2020-O-40 - Hanan RZ1/12/2021 1:55:47 PM Instrument #2021008016 #1 Book:7971 Page:4571
ORDINANCE NO. 2020-0-40
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4 (GENERAL
COMMERCIAL) AND R -3W (URBAN SINGLE FAMILY
RESIDENTIAL) TO CITY B-3 (HIGHWAY
COMMERCIAL) FOR 3.42± ACRES OF CERTAIN REAL
PROPERTY LOCATED AT SOUTH OF 3042 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. Roy -Travis
Hanan,
is the owner of property
located south of 3042 South
Ridgewood Avenue,
within
Volusia County, Florida.
Subject property contains
approximately 3.42± acres.
2. The owner has submitted an application for a change in zoning classification from
County B-4 (General Commercial) and R -3W (Urban Single Family Residential) to City B-3
(Highway Commercial) for the property described herein.
3. On November 11, 2020, 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
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2020-0-40
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facilities.
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 B-4 (General Commercial) and R -3W
(Urban Single Family Residential) 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,
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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. Councilwoman
O'Keefe, the vote on the first reading of this ordinance held on December 7, 2020, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
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Instrument #2021008016 #4 Book:7971 Page:4574
After Motion to approve by l C !A'WE'D with
Second byl 2;fl&,I't)c"?�'�ta��1 (D°hie the vote on the second
reading/public hearing of this ordinance held on January 11, 2021 was as
follows:
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
Councilman Jonah Powers
AYE NAY
PASSED AND DULY ADOPTED this 11"' day of January, 2021.
ATTEST: CITY COUNCIL OF THE
f CITY OF EDGEWATER, FLORIDA
Bonnie Brown, CMC
City Cleric
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Yoon
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2020-0-40
Approved by the City Council of the City of
Edgewater at a meeting held on this 11 "' day of
January, 2021, under Agenda Item No.
8.
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Instrument #2021008016 #5 Book:7971 Page:4575
EXHIBIT "A"
LEGAL DESCRIPTION
Commence at the intersection of the Southerly line of Lot. 1, Bella Vista Unit No. 3, per Map
Book 9, Page 298, of the Public Records of Volusia County, Florida and the Easterly R/W line of
U. S. Highway No. 1; thence North 68° 41' East 1075.19 feet along the Southerly line of said Lot
1; thence North 16° 19' West 175.09 feet for the Point of Beginning; thence continue North
16°19' West 124.9 feet; thence South 68°41' West 75 feet, thence South 16°19' East 124.9 feet;
thence North 68°41' East 75 feet to the Point of Beginning.
Together with the right to us a 50 foot easement known as (South Cory Drive) described as
follows:
Commence at the intersection of the Southerly line of Lot 1, Bella Vista Unit No. 3 per Map
Book 9, Page 298, of the Public Records of Voiusia County, Florida and the Easterly R/W line of
U. S. Highway No. 1; thence North 16°19' West 149.9 feet for the Point of Beginning; thence
North 68°41' East 425 feet; thence South 16°19' East 25 feet; thence North 68° 41' East 650.19
feet; thence North 16°'19 West 50.19 feet; thence South 68° 41' West 600 feet; thence North
16°19' West 25 feet; thence South 68°41' West 475.19 feet to the Easterly R/W line of U. S.
Highway No. 1; thence South 16°19' East 50.19 feet along the said Easterly R/W line to the Point
of Beginning. All lying and being in Lot 1 of the said Bella Vista Unit No. 3.
Containing .21 acres more or less
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2020-0-40
M.
Instrument #2021008016 #6 Book:7971 Page:4576 Laura E. Roth, Volusia County Clerk of Court
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