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2000-O-34u 12/;6/2000 07:08 Ins YYment # 2000-236092 Dr- 6k.: 4627 Face: 4208 v ORDINANCE NO.2000-0-34 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY A-2 (RURAL AGRICULTURAL) TO CITY I-1(LIGHT INDUSTRIAL) FOR PROPERTY LOCATED AT 635 AIRPARK ROAD; AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. John S. Massey, authorized agent for Massey Enterprises, has submitted an application for a change in zoning classification from County A-2 (Rural Agricultural) to I-1 (Light Industrial) for the property described herein. 2. On October 11, 2000, the Local Planning Agency considered the application for change in zoning classification and by a vote of 6-0 the Board recommended that the City Council approve the request. 3. On December 4, 2000, 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 November 23, 2000. 4. On December 18, 2000, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on December 7, 2000, 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 500 feet of the subject property. ShvcMh,eayh passages are deleted. Underlined passages are added. 2NO-0-34 ,., Book: Pc '8: -.' i.'.627 4209 ". 5. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 6. The proposed change in zoning classification is not contrary to the established land use pattern. 7. The proposed change in zoning classification will not adversely impact public facilities. 8. Changed or changing conditions make the proposed amendment necessary. 9. The proposed change in zoning classification will not have an adverse effect on the natural environment. 10. 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 EDGEW A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County A-2 (Rural Agricultural) to 1-1 (Light Industrial): As a point of reference, commence at a 11/2 inch pipe marking the southeast corner of U. S. Lot 4, Section 31, Township 17 South, Range 34 East; thence S 69015'31" W along the northerly line of the Samuel Betts Grant, Section 54, Township 17 South, Range 34 East, as now monumented, a distance of232.13 feet to the westerly right- of-way line of a 200 foot wide runway and for the POINT OF BEGINNING: thence S 69015'31" W along the northerly line of the said Samuel Betts Grant, a distance of 458.63 feet; thence S 20047'27" E along the easterly line of Lot 137 of the said Samuel Betts Grant and its southerly prolongation, a distance of 699.59 feet; thence N 69013'38" E a distance of283.86 feet to the westerly right- Stll1ck tlIlOtl~I, passages are deleted. Underlined passages are added. 2000-0-34 2 ~ Book: p c.....,IS : 4627 4210 of-way line of the aforesaid 200 foot wide runway; thence N 06045'31" W along the westerly right-of-way of said 200 foot wide runway to the POINT OF BEGINNING, and also a 50 foot wide strip of land measured at right angles to the northerly line of said Samuel Betts Grant, lying immediately north of and contiguous to the above described property the easterly line of which is the westerly right-of- way line of the said 200 foot wide runway, and the westerly line of which is the northerly prolongation of a line lying 50 feet easterly of and parallel to the easterly line of said Lot 137, of said Samuel Betts Grant and a 75 foot wide strip ofland, as measured at right angles to the northerly line of Lot 137, of said Samuel Betts Grant, the southerly line of which is the northerly line of said Lot 137, Samuel Betts Grant, the westerly line is the easterly right-of-way line of Airpark Road, an 80 foot wide County road, and the easterly line is the northerly prolongation of a line lying 50 feet easterly of an parallel to said Lot 137, Samuel Betts Grant. PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Planning 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 Stmek tIlIOtIgh passages are deleted. Underlined passages are added. 2000-0-34 3 "" Book: P e....,r : 462? 4211 circumstance. PART E. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART F. ADOPTION. After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the first reading of this ordinance held on December 4, 2000, was as follows: AYE NAY Mayor Donald A. Schmidt ~ Councilman James P. Brown ~ Councilman Dennis A. Vincenzi X Councilwoman Harriet E. Rhodes X Councilwoman Judy Lichter ~ After Motion by VI~( t... 2-; and Second by L; <..-, J-t./ , the vote on the second reading ofthis ordinance was as follows: AYE NAY Mayor Donald A. Schmidt ~ Councilman James P. Brown --1- -L- V. Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter ----L- Stl tick tl.1 MISI. passages are deleted. Underlined passages are added. 2000-0-34 4 O Book: 4627 Pr le: 4212 PASSED AND DULY ADOPTED this 18' day of December, 2000. For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner 5tnxk tot ougi passages are deleted. Underlined passages are added. 2000-0-34 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: 5a,�,aleL og'0,4 Donald A. Schmidt Mayor ��+ iilYl�rri tLVTX Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this —4p — day of fie,—ko- 2000 under Agenda Item No. 6 ,.,.. Bor.k: 4627 P6..fi: 42:1.3 Dia~M. Matousek Volusia County~ Clerk of Court .;. ~ ~ I i