99-O-1104/18/2005 11:03 M
InstrLmentl 2005-097886 9 1
Book: 5533
Page: 4263
ORDINANCE NO.99-0-11
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY MH4 (RURAL MOBILE
HOME CLASSIFICATION) TO MH-1 (MOBILE HOME
PARK DISTRICT) FOR PROPERTY LOCATED SOUTH OF
WEST PARK AVENUE AND EAST OF CAROL ANN DRIVE;
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 DaRe and Karen Rearden, contract purchasers, have submitted an application for a
change in zoning classification from County MH-4 (Rural Mobile Home Classification) to MH-1
co (Mobile Home Park District) for the property described below.
2. On March 31, 1999, the Local Planning Agency considered the application for change in
zoning classification and by a vote of 5-0 the Board recommended that the City Council approve the
request.
3. On May 3, 1999, the City Council considered on first reading the proposed change in the
zoning classification.
4. On May 17, 1999, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 6, 1999, 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.
ShuckiMeugh passages are deleted.
Underlined passages are added.
99-0-11
~
.....".'
lnstrument# 2005-097886 # 2
Book: 5!:.'J33
P'::lge: 42[)4
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 ofthe City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW ATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from
County MH-4 (Rural Mobile Home Classification) to MH-1 (Mobile Home Park District):
Lots 12 and 13, Park Avenue Estates, as per map recorded in Map
Book 34, Page 69, Public Records of V olusia County, Florida,
together with an easement for ingress and egress over the following
described property:
Being a part of the Geronimo Alvarez Grant Section 57, T 17 S, R 34
E, and being more particularly described as the following:
Commence at the Northeast comer ofU. S. Lot 3, S 32, T 17 S, R 34
E, said point being in the South line of the Geronimo Alvarez Grant,
Stme:k tftr61:1gft passages are deleted.
Underlined passages are added.
99-0-11
2
.,
...,
trurnent# 2005-097886 # 3
P;ook: 5!'J33
fJ>;:}qe: 42[l:>
thence along said South line S 730 58' 06" W, a distance of 1002.66
feet for the point of beginning; thence continue along said South line
of the G. Alvarez Grant S 730 58' 06" W, a distance of 69.80 feet,
thence by a curve to the left having a radius of 145.00'; a central angle
of230 40' 59", for an arc length of 59.94 feet to the point of reverse
curvature, thence by a curve to the right having a radius of 205.00
feet, a central angle of 4r 17' 49", for an arc length of 169.22' to the
point oftangency of said curve, thence N 230 08' 10" W, along the
tangency of the previously described curve a distance of 404.36 feet
to the Southerly RIW of Park Avenue, a 50 foot RIW as now laid out,
thence N 6r 00' 54" E, along said Southerly RIW a distance of 60
feet, thence S 230 08' 10" E, a distance of 404.20 feet to the point of
tangency of a curve to the left having a radius of 145.00', a central
angle of 4r 17' 49" for an arc length of 119.70 feet to the point of
reverse curvature ofa curve to the right having a radius of205.00', a
central angle of23 040' 59" for an arc length of84.74 feet to the point
oftangency of said curve, thence S 460 45' 00" E, along the tangency
of the previously described curve a distance of35.65 feet to the point
of beginning.
Containing 10 :!:. acres.
PARTB.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW ATER, 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 extend of such conflict.
Strl:iek tflr8t:1gn passages are deleted.
Underlined passages are added.
99-0-11
3
,...,.
..",
rument# 2005-0918Bf) # 4
[~ook: E)fj33
f-)('l~]F~: 42f36
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.
PART F.
ADOPTION.
After Motion by Councilman Roberts and Second by Councilman Gornto, the vote on the
first reading of this ordinance held on May 3, 1999, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
Struck tnl'6Ugft passages are deleted.
Underlined passages are added.
99-0-11
4
Instruent12005-09788615
Book: 5533
Page: 4267
Diane M. Matousek
Volusia County, Clerk of Court
After Motion by Councilman Gomm and Second by Councilwoman Lichter, the vote on the
second reading of this ordinance was as follows:
Mayor Randy G. Allman AYE
Councilman Jim Gornto AYE
Councilman Myron F. Hammond AYE
Councilman Gary W. Roberts AYE
Councilwoman Judy Lichter AYE
PASSED AND DULY ADOPTED this 17th day of May, 1999.
ATTEST:
Susan J. XVadsworth
City Clerk
Stroekthreugl passages are deleted.
Underlined passages are added.
99-0-11
5
CITY COUNCIL OF THE
CITY OF E WA7 FLORIDA
Br
Rae y G. Alfinan
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
C
Nikki Clayton
City Attorney