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2016-O-03 05/09/2016 02:11 PN Instrument# 2016-084739 # 1 Book : 7251 Page : 1209 ORDINANCE NO.2016-0-03 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-4 (GENERAL COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR 2.62± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3290 S.RIDGEWOOD AVENUE AND 3300 S. RIDGEWOOD 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. Aluminum Plus, is the applicant for property located at 3290 S. Ridgewood Avenue and 3300 S. Ridgewood Avenue, within Volusia County, Florida. Subject property contains approximately 2.62±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 January 13, 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 1 Strike passages are deleted. Underlined passages are added. #2016-0-03 Instrument# 2016-084739 # 2 • . Book : 7251 • , Page : 1210 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 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 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. 2 StrikeStfik-e4lifeugh passages are deleted. Underlined passages are added. #2016-0-03 Instrument# 2016-084739 # 3 Book : 7251 Page : 121 1 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. 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 Conroy, the vote on the first reading of this ordinance held on February 1,2016,was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary T. Conroy X 3 Strikeeagh passages are deleted. Underlined passages are added. #2016-0-03 Instrumeent# 2016-084739 # 4 Book : 7251 Page : 1212 After Motion to approve by C-I-Wl'iJfi--<.r 2i. with Second by Y_,I LaIrt-,,-, -) , the vote on the second reading/public hearing of this ordinance held on rrIm . , ,2016 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power N_ Councilwoman Gigi Bennington $ Y3 1\1"/- Councilman VTCouncilman Dan Blazi �8 Councilman Gary T. Conroy PASSED AND DULY ADOPTED thisr 1 day of 1.11-1-k ,2016. p rST: CITY COUNCIL OF THE A, CITY OF EDGEWATER, LORIDA c, • "? 3c: ZaCt , By: I ASP' Ion ' ' • • obin latusick Mike Ignasiak •.CiYy,Cilerk/Paralegal Mayor � � t '7 Jf, �o, 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 thiSd day legality by: Aaron R. Wolfe,Esquire of1J , 2016 under Agenda Item No. City Attorney 8 G . Doran, Sims,Wolfe,& Ciocchetti Str-ike-thr-eugh passages are deleted. Underlined passages are added. #2016-0-03 Instrument# 2016-084739 # 5 Book : 7251 Page : 1213 EXHIBIT "A" LEGAL DESCRIPTION PARCEL l: LOTS 1 THROUGH 7, INCLUSIVE, AND LOTS 15 THROUGH 18, INCLUSIVE, BLOCK "L", TOGETHER WITH THAT PORTION OF THE SOUTH OF MONROE STREET, LYING NORTHERLY OF, AND ADJACENT TO, SAID LOTS 1, 15 THROUGH 18, INCLUSIVE, BLOCK "L", BELLA VISTA SUBDIVISION, AS PER MAP THEREOF RECORDED IN MAP BOOK 10, PAGE 155, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. SAID BLOCK "L" AND MONROE STREET, NOW VACATED PER COUNTY RESOLUTION NO. 89-79 AS RECORDED IN OFFICIAL RECORDS BOOK 3289,PAGE 20, AND ALL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEASTERLY CORNER OF SAID LOT 5, BLOCK "L", SAID POINT OF BEGINNING ALSO BEING AT THE INTERSECTION OF THE WESTERLY R/W OF U.S. HIGHWAY NO. 1 AND THE NORTHERLY LINE OF MADISON STREET,AS SHOWN ON SAID BELLA VISTA SUBDIVISION; THENCE SOUTH 74°06'19" WEST ALONG THE NORTHERLY LINE OF SAID MADISON STREET, A DISTANCE OF 25.00 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID LINE A DISTANCE OF 200 FEET; THENCE NORTH 15°53'41" WEST A DISTANCE OF 125.00 FEET; THENCE SOUTH 74°06'19" WEST A DISTANCE OF 100.00 FEET; THENCE NORTH 15°53'41" WEST, A DISTANCE OF 155.00 FEET TO THE CENTERLINE OF SAID MONROE STREET, NOW VACATED, NORTH 74°06'19" EAST, ALONG SAID CENTERLINE A DISTANCE OF 325.00 FEET TO THE SOUTHWESTERLY R/W OF U.S. HIGHWAY NO. 1; THENCE SOUTH 15°53'41" EAST ALONG SAID R/W, A DISTANCE OF 255.00 FEET TO THE P.C. OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 25.00 FEET, AND A CENTRAL ANGLE OF 90°00'00"; THENCE ALONG THE ARC OF SAID CURVE A DISTANCE OF 39.27 FEET TO THE P.T. OF SAID CURVE AND TO THE POINT OF BEGINNING. PARCEL 2: LOTS 6, 7 AND 8, BLOCK "K", TOGETHER WITH THAT PORTION OF THE NORTH OF MONROE STREET,LYING SOUTHERLY OF,AND ADJACENT TO, SAID LOTS 6, 7 AND 8, BLOCK "K", BELLA VISTA, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN MAP BOOK 10, PAGE 155, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. SAID BLOCK "K", AND MONROE STREET, NOW VACATED, PER COUNTY 5 Stfike-thceugh passages are deleted. Underlined passages are added. #2016-0-03 Instrument# 2016-084739 # 6 Book : 7251 Page : 1214 Diane M. Matousek Volusia County, Clerk of Court RESOLUTION NO. 89-79, AS RECORDED IN OFFICIAL RECORDS 3289, PAGE 20, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTH LINE OF MADISON STREET WITH THE WEST LINE OF DIXIE HIGHWAY (U.S. HIGHWAY NO. 1), AS SHOWN ON THE AFOREMENTIONED PLAT OF BELLA VISTA; THENCE RUN NORTHERLY ALONG SAID WEST LINE OF DIXIE HIGHWAY (U.S. HIGHWAY NO. 1) FOR A DISTANCE OF 280.00 FEET TO THE CENTERLINE OF NOW VACATED MONROE STREET; THENCE RUN WESTERLY ALONG SAID CENTERLINE FOR A DISTANCE OF 125.00 FEET, FOR THE POINT OF BEGINNING; THENCE CONTINUE WESTERLY ALONG SAID CENTERLINE FOR A DISTANCE OF 150.00 FEET; THENCE RUN NORTHERLY AND AT A RIGHT ANGLE TO THE LAST DESCRIBED LINE FOR A DISTANCE OF 155.00 FEET; THENCE RUN EASTERLY AND AT A RIGHT ANGLE TO THE LAST DESCRIBED LINE FOR A DISTANCE OF 150.00 FEET; THENCE RUN SOUTHERLY AND AT A RIGHT ANGLE TO THE LAST DESCRIBED LINE FOR A DISTANCE OF 155.00 FEET TO THE POINT OF BEGINNING. Containing 2.62±acres 6 Strike passages are deleted. Underlined passages are added. #2016-0-03 4 ORDINANCE NO.2016-0-03 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-4 (GENERAL COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR 2.62± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3290 S. RIDGEWOOD AVENUE AND 3300 S. RIDGEWOOD 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. Aluminum Plus, is the applicant for property located at 3290 S. Ridgewood Avenue and 3300 S. Ridgewood Avenue, within Volusia County, Florida. Subject property contains approximately 2.62± 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 January 13, 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 1 Strike through passages are deleted. Underlined passages are added. #2016-0-03