99-O-2404/18/2005 11:10 AM
r 1 Irstruent# 2005-097922 i 1
Book : 5533
Page: 4476
DENIAL
ORDINANCE NO.99-0-24
AN ORDINANCE DENYING A CHANGE IN ZONING
CLASSIFICATION FROM R-3 (SINGLE FAMILY
RESIDENTIAL DISTRICT) TO B-3 (HIGHWAY
COMMERCIAL DISTRICT) FOR PROPERTY LOCATED
EAST OF THE SOUTHEAST CORNER OF U. S. HIGHWAY
#1 AND LAMONT STREET; 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 C. Geil is the agent of record for Mohammad Azam who owns the subject
'< property and has submitted an application for a change in zoning classification from R-3 (Single
y�$) Family Residential District) to B-3 (Highway Commercial District) for the property described below.
2. On September 29, 1999, the Local Planning Agency considered the application for
change in zoning classification and by a vote of 7-0 the Board recommended that the City Council
approve the request.
3. On November 15, 1999, the City Council considered on first reading the proposed
change in the zoning classification after publishing notice of such hearing in the Observer on
November 4, 1999.
4. On December 6, 1999, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on November 23, 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 R-3
(Single Family Residential District) to B-3 (Highway Commercial District):
Lots 20, 21 and a portion of Lot 22, except the Easterly 50 feet
thereof, according to the plat of A. B. Wilkinson's Subdivision of part
of the G. Alvarez Grant, recorded in Map Book 4, Page 91, of the
Public Records of Vol usia County, Florida.
Containing .67 acres.
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
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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.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on first
reading of this ordinance held on November 15,1999, was as follows:
Mayor Donald A. Schmidt
AYE
Councilman James P. Brown
AYE
Councilman Dennis A. Vincenzi
AYE
Councilwoman Harriet E. Rhodes
AYE
Councilwoman Judy Lichter
AYE
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Instrventt 2005-097922 1 4
^ Book: 5533
Page : 4479
Diane M. Natousdc
Volusia Candy, Clerk of Court
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes to DENY
THE VARIANCE, 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 X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
PASSED AND DULY ADOPTED this 6' day of November, 2000.
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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CITY COUNCIL OF THE
CITY OF EDGEWA//TjjjjERR��t, FLORIDA
BY a
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater, t a meeting held on this
day ofr..�, 2000 under
Agenda Item No. & 9 .