid out; thence S 22055'51"
E along said Westerly Right-of-Way a distance of 693.33 feet for the Point of
Beginning; thence continue along said Westerly Right-of-Way line a distance of
350.00 feet; thence S 86058'19" W a distance of265.88 feet; thence S 220255'51" E
a distance of 346.56 feet; thence S 86018'56" W a distance of 774.65 feet; thence N
03041'04" W a distance of663.87 feet; thence N 86058'19" E a distance of 810.96
feet to the Point of Beginning.
Together with the right to use, for ingress and egress, a 60 foot road and utility
easement being described as follows:
Commence at the NW corner of said Section 24, Township 18 S, Range 34 E, thence
N 87037'43" E along the N line of said Section 24, a distance of3,877.35 feet to the
Westerly Right-of-Way line ofD. S. Highway No. 1, a 158 feet Right-of-Way is now
laid out; thence S 22055'51" E along said Westerly Right-of-Way a distance of
661.42 feet for the Point of Beginning; thence S 86058'19" W a distance of2,132.80
feet; thence S 02022'17" E a distance of 60 feet; thence N 86058'19" E a distance of
2,155.21 feet to the said Westerly Right-of- Way ofD. S. No.1; thence N 22055'51"
W along said Right -of- Way a distance of 63.81 feet to the Point of Beginning, being
a part of Section 24, Township 18 S, Range 34 E.
Containing 12.01 :!:: 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 EDGEW A TER, FLORIDA.
The Development Services Director is hereby authorized and directed to amend the Official
Zoning Map ofthe City of Edgewater, Florida, to reflect the change in zoning classification for the
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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.
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.
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rument# 2006-046856 # 5
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PARTG.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on November 7,2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
During the second reading/public hearing held on December 5,2005, the City Council voted
to continue this hearing until January 9,2006.
During the City Council meeting on December 19, 2005, Council announced a further
continuation until February 13,2006 due to the January 9, 2006 meeting being canceled.
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0
Instruaenti 2006-046856 1 6
OBook: 5773
Page: 2940
AYE NAY
Mayor Mike Thomas
_ x
Councilwoman Debra J. Rogers
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
PASSED AND DULY ADOPTED this 13th day of February, 2006
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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20a5-O-51
C
CITY COUNCIL OF THE
CITY OF EDGE r RIDA
sy
ike omas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 13th day
of February, 2006 under Agenda Item No.
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Instrumentlt 2005-046BSb It 7
Book: 5 'll3
""""Paue: 2941
Diane M. Matousek .., ....
Volusia County, Clerk of Court
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