2006-O-1608/29/2006 03:53 PH
Instn mnt# 2006-219163 6 1
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ORDINANCE NO.2006-0-16
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY R4 (MULTI -FAMILY
RESIDENTIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED WEST OF U.S. HIGHWAY NO.
1, SOUTH OF 1900 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, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
Tom Corbett, Florida Concepts, hrc, (agent) on behalf of Federal Trust Bank,
owner/applicant of property located West of U. S. Highway No. 1, South of 1900 South Ridgewood
Avenue, Edgewater, Florida. Subject property contains approximately 0.45 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from City R4 (Multi -Family Residential) to City B-3 (Highway Commercial) for the
property described herein.
3. On March 8, 2006, 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 May 15, 2006, 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
May 5, 2006.
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5. On August 21, 2006, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on August 10, 2006, 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 bythe People ofthe City of Edgewater, Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from City
R-4 (Multi -Family Residential) to City B-3 (Highway Commercial).
The following described real property all lying and being in the County of Volusia
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and State of Florida.
A part of U.S. Government Lot 3, Section 2, Township 18 South, Range 34 East,
Volusia County, Florida and being more particularly described as follows:
Commence at the intersection of the Southerly R/W line of Indian River Boulevard,
65 foot R/W, and also known as State Road #442, as shown on map in Map Book 23,
Page 57 of the Public Records of Volusia County, Florida and the Westerly R/W line
of U.S. Highway No. 1, a 158 foot R/W as now laid out thence S 29°00'30" E along
the said Westerly R/W, a distance of 547.31 feet to the PC of a curve concave to the
West; thence Southerly along said curve having a radius of 11,333.35 feet a central
angle of 1 e3954", an arc distance of 329.34 feet for the Point of Beginning; thence
continuing along said curve having a radius of 11,333.35 feet a central angle of
0°38'36", an arc distance of 127.25 feet to the PT of said curve; thence continuing
along the Westerly R/W and along the tangent of the previously described curve S
26°42'00" E, a distance of 407.75 feet; thence S 89°35'34" W, a distance of 593.42
feet; thenceN 0007'59" E, a distance of 299.98 feet; thence N 62°39' 16" E, a distance
of 395.93 feet to the Point of Beginning.
Containing 0.45 ± 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,
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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.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on May 15, 2006 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers X
Councilman Dennis Vincenzi ABSENT
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter 3
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After Motionby Councilwoman Rogers and Secondby councilwoman Lichter ,
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Debra J. Rogers x _
Councilman Dennis Vincenzi ABSENT
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 21 st day of August, 2006.
ATTEST: - CITY COUNCIL OI
CITY PF EDgEWff
e Susa1P�.} Wea orth
City Clerk
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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2006-0-16 5
VlG
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 21 st day
ofAugust, 2006 under Agenda Item No. 6tt .
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S
o Qz d t,
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Diane M. Matousek
yolusia Candy, Clerk of Court
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