2002-O-07
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ORDINANCE NO. 2002-0-07
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-9 (GENERAL
OFFICE) TO B-3 (HIGHWAY COMMERCIAL) FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
PALM BREEZE DRIVE AND U. S. HIGHWAY #1 AND TWO
ADDITIONAL VACANT PARCELS TO THE EAST ON PALM
BREEZE DRIVE, EDGEW A TER, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEW A TER; 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
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has submitted an application requesting a change in zoning classification for property owned by
Margaret Daniels. The subject property is located at the Southeast comer of Palm Breeze Drive and
U. S. Highway #1 and two (2) additional parcels located East on Palm Breeze Drive, containing
approximately .65 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.
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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
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 of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
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The zoning classification for the following described property is hereby changed from County
B-9 (General Office) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
and State of Florida.
PARCEL #1 - That portion of Government Lots 6 and 7, Section 2, Township 18
South, Range 34 East, V olusia County, Florida, being more particularly described as
follows: Commence at the intersection of the South line of said Government Lot 6,
and the Easterly Right of Way line ofU. S. Highway No.1; run thence S 890 56' 40"
E along said South line of Government Lot 6, a distance of 96.16 feet for the Point
of Beginning; thence continue S 890 56' 40" E along said South line, a distance of
2.84 feet; run thence N 770 09' 50" E, a distance of92.87 feet; run thence S 12050'
10" E, a distance of 105.8 feet; run thence S 790 07' W, a distance of95.7 feet; run
thence N 120 50' 10" W, a distance of 103.17 feet to the Point of Beginning. The
above-described property being also known as Lot 25, Palm Breeze, an unrecorded
subdivision.
PARCEL #2 - That portion of Government Lot 7, Section 2, Township 18 South,
Range 34 East, V olusia County, Florida, being more particularly described as
follows: Begin at the intersection ofthe South line of Government Lot 6, said Section
2, Township 18 South, Range 34 East, and the Easterly Right of Way line ofU. S.
Highway No.1; run thence S 890 56' 40" E along the South line of said Government
Lot 6, a distance of 96.16 feet; run thence S 120 50' 10" E, a distance of 103.17 feet;
run thence S 790 07' W, a distance of63.66 feet to the said Easterly Right of Way
line ofU. S. Highway No.1, run thence N 260 41' 40" W along said Easterly Right
of Way line of U. S. Highway No.1, a distance of 126.18 feet to the Point of
Beginning. The above-described property being also known as Lot 26, Palm Breeze,
an unrecorded subdivision.
PARCEL #3 - Commence at the intersection of the South line ofU. S. Lot 6, Section
2, Township 18 South Range 34 East, and the Easterly RlW line ofU. S. Highway
No.1; thence S 89056' 40" E, 99.09 feet along said South line; thence N 770 09' 50"
E, 92.87 feet for the Point of Beginning; thence N 770 09' 50" E, 92.65 feet; thence
S 12050' 10" E, 108.96 feet; thence S 790 07' W, 92.7 feet; thence N 12050' 10" W,
105.8 feet to the Point of Beginning.
Containing .65 acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
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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
circumstance.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PARTF.
ADOPTION.
After Motion by Councilman Brown 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 Councilwoman Lichter 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
--1L-
Councilman Dennis A. Vincenzi
Excused
Councilwoman Harriet E. Rhodes
--X--
Councilwoman Judy Lichter
x
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PASSED AND DULY ADOPTED this 20th day of May, 2002.
ATTEST:
Snsam3.-W*dsrortlr Lisa Bloomer
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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2002-0-07
CITY COUNCIL OF THE
CITY OF GEWATER, 72,
By:
Donald A. Schmidt
Mayor
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.
6C
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