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2003-O-1204/18/2005 12:11 PM 0 Iristrueentl 2005-M78 t I Book: 5533 Page: 4915 ORDINANCE NO.2003-0-12 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY B-4 (GENERAL COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR PROPERTY LOCATED ALONG THE WEST SIDE OF U.S. HIGHWAY #1 AND SOUTH OF THE EAST WIND SUBDIVISION (LOTS 1 THROUGH 17 INCLUSIVE, THOMAS SUBDIVISION IN THE MURRAY GRANT), 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: �Sb l�M 1. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the City has submitted an applicationrequesting a change in zoning classification forproperty owned by Bear Cove #5, 6 & 7 Holding Trust, Willie G. Wood, John R. Merrick, Barbara J. Constable and Rosi Forma. The subject property is located on the West side of U. S. Highway #1 and South of the East Wind Subdivision, Edgewater, Florida and contains approximately 7.0 ± acres. The requested zoning change would be from County B4 (General Commercial) 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) Shuck tit ongh passages are deleted. Underlined passages are added. 2003-0-12 ., Instrument# 2005-098019 # 2 Book: !'j!::):33 """'4 !]l f) considered the request for a change in zoning classification and by a vote of 6 - 0, 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 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. Stltlck thlOtlgh passages are deleted. Underlined passages are added. 2003-0-12 2 ~ Instrument# 2005-098079 # 3 [~ook: ~)53;:3 ..." 4 ~]1 7 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 and State of Florida. Lots 1 to 17, inclusive, Thomas Subdivision in the Murray Grant, according to plat thereof recorded in Map Book 8, Page 253 of the Public Records of Vol usia County, Florida and being more particularly described as follows: Beginning at the intersection of the Northerly line of said Lot 1, and the Westerly R/W line ofU. S. Highway #1, a 158 foot R/W as now laid out; thence S 22056'22" E along the Westerly R/W line ofD. S. Highway #1, a distance of1732.87 feet to the Southerly line of said Lot 17; thence S 69000'23" W along said Southerly line, a distance of206.09 feet to the Southwest comer of said Lot 17; thence N 21001 '45" W along the westerly line of said Lots 1 through 17, inclusive, a distance of 1731.74 feet to the Northwest comer of said Lot 1; thence N 68057'20" E along the northerly line of said Lot 1, a distance of 148.33 feet to the Point of Beginning. Containing 7.0i: 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. PARTC. 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. StltlGk tIdongh passages are deleted. Underlined passages are added. 2003-0-12 3 ~ Instrument# 2005-098019 # 4 [J()(]k: E)t~~3:~] ...., 4 ~}1 f:) 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 Councilman Brown and Second by Councilman Hammond, 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 Shtick tluotlgh passages are deleted. Underlined passages are added. 2003-0-12 4 C Instltnentl 2005-098079 1 5 10 Book: 5533 Page: 4919 AfterMotionby Councilman Hammond andSecondby Councilwoman Lichter 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 PASSED AND DULY ADOPTED this 19th day of May, 2003. 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 St ack fl, cost passages are deleted. Underlined passages are added. 2003-0-12 5 CITY COUNCIL OF THE CITY OF EDGEWAATER, FLORIDA By: 6 "n^'U'� C , i 20 L Marriet.h. Rhodes Vice Mayor R bin L. Matusick Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this lath day of May, 2003 under Agenda Item No. 6B . ;7~.:' ~ " MO C1 N.'l ui en W"J~ +-' ~.. H~ ~ ~ ill::E :.'J r"l"'" . 1.- \.,.,J U) ~ t"1 0 ,re -ra r5CDCLC5 <:::Jz ~ - ~ -J i: -- -.- - (,) , , #' , ",,1 , , __I ,,-- "