2001-O-87W18/2W5 11:41 AN
Instrueitt 2005-098013 4 1
l Book: 5533
' Page: 4725
ORDINANCE NO.2001-0-87
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4 (GENERAL
COMMERCIAL) AND MH-5 (URBAN MOBILE HOME) TO
B-3 (HIGHWAY COMMERCIAL) FOR PROPERTY
LOCATED AT 2576 SOUTH RIDGEWOOD AVENUE,
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 consistentwith the City of Edgewater Comprehensive Plan, the City
has submitted an application requesting a change in zoning classification for property owned by
6Cr> Kevin O'Dwyer and C. Diane O'Dwyer. The subject property is located at 2576 South Ridgewood
6 � i, Avenue, containing approximately 1.05 acres. The requested zoning change would be from County
B4 (General Commercial) and MH-5 (Urban Mobile Home) 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 ofthe 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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2001-0-87
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B-4 (General Commercial) and MH-5 (Urban Mobile Home) 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.
Lots 1,2,3,32,33,34,35, the East one-half of Lot 31, and the East 15.00 feet of Lot
4, Block C, Edgewater Park Subdivision, per map recorded in Map Book 10, Page
154, ofthe Public Records of Vol usia County, Florida.
Containing 1.05 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 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.
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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PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilman Brown, the vote on the
first reading of this 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
AfterMotionby~ fi2LL andSecondby ~_ ~
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
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y.
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
i
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2001-0-87
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InstrueentA M-098013 1 5
/hook : 5533
age: 4729
PASSED AND DULY ADOPTED this _/L day of , 20Q2.
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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2001-0-87
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schmidt
Mayor
f itvnX
Robin L. Matusick l
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 1i
day of 2002- under
Agenda Item No.