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2014-O-14 ORDINANCE NO. 2014-0-14 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-4W (GENERAL ' COMMERCIAL) AND COUNTY R-3W (URBAN SINGLE- FAMILY RESIDENTIAL) TO CITY B-3 (HIGHWAY ° COMMERCIAL) FOR 1.12± ACRES AND R-1 (SINGLE- S cu FAMILY RESIDENTIAL) FOR 1.19± ACRES OF CERTAIN 0 0) REAL PROPERTY LOCATED AT 2203 S. RIDGEWOOD d AVENUE, 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. Frank Payton is the agent/applicant on behalf of Turf, LLC, owners of the property located at 2203 S. Ridgewood Avenue, Edgewater, Florida. Subject property contains approximately 2.31± acres. 2. The owner/applicant has submitted an application for a change in zoning classification from County B-4W (General Commercial) and County R-3W (Urban Single- Family Residential) to City B-3 (Highway Commercial) and R-1 (Single Family Residential) for the property described herein. 3. On June 11, 2014 the Local Planning Agency (Planning and Zoning Board) considered the application for change in zoning classification. 4. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 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 1 Strike g:passages are deleted. Underlined passages are added. #2014-0-14 facilities. N > *k 7. The proposed change in zoning classification will not have an adverse effect on Othe natural environment. 8. The proposed change will not have a negative effect on the character of the C 2 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 B-4W (General Commercial) and County R-3W (Urban Single-Family Residential) to City B-3(Highway Commercial) [1.12± acres] and R-1 (Single Family Residential) [1.19± acres] for the property described in Exhibit"A". 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 2 Stfik-e-thr-eHgli passages are deleted. Underlined passages are added. #2014-0-14 holding shall not affect its applicability to any other person, property, or circumstance. CD PART E. RECORDING. O Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into N the public records of Volusia County, Florida. c PART F. EFFECTIVE DATE. 0ro '-9 m a' This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by After Motion to approve by Councilman Ignasiak, with Second by Councilwoman Bennington the vote on the first reading of this ordnance held on July 21, 2014, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Mike Ignasiak X Councilman Gene Emter X After Motion to approve by COineijryvin Troat with Second by L4 1E0 the vote on the second reading/public hearing of this ordinance held on Da-FGbu , 2014, was as follows: AYE NAY Mayor Mike Thomas X( Councilwoman Christine Power �( Councilwoman Gigi Bennington _X_ Councilman Mike Ignasiak 3 Strike4hfeugh passages are deleted. Underlined passages are added. #2014-0-14 Councilman Gene Emter X '4' CO *' i i i i PASSED AND DULY ADOPTED this )19+11 day of©e} C , 2014. !00) p tt, ATTEST: CITY COUNCIL OF THE CO n- CIT . OF EDG ,.F 4_h ' DA /-•,1 Ticit■Aw2. �do rVy D By v Bonnie Wenzel Mi ' • Thom's City Clerk Ma i r Robin L. Matusick , X.0 Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this jp+rl day legality by: Aaron R. Wolfe, Esquire of&!1O b{r , 2014 under Agenda Item No. City Attorney 8 b . Doran, Sims, Wolfe,Kundid. Ciocchetti&Wagner 4 Stfike-threugh passages are deleted. Underlined passages are added. #2014-0-14 Instrument# 2014-182500 # 5 Book : 7041 • • Page : 379 EXHIBIT "A" LEGAL DESCRIPTION COMMERCIAL PARCEL The Westerly 600 feet, as measured along the North line and parallel with U.S. Highway No. 1, of the following described property: Beginning at the intersection of the existing Easterly right-of-way of U.S.Highway No.1,a 158 foot right-of-way as now laid out and the North line of the West 1/2 of the Northeast 1/4 of Section 2, Township 18 South, Range 34 East;thence S 89 degrees 58'39" E a distance of 1110.06 feet to the monumented U.S. Government Meander Line; thence N 61 degrees 53' 43" E a distance of 236.73 feet to the mean high water line of the Indian River North as located June 1,2004;thence S 05 degrees 58'42" E along said mean high water line a distance of 83.68 feet;thence S 61 degrees 51'42" W a distance of 205.15 feet to the monumented U.S. Government Meander Line;thence S 89 degrees 58' 39" W a distance of 734.80 feet;thence S 25 degrees 46'40" E a distance of 22.31 feet to the North line of Pelican Cove Subdivision, according to the map thereof as recorded in Map Book 35, Pages 66 and 67 of the Public Records of Volusia County, Florida; thence S 89 degrees 58' 16" W along said North line a distance of 377.22 feet to the aforementioned existing Easterly right-of-way of U.S. Highway No.1;thence N 26 degrees 22'54" W a distance of 99.86 feet to the Point of Beginning. RESIDENTIAL PARCEL Beginning at the intersection of the existing Easterly right-of-way of U.S.Highway No.1,a 158 foot right-of-way as now laid out and the North line of the West 1/2 of the Northeast 1/4 of Section 2, Township 18 South, Range 34 East;thence S 89 degrees 58'39" E a distance of 1110.06 feet to the monumented U.S. Government Meander Line; thence N 61 degrees 53' 43" E a distance of 236.73 feet to the mean high water line of the Indian River North as located June 1,2004;thence S 05 degrees 58'42" E along said mean high water line a distance of 83.68 feet;thence S 61 degrees 51'42" W a distance of 205.15 feet to the monumented U.S. Government Meander Line;thence S 89 degrees 58' 39" W a distance of 734.80 feet;thence S 25 degrees 46'40" E a distance of 22.31 feet to the North line of Pelican Cove Subdivision, according to the map thereof as recorded in Map Book 35, Pages 66 and 67 of the Public Records of Volusia County, Florida; thence S 89 degrees 58' 16" W along said North line a distance of 377.22 feet to the aforementioned existing Easterly right-of-way of U.S.Highway No.1;thence N 26 degrees 22'54" W a distance of 99.86 feet to the Point of Beginning. LESS AND EXCEPT the Westerly 600 feet thereof as measured along the North line and parallel with U.S.Highway No. 1. 5 Strike through passages are deleted. Underlined passages are added. #2014-0-14 Instrument# 2014-182500 # 6 Book : 7041 ■ • Page : 380 Diane M. Hatousek _"4_ Volusia County, Clerk of Court 4 61 fr 1 t t o 0 0 j--- ' 1(. • \ i— �. �, • to 141/4t C 71;1 '', aslAittoy) t‘vgigm- g R irrs - . :',,ov wo• r3k) ' 10,-- "0 P. U-t ` r tr;,_ , \!i) ---' L. t : 41 a] re Vlie‘i \ ) \\ 111.0 1 I, 'A I 1;;"b * r I pi Ls - - v 4•t. ,,,,,„„ ‘ ILI :,; • .6.71 mos ,> !!.,1/ . W 0 so: . ott $ -c? 1_ io!), , oft: , ish. ■ 1. So .\*•‘ ;4144144'444° lit : . ■%# WA 0, )?,* . . - im o ftioVti rar:::: til 0 I 04, ' mon „ • ..‘‘A, * ,„e it gm: ,,,\ et I/, HM1111111111 _ J „ */ Lc ,r3 .2:111Irir ro 0 .4 , : 111111P-- ■. r' ,,,,,,,,,,„ F:=1.11--A* --s, .0 ■, '