2005-O-3811/23/2005 09:30 aM
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ORDINANCE NO.2005-0-38
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY I4 (INDUSTRIAL
PARK) TO CITY 1-1 (LIGHT INDUSTRIAL) FOR PROPERTY
LOCATED WEST OF 4100 SOUTH U. S. HIGHWAY #1 AND
WEST OF RELOCATION ROAD, 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. Robert E. McMillan, is the new owner ofthe property previously owned by Emestina
D. Kayat, Trustee of the Emestina D. Kayat Revocable Trust Agreement is the owner/applicant for
property located west of4100 South U. S. Highway #1 and west of Relocation Road, within Volusia
County, Florida. Subject property contains approximately 37.26± acres.
2. The owner/applicant have submitted an application for a change in zoning
classification from County I-4 (Industrial Park) to City I-1 (Light Industrial) 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
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News Journal on June 9, 2005.
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 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 1-4 (Industrial Park) to City 1-1 (Light Industrial):
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Underlined passages are added.
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The following described real property all lying and being in the County of V olusia
and State of Florida:
A part of U. S. Lots 1 and 2, and a portion of the Northwest 1/4 of Section 24,
Township 18 South, Range 34 East, also known as Parcels 0-1, H-l and a portion
ofI-l, and all being more particularly described as follows:
Commence at the Northwest corner of said Section 24, Township 18 south, Range
34 East; thence North 87037'43" East, along the North line of said Section 24, a
distance of 1 ,977.01 feet for the Point of Beginning; thence continue North 87037'43"
East, a distance of 1,214.66; thence South 22055'51" East a distance of701.65 feet
to the centerline ofa 60 foot road and utility easement; thence South 86058'19" West,
along said centerline, a distance of 128.72 feet; thence South 03041'04" East a
distance of 663.84 feet; thence South 86018'56" West, a distance of 1,098.41 feet;
thence North 02041'04" West, a distance of 676.40 feet to the said centerline of
easement; thence South 86058'19" West along said centerline a distance of245.76
feet; thence North 02022'17" West, a distance of 673.71 feet to the Point of
Beginning. Containing 37.26 acres more or less. Subject to an together with the
right to use a road and utility easement described as follows:
Commence at the Northwest corner of Section 24, Township 18 South, Range 34
East; thence North 87037'43" East along the North line of said Section 24 a distance
of3,876.74 feet to the Westerly R/W line ofU. S. Highway No.1, a 158 foot R/W
as now laid out; thence South 22055'51" East along said Westerly R/W a distance of
661.42 feet for the Point of Beginning; thence South 86058'19" West a distance of
2,132.80 feet; thence South 02022'17" East a distance of 60.00 feet; thence North
86058'19" East a distance of 2,155.21 feet to the said Westerly R/W of U. S.
Highway No.1; thence North 22055'51" West along said R/W a distance of 63.81
feet to the Point of Beginning. Being a part of Section 24, Township 18 South,
Range 34 East.
Containing 37.26 i: 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
Stlnck tluongh passages are deleted.
Underlined passages are added.
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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
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.
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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Underlined passages are added.
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PART G.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this 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
AfterMotionby Councilwoman Rhodes and Second by Councilwoman Lichter
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 7th day of November, 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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2H5-0-38
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:— OA44rf, ( /
Donald A. Schmidt
Mayor
I i/VCK
Robin L. Matuswk
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 7th day of
November, 2005 under Agenda Item No.
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Diane M. Matousek
Volusia County, Clerk of Court
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