2004-O-20X
ORDINANCE NO. 2004-0-20
05/21/2004 10:21 AN
O Instrunentt 2DD4-124372
Book: 5323
Page: 4560
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM IPUD (INDUSTRIAL PLANNED
UNIT DEVELOPMENT) TO CITY I-2 (HEAVY INDUSTRIAL)
FOR PROPERTY LOCATED AT 117 NORTH FLAGLER
AVENUE (PARCEL IDENTIFICATION #7452-01-00-0355),
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:
Bruce E. Moss is the owner of certain real property located at 117 North Flagler
Avenue, Edgewater, Volusia County, Florida. Subject property contains approximately 3.29 acres
more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from IPUD (Industrial Planned Unit Development) to City I-2 (Heavy Industrial) for
the property described herein.
3. On April 14, 2004, 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 May 3, 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
April 22, 2004.
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Bc)(]k: 532:3
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5. On May 17, 2004, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 6,2004, 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 ofthe City of Edge water, 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 IPUD
(Industrial Planned Unit Development) to City 1-2 (Heavy Industrial):
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The following described real property all lying and being in the County of V olusia
and State of Florida:
Lots 35J and Lot 35K and that portion of Lots 35L, 35M 350, 35P, 35Q and 35R,
lying Southeasterly of the Florida East Coast Railway, known as the Edgewater
cutoff, ASSESSOR'S SUBDIVISION OF THE G. ALVAREZ GRANT, according
to the plat thereof, recorded in Map Book 3, Page 137; and that portion of Railroad
Avenue lying Northerly of the South line of Lot 35L, Northerly to the Florida East
Coast Railway right of way, all lying in ASSESSOR'S SUBDIVISION OF THE G.
ALVAREZ GRANT, according to the plat thereof, recorded in Map Book 3, Page
137 of the Public Records of Vol usia County, Florida.
Containing approximately 3.29i: acres.
(Parcel #7452-01-00-0355)
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 ATER, 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.
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
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2004-0-20
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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.
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Brown, the vote on the
first reading of this ordinance held on May 3,2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
ABSENT
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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2004-0-20
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Book: 5323
O Page: 4564
AfterMotionby Councilwoman Lichter andSecondl
the vote on the second reading of this ordinance was as follows:
AYE
Councilman Vincenzi
Mayor Donald A. Schmidt x
Councilman James P. Brown Absent
Councilman Dennis Vincenzi x
Councilwoman Harriet E. Rhodes Absent
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 17th day of May, 2004.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2004-0-20
5
NAY
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By enw�n!
Donald A. Schmidt
Mayor
1
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 17tmay
of May, 2004 under Agenda Item No. 6 B .
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Dlane M. Matou;ek- ~-,
Volusla County, Clerk of Court