2005-O-3207/27/2005 09:25 AM
OItlstrLmentt 2005-201165 1 1
Book: 5610
Page: 1609
ORDINANCE NO.2005-0-32
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-2 (NEIGHBORHOOD
COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED WEST OF U. S. HIGHWAY #1
AND SOUTH OF CLINTON CEMETERY ROAD,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Daniel J. and Christine M. Herman are the applicants/owners of record of certain real
property located west ofU. S. Highway # I and south of Clinton Cemetery Road, Edgewater, Florida.
Subject property contains approximately 3.65 acres more or less.
r,rl 2. The owners/applicants have submitted an application for a change in zoning
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classification from County B-2 (Neighborhood Commercial) to City B-3 (Highway Commercial) for
the property described herein.
3. On June 8, 2005, the Local Planning Agency (Planning and Zoning Board) considered
the application for change in zoning classification and by a vote of 7 - 0, the Board recommended
that City Council consider approval of the request.
4. On June 20, 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
June 9, 2005.
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2005-0-32
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5. On July 18, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on July 7, 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 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-2 (Neighborhood 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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and State of Florida.
A parcel of land being a portion of Government Lot 2, Section 24, Township 18
South, Range 34 East, lying Westerly of and adjacent to U. S. Highway No.1 and
being more particularly described as follows: Commence at the Northwest corner of
said Section 24; thence South 00034'36" East, along the Westerly line of said Section
24, a distance of 1,400 feet; thence North 86018'56" East, a distance of 4,408.69 feet
to the Westerly right of way line of said U. S. Highway No.1; thence South
22055'51" East along the said Westerly right of way line, a distance of898.64 feet to
the Point of Beginning of the herein described parcel; thence continue South
22055'51" East along the said Westerly right of way line of U. S. Highway No. 1 a
distance of 534.94 feet; thence South 87053'15" West a distance of 318.25 feet;
thence North 22055'51" West, a distance of534.94 feet; thence North 87053'15" East
a distance of 318.25 feet to the Point of Beginning. Subject to a 60 foot road and
utility easement per Official Records Book 2067, Page 1766, Public Records of
V olusia County, Florida.
Containing 3.65 ::!: acres more or less.
Subject to easements, restrictions, reservations and rights of way of record, if any.
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 Chief Planner 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,
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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 Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PARTG.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Vincenzi, the vote on
the first reading ofthis ordinance held on June 20, 2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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Instruomti 200.5-201165 t 5
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After Motion by Councilwoman Lichter and Second by Councilman Vincenzi ,the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown Absent
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes y
Councilwoman Judy Lichter y
PASSED AND DULY ADOPTED this 18th day of July, 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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20050-32
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CITY COUNCIL OF THE
CITY OF EDGE/WAT/TERR,, FLORIDA
Donald A. Schmidt
Mayor
Robin . Matuskk l
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of July, 2005 under Agenda Item No. 6 1 .
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Diane M. Matousek
Volusia County, Clerk of Court
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