2005-O-13C
ORDINANCE NO.2005-0-13
03/07/2006 02:14 PH
OInstrusentil 2006-056736 t 1
Book: 5781
Page: 77
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY 114W (GENERAL
COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED NORTH OF 3725 SOUTH
RIDGEWOOD AVENUE, 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
determinations:
1. Brent Jones and Thomas Vardell of Edgegate, LLC dba U-Sto-]t Mini Storage are the
aso
owners/applicants for properly located north of3 725 South Ridgewood Avenue, Edgewater, Florida.
Subject property contains approximately .32 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from County B-4W (General Commercial) to City B-3 (Highway Commercial) for the
property described herein.
3. On April 13, 2005, 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 May 2, 2005, 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 21, 2005.
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2005-0-13
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rument# 2006-01_16736 # 2
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5. On May 16, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 5, 2005, 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 Edgewater, 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 City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
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2005-0-13
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rument# 2006--056736 # 3
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and State of Florida:
The following described real property all lying and being in the County of V olusia
and State of Florida.
Lots 1 and 2, RE-SUBDIVISION WATER WAY PARK SECTION 1, according to
the plat thereof as recorded in Map Book 19, Page 269, of the Public Records of
Volusia County, Florida.
Containing .32 :t acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PARTB.
AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEW A TER, 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.
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.
PARTD.
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.
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2005-0-13
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PART E.
RECORDING.
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tlJment# 2005-056736 # -1
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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.
PARTG.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on May 2,2005, 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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2005-0-13
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Instnweatt 2006-056136 t 5
OBook: 5781
page: 81
After Motionby Councilman Brown and Secondby 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
PASSED AND DULY ADOPTED this 16th day of May, 2005.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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2005.0-13 5
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: (z+
Donald A. Schmidt
Mayor
Robin
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 16th day
of May, 2005 under Agenda Item No. 6 B
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Diane M - (:.JL'...
VO 1 -' Matousek
USla County, Clerk of C
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