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ORDINANCE NO.2005-0-37
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY 94W (GENERAL
COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED AT THE NORTHEAST
CORNER OF U.S. HIGHWAY NO. I AND JONES FISH CAMP
ROAD, EDGEWATER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER;
t j ! 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. David O. Lind, owner and applicant for the David 0. Lind Revocable Living Trust
for property located at the Northeast comer of U.S. Highway No. 1 and Jones Fish Camp Road,
within Volusia County, Florida. Subject property contains approximately 4.1 ± acres.
2. The owner/applicant have submitted an application for a change in zoning
classification from County B4W (General 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 Daytona Beach
News Journal on June 9, 2005.
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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 Daytona Beach News Journal 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-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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and State of Florida:
Parcel # 1 :
The East 100 feet of Lot 3, Plat of Riverfront Estates Unit No.2, according to the
map or plat thereof, as recorded in Map Book 19, page 31, of the Public Records of
V olusia County, Florida.
And
Parcel #2:
Lots 1,2, and 3, except the Easterly 100 feet of Lot 3, Plat of Riverfront Estates Unit
No.2, according to the map or plat thereof, as recorded in Map Book 19, Page 31,
of the Public Records of Vol usia County, Florida.
Containing 4.1 i: 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 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,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
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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.
PART G.
ADOPTION.
After Motion by Councilman Brown 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
The second reading/public hearing of this ordinance held during the July 18, 2005 City
Council meeting was continued until the August 1, 2005 City Council meeting.
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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 1 st day of August, 2005.
ATTEST:
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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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
P It
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this Ist day of
August, 2005 under Agenda Item No. 6
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Diane H. Matousek
Volusia County, Clerk of Court
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