2001-O-83
04/18/2005 11:21 AM
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ORDINANCE NO. 2001-0-83
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4 (GENERAL
COMMERCIAL) TO B-3 (HIGHWAY COMMERCIAL) FOR
PROPERTY LOCATED WEST OF U. S. HIGHWAY #1 AND
APPROXIMATELY 360 FEET SOUTH OF SILVER CIRCLE,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR
AN EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
has submitted an application requesting a change in zoning classification for property owned by
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South Volusia Properties. The subject property is located West of U. S. Highway #1 and
approximately 360 feet South of Silver Circle, containing approximately 5.50 acres. The requested
zoning change would be from County B-4 (General Commercial) to City B-3 (Highway
Commercial) for the property described herein.
2. In a letter dated October 15, 2001, the Planning Department notified the owners of
the property of the pending rezoning for their property.
3. On November 14,2001, the Local Planning Agency (Planning and Zoning Board)
considered the request for a change in zoning classification and by a vote of 7 - 0, the Board
recommended that the City Council approve the request.
4. On December 3, 2001, the City Council considered on first reading/public hearing
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the proposed change in the zoning classification after publication of such hearing in the Observer
on November 24,2001.
5. On December 17,2001, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on December 6, 2001, 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 500 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
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B-4 (General 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.
That part ofU. S. Government Lot 7, lying WestofU. S. Highway #1, EXCEPT the
South 300 feet, Section 2, Township 18 South, Range 34 East, Volusia County,
Florida.
Containing 5.50 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 EDGE WATER, FLORIDA.
The Planning Director 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.
PARTD.
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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PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading ofthis ordinance held on December 3,2001, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter. X
After Motion by ~.4-- andSecondby ~~ '?-~__
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
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Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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2001-0-83
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Irstltlent# 2005-097958 t 5
Book: 5533
�J Page: 4569
PASSED AND DULY ADOPTED this
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2001-&83
2s day of 2009—
CITY COUNCIL OF THE
CITY OF EDGEWAAT'EERR, FLORIDA
By e�Z1S•e�..s,.�
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater t a meeting held on this ZY.
day of 200;?-under
Agenda Item No. C -Z.
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