2005-O-0603/12/2005 07:30 AM
Instrument# 2005-063709 # I
Book: 5509
Page: 3512
ORDINANCE NO.2005-0-06
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4W (GENERAL
COMMERCIAL) AND COUNTY R-3W (URBAN SINGLE-
FAMILY RESIDENTIAL) TO CITY B-3 (HIGHWAY
COMMERCIAL) FOR PROPERTY LOCATED AT 3301
SOUTH RIDGEWOOD AVENUE AND SOUTH CORY DRIVE,
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. Roy and Marcia Barnett are the contract purchaserslapplicants for property owned by
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1, Raymond R. and Carol F. Spangler and located at 3301 South Ridgewood Avenue and South Cory
Drive, Edgewater, Florida. Subject property contains approximately 1.03 acres more or less.
y2. The owners/applicants have submitted an application for a change in zoning
classification from County B4W (General Commercial) and County R-3W (Urban Single -Family
Residential) to City B-3 (Highway Commercial) for the property described herein.
3. On January 12, 2005, the Local Planning Agency (Planning and Zoning Board)
1 considered the application for change in zoning classification and by a vote of 7 - 0, the Board
1 1 �
recommended that City Council consider approval of the request.
4. On February 7, 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
January 27, 2005.
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2005-0-06
Instrument# 2005-063709 # 2
Book: 5509
Page: 3513
5. On March 7, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on February 24, 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) and County R-3W (Urban Single-Family Residential) to City
B-3 (Highway Commercial):
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2005-0-06
2
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The following described real property all lying and being in the County of V olusia
and State of Florida:
Parcels 1, 2, 3 and 4, inclusive and the Westerly 25.00 feet of Parcel 5, CORY
ESTATES, according to the plat thereof as recorded in Official Records Book 233,
Page 29 of the Public Records of Vol usia County, Florida. Together with the right
to use a portion of South Cory Drive and North Cory Drive, CORY ESTATES as
recorded in Official Records Book 233, Page 29.
Containing 1.03 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 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
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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2005-0-06
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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.
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on February 7, 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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2005-0-06
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Instnment# 2005-063709 t 5
V Book: 5509
Page: 3516
After Motionbxouncilwoman Lichtet andSecondby Councilman Vincenzi
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 _ Absent
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 7th day of March, 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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20W0-06
5
CITY COUNCIL OF THE
CITY GEWATER, FLORIDA
By.
Donald A. Schmidt
Mayor
OS .
Robm L. Matusick
Legal Assistant/Paralegal
the
Approved by the City Council of the City of
Edgewater at a meeting held on this 7th day of
March, 2005 under Agenda Item No. Crx .
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