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2015-O-31 17 Ca ORDINANCE NO. 2015-0-31 l 0 o t002Ri c9 � AN ORDINANCE GRANTING A CHANGE IN ZONING " " 5 CLASSIFICATION FROM COUNTY I-4 (INDUSTRIAL c 8 PARK) TO CITY I-2 (HEAVY INDUSTRIAL) FOR 10± —' N c, ACRES OF CERTAIN REAL PROPERTY LOCATED AT ©CO NORTHWEST OF RELOCATION ROAD AND EAST OF TH FEC RAILROAD, 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. Diane M. Borton is the applicant for property located northwest of Relocation Road and east of the FEC Railroad, within Volusia County, Florida. Subject property contains approximately 10± acres. 2. The applicant has submitted an application for a change in zoning classification from County I-4 (Industrial Park) to City I-2 (Heavy Industrial) for the property described herein. 3. On December 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. 7. The proposed change in zoning classification will not have an adverse effect on 1 Strike through passages are deleted. Underlined passages are added. #2015-0-31 Instrument# 2016-062706 # 2 Book : 7238 Page : 2102 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 County I-4 (Industrial Park)to City I-2 (Heavy Industrial) 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. 2 strike-through passages are deleted. Underlined passages are added. #2015-0-31 Instrument# 2016-062706 # 3 Book : 7238 Page : 2103 PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilwoman Power with Second by Councilman Blazi, the vote on the first reading of this ordinance held on January 4, 2016, was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary Conroy X After Motion to approve by_ COL,,,P1C.1/ cy114 1,1 It7weir with Second byC o' �. c the vote on the second i �l f�e�+��,:��r� De-rl,n�r�c� v:� reading/public hearing of this ordinance held on 4 ,C,L �� , 2016, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Dan Blazi Councilman Gary Conroy 3 stfike-thfeugh passages are deleted. Underlined passages are added. #2015-0-31 Inst ruient1 2016-062706 1 4 Book : 7238 Page : 2104 PASSED AND DULY ADOPTED this y" day of 4,/^/1 , 2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA Mitch Hona er Mike Ignasiak- Deputy City Clerk Mayor For the use and reliance only by the City of Approved by the City Council of the C1)y of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day legality by: Aaron R. Wolfe, Esquire of e�i/ , 2016 under Agenda Item City Attorney No. 8 , . Doran, Sims, Wolfe&Ciocchetti y/ 4 Stfike—Brough passages are deleted. Underlined passages are added. #2015-0-31 Instrument# 2016-062706 # 5 Book : 7238 Pacie : 2105 Diane M. Hatousek Volusia County, Clerk of Court EXHIBIT"A" LEGAL DESCRIPTION PARCEL F-1: A part of the Northwest 1/4 , Section 24, Township 18 South, Range 34 East and being more particularly described as follows: Commence at the Northwest corner of said Section 24; thence N 87° 37' 43" E along the North line of said Section 24, a distance of 1208.69 feet to the Easterly R/W of the Florida East Coast Railway, 100 foot R/W, and for the Point of Beginning; thence continuing along said North line 87° 37' 43" E. a distance of 768.32 feet; thence S 02° 22' 17" E a distance of 673.76 feet; thence S 86° 58' 19 W, a distance of 518.09 feet to the said Easterly R/W of the FEC Railway; thence N 22° 35' 17" W along said Easterly R/W line, a distance of 724.30 feet to the Point of Beginning. Containing 10 acres more or less. Together with the right to use a 60 foot road and utility easement as described below: A 60 foot road and utility easement being described as follows: Commence at the Northwest corner of Section 24, Township 18 South, Range 34 East; thence North 87° 37' 43" East along the North line of said Section 24, a distance of 3876.74 feet to the Westerly R/W line of U.S. Highway No. 1 a 158 foot R/W as now laid out; thence South 22° 55' 51" East along said Westerly R/W a distance of 661.42 feet for the Point of Beginning; thence South 86° 58' 19" West a distance of 2132.80 feet; thence South 2° 22' 17" East a distance of 60.00 feet; thence North 86° 58' 19"East a distance of 2155.21 feet to the said Westerly R/W of U.S.No. 1;thence North 22° 55' 51" West along said R/W a distance of 63.81 feet to the Point of Beginning, being a part of Section 24, Township 18 South,Range 34 East. 5 Strip passages are deleted. Underlined passages are added. #2015-0-31 ORDINANCE NO. 2015-0-31 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY I-4 (INDUSTRIAL PARK) TO CITY I-2 (HEAVY INDUSTRIAL) FOR 10± ACRES OF CERTAIN REAL PROPERTY LOCATED AT NORTHWEST OF RELOCATION ROAD AND EAST OF TH FEC RAILROAD, 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. Diane M. Borton is the applicant for property located northwest of Relocation Road and east of the FEC Railroad, within Volusia County, Florida. Subject property contains approximately l 0± acres. 2. The applicant has submitted an application for a change in zoning classification from County I-4 (Industrial Park) to City I-2 (Heavy Industrial) for the property described herein. 3. On December 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. 7. The proposed change in zoning classification will not have an adverse effect on 1 Stfike threidgh passages are deleted. Underlined passages are added. #2015-0-31 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 County I-4 (Industrial Park)to City I-2 (Heavy Industrial) 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. 2 Sirik threugh passages are deleted. Underlined passages are added. #2015-0-31 PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilwoman Power with Second by Councilman Blazi, the vote on the first reading of this ordinance held on January 4, 2016, was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary Conroy X After Motion to approve by ��:.>;_r_� �,�?r_-��,;.,.� r r.>r:: n with Second b C :; ,.,�c ) �, a the vote on the second Y L%t� =�ay, ��E-s�yt�,�c9yo reading/public hearing of this ordinance held on �;r;L L/, , 2016, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Gigi Bennington V Councilman Dan Blazi Councilman Gary Conroy 3 Strike threug#passages are deleted. Underlined passages are added. #2015-0-31 PASSED AND DULY ADOPTED this ' 74 day of 42 ,2016. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA Mitch Honaker Mike Ignasiak') Deputy City Clerk Mayor 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 Z ' day legality by: Aaron R. Wolfe, Esquire ofL/,- %' , 2016 under Agenda Item City Attorney No.8 C� Doran, Sims, Wolfe&Ciocchetti V 4 StFik g 4 passages are deleted. Underlined passages are added. #2015-0-31 EXHIBIT "A" LEGAL DESCRIPTION PARCEL F-1: A part of the Northwest 1/4 , Section 24, Township 18 South, Range 34 East and being more particularly described as follows: Commence at the Northwest corner of said Section 24; thence N 87° 37' 43" E along the North line of said Section 24, a distance of 1208.69 feet to the Easterly R/W of the Florida East Coast Railway, 100 foot R/W, and for the Point of Beginning; thence continuing along said North line 87° 37' 43" E. a distance of 768.32 feet; thence S 02° 22' 17" E a distance of 673.76 feet; thence S 860 58' 19 W, a distance of 518.09 feet to the said Easterly R/W of the FEC Railway; thence N 22° 35' 17" W along said Easterly R/W line, a distance of 724.30 feet to the Point of Beginning. Containing 10 acres more or less. Together with the right to use a 60 foot road and utility easement as described below: A 60 foot road and utility easement being described as follows: Commence at the Northwest corner of Section 24, Township 18 South, Range 34 East; thence North 87° 37' 43" East along the North line of said Section 24, a distance of 3876.74 feet to the Westerly R/W line of U.S. Highway No. 1 a 158 foot R/W as now laid out; thence South 22° 55' 51" East along said Westerly R/W a distance of 661.42 feet for the Point of Beginning; thence South 86° 58' 19" West a distance of 2132.80 feet; thence South 2° 22' 17" East a distance of 60.00 feet; thence North 86° 58' 19" East a distance of 2155.21 feet to the said Westerly R/W of U.S. No. 1;thence North 220 55' 51" West along said R/W a distance of 63.81 feet to the Point of Beginning, being a part of Section 24, Township 18 South, Range 34 East. 5 Strike thr&ugh passages are deleted. Underlined passages are added. #2015-0-31