2003-O-2611/21/r?i 03:48 PM
Q Instrur, # 2003-296019
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Patoe : 4366
ORDINANCE NO.2003-0-26
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY 84W (GENERAL
COMMERCIAL) TO B-3 (HIGHWAY COMMERCIAL) FOR
PROPERTY LOCATED AT 3725 U.S. HIGHWAY #1(PARCEL
IDENTIFICATION #8448-00-00-0091), EDGEWATER,
FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF EDGEWATER, PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FORAN EFFECTIVE DATE,
RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
O
-y0 determinations:
1. Dupuis and Jacobs at Edgewater, LLC are the agent of record for Gregory N. and
Rose M. Hoffman who are the owners of certain real property located at 3725 US Highway No. 1,
in Volusia County, Florida. Subject property contains approximately 1.46 acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from County B-4W (General Commercial) to B-3 (Highway Commercial) for the
4� property described herein.
3. On September 17, 2003, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On November 3, 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 October 23, 2003.
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5. On November 17,2003, the City Council held a public hearing on the application
after publishing notice of such hearing in the Observer on November 6, 2003, 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 300 feet of the subject property.
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 of the 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-4W (General Commercial) to B-3 (Highway Commercial):
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The following described real property all lying and being in the County of V olusia
and State of Florida.
The Northerly 209.83 feet, as measured along the Easterly R/W of U.S. Highway No.
1 of the Southerly 629.78 feet of the Westerly 300 feet, East of said U. S. No.1 of
the North 52.465 chains ofthe Jane Murray Grant, in Sections 48 and 49 Township
18 South, Range 34 East, all lying East of said U. S. Highway No.1 and being more
particularly described as follows:
Commence at the concrete monument being located on the South line of the North
line 52.465 chains of the said Jane Murray Grant and the East R/W ofU. S. Highway
No.1, a 158 foot R/W as now monumented, thence N 22054'41" W along said East
R/W a distance of 419.95 feet for the Point of Beginning, thence continue N
22054'41" W, a distance of209.83 feet to a PRM making the Southwesterly comer
of Lot 1, Waterway Park Section 1, as recorded in Map Book 19, Page 269 ofthe
Public Records of Volusia County, Florida, thence N 68042'50" E, along the
Southerly line of said Lot 1 and its Easterly extension thereof, a distance of 300 feet
thence South S 22054'29" E, a distance of 210.23 feet thence S 68049'41" W, a
distance of 300 feet to the Point of Beginning.
Containing 1.46 acres more or less.
Parcel #8448-00-00-0091.
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 Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, 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.
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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.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PARTG.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
first reading of this ordinance held on November 3,2003, 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 Councilman Brown and Second by Councilwoman Rhodes , 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 Vincenzi x
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter x
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PASSED AND DULY ADOPTED this l7th day of November, 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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2003-0-26
CITY COUNCIL OF THE
CITY OF�EDGEWpp'A>T��99ER, FLORIDA
By: �"x0f
Donald A. Schmidt
Mayor
i
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17th day
of November, 2003 under Agenda Item No.
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Diane Matousek
Volusia County, Clerk of Court