ORDINANCE 2019-04 AN ORDINANCE OF THE CITY OF BELLEVIEW, FLORIDA RELATING TO OFFICIAL ZONING MAP OF THE CITY OF BELLEVIEW, PURSUANT TO AN APPLICATION BY RAINEY LAND COMPANY; CHANGING THE OFFICIAL ZONING DISTRICTS MAP ON 5 +/- ACRES OF LAND WITHIN THE CORPORATE LIMITS OF THE CITY OF BELLEVIEW; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, zoning application RZ18-0010 for an amendment, as described below, to the City s Official Zoning Districts Map has been filed with the City by Rainey Land Company ; and WHEREAS, the Planning and Zoning Board of the City of Belleview did on January 8, 2019, hold the required public hearing, with public notice having been provided, on said application for an amendment, as described below, to the City s Official Zoning Districts Map; and at said public hearing, the Planning and Zoning Board reviewed and considered all comments received during said public hearing and the staff Zoning Report concerning said application for an amendment, as described below, to the City s Official Zoning Districts Map, and which report recommended to the City Commission approval of said application for said amendment to the City s Official Zoning Districts Map; and WHEREAS, the City Commission did on January 15, 2019, hold the required public hearing, with public notice having been provided, on said application for an amendment, as described below, to the City s Official Zoning Districts Map; and at said public hearing, the City Commission reviewed and considered all comments received during the public hearing, including the recommendations of the Planning and Zoning Board and the staff report concerning said application for such amendment to the City s Official Zoning Districts Map; and WHEREAS, the City Commission has determined and found said application for amendment, as described below, to the City s Official Zoning Districts Map to be compatible with the Future Land Use Element objectives and policies, and with those of other affected elements of the City s Comprehensive Plan; and WHEREAS, the City Commission has determined and found that approval of said application for rezoning, as described below, to the City s Official Zoning Districts Map, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare of the City and its Citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BELLEVIEW, FLORIDA, AS FOLLOWS: Section 1. Pursuant to zoning application RZ18-0010 by Rainey Land Company, the City s Page 1 of 5
Official Zoning Districts Map designation is hereby changed from RMH Residential Mobile Home to R-3- Multifamily Residential, on the following described real property: Legal Description Lots 1 and 2, Block C, of The Cedars, a subdivision of the Southwest ¼ of Southeast ¼ of Section 30, Township 16 South, Range 23 East, according to the plat thereof, as recorded in Plat Book C, Page 52, of the Public Records of Marion County, Florida. Less the following described parcel recorded in O.R. Book 4370, Page 1925, Public Records of Marion County, Florida. A portion of Lot 1, Block C, THE CEDARS, according to the plat thereof, as recorded in Plat Book C, Page 52, of the Public Records of Marion County, Florida, being more particularly described as follows: Begin at the northwest corner of Lot 1, Block C, of the above mentioned plat of THE CEDARS, thence N 89 degrees, 59 44 E., along the north boundary line of said Lot 1, Block C, a distance of 155.06 feet; thence departing said north boundary line S 00 degrees 18 58 E., a distance of 230.00 feet; thence S 89 degrees 59 44 W., a distance of 145.11 feet to the point of curvature of a curve concave northeasterly and having a radius of 10.00 feet; thence northwesterly along the arc of said curve through a central angle of 89 degrees 41 18, a distance of 15.65 feet to the point of tangency and the west boundary of said Lot 1; thence run N 00 degrees 18 58 W., along the west line thereof, a distance of 220.06 feet to the point of beginning Subject to all easements, rights of way and restrictions of record. The above legal description also describes lands located in Marion County Florida also known as Parcel ID# 3794-003-002 being also depicted on Map 1 and Map 2. Page 2 of 5
Map 1 Current Zoning Map Page 3 of 5
Map 2 Proposed Zoning Map Section 2. Severability. If any provision or portion of this Ordinance is declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and portions of this Ordinance shall remain in full force and effect. Section 3. Conflicts Repealed. All ordinances or parts of ordinances in conflict with this Ordinance shall be repealed to the extent of such conflict. If any portion of this Ordinance is found to be invalid, then only that portion of this Ordinance shall be stricken. Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption. Page 4 of 5
CERTIFICATE OF ADOPTION AND APPROVAL The above and foregoing ordinance was duly read and approved upon First Reading by a vote of the City Commission of the City of Belleview, Florida, at a Regular Meeting held on 01/15/19. Said ordinance was duly read, passed, and adopted upon Final Reading by a vote of the City Commission of the City of Belleview, Florida at a Regular Meeting held on 02/05/19. Attest: MARGARET DEGENNARO, MMC, CPS City Clerk CHRISTINE K. DOBKOWSKI Mayor/Commissioner Approved as to Form and Legal Sufficiency For the use and Benefit of the City of Belleview Only: FREDERICK E. LANDT, III City Attorney CERTIFICATE OF ADVERTISING I HEREBY CERTIFY that foregoing Ordinance was advertised for a Public Hearing in the January 24, 2019 edition of the Voice of South Marion in accordance with Florida Statutes. Margaret DeGennaro, MMC, CPS City Clerk Page 5 of 5