2015-O-17 • ORDINANCE NO.2015-0-17
AN ORDINANCE GRANTING A CHANGE IN ZONING
� CO N COMMERCIAL)TOM CITY NTYB - B-4 (GENERALHIGHW
COMMERCIAL) FOR 1.981 ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 4170 S. RIDGEWOOD AVE.,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
0 ro ZONING MAP OF THE CITY OF EDGEWATER;
R m 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. Braker LLC, with Dan McFall as Managing Member, is the applicant for property
located at 4170 S. Ridgewood Ave., within Volusia County, Florida. Subject property contains
approximately 1.98±acres.
2. The applicant has submitted an application for a change in zoning classification
from County B-4 (General Commercial) to City B-3 (Highway Commercial) for the property
described herein.
3. On August 12, 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.
7. The proposed change in zoning classification will not have an adverse effect on
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the natural environment. •
:= 3726
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 County B-4
(General Commercial) to City B-3 (Highway Commercial) 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superseded by this ordinance to the extent of such conflict.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
the public records of Volusia County, Florida.
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• PART F. EFFECTIVE DATE. Page : 3727
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by After Motion to approve by Councilwoman Power, with
Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on
August 17,2015,was as follows:
AYE NAY
Mayor Mike Ignasiak - X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
ti
Councilman Dan Blazi X
•
Councilman Gary T. Conroy X •
After Motion to approve by fficii man 41(c) with Second by
reury\lluxenmaouler , the vote on the second reading/public hearing of this ordinance held on
01%(1kf )y , 2015, was as follows:
AYE NAY
Mayor Mike Ignasiak _
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi X
Councilman Gary T. Conroy
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PASSED AND DULY ADOPTED this NM day of,Ipt:Lnut,Lex , 2015.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATE FLORIDA
QV.\j‘k_ Ql.t. By/
716(/"4-
Bonnie Brown Mike Ignasiak
c,C,`City erk ` Mayor
3 f�
G1 Robin L. Matusick
•r%` �
V 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 //14) day
legality by: Aaron R. Wolfe,Esquire of /rimer , 2015 under Agenda Item No.
City Attorney 8 C
Doran, Sims, Wolfe&Ciocchetti
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• Page : 3729
EXHIBIT "A"
LEGAL DESCRIPTION
A part of U.S. Lot 1, Section 24, Township 18 South, Range 34 East, Volusia County, Florida,
being more particularly described as follows: Commence at the Northwest corner of said Section
24; thence North 87°37'43" East along the North line of said Section 24, a distance of 3876.54
feet to the Westerly R/W as now laid out; thence South 22°55'51" East along said Westerly
R/W, a distance of 1043.33 feet for the POINT OF BEGINNING; thence continue along said
Westerly R/W South 22°55'51" East, a distance of 343.33 feet; thence South 86°18'56" West, a
distance of 264.80 feet; thence North 22°55'51" West, a distance of 346.56 feet; thence North
86°58'19" East, a distance of 265.88 feet to the Point of Beginning. Containing 1.98 acres, more
or less. The Easterly 92 feet as measured at right angles to U.S. Highway No. 1 reserved for
highway easement.
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At 00,s.. v.ipzi
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I Diane M. Hatousek \\*\
Volusia County, Clerk of Court
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