2007-O-0404/23/2007 02:25 PH
0 Iristnmenti 2007-092622 i 1
Book: 6047
. Page: 2997
ORDINANCE NO.2007-"4
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 2.08 ACRES LOCATED AT 1620
EDGEWATER DRIVE, EDGEWATER, FLORIDA, FROM
CITY R-3 (SINGLE-FAMILY RESIDENTIAL) TO CITY B-3
(HIGHWAY COMMERCIAL); 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. Dennis Brinn, agent for Sunshine State Bank, applicant on behalf of Indian River
Baptist Church, owner/applicant of property located at 1620 Edgewater Drive, within Volusia
County, Florida. Subject property contains approximately 2.08 ± acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from City R-3 (Single Family Residential) to City B-3 (Highway Commercial) for the
property described herein.
3. On January 10, 2007, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On March 5, 2007, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
February 22, 2007.
5. On April 9, 2007, the City Council held a public hearing on the application after
St,nektleoogh passages are deleted.
Underlined passages are added.
2007-0-04 1
Instruent6 2007-092622 i 2
Book: 6047
0 OPa9e: 2996
0
publishing notice of such hearing in the Observer on March 29, 2007, and notifying by mail all
property owners who own real property directly affected by the proposed action and all property
owners who own real property within 300 feet of the subject property.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established land
use pattern.
8. The proposed change in zoning classification will not adversely impact public
facilities.
9. Changed or changing conditions make the proposed amendment necessary.
10, The proposed change in zoning classification will not have an adverse effect on the
natural environment.
11. The proposed change will not have a negative effect on the character of the
surrounding area.
12. The City Council finds that the requested rezoning does not affect a large portion of
the public, but rather has impact on a limited number of persons or property owners.
13. The City Council finds that the requested rezoning is a decision contingent on a fact
or facts arrived at from distinct alternatives and that the requested rezoning decision can be
functionally viewed as policy application, rather than policy setting.
14. The City Council finds the consideration of this rezoning to be a quasi-judicial act
rather than a legislative act of the City Council.
Shack Onongh passages are deleted.
Underlined passages are added.
2007-0-04 2
Irstrurtenti 2007-092M f 3
OBook: 6047
Page: 2999
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 City
R-3 (Single Family Residential) to City B-3 (Highway Commercial).
The following described real property all lying and being in the County of Volusia
and State of Florida.
Part of Lots 5 and 6, Hatch's Homestead and the East 7 feet of the North 47.48 feet
of Lot 20, Edgewater Heights and the East 7 feet of Lots 18 and 19, Edgewater
Heights being more particularly described as follows:
Commence at the Southeast corner of Lot 2, Hatch's Homestead in U.S. Lot 1,
Section 2, Township 18 South, Range 34 East as recorded in Map Book 3, Page 81
of the Public Records of Volusia County, Florida: thence N 89018' W, a distance of
13.50 feet along the South line of said Lot 2; thence North along the West line of
Edgewater Drive, a distance of 735.00 feet for the Point of Beginning: thence
continue North, a distance of 200.00 feet to the South line of Coquina Street, a 30
foot Right of Way as now laid out: thence N 890 4T W, along the South Line of said
Coquina Street, a distance of 375.97 feet; to the Northeast corner of Lot 17,
Edgewater Heights per map Book 8, Page 299 of the Public Records of Volusia
County, Florida; thence South, along the East line of said Lot 17, a distance of 80.00
feet to the Southeast comer of said Lot 17, thence N 890 43' W, along the South line
of said Lot 17, a distance of 7.00 feet; thence South a distance of 207.48 feet; thence
East a distance of 7.00 feet; thence N 67028' E, a distance of 58.51 feet; thence S
22032' E, a distance of 100 feet to the Northerly Right of Way of Eaton Road, a 50
foot Right of Way as now laid out; thence N 67028' E, along said Northerly line of
Eaton Road, a distance of 35.00 feet; thence N 22032' W, a distance of 90.00 feet;
thence N 67028' E, a distance of 158.38 feet; thence S 89018' E, a distance of 139.42
feet, to the Point of Beginning.
ALSO INCLUDING:
Lot 6, Lowd's Subdivision of Lot 2, Section 2, Township 18 South, Range 34 East,
w shown on Map Book 3, Page 81 ofthe Public Records of Volusia County, Florida.
Shack ihrengh passages are deleted.
Underlined passages are added.
2007-0-04
InstrLmentx 2007-092622 i 4
Book: 6047
0 OPage: 3000
Containing 2.08 ± acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
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 by a court of competentjurisdiction, such holding shall not affect the remaining
portions of this ordinance. Ifthis ordinance or any provisions thereof shall be held to be inapplicable
to any person, property, or circumstances by a court of competentjurisdiction, such holding shall not
affect its applicability to any other person, property, or circumstance.
PART E. RECORDING.
Upon approval and execution, this document shall he delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
ugh passages are deleted.
Underlined passages are added.
2007-0-04
Instruenti 2007-092622 t 5
Book: 6047
Q OPage: 3001
PART G. ADOPTION.
After Motion to approve by Councilwoman Rhodes and Second by Councilwoman Lichter,
the vote on the first reading of this ordinance held on March 5, 2007 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
After Motion to approve by Councilwoman Lichter and Second by
Co,mr llman vir ,,r,�t , the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Debra J. Rogers x
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes Absent
Councilwoman Judy Lichter x
9tuck thmagi passages are deleted.
Underlined passages are added.
2007-0-04 5
Instn tt 2007-002622 U 6
Wook: 6047
O age; 3002
PASSED AND DULY ADOPTED this 9th day of April, 2007.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
&mek diroogh passages are deleted.
Underlined passages are added.
2007-0-04
CITY COUNCIL OF THE
CITY OF EDGEWATE FLORI A
BYOy:/ /
LL�
ike Thomas
ayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 9th day of
April, 2007 under Agenda Item No. 7 F .
Irr~ti 2007: 092622 t 7
B&Ok : 6047
Page_ 3003
Diane M. Matousek
Volusia County, Clerk of Court
Vim" ;r
c `®1�
\d
�V��C
tr
w
0
z
1 >
K
�0 o
QU
LU
L9
�U a w° � tea'
0 rn Z IL W
w w P o> CENTRAL Z
0 pO O n� Q Q MARINERSy
�pGEWw DR
ATER P� \ nCOCO PALM 0
�Oy-(Y' i d HILL ST'
2
YOZ p FOGOr'OQPv
�i9 2 66 PALM1� OP G�sy r� S
' y C� RIO DE ON ST �90 ti
%NDIO �. P��O� Y'me
tio
1p
Ou 7r �ty� a z F N PpyMOR r ,.0
�ao NA71ayW �P
� � p
I,
w
v