2010-O-120B/25/20H 03:56 PH
Instament= 2011-"72 t 1
-- f--- Book : 6625
Page: 3618
ORDINANCE NO.2010-0-12
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY BPUD (BUSINESS
PLANNED UNIT DEVELOPMENT) TO CITY B-3
(HIGHWAY COMMERCIAL) FOR 9.13+ ACRES OF
PROPERTY LOCATED AT 3515 U. S. HIGHWAY NO. 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:
Howard Hewitt of Indian River -Self Storage, LLC has applied as owner for
change in zoning of property located at 3515 U. S. Highway No. 1, within Volusia County,
Florida Subject property contains approximately 9.13 ± acres.
2. The owner/applicant has submitted an application for a change in zoning
classification from County BPUD (Business Planned Unit Development) to City B-3 (Highway
Commercial) for the property described herein.
3. On May 12, 2010, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 2, the Board
recommended that City Council consider approval of the request.
4. On May 17, 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
May 6, 2010.
5. On July 19, 2010, the City Council held a public hearing on the application after
1
Slrikethreagh passages are deleted.
Underlined passages are added.
#2010.0-12
Irstnaentt 2011-143672 1 2
OBook: 6625
Page: 3619
publishing notice of such hearing in the Observer on July 8, 2010, and notifying by mail on Jane
18, 2010 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
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 BPUD (Business Planned Unit Development) to City B-3 (Highway Commercial).
The following described real property all lying and being in the County of
Volusia and State of Florida.
A portion of the South 300 feet of the North 960 feet, East of U.S. Highway No.
2
Stake -through passages are deleted.
Underlined passages are added.
#2010-0-12
Instrunentt 2011-143872 1 3
C !1 Book: 6625
�•/ Page: 3620
1, of the Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34
East, Volusia County, Florida, 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
660.35 feet along said Easterly right-of-way to the North line of the South 300
feet of the North 960 feet of the Jane Murray Grant, aforesaid and the Point of
Beginning; thence N 69000'00" E along said North line for a distance of 1452.81
feet; thence departing said North line S 22050'41" E, 300.02 feet to the South line
of the South 300 feet of the North 960 feet East of U.S. Highway No. 1, of the
Jane Murray Grant in Sections 48 and 49, Township 18 South, Range 34 East;
thence S 69000'08" W 1452.81 feet to the Easterly right-of-way of U.S. Highway
No. 1; thence N 22050'41" W 299.96 feet to the Point of Beginning.
EXCEPTING THEREFROM the lands conveyed by the Deed in O.R- Book 4664,
Page 4694, of the Public Records of Volusia County, Florida.
Subject to and together with a perpetual non-exclusive easement for ingress and
egress over the following described property situate in Volusia County, Florida.
A 25 feet wide easement for ingress and egress in the Jane Murray Gram,
Sections 48 and 49, Township 18 South, Range 34 East, Volusia County, Florida:
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
660.35 feet along said Easterly right-of-way to the North line of the South 300
feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence N
69000'00" E along said North line for a distance of 811.80 feet to a point on a
curve, concave Northeasterly, having a radius of 319.85 feet, a central angle of
10008'43", radial line bearing N 06042'49" E, and the Point of Beginning; thence
Southeasterly along said curve 56.64 feet to the Point of Tangency; thence N
86034'03" E, 248.36 feet to the Point of Curvature of a curve concave Northerly,
having a radius of 233.97 feet, a central angle of 57006'36", a radial line bearing
N 03025'53" W; thence Easterly along said curve 233.22 to a Point of Reverse
Curvature of a curve concave Southeasterly, having a radius of 269.82 feet, a
central angle of 25052'16", radial line bearing S 60032'38 E; thence Northerly
along said curve 121.83 feet to an intersection with the North line of the South
300 feet of the North 960 feet of the Jane Murray Grant, aforesaid; thence S
69000'00" W, 71.07 feet along said North line to a point on a curve concave
Southeasterly, having a radius of 294.82 feet, a central angle of 12019'30", a
radial line bearing S 48013'08" E; thence Southwesterly along said curve 63.42
feet to a Point of Reverse Curvature of a curve concave Northerly, having a radius
of 208.97 feet, a central angle of 57006'45", a radial line bearing N 60032'38" W;
thence Westerly along said curve 208.30 feet to a Point of Tangency; thence S
86033'35" W, 241.51 feet to an intersection with the North line of the South 300
3
Strike through passages are deleted.
Underlined passages are added.
#2010-0-12
Instnmmt# 2011-143872 # 4
C Book: 6625
J Page: 3621
feet of the North 960 feet of the lane Murray Grant, aforesaid; thence S
69°00'00" W, 66.27 feet along said North line to the Point of Beginning.
Containing 9.13 ± 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
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.
4
Strikethreugh passages are deleted.
Underlined passages are added.
#2010-0-12
A
Instivent# 2011-143072 0 5
�1 Book: 6625
�J Page: 3622
PART G. ADOPTION.
After Motion to approve by Councilwoman Bennington with Second by Councilwoman
Rhodes, the vote on the fast reading of this ordinance held on May 17, 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 ABSENT
After Motion to approve by with Second by e0o0er
the vote on the second reading/public hearing of this ordinance held on August 15, 2011, was as
follows:
Mayor Mike Thomas
Councilman Justin A. Kennedy
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Ted Cooper
5
Strike-Egreng6 passages are deleted.
Underlined passages are added.
#2010-0-12
AYE NAY
x
Instrinientt 2011-"72 It 6
'1 Book: 6625
aJ Page: 3623
PASSED AND DULY ADOPTED this IS" day of August, 2011.
ATTEST:
7 - .` in)
Bonnie Wenzel
City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sinas, Wolfe, Ansay & Kundid
Strike-Naeng6 passages are deleted.
Underlined passages are added.
#2010-0-12
CITY COUNCIL OF THE
CITY OF EDGE\ ATER, FLORH)A
ike Th
ayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of August, 2011 under Agenda Item No. 8-L.
v Instrument# 2011 - 143872 It 8
. ri_.-->i L/ t Book: 6625
Page: 3625
Diane M. Matousek
Volusia County, Clerk of Court'
AMMO
1 \ ,.., , :
&.. a ,,,
lirr 1 • ' ?
2 0 .44f41\ t .
a.
. 0 WO VI °O .'' - \
1\ttA . TM fillS Wilir,‘ 111 c
1 :14 El*:\ VIIV 10 L
t 1 k V \ 4 ° A
C z -. a v A a s
11E11 EA t
i kk.. 0 , ‘ , -..,
,,,,3„:„..„ ...-
sot *w.,,,o.g i . comozz-..ccO.ore 0
li ti l r. 71 16,, W. . a 0 .00N - sm' .-
1 Vi■io "01A Vi l'' c'.
\:_tlo.:: li g,; \ %, *Iii \ , ..• l c \ := et
?lire •■ iii, 0 • 0 \ 75 g -
„ w is v i tii i t I t o ,.
Vs% A , % t % 0 ***V $ ''' 0 , A
A
A - " A \O
tr
' *,w, ; - „,,, .44,
--■.\\■ .0 % wa.--*■- !.
,,, . I,I
. ,
. A‘v, . Lk 1 . .". *Ao*- '"P-. _.7i .7
p
W VS*41 2===pt.47;EE
n ,...„. _.,„,..., t.._ ...„....w. ,+, <.„„.::_„_:.
C „.....„...__
C C 5 5 5 5
„.- \ mu __.
____-----
______
_______ - f < -------
,,
..,,,. toms 11