2017-O-44 11/17/2017 1:51:49 PM
Instru ent# 2017223799 7 pages
Book: 7473 Page: 2154
Electronically Recorded By
Volusia County Clerk of the Court
ORDINANCE NO. 2017-0-44
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-5W (HEAVY
COMMERCIAL) TO CITY B-3 (HIGHWAY
COMMERCIAL) FOR .92± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 4265 SOUTH 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. Ron Engele, is the applicant on behalf of Tower Boyz, LLC, owner of property
located at 4265 South Ridgewood Avenue within Volusia County, Florida. Subject property
contains approximately .92±acres.
2. The applicant has submitted an application for a change in zoning classification
from County B-5W (Heavy Commercial) to City B-3 (Highway Commercial) for the
property described herein.
3. On September 13, 2017, 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.
2017-0-44
•
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-
SW(Heavy 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.
2017-0-44
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 Blazi,the
vote on the first reading of this ordinance held on October 2, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary Conroy X
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2017-0-44
After motion to approve by with second
by e-c)C..ei1 r i58e ,the vote on the second
reading/public hearing of this ordinance held on November 13,2017 was as follows:
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power
Councilwoman Amy Vogt \,
Councilman Dan Blazi �r
Councilman Gary Conroy
PASSED AND DULY ADOPTED this 13th day of November, 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
rJ� "
�± Rabin lIatusick = Mike Ignasiak
c City'Clerli/Parategal 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 13th day of
legality by: Aaron R. Wolfe, Esquire November, 2017 under Agenda Item No.
City Attorney 8 1 .
Doran, Sims, Wolfe&Ciocchetti
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2017-0-44
EXHIBIT "A"
LEGAL DESCRIPTION
The West 200 feet of Lot 5, Riverfront Estates Unit No. 2, according to the Plat thereof, recorded
in Map Book 19, Page(s) 31, of the Public Records of Volusia County, Florida. Less and except
any portion taken for State Road purposes. And being more particularly described as follows:
The Westerly 200 feet of Lot 5, lying Easterly of the 250 foot Right-Of-Way of State Road US-
1, as now laid out, as measured along the Northerly and Southerly lines of said Lot 5, Riverfront
Estates Unit No. 2, according to the plat thereof, recorded in Map Book 19, Page 31, of the
Public Records of Volusia County, Florida.
Containing.92±acres more or less and being in Volusia County, Florida
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2017-0-44
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