89-O-10BOOR PACE CLERK CIRCUIT COUnis'+
^ TILED FOR RECCRD VOLUSIA CO.. FL
i 33.22 1806 RECORD VERIFIED , 89 JLIN 26 kM & 31
VOLUSIA CO. FL 083511
ORDINANCE NO. 89-0-10
/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE -
WATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTE
SSS 166.041 (c) (1) AND SECTION 1100 OF THE CODE OF
L� ORDINANCES OF THE CITY OF EDGEWATER, REZONING 10.64
ACRES, EAST SIDE OF U.S. 1, BETWEEN EDGEWATER LANDING,
(NORTH AND EAST) AND THE CEMETERY, DIRECTING THE CITY
CLERK TO ADVERTISE THIS"ORDINANCE AS PROVIDED BY LAW;
AMENDING THE OFFICIAL MAP OF THE CITY OF EDGEWATER
ACCORDINGLY; CONTAINING A REPEALER PROVISION, A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statute 166.041 (c) (1) provides the
procedure for the rezoning of specific parcels of private real
property involving less than five (58) percent of the total land
of the municipality, and
WHEREAS, Section 1100 of the Code of Ordinances of the
City 01 Edgewater provides for amendment to the Zoning Ordinance
and Official Zoning Map of the City of Edgewater, and
WHEREAS, the Land Development and Regulatory Agency initia-
ted the rezoning of said property and recommended to the City
Council said rezoning, and,
WHEREAS, the City Council of the City of Edgewater,
Florida, considered said recommendation at its regular meeting of
March 20, 1989, and instructed the City Attorney to prepare an
Ordinance on the subject.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA-
SECTION 1. That the following described property is here-
by rezoned from its present B-4/R-3 General Commercial and Urban
Single Family District to B-5, Planned Shopping Center District:
See Exhibit 010, attached hereto and by reference in-
corporated herein with full force and effect as if here-
in set forth.
SECTION 2. That the City Clerk is hereby directed before
the final adoption of this Ordinance to take the following steps:
(a) Notify by mail each real property owner whose land is
being rezoned or will be affected by the change and use and enact-
ment of this Ordinance.
(b) The notice shall state the substance of the Ordinance
as it affects a property and shall set forth a time and place
BOO' PAGE
C d 3322 1807
for a public hearing. /OLUSIA CO. Ti_
(c) The notice shall be given at least thirty (30) days
prior to the date set for the public hearing.
(d) A copy of said notice shall be kept available for pub-
lic inspection during regular business hours.
(e) In addition, the provisions of Sections 1101.00,
1102.00 and 1103.00 of the Code of Ordinances of the City of Edge-
water, shall be complied with.
SECTION 3. That after having complied with all the neces-
sary prerequisites and this Ordinance therefore being adopted
pursuant to law, the Official Zoning Map of the City of Edge-
water, Florida, shall be amended to reflect the change in zoning
of the above described parcels or property.
SECTION 4. That all ordinances or parts of ordinances and
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 5. If any section, part of a section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this Ordinance shall not be affected.
SECTION 6. This Ordinance shall take effect immediately
upon its adoption by the City Council of the City of Edgewater,
Florida, and the approval of the amendments to the City of Edge-
water Comprehensive Plan, as per Part II, Chapter 163, Florida
Statutes, and consistency determination by the Volusia County
Growth Management Commission.
This Ordinance was introduced by Councilman Fish
This Ordinance was read on first reading and passed by a
vote of the City Council of the City of Edgewater, Florida, and
approval as provided by law, at a regular meeting of
said Council held on the 1st day of May , 1989.
The second reading of this Ordinance to be at a regular
meeting of the City Council of the City of Edgewater, Florida, to
be held on the 19th day of June , 1989.
ROLL CALL VOTE ON ORDINAN NO. 8229-0-10
Mayor
2 Ord. No. 89-0-10
^ BOOK PAGE
4 :;zz 1808
VOLUS(A CO. FL
SECOND READING:
A04049X!�-
-'Mhyor
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Coun Lman- O
ou c woman/ -zone
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Councilmfin-Zone Three
Cduficilman-Zone Four
This Ordinance read and adopted on second reading at a
/2 es �(a� meeting of the City Council of the City/ of Edge-
water, Florida, and authent'cated%this L/f day of ,
Mayor
This Ordinance pre ared by:
CIMY Attorney
Ord. No. 89-0-10
BOOK PAGE
3322 1809
VOLUSIA CC. FL
EXHIBIT I
LEGAL DESCRIPTION FOR
POST -ANNEXATION B-3 REZONING
(American Pioneer Savings Bank/Baldanza, et al.)
SUBPARCEL A
(American Pioneer Savings Bank)
THE NORTH TWO HUNDRED (200) FEET LYING EAST OF THAT
CERTAIN HIGHWAY KNOWN AND DESIGNATED AS UNITED STATES
HIGHWAY NO. 1 OF LOT SIX (6), HEWITTS SQUARETOPVILLE,
IN SECTION TWELVE (12), TOWNSHIP EIGHTEEN (18) SOUTH,
RANGE THIRTY-FOUR (34) EAST, AS PER MAP IN MAP BOOK 1,
PAGE 160 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA. (PER O.R. BOOK 2223, PAGE 1309.)
LESS: THE WESTERLY TWO HUNDRED (200) FEET THEREOF
LYING EAST OF UNITED STATES HIGHWAY NO. 1.
SUBPARCEL B
(Baldanza, et al.)
A PARCEL OF LAND IN LOTS 5 AND 6, SQUARETOPVILLE
SUBDIVISION AS RECORDED IN MAP BOOK 1, PAGE 160 OF THE
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, DESCRIBED AS
FOLLOWS: AS A POINT OF REFERENCE, COMMENCE AT A P.R.M.
MARKING THE N.E. CORNER OF SAID SQUARETOPVILLE
SUBDIVISION; THENCE ALONG THE EAST LINE OF SAID
SUBDIVISION RUN S 00 DEGREES 20' 24" W, 200.00 FEET FOR
THE POINT OF BEGINNING; THENCE CONTINUE S 00 DEGREES
20' 24" W ALONG SAID EAST LINE 462.97 FEET; THENCE S 89
DEGREES 00' 00" W, 799.30 FEET TO AN INTERSECTION WITH
THE EASTERLY RIGHT-OF-WAY LINE OF U.S. NO. 1 HIGHWAY;
THENCE N 15 DEGREES 09' 42" W ALONG SAID RIGHT-OF-WAY
LINE 477.35 FEET; THENCE N 89 DEGREES 00' 00" E, 926.92
FEET TO THE POINT OF BEGINNING.
AND: THE SOUTH 51.4 FEET OF THE NORTH 451.4 FEET AS
MEASURED ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. NO.
1 HIGHWAY, OF LOT 6, MAP OF SQUARETOPVILLE, ACCORDING
TO THE PLAT THEREOF AS RECORDED IN MAP BOOK 1, PAGE 160
OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.
083517