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2006-O-3602/23/2007 12:33 PH . � O OBooak: 071041618 t 1 Page: 2450 ORDINANCE NO.200&0-36 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL AGRICULTURE) TO CITY B-3 (HIGHWAY COMMERCIAL) FOR PROPERTY LOCATED AT 1840 AIR PARK ROAD, 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: Mark Karel of Zev Cohen and Associates, Inc. as agent/applicant on behalf of Edgewater Airpark, LLC, owners for property located at 1840 Air Park Road, Florida. Subject property contains approximately 0.60 ± acres more or less. 2. The owners/applicants have submitted an application for a change in zoning classification from County A-3 (Transitional Agriculture) to City B-3 (Highway Commercial) for the property described herein. 3. On September 13, 2006, 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 November 6, 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 October 26, 2006. 5. On January 22, 2007, the City Council held a public hearing on the application after Shack 8 hough passages are deleted. Underlined passages are added. 2006-0-36 Instruntmtt 2007-044518 t 2 O crook= 6013 age: 2451 publishing notice of such hearing in the Observer on January 11, 2007, 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. It. 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 A-3 (Transitional Agriculture) to City B-3 (Highway Commercial). The following described real property all lying and being in the County of Volusia and State of Florida. Stnek among' passages are deleted. Underlined passages are added. 2006-0-36 2 Insirtwitt 20OT-044518 • 3 O Mook : 6013 age: 2452 PARCEL O: The Southerly 31.77 feet of that part of Lot 261, lying Westerly of Air Park Road, a 50 foot right-of-way as now laid out and described per Official Records Book 2141, Page 1168, Public Records of Volusia County, Florida, and that part of Lot 262, lying Westerly of Air Park Road and that part of Lot 263, lying Westerly of said Air Park Road and Northerly of State Road No. 442, a 120 foot right-of-way as now laid out, Assessor's Subdivision of the Samuel Betts Chant as shown on map in Map Book 3, Page 153, Public Records of Volusia County, Florida, and being more particularly described as follows: Commence at the Northwest corner of Lot 227, said Assessor's Subdivision of Samuel Betts Grant, thence South 21 °06'40" East along the Westerly line of said Lot 227, and its Southerly extension thereof, a distance of 993 feet for the Point of Beginning; thence North 69e38'30" East a distance of 159.02 feet to a point on the Westerlyright-of-way line of said Air Park Road; thence South 14e04'29" West along said Westerly right-of-way line a distance of 173.30 feet to the Northerly line of said State RoadNo. 442; thence South 68°50'55" West along said Northerly right-of-way, a distance of 137.86 feet to the Westerly line of said Lot 263; thence North 21 °06'40" West along the Westerly line of said Lot 261, 262, and 263, a distance 174.19 feet to the Point of Beginning. Containing 0.60 + 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. Shuck 0 io"gk passages are deleted. Underlined passages are added. 2006-0-36 Instrument! 2007-044510 0 4 O 0 ook: 6013 age: 2453 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, properly, 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 November 6, 2006 is as follows: AYE NAY Mayor Mike Thomas X Councilman Debra Jean Rogers X Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X 5trxk 0, ongh passages are deleted. Underlined passages are added. 2006-0-36 4 Intro td 2007-044518 ! 5 O rook: 6013 age: 2454 On January 22, 2007 a motion to continue second reading until February 5, 2007 was made by Councilwoman Lichter and Second by Councilwoman Rhodes, motion carried 5-0. After Motion to approve by councilwoman Rogers and Second by Councilmanyincenzi , 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 5th day of February, 2007. ATTEST: r CITY COUNCIL OF THE CITY OF EDGE E D - tinsan .I. b�ndsx�orlh: Mike Thomas �`. i:itl Clerk Mayor Robin L. Matusick Paralegal For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid Shock 0 rough passages are deleted. Underlined passages are added. 2006-0-36 5 Approved by the City Council of the City of Edgewater at a meeting held on this 5th day of February, 2007 under Agenda Item No. 7 E .