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ORDINANCE NO.2006-0-03
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4W (GENERAL
COMMERCIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
AND R-3 (SINGLE FAMILY RESIDENTIAL) FOR
PROPERTY LOCATED AT 3609 AND 3625 SOUTH U.S.
HIGHWAY NO. 1,INCLUDINGTHE VACANT PARCELS TO
THE NORTH AND EAST, 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:
1. Visconti Construction, LLC, applicant for Diversified Flooring, Inc., owners of
property located at 3609 and 3625 South U. S. Highway No. 1, including the vacant parcels to the
north and east, Edgewater, Florida. Subject property contains approximately 2.44 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
c
classification from CountyB4W (General Commercial) to City B-3 (Highway Commercial) and R-3
(Single Family Residential) for the property described herein.
3. On September 14, 2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On February 13, 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
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bn February 2, 2006.
5. On February 27, 2006, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on February 16, 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 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.
The zoning classification for the following described property is hereby changed from County
B-4W (General Commercial) to City B-3 (Highway Commercial) and R-3 (Single Family
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Residential.
The following described real property all lying and being in the County of Volusia
and State of Florida.
Lots 15, 16, 17, 18, 19, 20 and 21, Re -Subdivision of Waterway Park, Sec 1,
according the plat recorded in Map Book 19, Page 269, Public Records of Volusia
County, Florida Also Lots 115,116,117,118, 119 and 120, Waterway Park, Sec #2,
according to the plat recorded in Map Book 19, Page 270, of the Public Records of
Volusia County, Florida.
Containing 2.44 ± 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.
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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 by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on February 13, 2006, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
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2006-0-03 4
n
S
x
MLL7
x
1o0)
co L
After Motionby Councilwoman Rogers and Secondby councilman Vincenzi
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
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
PASSED AND DULY ADOPTED this 27th day of February, 2006.
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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2006-0-03
CITY COUNCIL F THE
CITY O EDG AER, RIDA
B 1
Mike; Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 27th day
of February, 2006 under Agenda Item No.
6 a
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Diane M. Matousek
Volusia County, Clerk of Court