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2018-O-04 - 4233 S Ridgewood Avenue RZ 3/9/2018 9:41:43 AM Instrument#2018048569#1 Book:7517 Page:1741 ORDINANCE NO. 2018-0-04 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-5 (GENERAL COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR 1.49± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 4233 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. Chiming Yu, is the applicant on behalf of MAS Investments, LLC owner of property located at 4233 South Ridgewood Avenue,within Volusia County, Florida. Subject property contains approximately 1.49±acres. 2. The owners have submitted an application for a change in zoning classification from County B-5 (General Commercial)to City B-3 (Highway Commercial)for the property described herein. 3. On January 10, 2018, 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. passages are deleted. I Underlined passages are added. #2018-0-04 Instrument#2018048569#2 Book:7517 Page:1742 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. CIIANGE IN ZONING CLASSIFICATION OF CERTAIN REAL PROPERTY WITHIN THE CITY OF EDGEWATER,FLORIDA. The zoning classification is hereby changed from County B-5 (General Commercial) to City B-3 (Highway Commercial), 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. Strike passages are deleted. 2 Underlined passages are added. #2018-0-04 Instrument#2018048569#3 Book:7517 Page:1743 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 Councilwoman Vogt, the vote on the first reading of this ordinance held on February 5,2018 was as follows: AYE NAY Mayor Mike Ignasiak X_ Councilwoman Christine Power X Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary T. Conroy X Strike-through passages are deleted. 3 Underlined passages are added. #2018-0-04 Instrument#2018048569#4 Book:7517 Page:1744 After Motion to approve by z_4_, G<1.*,-,6---Y.).„ f ir3t with , Second by = nclk,c'Le ".-":-c-r-) , the vote on the second reading/public hearing of this ordinance held on March 5, 2018,was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power �. Councilwoman Amy Vogt ;19,TY2C� Councilman Dan Blazi \� Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 5th day of March,2018. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA • ` • sy /�j'; �v�l :II • .e* Matusick Mike Ignasiak \City Clerk/Paralegal Mayor . .,'� .`For thie 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 5th day of legality by: Aaron R. Wolfe,Esquire March,2018 under Agenda Item No. 8 `i . City Attorney Doran,Sims,Wolfe&Ciocchetti Strike-through passages are deleted. 4 Underlined passages are added. #2018-0-04 Instrument#2018048569#5 Book:7517 Page:1745 EXHIBIT"A" LEGAL DESCRIPTION THE WESTERLY 200 FEET OF LOT 4, PLAT OF RIVERFRONT ESTATES UNIT NO. 2, LESS AND EXCEPT ANY PORTION TAKEN FOR STATE ROAD PURPOSES, ACCORDING TO THE PLAT THEREOF. RECORDED IN MAP BOOK 19, PAGE 31 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. Containing 1.49=acres more or less Cilie threugR passages are deleted. 5 Underlined passages are added. #2018-0-04 Instrument#2018048569#6 Book:7517 Page:1746 � ' g.� a - ` - t '� r ‘ fi d,` p U y !� •\ C • t • \ - co 4 00 \1 y G :--,,,v-----2-'''.1-'-'.. -.r_r-:yr-s•.-.c CUNTON CEMETERY RD `t� ;V 0°1OR EDGEWATE/i f '� Z0 I- 0 • L M ®Subject Propertyo� %Er. DYc,v 1. Instrument#2018048569#7 Book 7517 Page:1747 Laura E. Roth, Volusia County Clerk of Court iii . 1 , , �! ,........„.......0;;\ 1 \ —rye. 2i • �4...e:! - \ . ,,....)._ .ti. . iI [..,.. N . L4 ! IJ IIIt i1n .,, 1 ii I 1.! i i. tai i sv ' °�k'1 \ ++ +44-1i 4.49T.; s+.V S" K r. .r r ?'). ,or. • ,. $ f t'z:, 3' g. - r* 4.�o-h4- aSk;' y4 4-'P44k '4?` t'4 ,x J. . 'c r lK F. 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