2003-O-18ORDINANCE NO.2003-0-18
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AN ORDINANCE GRANTING A CHANGE IN ZONING
iorlN CLASSIFICATION FROM COUNTY BPUDW (BUSINESS
Wo RIn r) PLANNED UNIT DEVELOPMENT) AND MH-1W (MOBILE
n HOME PARK CLASSIFICATION) TO B-3 (HIGHWAY
$ 21Y (B COMMERCIAL) FOR PROPERTY LOCATED EAST OF U.S.
�i'_Oa HIGHWAY NO. I AND WEST OF THE HACIENDA DEL RIO
m 0 10 DEVELOPMENT (PARCEL IDENTIFICATION #8538-01-00-
�.4�M(L 0019), 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.
0 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 and Land
Development Code, the City has submitted an application requesting a change in zoning
classification for property owned by Hacienda Development Corporation. The subject property is
located East of U. S. Highway #1 and West of Hacienda Del Rio, Edgewater, Florida and contains
approximately 18.27 ± acres. The requested zoning change would be from County BPUDW
V�Q (Business Planned Unit Development) and MH-1 W (Mobile Home Park Classification) to City B-3
4b (Highway Commercial) for the property described herein.
2. In a letter dated August 20, 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)
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2003-0-18
considered the request for a change in zoning classification and by a vote of 5 - 1, the Board
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m recommended that the City Council approve the request.
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ton 4. On September 8, 2003, the City Council considered on first reading/public hearing
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Y N the proposed change in the zoning classification after publication of such hearing in the Observer
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0010 on August 29, 2003.
5. On September 22, 2003, the City Council held a public hearing on the application
after publishing notice of such hearing in the Observer on September 15, 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 Edgewater, Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
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Underlined passages are added.
2003-0-18 2
The zoning classification forthe following describedproperty is hereby changed from County
d N BPUDW (Business Planned Unit Development) and MH-1 W L` lb � p ) (Mobile Home Park Classification)
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0 n to City B-3 (Highway Commercial):
1. The following described real property all lying and being in the County of Volusia
00 and State of Florida.
oro
M a A portion of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range
34 East lying easterly of U. S. Highway No. 1, a portion of Lot 1, Assessor's
Subdivision of the C. E. McHardy Grant according to the map or plat thereof as
recorded in Map Book 3, Page 152 of the Public Records of Volusia County, Florida
and a portion of U. S. Lots 3 and 4, Section 13, Township 18 South, Range 34 East
lying easterly of U. S. Highway No. 1 being more particularly described as follows:
For a Point of Beginning, commence at the intersection of the westerly line of the C.
E. McHardy Grant, Section 49, Township 18 South, Range 34 East and the south line
of the north 52.465 chains of the Jane Murray Grant, Sections 48 and 49, Township
18 South, Range 34 East, said point being marked by a 1-inch iron pipe; thence N 680
58' 50" E, along said south line of the north 52.465 chains of the Jane Murray Grant,
a distance of 136.56 feet; thence S 220 57' 19" E, parallel with the easterly line of U.
S. Highway No. 1, a distance of 2652.17 feet; thence S 680 40' 14" W, a distance of
300.12 feet to the easterly line of U. S. Highway No. 1; thence N 220 57' 19" W,
along the easterly line of U. S. Highway No. 1, a distance of 2653.79 feet to said
south line of the north 52.465 chains of the Jane Murray Grant; thence N 680 58' 50"
E, along said south line of the north 52.465 chains of the Jane Murray Grant, a
distance of 163.61 feet to the Point of Beginning.
Containing 18.27 acres more or less.
Parcel #8538-01-00-0019
Map of subject property is reflected on Exhibit "A" and incorporated herein.
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
of the City of Edgewater, Florida, to reflect the change in zoning classification for the above
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Underlined passages are added.
2003-0-18
described property.
� 10 C• W PART C. CONFLICTING PROVISIONS.
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Inn All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
11 1.
S: W are hereby superseded by this ordinance to the extent of such conflict.
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0 tG PART D. SEVERABILITY AND APPLICABILITY.
ma
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 Hammond and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on September 8, 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
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2003-0-18 4
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n
� 03 After Motion bycouncilwoman Lichter and Secondby Councilwoman Rhodes
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LO I' 7 the vote on the second reading/public hearing of this ordinance was as follows:
.Y. N AYE NAY
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w0 Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 22nd day of September, 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
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Underlined passages are added.
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5
CITY COUNCIL OF THE
CITY OF EDGE/WAATER, FLORIDA
$y ongf�p(:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 22nd day
of September, 2003 under Agenda Item No.-6
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bii 5-098092 i B
Book:
: 5533
Page: 4988
Dice M. Hatou s*
Volusia County, Clerk of Court
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