94-O-1604/18/2005 10:54 AN
Imstnamt# 2005-097856 # 1
Book; 5533
Page: 4142
ORDINANCE NO. 94-0-16
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM VOLUSIA COUNTY'S B-4
(GENERAL COMMERCIAL) AND EDGEWATER'S R-4
(MULTI -FAMILY RESIDENTIAL DISTRICT) TO B-3
(HIGHWAY SERVICE BUSINESS DISTRICT) FOR
PROPERTY LOCATED AT THE SOUTHWEST INTERSECTION
OF FALCON AVENUE AND U. S. HIGHWAY #1;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER ACCORDINGLY; 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. James C. and Rosemary Carder, submitted an application
for a change in zoning classification for the property described
below from Volusia County's B-4 (General Commercial) and
Edgewater's R-4 (Multi -Family Residential District) to B-3 (Highway
SO
3S �, Service Business District) for the property described below.
2. Pursuant to Section 1101 of the Edgewater Zoning
ordinance, on April 27, 1994, the Land Development and Regulatory
Agency considered the application and by a vote of 6 to 0
recommended that the City Council approve the request.
3. On May 16, 1994, the City Council considered the
application on first reading.
4. Pursuant to Section 1103 of the Edgewater Zoning
Ordinance on June 6, 1994, the City Council held a public hearing
on the application after publishing notice of such hearing in the
Daytona News Journal on May 22, 1994, and May 31, 1994, and
notifying by mail adjoining property owners.
5. The proposed change in zoning classification is not
contrary to the established land use pattern.
6. The proposed change in zoning classification will not
adversely impact public facilities.
7. The existing district boundaries are not drawn logically
in relation to the property proposed for change.
8. The proposed change in zoning classification will not
have an adverse effect on the natural environment.
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9. 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 Volusia County's B-4 (General Commercial)
and Edgewater's R-4 (Multi-Family Residential District) to B-3
(Highway Service Business District):
A portion of lots 14 and 15, HIGHWAY
SUBDIVISION, as recorded in Map Book 8, Page
222, of the Public Records of Volusia County,
Florida, together with a portion of the
Northwest quarter of the Northeast quarter of
Section 2, Township 18 South, Range 34 East,
Volusia County, Florida, being more
particularly described as follows:
COMMENCE at the Southwest corner of U. S. Lot
5, section 2, Township 18 South, Range 34
East, Volusia County, Florida; thence North 89
degrees 47 minutes 15 seconds East along the
South line of said U. S. Lot 5 and the North
line of the Northwest quarter of the Northeast
quarter of said Section 2, a distance of
150.00 feet to the POINT OF BEGINNING; thence
North, a distance of 33.49 feet to the point
of curvature of a tangent curve, concave to
the Southeast, having a radius of 75.00 feet
and a central angle of 90 degrees 00 minutes
00 seconds; thence Northeasterly along said
curve, a distance of 117.81 feet; thence East,
a distance of 371.50 feet to the point of
curvature of a tangent curve, concave to the
Southwest, having a radius of 45.00 feet and a
central angle of 63 degrees 18 minutes 49
seconds; thence Southeasterly along said
curve, a distance of 49.73 feet to point in
the Westerly right-of-way of U. S. Highway No.
1 (S.R. No.5); thence South 26 degrees 41
minutes 11 seconds East along said Westerly
right-of-way, a distance of 301.60 feet;
thence departing said Westerly right-of-way
South 64 degrees 12 minutes 49 seconds West, a
distance of 679.40 feet; thence North 41
degrees 16 minutes 56 seconds West, a distance
of 99.19 feet to the point of curvature of a
non-tangent curve, concave to the Northwest,
having a radius of 125.01 feet, a central
angle of 55 degrees 57 minutes 56 seconds, and
a chord of 117.30 feet bearing North 27
degrees 58 minutes 48 seconds East; thence
Northeasterly along said curve, a distance of
122.10 feet; thence North, a distance of
303.19 feet to the POINT OF BEGINNING; said
described tract containing 5.90 acres
(256,813.31 square feet), more or less.
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PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Director of Community Development 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 effect upon adoption.
PART F. ADOPTION.
After Motion by Councilman Hays and Second by Councilman
Mitchum, the vote on the first reading of this ordinance held on
May 16, 1994, was as follows:
Mayor Jack H. Hayman, Sr. ABSENT
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Jones and Second by Councilwoman
Martin, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr.
AYE
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Councilman Kirk Jones
Councilwoman Louise A. Martin
Councilman Mike Bays
Councilman David L. Mitchum
Instnmentt 2005-097856 t 4
Book: 5533
Page: 4145
Diane N. Natousek
yolusia Candy, Clerk of Court
AYE
AYE
AYE
AYE
PASSED AND DULY ADOPTED this 6th day of June, 1994.
ATTEST:'- 0
Susan..J.., adsworth
_ City Clerk
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
ack H. t nan, Sk.
/Mayor
APPROVED FOR FORM
AND CORRECTNESS:
l 24. 2�
ista A. Storey
City Attorney
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