83-O-26ORDINANCE NO. 83-0-26
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, CHANGING THE ZONING CLASSIFICATION
OF A PARCEL OF PROPERTY DESCRIBED AS THE EAST 886.7
FEET ON THE SOUTH LINE OF THE WEST 1754 FEET OF LOT 37,
ASSESSOR'S SUBDIVISION OF THE ALVAREZ GRANT, LOCATED
WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER, FLORIDA,
FROM ITS PRESENT ZONING OF MHI TO MH2; PROVIDING THAT
THE OFFICIAL ZONING MAP OF THE CRY OF EDGEWATER, FLORIDA
SHALL BE AMENDED TO REFLECT CHANGE IN ZONING; CONTAINING
A REPEALER PROVISION; A SEVERABI.ITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, William (Bill) Porter is ownerin fee simple of the property
hereafter described.
WHEREAS, Bill Porter as owner of said piece of property, more particularly
described as follows:
A part of the East 886.7 feet of the West 1754 feet as measured on the South
line of Lot 37, Assessor's Subdivision of the G. Alvarez Grant as shown on
map in Map -Book 3, page 137, also the East 879.90 feet of the West 1679.90
feet of Lot 42, G. Alvarez Grant, also that part of Platted Park Avenue per
Map of G. Alvarez Grant lying adjacent to Lot 37, all lying Southerly of
existing Park Avenue, a 50 feet right-of-way as now laid out and Easterly
of Carol Ann Drive, a 60 foot right-of-way per Park Avenue Estates as recorded
in Map Book 34, page 69, Public Records of Volusia County, Florida and all
being more particularly described as follows: Commencing at the Southwest
corner of the Assessor's Subdivision of the G. Alvarez Grant, previously described;
thence N 73 58' 06" E along the South line of s$id grant, a distance of 1754.00
feet for the Point of Beginning; thence North 23 08' 10" W. a distance of
616.58 feet to the Southerly line of said Park Avenue, a 50 foot right-of-way
as now laid out; thence S 670 00' 54" W. along said Southerly line, a distance
of 150 feet to the Easterly line of said Carol Ann Drive; thence 5 230 08, 10"
E along the said Easterly line, a distance of 404.20 feet to the PC of a curve
concave to the Northeast, said curve having a radius of 145 feet, a central
angle of 470 17' 4901, an arc distance of 119.70 feet to the PRC of a curve
concave to the Southbthence along said curve having a radius of 205 feet,
a central angle of 23 t0' 59" an arc distance of 84.74 feet to the PT of
said curve; thence S 46 45' 00" E along the tangent of the previously described
curve and the said Easterly.line of Carol Ann Drive, a distance of 35.65 feet
to the said Southerly line of Lots 37; thence N 730 58' 06" E along said
Southerly line, a distance of 40.56 feet to the Point of Beginning, excepting
the Northerly 250 thereof,
has requested a change in the zoning of said property, and
WHEREAS, the Planning Commission of the City of Edgewater, Florida at a
regular scheduled meeting, considered the rezoning request and has made a favorable
recommendation to the City Council of the City of Edgewater, Florida and
WHEREAS, the Zoning Commission of the City of Edgewater, Florida at a
regular scheduled meeting considered the rezoning request and has recommended
to the City Council of the City of Edgewater, Florida that said request be denied,
and
WHEREAS, the City Council of the City of Edgewater, Florida at a regular
scheduled meeting of November 21, 1983 considered said rezoning request and
recommendations from the Planning Commission and Zoning Commission and by
a vote of 4-0 directed that pursuant to the provisions of Section I100. et seq of the
Code of Ordinances of the City of Edgewater, Florida the necessary steps be taken
in order to take action on said rezoning request.
NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA.
SECTION 1. That the above described property is hereby rezoned from its
present classification from MHl to MH2.
SECTION 2. That no amendment shall be adopted until after Public Notice
and Hearing in accordance with Section 1103.00 of the Code of Ordinances of the
City of Edgewater, Florida.
SECTION 3. That the appropriate City Officials are hereby directed in
accordance with Section 2 above to change the official zoning map to conform
with said rezoning.
SECTION 4. The City Clerk of the City of Edgewater, Florida is hereby
directed to comply with the necessary Hearing and Publication requirements for
adoption of this ordinance.
SECTION 5. All ordinances, or parts of ordinances and all resolutions, or
parts of resolutions in conflict herewith be and the same are hereby repealed.
As well as any portion in the Official Zoning Map of the City of Edgewater,
Florida, in conflict herewith.
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SECTION 6. If any section, part of a section, paragraph, clause, phrase
or word of this ordinance is declared invalid, the remaining provisions of this
ordinance shall not be affected.
SECTION 7. This ordinance shall take effect immediately upon its adoption
by the City Council of the City of Edgewater, Florida and approval as provided by
law.
This ordinance was introduced by \ 4au� STL' a, ,_
This ordinance was read on first reading and passed by a vote of the City Council
of the City of Edgewater, Floridadat a nmeeting of said Council,
held on the [9:0' day of �)qx aay&W , 198 3 , and approved as
provided by law.
The second reading of this ordinance to be at a meeting of the
City Council of the City of Edgewater, Florida to be held on the a3!-'�day
of-PrJ-ruirfhu , 198*.
ROLL CALL VOTE ON ORDINANCE NO. 83-0-26 AS FOLLOWS:
FIRST READING MAYO S
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COUNCR,M -ZONE A HREE
CWjNCILMAq/--
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SECOND READING
M
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• fflE S
COUNCILMAN -` THREE
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CttY,CLERK. -'
This ordinance read and adopted on second reading at a
meeting of the City Council of the City of Edgewater, Florida and authenticated
this day of `7� , 198 q
MAYOR
Approved for legality and form:
RNEY
-4- Ord. 93-0-26