2011-O-0444
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ORDINANCE NO.2011-0-04
08/26/2011 11:39 AM
OInstnaentt 2011-144282 t 1
Book_ 6625
Page: 4708
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B4W (GENERAL
COMMERCIAL) TO CITY B-3 (HIGHWAY
COMMERCIAL) FOR 136± ACRES OF PROPERTY
LOCATED AT 4497 SOUTH US HIGHWAY NO. 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, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
Wallace Ferreira has applied on behalf of The American Legion, Edgewater Post
#285, Inc., owners for annexation of property located at 4497 South US Highway No. 1, within
Volusia County, Florida. Subject property contains approximately 1.36 ± acres.
2. The owners/applicant has submitted an application for a change in zoning
classification from County B4W (General Commercial) to City B-3 (Highway Commercial) for
the property described herein.
3. On February 9, 2011, 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 March 7, 2011, 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
February 24, 2011
5. On I 2011, the City Council held a public hearing on the
application after publishing notice of such hearing in the Observer on
ri and notifying by mail all property owners who own real property
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directly affected by the proposed action and all property owners who own real property Arithin
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
Edgewater, Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF
CERTAIN REAL PROPERTY WITHIN THE
CITY OF EDGEWATER, FLORIDA.
zoning classification for the following described property is hereby changed fi)om
County B4W (General Commercial) to City B-3 (Highway Commercial).
The following described real property all lying and being in the County of
Volusia and State of Florida.
PARCEL #1:
Lots 2 and 4, Block 1, Water Front Park, According to the map or plat thereof as
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20114)-04
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Instrueentt 2011-144202 1 3
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recorded in Plat Book 11, Page 251, Public Records of Volusia County, Florida
and sometimes also described as Lots 2 and 4, Block 1, Water Front Revision,
according to the map thereof as recorded in Map Book 23, Page 136, Public
Records of Volusia County, Florida
Containing 1.36 ± 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 EDGEWATER, FLORIDA.
The Development Services 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.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida
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2011-0-04
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Instruaentt 2011-1442U t 4
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PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilman Ignasiak with Second by Councilman
Cooper, the vote on the first reading of this ordinance held on March 7, 2011, was as
follows:
AYE NAY
Mayor Mike Thomas
X
Councilman Justin A. Kennedy
X
Councilwoman Gigi Bennington
ABSENT
Councilman Mike Ignasiak
X
Councilman Ted Cooper
X
After Motion to approve by TAm-ink with Second by
Phinparenn arr- ,the vote on the second reading/public hearing of this ordinance
held on 2011, was as follows:
AYE NAY
Mayor Mike Thomas I
Councilman Justin A. Kennedy y
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Ted Cooper
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2011-0-04
4
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Instrllent! 2011-144M 8 5
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Page: 4712
PASSED AND DULY ADOPTED this 1 ,�)}h day of
ATTEST:
1LLA t'
Bonnie Wenzel
CITY COUNCIL OF THE
CITY OF EDG WATER,
By
Mike omas
Mayor
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Sims,Wolfe, Ansay & Kundid
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2011-0-04
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edg water at a meeting held on this l.c�Lkday
ogf, 2011 under Agenda Item No.
•
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c ientt 2011- 144282 # 7
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Page: 4714
Diane M. Matousek
Volusia County, Clerk of Court
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