2002-O-06
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rumenU 2005098058 # 1
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ORDINANCE NO. 2002-0-06
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-9 (GENERAL
OFFICE) TO B-3 (HIGHWAY COMMERCIAL) FOR
PROPERTY LOCATED AT THE NORTHEAST CORNER OF
PALM BREEZE DRIVE AND U. S. HIGHWAY #1,
EDGEWATER, FLORIDA; 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. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
s~ ~9? has submitted an application requesting a change in zoning classification for property owned by
rvD,
'\' ( Betty Brooks. The subject property is located at the Northeast comer of Palm Breeze Drive and U.
S. Highway #1, containing approximately .61 acres. The requested zoning change would be from
County B-9 (General Office) to City B-3 (Highway Commercial) for the property described herein.
2. In a letter dated April 4, 2002, the City of Edgewater notified the owners of the
property of the pending rezoning for their property.
3. On May 9,2001, the Local Planning Agency (Planning and Zoning Board) considered
the request for a change in zoning classification and by a vote of 6 - 0, the Board recommended that
the City Council approve the request.
4. On May 6, 2002, 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
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Inst rumentlt 2005-0980~}8 it 2
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April 25, 2002.
5. On May 20, 2002, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 9, 2002, 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.
NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, 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
B-9 (General Office) to City B-3 (Highway Commercial):
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2002-0-06
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The following described real property all lying and being in the County of V olusia
and State of Florida.
A portion ofU. S. Lot 6, Section 2, Township 18 South, Range 34 East lying Easterly
ofU. S. Highway No. I and being more particularly described as follows: Commence
at the intersection of the South line of said U. S. Lot 6 and the Easterly R/W ofD. S.
Highway No. I; thence N 260 41' 40" W along the Easterly R/W ofU. S. Highway
No. I, a distance of 55.99 feet for the POB, thence continue N 260 41' 40" Walong
said R/W a distance of84.01 feet; thence N 770 09' 50" E, a distance of228.78 feet;
thence S 120 50' 10" E a distance of 108.03 feet; thence S 770 09' 50" W, a distance
of 93.02 feet; thence N 890 56' 40" W, a distance of 118.63 feet to the Point of
Beginning.
Containing .61 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 EDGEW A TER, 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
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rument# 2005-0980~}8 II 4
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circumstance.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTF.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on May 6, 2002, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Counc ilman Brown
and Second by Councilwoman Rhodes
the vote on the second reading of this ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
---X-
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
EX~lI~pci
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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2002-0-06
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Instruentt 2005-09M t 5
Book: 5533 O
Page: 4869
PASSED AND DULY ADOPTED this 20th day of May, 2002.
ATTEST:
r ✓�ti-
irrrm-i-: 8'f tHw n-th Lisa B1
City Clcrk - Deputy
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
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2002-0-06
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLO
By: c h u�
Donald A. Schmidt
Mayor
J
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th
day of May, 2002 under Agenda Item No.
6B
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