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2020-O-01 - Hacienda RZ 2/10/202011:33:35 AM Instrument#2020027998#1 B00k:7812 Page:2705 ORDINANCE NO.2020-0-01 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CITY B-3 (HIGHWAY COMMERCIAL) TO CITY MR-1 (MOBILE HOME PARK FOR 17.29t ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3757 SOUTH RIDGEWOOD AVENUE AND THE TWO VACANT PARCELS TO THE SOUTH, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABH.ITY 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. Sun Hacienda Del Rio, LLC is the owner of property located at 3757 South Ridgewood Avenue and the two vacant parcels to the south within Volusia County, Florida. Subjmtproperty contains approximately 17.29t acres. 2. Glenn D. Starch has submitted an application on behalf of the owners for a change in zoning classification from B-3 (Highway Commercial) to MH-1 (Mobile Home Park)for the property described herein. 3. On December 11,2019, 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. Stnkedweeghpassages are deleted. 1 Underlindpassages are added. 2020-0-01 Instrument#2020027998 p2 Book:7812 Page:2706 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 B-3 (Highway Commercial)to MH-1 (Mobile Home Park),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 declued 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. 8#d.ihFeugI,passages are deleted. 2 Underlined passages are added. 2020-t?01 Instrument#2020027998#3 Book:7812 Pa9e:2707 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. EFFECFIVEDATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilman Conroy and second by Councilwoman Power,the vote on the first reading of this ordinance on January 6,2020 was as follows: AYE NAY Mayor Mike Thomas X — Councilwoman Christine Power X — Councilwoman Kimberly Yaney X — Councilwoman Megan O'Keefe X — Councilmen Gary Conroy X — After a motion by Councilwoman O'Keefe with second by Councilwoman Power the vote on second reading/public hearing of this ordinance is as follows: AYE NAY Mayor Mike Thomas ABSENT Councilwoman Christine Power Councilwoman Kimberly Yaney — Councilwoman Megan O'Keefe '— — Vice-Mayor Gary Conroy �+ SaiketFveuggpassages are deleted. 3 Underlined passages are added. 2020.0-01 Instrument#2020027998 94 Book:7812 Page:2708 PASSED AND DULY ADOPTED this 3`4 day of February,2020. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA � aiiaeare By:l_ Robin L.Matusick,CMC G Co oy City Clerk V May r 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 3r°day of legality by: Aaron R.Wolfe,Esquire February,2020 under Agenda Item No. 8c. City Attorney Doran, Sims, Wolfe, Ciocchetti & Yoon St ikesaenghpassages are deleted. 4 Underlined oassages are added. 2020-0-01 Instrument#2020027998#5 Book:7812 Page:2709 EXHIBIT"A" LEGAL DESCRIPTION Parcel"A„ A portion of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East lying Easterly of U.S. Highway No. 1, a portion of Lot 1, Assessor's Subdivision of the C.E. McHardy Grant according to the map of plat thereof as recorded in Map Book 3,Page 152 of the Public Records of Volusia County, Florida and a portion of U.S. Lot 3, Section 13,Township 18 South,Range 34 East lying Easterly of U.S. highway No. 1,all being more particularly described as follows: For a point of beginning, commence at the intersection of the Westerly line of the C.E. McHardy Grant. Section 49, Township 18 South, Range 34 East and the South line of the North 52.465 chains of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East, said point being marked by a 1-inch iron pipe; thence N 68058'50" E, along said South line of the North 52.465 chains of the Jane Murray Grant, a distance of 136.56 feet; thence S 22057'19" E, parallel with the Easterly line of U.S. Highway No. 1, a distance of 621.88 feet; thence S 67002'41" W, a distance of 300.00 feet to the Easterly line of U.S. Highway 1; thence N 22057'19"W,along the Easterly line of U.S. Highway No. 1. A distance of 632.00 feet to said South line of the North 52.465 chains of the Jane Murray Grant; thence N 66068'50" E, along said South line of the North 52.465 chains of the Jane Murray Grant, a distance of 163.81 feet to the point of beginning. Parcel"B" A Portion of Lot 1, Assessor's Subdivision of the C. E. McHardy Grant according to the map or plat thereof as recorded in Map Book 3, Page 152 of the Public Records Volusia County, Florida and a portion of U.S. Lots 3 and 4, Section 13,Township 18 South,Range 34 East lying Easterly of U.S. Highway No. 1, all being more particularly described as follows: Commence at the intersection of the Westerly line of the C.E. McHardy Grant, Section 49, Township 18 South, Range 34 East and the South line of the North 52.465 chains of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East, said point being marked by a 1- inch iron pipe; thence N 68058'50" E, along said South line of the North 52.465 chains of the Jane Murray Grant, a distance of 136.56 feet; thence S 22057' 19" E, parallel with the Easterly line of U.S. Highway No. 1, a distance of 811.86 feet for the point of beginning; thence continue S 22057'19" E, parallel with the Easterly line of U.S. Highway No. 1, a distance of 1281.79 feet; thence S 67002'41" W, a distance of 300.00 feet, to the Easterly line of U.S. Highway No. 1; thence N 22057' 19" W, along the Easterly line of U.S. Highway No. 1, a distance of 1371.79 feet;thence N.67°02'41"E,a distance of 300.00 feet to the point of beginning. Parcel"C" A portion of Lot 1, Assessors Subdivision of the C.E. McHardy Grant according to the map or plat thereof as recorded in Map Book 3, Page 152 of the Public Records of Volusia County, Florida and a portion of U.S. Lot 4, Section 13,Township 18 South,Range 34 East lying easterly of U.S. Highway No. 1, being described as follows: Commence at the Intersection of the Westerly line of the Jane Murray Grant and C. E. McHardy Grant, Section 49, Township 18 South, Range 34 East and the South line of the North 52.465 chains of the Jane Murray Grant, Sections 48 and 49,Township 18 South,Range 34 East,said point being marked by a 1-inch iron S§4e4hrengltpassages are deleted. 5 Underlinedoassages are added. 2020-0-01 Instrument#2020027998#6 Book:7812 Page:2710 pipe;thence N 68058'50"E, along said South line of the North 52.465 chains of the lane Murray Grant,a distance of 136.56 feet;thence South 22057'19"East,parallel with the Easterly line of U.S. Highway No. 1, a distance of 2193.65 feet for the point of beginning:thence continue South 22' 57' 19" East, parallel with the Easterly line of U.S. Highway No. 1, a distance of 458.51 feet; thence South 68'40'14", West, a distance of 300.12 feet to the Easterly line of U.S. Highway No. 1; thence North 22057'19"West,along said Easterly line of U.S. Highway No. 1, a distance of 450.00 feet; thence North 67'02'41" east, a distance of 300.00 feet to the point of beginning, except the Northerly 80.00 feet of the Southerly 100.00 feet of the Westerly 80.00 feet thereof. Containing 17.29 acres more or less. Straketgreaghpassages are deleted. 6 Underlined passages are added. 2020-0-01 Instrument#2020027998#7 Book:7812 Page:2711 Laura E. Roth.Volusia County Clerk of Court PA S16 r` s Lyn119LLY�� i 7 J m A A F w Nm 6 n�} as o � o 9 ry � N ORDINANCE NO.2020-O-01 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM CITY B-3 (HIGHWAY COMMERCIAL) TO CITY MH-1 (MOBILE HOME PARK FOR 17.29f ACRES OF CERTAIN REAL PROPERTY LOCATED AT 3757 SOUTH RIDGEWOOD AVENUE AND THE TWO VACANT PARCELS TO THE SOUTH, EDGEWATER, FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABH.ITY 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. Sun Hacienda Del Rio, LLC is the owner of property located at 3757 South Ridgewood Avenue and the two vacant parcels to the south within Volusia County, Florida. Subject property contains approximately 17.29t acres. 2. Glenn D. Storch has submitted an application on behalf of the owners for a change in zoning classification from B-3 (Highway Commercial) to MH-1 (Mobile Home Park)for the property described herein. 3. On December 11, 2019, 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. Soikethreagkpassages are deleted. I Underlined passages are added. 2020-0-01 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 B-3 (Highway Commercial)to MH-1 (Mobile Home Park),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. PARTC. 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. PARTD. 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. 9#4w-threugltpassages are deleted. 2 Underl fined passages are added. 2020-0-01 PARTE. 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. PARTF. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilman Conroy and second by Councilwoman Power,the vote on the first reading of this ordinance on January 6, 2020 was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Kimberly Yaney X Councilwoman Megan O'Keefe X Councilman Gary Conroy X After a motion by Councilwoman O'Keefe with second by Councilwoman Power the vote on second reading/public hearing of this ordinance is as follows: AYE NAY Mayor Mike Thomas ABSENT Councilwoman Christine Power Councilwoman Kimberly Yaney Councilwoman Megan O'Keefe Vice-Mayor Gary Conroy Stgketlxeughpassages are deleted. 3 Underlined passages are added. 2020-0-01 PASSED AND DULY ADOPTED this P day of February,2020. ATTEST: CITY COUNCIL OF THE CITY OF ED,GEEWJATER,FLORIDA � � atslG By: !. Robin L. Matusick, CMC G Co oy City Clerk V Ma r 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 P day of legality by: Aaron R.Wolfe,Esquire February, 2020 under Agenda Item No. 8c. City Attorney Doran, Sims, Wolfe, Ciocchetti & Yoon passages are deleted. 4 Underlined passages are added. 2020-0-01 EXE RBIT"A" LEGAL DESCRIPTION Parcel"A" A portion of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East lying Easterly of U.S. Highway No. 1, a portion of Lot 1, Assessor's Subdivision of the C.E. McHardy Grant according to the map of plat thereof as recorded in Map Book 3, Page 152 of the Public Records of Volusia County, Florida and a portion of U.S. Lot 3, Section 13, Township 18 South, Range 34 East lying Easterly of U.S. highway No. 1, all being more particularly described as follows: For a point of beginning, commence at the intersection of the Westerly line of the C.E. McHardy Grant. Section 49, Township 18 South, Range 34 East and the South line of the North 52.465 chains of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East, said point being marked by a 1-inch iron pipe; thence N 68058'50" E, along said South line of the North 52.465 chains of the Jane Murray Grant, a distance of 136.56 feet; thence S 22057'19" E, parallel with the Easterly line of U.S. Highway No. 1, a distance of 621.88 feet; thence S 67002'41" W, a distance of 300.00 feet to the Easterly line of U.S. Highway 1; thence N 22057'19" W, along the Easterly line of U.S. Highway No. 1. A distance of 632.00 feet to said South line of the North 52.465 chains of the Jane Murray Grant; thence N 66068'50" E, along said South line of the North 52.465 chains of the Jane Murray Grant, a distance of 163.81 feet to the point of beginning. Parcel"B" A Portion of Lot 1, Assessor's Subdivision of the C. E. McHardy Grant according to the map or plat thereof as recorded in Map Book 3, Page 152 of the Public Records Volusia County, Florida and a portion of U.S. Lots 3 and 4, Section 13, Township 18 South, Range 34 East lying Easterly of U.S. Highway No. 1, all being more particularly described as follows: Commence at the intersection of the Westerly line of the C.E. McHardy Grant, Section 49, Township 18 South, Range 34 East and the South line of the North 52.465 chains of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34 East, said point being marked by a 1- inch iron pipe; thence N 68058'50" E, along said South line of the North 52.465 chains of the Jane Murray Grant, a distance of 136.56 feet; thence S 22057' 19" E, parallel with the Easterly line of U.S. Highway No. 1, a distance of 811.86 feet for the point of beginning; thence continue S 22057'19" E, parallel with the Easterly line of U.S. Highway No. 1, a distance of 1281.79 feet; thence S 67002'41" W, a distance of 300.00 feet, to the Easterly line of U.S. Highway No. l; thence N 22057' 19" W, along the Easterly line of U.S. Highway No. 1, a distance of 1371.79 feet;thence N.67002'41"E,a distance of 300.00 feet to the point of beginning. Parcel"C" A portion of Lot 1, Assessors Subdivision of the C.E. McHardy Grant according to the map or plat thereof as recorded in Map Book 3, Page 152 of the Public Records of Volusia County, Florida and a portion of U.S. Lot 4, Section 13, Township 18 South, Range 34 East lying easterly of U.S. Highway No. 1, being described as follows: Commence at the Intersection of the Westerly line of the Jane Murray Grant and C. E. McHardy Grant, Section 49, Township 18 South, Range 34 East and the South line of the North 52.465 chains of the Jane Murray Grant, Sections 48 and 49,Township 18 South,Range 34 East,said point being marked by a 1-inch iron gbalw4Hh aghpassages are deleted. 5 Underlined passages are added. 2020-0-01 pipe;thence N 68058'50"E, along said South line of the North 52.465 chains of the Jane Murray Grant, a distance of 136.56 feet; thence South 22057'19" East, parallel with the Easterly line of U.S. Highway No. 1, a distance of 2193.65 feet for the point of beginning: thence continue South 220 57' 19" East, parallel with the Easterly line of U.S. Highway No. 1, a distance of 458.51 feet; thence South 68040'14", West, a distance of 300.12 feet to the Easterly line of U.S. Highway No. 1; thence North 22°57'19" West, along said Easterly line of U.S. Highway No. 1, a distance of 450.00 feet; thence North 67002'41" east, a distance of 300.00 feet to the point of beginning, except the Northerly 80.00 feet of the Southerly 100.00 feet of the Westerly 80.00 feet thereof. Containing 17.29 acres more or less. Stye-tbrexgh assages are deleted. 6 Underlinedoassagesareadded. 2020-0-01 F 3 IF-I WP'�� ��f 4 r 8 ;e y1a Hn��O` 3w b 'O q a o a G N N