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2017-O-34 11/17/2017 1:51:49 PM Instrument# 2017223801 7 pages Book: 7473 Page: 2168 Electronically Recorded By Volusia County Clerk of the Court ORDINANCE NO. 2017-0-34 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL AGRICULTURE) AND I-4 (INDUSTRIAL PARK) TO CITY I-2 (HEAVY INDUSTRIAL) FOR 10± ACRES OF CERTAIN REAL PROPERTY LOCATED SOUTH OF RELOCATION ROAD AND EAST OF THE 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. The Charles J. Barry Revocable Trust are the owners of property located south of Relocation Road and east of the FEC Railroad, within Volusia County, Florida. Subject property contains approximately 10±acres. 2. The owners have submitted an application for a change in zoning classification from County A-3 (Transitional Agriculture) and I-4 (Industrial Park) to City 1-2 (Heavy Industrial) 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. QMik j passages are deleted. Underlined passages are added. 2017-0-34 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 is hereby changed from County A-3 (Transitional Agriculture) and I-4 (Industrial Park)to City I-2 (Heavy Industrial), for the property described in Exhibits "A" & B". 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. She- eugh-passages are deleted. 2 Underlined passages are added. 2017-0-34 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 Councilman Blazi with second by Councilwoman Power,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 mike-thre passages are deleted. 3 Underlined passages are added. 2017-0-34 After motion to approve by ( , -) yp with second by (14 rr )•6 , the vote on the second reading/public hearing of this ordinance held on n i , 2017 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi N. Councilman Gary Conroy PASSED AND DULY ADOPTED thisday o 2017. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA a 1141. i? y " By: � . .• Iain Matusick Mike Ignasiak \city lcrk/Paralegal Mayor dF For then use and -4!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 i day legality by: Aaron R. Wolfe, Esquire of rji„62_ ,2017 under Agenda Item No. City Attorney 8 �( . Doran, Sims,Wolfe&Ciocchetti Stfike4hreugh-passages are deleted. 4 Underlined passages are added. 2017-0-34 EXHIBIT "A" LEGAL DESCRIPTION A part of the Northwest 1/4 of Section 24, Township 18 South, Ranee 34 East and 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 1208.69 feet to the Easterly Right-of-Way line of Florida East Coast Railroad; thence South 22°35'17" East along said Easterly Right-of-Way line, a distance of 724.30 feet to the Point of Beginning: thence North 86°58' 19" East a distance of 763.85 feet; thence South 02°41'04" East a distance of 676.43 feet; thence South 86°18'56" West a distance of 517.39 feet to the said Easterly Right-of- Way of the Florida East Coast Railroad; thence North 22°35'17" West along said Right-of-Way a distance of 724.13 feet to the Point of Beginning. The Northerly 30 feet of the Easterly 245.80 feet of the above described property is reserved for a road and utility easement. Together with the right to use a 60 foot road and utility easement for ingress and egress. 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 3877.35 feet to the Westerly Right-of-Way line of U.S. Highway No. 1 a 158 foot Right-of-Way as now laid out; thence South 22°55'51" East along said Westerly Right-of-Way a distance of 693.33 feet for the Point of Beginning; thence South 86°58'19" West a distance of 2,132.80 feet; thence South 02°22'17" East a distance of 60.00 feet; thence North 86°58'19" East a distance of 2,155.21 feet to the said Westerly Right-of-Way of U.S. No. 1, thence North 22°55'5 1" West along the said Right-of-Way a distance of 63.81 feet to the Point of Beginning, being a part of Section 24. Township 18 South. Range 34 East. Volusia County, Florida. Containing 10= acres more or less and being in Volusia County, Florida Sifike-threugh passages are deleted. 5 Underlined passages are added. 2017-0-34 EXHIBIT "B" - .,, 10,...._ -0 o ctc, i.1 RE-1.0CM,a61 RC Ad \ \ 1 \ , \ ___, i 1 1:-oc:`,A rt R f DS bjecl Property ---A s'a a<... 1 Stri'• passages are deleted. 6 Underlined passages are added. 2017-0-34 , - , Mr- Air !WNW a c r. 40.400.00.\. •--.1 c._1 c O \ N U d 0 4.0 d gp > y\ d• d O 2 �' • M 4E. 3 f6 O� N ,� 0d d _ j iimmismoim I I t di' !! --1' CI i J e D ► 1a V o P� /. `OG Z I r 1 I 1 I ir p�C"C O N 0.egC O • co el d d E.m 3R cY i CO 0- v _ 1 1