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ORDINANCE NO. 99-0-18
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4 (GENERAL
COMMERCIAL) TO B-3 (HIGHWAY COMMERCIAL) FOR
PROPERTY LOCATED AT 3042 U. S. HIGHWAY #1;
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. Luis Geil is the authorized agent for Larry and Patricia Brinson who are the owners
of certain real property located at 3042 U. S. Highway No.1 and who has submitted an application
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for a change in zoning classification from County B-4 (General Commercial) to B-3 (Highway
Commercial) for the property described below.
2. On May 26, 1999, the Local Planning Agency considered the application for change in
zoning classification and by a vote of7 -0 the Board recommended that the City Council approve the
request.
3. On August 2, 1999, the City Council considered on first reading the proposed change in
the zoning classification.
4. On August 16, 1999, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on August 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 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.
The zoning classification for the following described property is hereby changed from County
B-4 (General Commercial) to B-3 (Highway Commercial):
Lot 8, Edgewater Country Estates Unit No.1, as per map in Map
Book 11, Page 247, Public Records of Volusia County, Florida,
together with a 75 foot wide strip of land being more particularly
described as follows, to wit:
That certain parcel ofland lying adjacent to and immediately East of
the Easterly boundary line of Lot 8, Edgewater Country Estates Unit
No.1, per map in Map Book 11, Page 247, Public Records of V 01 usia
County, Florida, and the Westerly right of way line of the present U.
S. Highway No.1, said parcel being bounded on the North by the
Easterly prolongation of the Northerly boundary line of the aforesaid
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Lot 8 and bounded on the South by the Easterly prolongation of the
Southerly boundary line of the aforesaid Lot 8, said parcel being 75
feet East and West; all above being part of that property deeded to R.
E. Baker as recorded in Official Records Book 640, Page 16 on July
24,1964, shown as Document No. 21624 of the Public Records of
V olusia County, Florida.
Containing approximately 2.6 acres.
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 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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PART F.
ADOPTION.
After Motion by Councilman Roberts and Second by Councilman Hammond, the vote on the
first reading of this ordinance held on August 2, 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 Hammond and Second by Councilman Roberts, 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 16th day of August, 1999.
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Diane M. Natousek
Volusia County, Clerk of Court
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Rsn y G. Allman
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney