2005-O-39OB/24/2M5 03:31 PH
OInstrueMt 2005-232363 t 1
Book: 5634
Page: 3557
ORDINANCE NO.2005-0-39
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-2 (NEIGHBORHOOD
COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED AT THE NORTHWEST
CORNER OF US HIGHWAY NO. 1 AND CLINTON
CEMETERYROAD,EDGEWATER,FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
�d EDGEWATER; PROVIDING FOR CONFLICTING
n, z'A✓, PROVISIONS, SEVERABILITY AND APPLICABILITY;
1, PROVIDING FORAN EFFECTIVE DATE, RECORDING AND
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. John and Patricia Hickey are the owners/applicants for property located at the
Northwest comer of US Highway No. 1 and Clinton Cemetery Road, within Volusia County,
Florida. Subject property contains approximately 4.70± acres.
2. The owners/applicants have submitted an application for a change in zoning
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 Daytona Beach
News Journal on June 9, 2005.
5. On July 18, 2005, the City Council held a public hearing on the application after
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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-2 (Neighborhood Commercial) to City B-3 (Highway Commercial):
The following described real property all lying and being in the County of V olusia
and State of Florida:
A parcel ofland lying in Section 24, Township 18 South, Range 34 East, Volusia
County, Florida, being more particularly described as follows:
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Commence at the Northwest comer of said Section 24 and run South 00033'52" East
along the West along the West line of said Section 24, a distance of 1,400.00 feet;
thence North 86018'56" East, a distance of 4,094.24 feet; thence South 22055'51 "
East, a distance of 201.03 feet to the POINT OF BEGINNING; thence North
87052'59" East, a distance of318.24 feet to the Westerly Right-of-Way Line of U.S.
Highway Number 1 (a 158 foot wide right-of-way); thence South 22055'51" East
along said Westerly Right-of-Way Line, a distance of 688.39 feet; thence South
87053'15" West, a distance of318.25 feet; thence North 22055'51" West, a distance
of 688.36 feet to the POINT OF BEGINNING.
Containing 4.70 .:t acres more or less.
Subject to an Ingress/Egress and Utility Easement over the South 30 feet as described
in Official Records Book 2067, Page 1766 of the Public Records of Vol usia County,
Florida.
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 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.
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
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2005-0-39
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Instrumentit 2005-232363 # 4
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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.
PARTG.
ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, 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 Vincenzi and SCCOndby .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
PASSED AND DULY ADOPTED this 1 at 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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2005-0-39
5
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
Robin L. Matusic•k
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 1 at day of
August, 2005 under Agenda Item No. 6D
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..,Book: 5634
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Diane H. Matousek
Volusia County, Clerk of Court