2006-O-23
"
10/19/2006 08:28 AM
Instrument# 2006-262390 # 1
Book: 5936
Page: 1032
ORDINANCE NO. 2006-0-23
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY R-3 (SINGLE FAMILY
RESIDENTIAL) TO CITY B-3 (HIGHWAY COMMERCIAL)
FOR PROPERTY LOCATED EAST OF 114 OAK RIDGE
A VENUE, EDGEW A TER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEW A TER;
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. Stephen and Jill Hole, owners/applicants for property located east of 114 Oak Ridge
Avenue, Edgewater, Florida. Subject property contains approximately 0.17i acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from City R-3 (Single Family Residential) to City B-3 (Highway Commercial) for the
property described herein.
3. On June 14, 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 July 24, 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 July
13,2006.
5. On September 11, 2006, the City Council held a public hearing on the application
after publishing notice of such hearing in the Observer on August 31, 2006, and notifYing by mail
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2006-0-23
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Inst rumentl 2006-262390 # 2
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Page: 1033
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 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 City
R-3 (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.
A part of Lot 9, Block E, Highland Shores, Section One, according to plat thereof
recorded in Map Book 9, Page 63 of the Public Records of Vol usia County, Florida
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2006-0-23
2
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Instrument. 2006-262390 # 3
Book: 5936
Page: 1034
and being more particularly described as follows:
Commence at the Southwest corner of Lot 9, Block E, Highland Shores, Section One,
said point being a 2 inch iron pipe; run thence N 76023'07" E, along the south line of
said Lot 9, a distance of 66.81 feet for the Point-of-Beginning; thence N 31059'58"
W a distance of 126.69 feet to the southerly right-of-way of Oak Ridge Avenue, a
47.50 feet right-of-way as now laid out; thence S 670] 3'41" E a distance of202.67
feet to the southeast corner of said Lot 9; thence S 76023'07" W, along the south line
of said Lot 9, a distance of 123.] 9 feet to the Point-of-Beginning.
Containing 0.17 .i: 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 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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2006-0-23
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Instrument# 2006-262390 # 4
Book: 5936
Page: 1035
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia 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 Rhodes,
the vote on the first reading of this ordinance held on July 24, 2006 is as follows:
/
AYE
NAY
Mayor Mike Thomas
x
Councilman Debra Jean Rogers
ABSENT
Councilman Dennis Vincenzi
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
On September 11,2006 a motion to approve continuance of second reading until the October
2, 2006 City Council meeting was made by Councilwoman Rhodes and Second by Councilman
Vincenzi, motion carried 5-0.
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2006-0-23
4
A
Instruaentf 2006-262390 0 5
(:Pook: 5936
age: 1036
After Motion to approve by Councilwoman Lichter and Second by
Councilwoman Rhodes , 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 2nd day of October, 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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2006-0-23
5
CITY COUNCIL OF THE
CITY OF RIDA
By:
Mike Thomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of October, 2006 under Agenda Item No.
6 F.
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Inst rumenU 2006
Book _ 59-262390 # 6
Page: 36
Dlane M. -Mat~~7
Volusla County Cl
, erk of Court
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