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04/18/2005 11:05 AM
Instrument# 2005-091890 #
Book: 5!533
F)a~]f:~: 42~3f)
ORDINANCE NO. 99-0-13
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM 1-1 (LIGHT INDUSTRIAL
DISTRICT) TO MH-l (MOBILE HOME PARK DISTRICT)
FOR PROPERTY LOCATED ON WEST PARK AVENUE
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 1-1 (Light Industrial District) to MH-l (Mobile Home Park
District) for the property described below.
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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.
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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 EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from I-I
(Light Industrial District) to MH-1 (Mobile Home Park District):
A parcel of land in Lot 37, Assessor's Subdivision of the Alvarez
Grant as recorded in Map Book 3, Page 137 ofthe Public Records of
Vo1usia County, Florida described as follows:
Commence at the Southwest comer of said Lot 37; thence N 730 49'
34" E along the Southerly line of said Lot 37 a distance of2137.50
feet; thence N 220 16' 28" W a distance of 276.00 feet; thence N 220
12' 00" W a distance of 66.00 feet for the POINT OF BEGINNING;
thence S 670 31' 40" W a distance of 365.00 feet; thence N 220 16'
28" W a distance of301.13 feet to the Southerly line of Park Avenue,
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rument# 2005<097890 II 3
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an 80 foot right-of-way as now laid out and as surveyed by the
County of Volusia, Florida; thence N 670 04' 05.9" E along said
Southerly right-of-way line a distance of 365.92 feet; thence S 220
12' 00" E a distance of 304.07 feet to the POINT OF BEGINNING.
Containing 2.50 acres more or less.
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 extend 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 Roberts and Second by Councilwoman Lichter, 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
After Motion by Councilman Gornto 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.
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ATTEST:
Susan J. "A'•adsworth
City Clerk
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Instivent# 2005-097890 9 5
Book: 5533
Page: 4300
Diane H. Hataisek
Volusia Canty, Clerk of Court
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
R•
Ra y G. Allman
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney