2001-O-51W18/2005 11:14 AN
hstnlaenti 2005-097932 It I
4� Book: 5533
Page: 4519
ORDINANCE NO.2001-0-51
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM R-1 (SINGLE FAMILY
RESIDENTIAL) TO B-3 (HIGHWAY COMMERCIAL) FOR
PROPERTY LOCATED IN TRACT "D" WHICH IS A 100'
STRIP LOCATED NORTH OF RANKEN DRIVE AND WEST
OF SWORDFISH LANE, 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
determinations:
1. Pursuant to the Development Agreement recorded in the Public Records of Volusia
County, Florida and located at Official Records Book 3975, Page 4354 -4362; Philip Fong, Vice
O President of GDP Development, Inc., has submitted a request for a change in zoning classification
�,jQ�)� from R-1 (Single Family Residential) to B-3 (Highway Commercial) for the property described
herein.
2. On July 11, 2001, the Local Planning Agency (Planning and Zoning Board)
considered the request for a change in zoning classification and by a vote of 5-0, the Board
recommended that the City Council approve the request.
3. On August 6, 2001, the City Council considered on first reading/public hearing the
proposed change in the zoning classification afterpublication of such hearing in the Observer on July
27, 2001.
4. On September 10, 2001, the City Council held a public hearing on the application
St aek-tlirongh passages are deleted.
Underlined passages are added.
2001-0-51
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after publishing notice of such hearing in the Observer on August 29, 2001, 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 500 feet of the subject property.
5. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
6. The proposed change in zoning classification is not contrary to the established land
use pattern.
7. The proposed change in zoning classification will not adversely impact public
facilities.
8. Changed or changing conditions make the proposed amendment necessary.
9. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
10. 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 R-I
(Single Family Residential) to B-3 (Highway Commercial):
The following described real property all lying and being in the County of Volusia
and State of Florida.
Swek-deovgh passages are deleted.
Underlined passages are added.
2001-0-51 2
IrlstrLomt# 2005-097932 It 3
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Page: 4521
A portion of U. S. Lot 7, Section 2, Township 18 South, Range 34 East, Volusia
County, Florida being more particularly described as follows:
Commence at the southeast comer of said U. S. Lot 7; thence N 000 28' 03" W, along
the east line of said U. S. Lot 7, a distance of 300.09 feet; thence S 890 54' 14" W, a
distance of 288.07 feet for the Point of Beginning; thence continue S 890 54' 14" W,
a distance of 107.07 feet; thence N 2 P 01' 48" W, a distance fo 150.27 feet to the
Point of Curvature; thence 609.98 feet along the curve to the left, said curve having
a radius of 6272.06 feet, a central angle of 50 34' 20" and a chord of 609.74 feet
which bears N 230 48' 58" W to the Point of Tangency; thence N 260 36' 08" W, a
distance of 289.97 feet; thence N 790 04' 06" E, a distance of 103.86 feet; thence S
260 36' 08" E, a distance of 261.92 feet to the Point of Curvature; thence 619.70 feet
along the curve to the right, said curve having a radius of 6372.06 feet, a central
angle of 50 34' 20" and a chord of 619.46 feet which bears S 230 48' 58" E to the
Point of Tangency; thence S 210 01' 48" E, a distance of 188.52 feet to the Point of
Beginning.
Containing 2.43 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 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
Shock-Onvagh passages are deleted.
Underlined passages are added.
2001.0-51
1474
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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.
PART F. ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman V incenzi, the vote on
the first reading of this ordinance held on August 6, 2001, was as follows:
AYE NAY
Mayor Donald A. Schmidt
X
Councilman James P. Brown
X
Councilman Dennis A. Vincenzi
X
Councilwoman Harriet E. Rhodes
X
Councilwoman Judy Lichter
X
Stmek-tltteugh passages are deleted.
Underlined passages are added.
2001-0-51 4
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Inst ruentl 2005-097932 1 5
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After Motion by (1il� and Second by C�
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. VincenziY
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this la day of,, 2001.
ATTEST:
Susan J. "dsworth"
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
Stmcktlmmg6 passages are deleted.
Underlined passages are added.
2001-0-51 5
CITY COUNCIL OF THE
CITY OF EDGEWA�TER,(F�LORIIDAA�
By:_ �f GLd�f..�Y/
Donald A. Schmidt
Mayor
t 7-�t flC3:Cu_a_urll
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 10
day of 4114 , 2001 under
Agenda Item No. %C
Irstnmert:2005-097932 # 6
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ORDINANCE
A
2001 0-51
00
i
PROPOSED
REZONING
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REPORT OF SKETCH OF DESCRIPTION
TRACT "D"
Portion of Lands Described in
Official Records Book 4164, Page 974
Public Records Of Vol usia County, Florida.
Work Order #01-06-136 - July 2, 2001
Sketch of Description:
See Sketch of Description, Tract "0", Portion of Lands Described in Official Records Book 4164, Page
974, Public Reoords Of Volusla County, Florida, (W.O. #01-06-136), dated July 2,2001. This report
of sketch of description and attached sketch Is not valid without the signature and original raised seal
of a Florida licensed surveyor and mapper, which can be found at the end of this report. The sketch
and report are not full and complete without the other. The sketch is not an actual Boundary Survey.
Description:
A portion of U. S. Lot 7, Section 2, Township 18 South, Range 34 East, Volusia County, Florida being
more particularly described as follows: Commence at the southeast corner of said U. S. Lot 7; thence
N 000 28' 03" W, along the east line of said U. S. Lot 7, a distance of 300.09 feet; thence S 890 54'
14" W, a distance of 288.07 feet for the Point of Beginning; thence continue S 890 54' 14" W, a
distance of 107.07 feet; thence N 210 01' 48" W, a distance of 150.27 feet to the Point of Curvature;
thence 609.98 feet along the curve to the left, said curve having a radius of 6272.06 feet, a central
angle of 50 34' 20" and a chord of 609.74 feet which bears N 23048' 58" W to the Point of Tangency;
'-" thence N 260 36' 08" W, a distance of 289.97 feet; thence N 790 04' 06" E, a distance of 103.86 feet;
thence S 260 36' 08" E, a distance of 261.92 feet to the Point of Curvature; thence 619.70 feet along
the curve to the right, said curve having a radius of 6372.06 feet, a central angle of 50 34' 20" and a
chord of 619.46 feet which bears S 23048' 58" E to the Point of Tangency; thence S 210 01' 48" E, a
distance of 188.52 feet to the Point of Beginning. Containing 2.43 acres more or less.
Description Lineage:
Legal description prepared by the undersigned at the request of the client being a portion of lands
described in Official Records Book 4164, Page 974, Public Records of Volusia County, Florida.
Bearings and distances are based on field measurements.
Bearing Reference:
Bearing refer to Ranken Unrecorded Subdivision, based on the west right of way of Swordfish Lane
as being N 000 35' 00" W.
Limitations, Restrictions and other notes:
1. Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of
'-" record.
2. This sketch prepared without the benefit of an abstract and no title work has been performed or
provided.
3. This sketch is subject to any facts that may be disclosed by a full and accurate title search.
4. Underground utilities and features not located.
5. Environmentally Sensitive Areas (wetlands) not shown.
6. The sketch is not an actual Boundary Survey, improvements not located.
Prepared for:
City of Edgewater
Surveyor and Mapper in Responsible Charge:
Daniel W. Cory
Professional Surveyor and- Mapper License Number 2027
I hereby certify that this sketch of description of the subject property is true and correct to the best of
my knowledge, information and belief as prepared under my supervision on the dates shown thereon.
I further certify that this sketch of description meets the minimum technical standards set forth in
F.A.C. Rule 61817-6, adopted by the Florida Board of Professional Surveyors and Mappers,
pursuant to Flor' Statutes Ch. 472.027, subject to the qualifications noted hereon.
~
Signed:
Daniel W. C 'ry Surveyor, Inc.
Certificate of Authorization Number LB 2599
300 Canal Street
New Smyrna Beach, Florida 32168
Seal:
FILE # 4001 FONG
SEC 2, T18S, R34E
(TRACT "0")
Sheet 1 of 2
~
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rument# 200:)".OB19:12 #". a
[)()ok: h
Pd~Jf::: 4
Diane M. Matousek
Volusia County, Clerk of Court
SKETCH OF DESCRIPTION
TRACT "0"
PORTION OF LANDS DESCR/BED IN
OFFICIAL RECORDS BOOK 4164, PAGE 974
PUBLIC RECORDS OF VOLUS/A COUNTY, FLORIDA
W.O. # 01-06-136 - JULY 2, 2001
SEE REPORT OF SKETCH OF DESCRIPTION
TRACT "D"
PORTION OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 4164, PAGE 974
PUBLIC RECORDS OF VOLUS/A COUN7Y, FLORIDA
W.O. # 01-06-136 - JULY 2, 2001
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LEGEND
SEC = SECTION
T = TOWNSHIP
R = RANGE
SOUTH LINE OF U.S. LOT 7
SEC 2....I-18~R 34 E
RANKEN DRIVE
CURVE RADIUS
1 6272.06'
2 6372.06'
LENGTH DELTA
609.98' 5'34'20"
619.70' 5'34'20"
CHORD CHORD BEARING
609.74' N23"48'58"W
619.46' S23"48'58"E
POINT OF
COMMENCEMENT
SE CORNER OF U.S. LOT 7
SEC 2. T 18 S. R 34 E
THIS SKETCH OF DESCRIPTION AND ATTACHED REPORT IS NOT VALID WITHOUT THE
SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
'~APPER WHICH CAN BE FOUND ON THE REPORT. THE SKETCH AND REPORT ARE
OT FULL AND COMPLETE WITH OUT THE OTHER. THIS SKETCH IS NOT AN ACTUAL
BOUNDARY SURVEY.
DANIEL W. CORY SURVEYOR, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 2599
300 CANAL STREET
NEW SMYRNA BEACH, FLORIDA 32168
(386) 427-9575
FILE # 4001 FONG
SEC 2. T18S. R34E
(TRACT "0 ")
SHEET 2 OF 2
,..
.....,
'-"
. REPORT OF SKETCH OF DESCRIPTION
TRACT" D"
Portion of Lands Described in
Official Records Book 4164, Page 974
Public Records Of Vol usia County, Florida.
Work Order #01.06.136 . July 2, 2001
Sketch of Description:
See Sketch of Description, Tract "0", Portion of Lands Described in Official Records Book 4164, Page
974, Public Records Of Volusia County, Florida, (W.O. #01-06-136), dated July 2, 2001. This report
of sketch of description and attached sketch is not valid without the signature and original raised seal
of a Florida licensed surveyor and mapper, which can be found at the end of this report. The sketch
and report are not full and complete without the other. The sketch is not an actual Boundary Survey.
Description:
A portion of U. S. Lot 7, Section 2, Township 18 South, Range 34 East, Volusia County, Florida being
more particularly described as follows: Commence at the southeast corner of said U. S. Lot 7; thence
N 000 28' 03" W, along the east line of said U. S. Lot 7, a distance of 300.09 feet; thence S 890 54'
14" W, a distance of 288.07 feet for the Point of Beginning; thence continue S 890 54' 14" W, a
distance of 107.07 feet; thence N 210 01' 48" W, a distance of 150.27 feet to the Point of Curvature;
thence 609.98 feet along the curve to the left, said curve having a radius of 6272.06 feet, a central
'-" angle of 50 34' 20" and a chord of 609.74 feet which bears N 23048' 58" W to the Point of Tangency;
thence N 260 36' 08" W, a distance of 289.97 feet; thence N 790 04' 06" E, a distance of 103.86 feet;
thence S 260 36' 08" E, a distance of 261.92 feet to the Point of Curvature; thence 619.70 feet along
the curve to the right, said curve having a radius of 6372.06 feet, a central angle of 50 34' 20" and a
chord of 619.46 feet which bears S 230 48' 58" E to the Point of Tangency; thence S 210 01' 48" E, a
distance of 188.52 feet to the Point of Beginning. Containing 2.43 acres more or less.
Description Lineage:
Legal description prepared by the undersigned at the request of the client being a portion of lands
described in Official Records Book 4164, Page 974, Public Records of Volusia County, Florida.
Bearings and distances are based on field measurements.
Bearing Reference:
Bearing refer to Ranken Unrecorded Subdivision, based on the west right of way of Swordfish Lane
as being N 000 35' 00" W.
Limitations, Restrictions and other notes:
1. Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of
'-" reco rd.
2. This sketch prepared without the benefit of an abstract and no title work has been performed or
provided.
3. This sketch is subject to any facts that may be disclosed by a full and accurate title search.
4. Underground utilities and features not located.
5. Environmentally Sensitive Areas (wetlands) not shown.
6. The sketch is not an actual Boundary Survey, improvements not located.
Prepared for:
City of Edgewater
Surveyor and Mapper in Responsible Charge:
Daniel W. Cory
Professional Surveyor and"Mapper License Number 2027
I hereby certify that this sketch of description of the subject property is true and correct to the best of
my knowledge, information and belief as prepared under my supervision on the dates shown thereon.
I further certify that this sketch of description meets the minimum technical standards set forth in
F.A.C. Rule 61 G17 -6, adopted by the Florida Board of Professional Surveyors and Mappers,
pursuant to Flor' Statutes Ch. 472.027, subject to the qualifications noted hereon.
'-"
Signed:
Daniel W. C 'ry SUNeyor, Inc.
Certificate of Authorization Number LB 2599
300 Canal Street
New Smyrna Beach, Florida 32168
Seal:
FILE # 4001 FONG
SEC 2, T18S, R34E
(TRACT "0")
Sheet 1 of 2
~
.."",
'-'"
SKETCH OF DESCRIPTION
TRACT "0"
PORTION OF LANDS DESCRIBED IN
OFFICIAL RECORDS BOOK 4164, PAGE 974
PUBLIC RECORDS OF VOLUS/A COUNTY, FLORIDA
W.O. # 01-06-136 - JULY 2,2001
SEE REPORT OF SKETCH OF DESCRIPTION
TRACT "0"
PORTION OF LANDS DESCRIBED IN
OFFICIAL RECORDS SOOK 4-164-, PAGE 974-
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA
w.o. # 01-06-136 - JULY 2, 2001
N
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.......
....
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GRAPHIC SCALE
o 100 200
I I I
( IN FEET )
1 inch = 200 ft.
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POINT OF
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LEGEND
SEC = SECTION
T = TOWNSHIP
R = RANGE
SOUTH LINE OF U.S. LOT 7
SEC 2....1.-1 B ~ R 34 E
RANKEN DRIVE
NOO"28'03"W
300.09'
CURVE RADIUS
1 6272.06'
2 6372.06'
LENGTH DELTA
609.98' 5'34'20"
619.70' 5'34'20"
CHORD CHORD BEARING
609.74' N2.3"48'58"W
619,46' 52.3"48'58"E
POINT OF
COMMENCEMENT
SE CORNER OF U.S. LOT 7
SEC 2. T 18 S, R 34 E
THIS SKETCH OF DESCRIPTION AND ATTACHED REPORT IS NOT VALID WITHOUT THE
SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND
MAPPER WHICH CAN BE FOUND ON THE REPORT. THE SKETCH AND REPORT ARE
NOT FULL AND COMPLETE WITH OUT THE OTHER. THIS SKETCH IS NOT AN' ACTUAL
BOUNDARY SURVEY.
DANIEL W. CORY SURVEYOR, INC.
CERTIFICATE OF AUTHORIZATION NUMBER LB 2599
300 CANAL STREET
NEW SMYRNA BEACH, FLORIDA 32168
(386) 427-9575
FILE # 4001 PONG
SEC 2, T18S, R34E
(TRACT "D")
SHEET 2 OF 2