2004-O-5001/28/2005 01:21 PM
InstnseMi 2005-023364.
Book: 5482
Page: 2897
ORDINANCE NO.2004-0-50
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY MH-1 (MOBILE HOME
PARK) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR
PROPERTY LOCATED AT 820 WEST PARK 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:
1. Williamson Darin Associates, Inc. is the applicant/agent of record for Golden Star
0 of Central Florida, Inc. who are the owners of certain real property located at 820 West Park Avenue,
- r L Edgewater, Florida. Subject property contains approximately 4.95 acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
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classification from City MH-1 (Mobile Home Park) to City B-3 (Highway Commercial) for the
property described herein.
3. On December 8, 2004, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 0, the Board
recommended that City Council consider approval of the request.
4. On January 10, 2004, 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
January 3, 2005.
On January 24, 2005, the City Council held a public hearing on the application after
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publishing notice of such hearing in the Observer on January 13, 2005, 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 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
MH-l (Mobile Home Park) 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:
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2004-0-50
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A portion of Lot 37, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ
GRANT, Section 52, Township 17 South, Range 34 East, according to the plat
thereof, recorded in Map Book 3, Page 137 of the Public Records of Vol usia County,
Florida, lying southerly of Park Avenue, an 80-foot right of way as now laid out, and
lying easterly of Carol Ann Drive, a 60-foot right of way, as shown on plat of Park
Avenue Estates, recorded in Map Book 34, Page 69 of the Public Records of Vol usia
County, Florida and being more particularly described as follows:
For a point of Beginning; commence at the intersection of the easterly line of the
westerly 1754 feet of said Lot 37 and the southerly right of way of said Park Avenue;
thence North 67004'35" East, along said southerly right of way, a distance of364.00
feet to the easterly line of those lands described in Official Records Book 2458, page
0078 of the Public Records of V olusia County, Florida; thence South 23001'20" East,
along said easterly line of those lands described in Official Records Book 2458, Page
0078, a distance of 469.91 feet; thence South 67025'12" West, a distance of364.0l
feet; thence North 23001'20" West, a distance of 168.1 0 feet; thence South 67007'44"
West, a distance of 150.00 feet to the easterly right of way of said Carol Ann Drive;
thence North 2300 1'20" West, along said easterly right of way, a distance of 299.49
feet to said southerly right of way of Park Avenue; thence North 67004'35" East,
along said southerly right of way, a distance of 150.00 feet to the Point of Beginning.
Containing approximately 4.95i: acres.
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 Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, 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.
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PARTD.
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 Vol usia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART G.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on January 10,2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilman Brown and Second byCouncilwoman Rhodes ,the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown X
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
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2004-0-50
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PASSED AND DULY ADOPTED this 24th day of January, 2005.
ATTEST:��^:`
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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2004-0-50
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By
Doeald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 24th day
of January, 2005 under Agenda Item No.
6 G .
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Diane 1, Xatausek
w Volusia Coady, Clerk of Court
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