2015-O-23 - Withdrawn WITHDRAWN
ORDINANCE NO. 2015-0-23
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY B-3 (HIGHWAY
COMMERCIAL) TO CITY R-5 (HIGH DENSITY
RESIDENTIAL) FOR 13f ACRES OF CERTAIN REAL
PROPERTY LOCATED EAST OF U.S. HIGHWAY 1 AND
WEST OF EDGEWATER LANDINGS., 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. Charlie Faulkner, agent for TRB Edgewater, LLC, is the applicant for property
located east of U.S. Highway 1 and west of Edgewater Landings, within Volusia County,
Florida. Subject property contains approximately 13 + acres.
2. The applicant has submitted an application for a change in zoning classification
from City B-3 (Highway Commercial) to City R-5 (High Density Residential) for the property
described herein.
3. On September 9, 2015, 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
facilities.
1
Strike dffetigh passages are deleted.
Underlined passages are added.
#2015-0-23
7. The proposed change in zoning classification will not have an adverse effect on
the natural environment.
8. 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 City B-3
(Highway Commercial) to City R-5 (High Density Residential) 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 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
2
Strike dffetigh passages are deleted.
Underlined passages are added.
#2015-0-23
the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
Due to the Future Land Use (Ordinance 42015-0-22) being denied this rezoning
ordinance would be null & void with no reason to act. City Manager asked applicant
(Faulkner) if he agreed & he did,therefore this application/ordinance was withdrawn.
After Motion to approve by After Motion to approve by , with
Second by , the vote on the first reading of this ordinance held on
September 14, 2015, was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy
3
Strike dffetigh passages are deleted.
Underlined passages are added.
#2015-0-23
After Motion to approve by with Second by
the vote on the second reading/public hearing of this ordinance held on
2015, was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this day of , 2015.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Bonnie Brown Mike Ignasiak
City Clerk Mayor
Robin L. Matusick
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 day
legality by: Aaron R. Wolfe, Esquire of , 2015 under Agenda Item No.
City Attorney 8
Doran, Sims,Wolfe,Kundid.
Ciocchetti&Wagner
4
Strike fteugh passages are deleted.
Underlined passages are added.
#2015-0-23
EXHIBIT "A"
LEGAL DESCRIPTION
The Northwest 1 acre of the North 200 feet of Lot 6, lying east of that certain Highway known
and designated as U.S. Highway No. 1, SQUARETOPVILLE SUBDIVISION, in Section 12,
Township 18 South, Range 34 East, as per map in Map Book 1, Page 1160, of the Public
Records of Volusia County, Florida, being more particularly described as follows: For a Point of
Beginning, commence at the intersection of the north line of said Lot 6, and the easterly right of
way of said U.S. Highway No. 1, said point being South 87° 27' 55" West and a distance of
982.28 feet, as measured along said north line of Lot 6, from the northeast corner of said Lot 6;
thence north 87° 27' 55" East, along said north line of Lot 6, a distance of 279.81 feet; thence
South 15° 53' 10" East, parallel with the easterly right of way of said U.S. Highway No. 1, a
distance of 160.00; thence South 87° 27' 55" West, parallel with said north line of Lot 6, a
distance of 279.81 feet to said easterly right of way of U.S. Highway 1; thence North 15° 53' 10"
West, along said easterly right of way of U.S. Highway No. 1, a distance of 160.00 feet to the
point of beginning.
5
Strike dffetigh passages are deleted.
Underlined passages are added.
#2015-0-23