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2003-O-1104/18/2005 12:09 PM as Instrinent4 2005-098076 I 1 Y V Book: 5533 Page: 4905 ORDINANCE NO.2003-0-11 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-4 (GENERAL COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR PROPERTY LOCATED AT 3665 SOUTH RIDGEWOOD AVENUE, EDGEWATER, FLORIDA; 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. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the City has submitted an application requesting a change in zoning classification for property previously owned by Willie Wood but transferred to Kimberly A. Rash and Lisa Miller on March 13, 2003 by S� o1(�) Warranty Deed. The subject property is located at 3665 South Ridgewood Avenue, containing ML approximately .37 ± acres. The requested zoning change would be from County B-9 (General Office) to City B-3 (Highway Commercial) for the property described herein. 2. In a letter dated April 17, 2003, the City of Edgewater notified by mail the owners of the property and all property owners who own real property directly affected by the proposed action within 300 feet of the subject property. 3. On April 9, 2003, the Local Planning Agency (Planning and Zoning Board) considered the request for a change in zoning classification and by a vote of 5 - 1, the Board recommended that the City Council approve the request. 4. On May 5, 2003, the City Council considered on first reading/public hearing the St nelt tleengh Passages are deleted. Underlined passages are added. 2003-0-11 '-'" Instrument# 2005-098015 it 2 [\o()k : ~](:;: : ...., proposed change in the zoning classification after publication of such hearing in the Observer on April 24, 2003. 5. On May 19, 2003, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on May 8, 2003, 6. The proposed change in zoning classification is consistent with all elements of the Edgewater Comprehensive Plan. 7. The proposed change in zoning classification is not contrary to the established land use pattern. 8. The proposed change in zoning classification will not adversely impact public facilities. 9. Changed or changing conditions make the proposed amendment necessary. 10. The proposed change in zoning classification will not have an adverse effect on the natural environment. 11. 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 A TER, FLORIDA. The zoning classification for the following described property is hereby changed from County B-4 (General Commercial) to City B-3 (Highway Commercial): The following described real property all lying and being in the County of V olusia StltlGk tIuotlgh passages are deleted. Underlined passages are added. 2003-0-11 2 '-' Inst rument# 2005-()981F6 # :1 Book :~)~j3:] -:Je: 4BOl ....." and State of Florida. Lots 7 and 8, Re-Subdivision of Waterway Park Section 1, according to the Plat thereof as recorded in Map Book 19, Page 269, of the Public Records of V olusia County, Florida. (Parcel #8413-03-00-0070) Containing .37! acres more or less. Map of subject property is reflected on Exhibit "A" and incorporated herein. 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 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. Stltlck thlongh passages are deleted. Underlined passages are added. 2003-0-11 3 ~ [nst rument# 2005-09807f3 # 4 f:')()ok: !:)~)33 ""'4 !] 0 f3 PART F. ADOPTION. After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on the first reading ofthis ordinance held on May 5,2003, was as follows: AYE NAY Mayor Donald A. Schmidt X Councilman James P. Brown X Councilman Myron F. Hammond X Councilwoman Harriet E. Rhodes X Councilwoman Judy Lichter X After Motion by Councilwoman Lichter and Second by Councilman Hammond the vote on the second reading/public hearing of this ordinance was as follows: AYE NAY Mayor Donald A. Schmidt Absent Councilman James P. Brown Absent Councilman Myron F. Hammond x Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter x Stntck tluongh passages are deleted. Underlined passages are added. 2003-0-11 4 C Instrmentf 2005-098076 1 5 Book: 5533 V Page: 4909 PASSED AND DULY ADOPTED this 19th day of May, 2003. ATTEST: Susan J. W dsworth 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 SdvekMrongh passages ere deleted. Underlined passages are added. 2003-O-11 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA �44 Harriet E. Rho -des Vice Mayor Robin L. Matusick Legal Assistant7Parale Approved by the City Council of the City of Edgewater at a meeting held onthisl9th day of May, 2003 under Agenda Item No. 6. 6=A ~';. . ,',.'''' ~ - i2 0 Q ~ 55 o..,J 0) (Y) r-'. s.. <J >- 0(':')"'" III 0 ZI- ~~0;;1' ~ <:5 C1. \,il ~ ' NU"'J'I:t >. , ~..... 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