2001-O-97
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04/18/2005 11:51 AM
rument# 20OfjO~)8030 Ii 1
Book: ~j!j33
: /111 ::,
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ORDINANCE NO. 2001-0-97
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4 (GENERAL
COMMERCIAL) AND R-3 (URBAN SINGLE-F AMIL Y) TO B-
3 (HIGHWAY COMMERCIAL) FOR PROPERTY LOCATED
SOUTH OF 28TH STREET AND WEST OF U. S. HIGHWAY #1,
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
Seymour A. Smith. The subject property is located South of 28th Street and West ofU. S. Highway
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#1, containing approximately 3.56 acres. The requested zoning change would be from County B-4
(General Commercial) and R-3 (Urban Single-Family Residential) 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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2001-0-97
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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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lument# 2005098030 It 3
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B-4 (General Commercial) and R-3 (Urban Single-Family Residential) 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.
PARCEL #1 - Lot 1 according to plat of Edgewater Country Estates, Uni #1 as per
map thereof of record in Map Book 11, Page 247 of the Public Records of V olusia
County, Florida.
PARCEL #2 - That part of the Southwest corner of Government Lot 2, lying West
of the Dixie Highway, also known as U. S. Highway #1, in Section 1, Township 18
South, Range 34 East, being more particularly described as the South 231 feet as
measured along the West line of said Government Lot 2 and the South 233.4 feet as
measured along the Westerly right-of-way of said U. S. Highway #1.
PARCEL #3 - That certain parcel of land lying adjacent to and Easterly of the
Easterly line of Lot 1, Edgewater Country Estates, Unit No. 1 as per map thereof
recorded in Map Book 11, Page 247 of the Public Records of V olusia County,
Florida and Westerly of the Westerly R/W ofD. S. Highway No.1, 175 foot R/W as
now laid out, said parcel being bounded on the North by the Easterly prolongation
of the North line of said Lot 1 and bounded on the South by the Easterly prolongation
of the Southerly line of the aforesaid Lot 1.
Containing 3.56 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.
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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 ofthis 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.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Vincenzi, 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
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Instruaentf 2005-098030 t 5
y Book: 5533
.d Page: 4779
AfterMotionby 6,- /-- 0 andSecondby G""'�"—
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
_
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
vecaEn Axn nrn v AnnvTED this IC day of / /, - 2002.
City Clerk
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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Underlined passages are added.
2001-0-97
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By;`,�mcv�*
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this IC
day of /i ,--L 2002 under
Agenda Item No. d 7
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