2007-O-12X
ORDINANCE NO.2007-0-12
07/12/2007 03:38 PS
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AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 0.459 ± ACRES LOCATED AT 1830
ORANGE TREE DRIVE, EDGEWATER, FLORIDA, FROM
CITY R-2 (SINGLE-FAMILY RESIDENTIAL) TO CITY RP
(RESIDENTIAL PROFESSIONAL); 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. Christopher"Trey" and Sharon Harshaw, owner/applicant ofproperly located at1830
Orange Tree Drive, within Volusia County, Florida. Subject property contains approximately 0.459
± acres more or less.
2. The owner/applicant has submitted anapplication for a change in zoning
classification from City R-2 (Single Family Residential) to City RP (Residential Pofessional) for the
property described herein.
3. On May 9, 2007, 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 June 4, 2007, 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
May 25, 2007.
5. On June 21, 2007, the City Council held a public hearing on the application after
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publishing notice of such hearing in the Observer on June 7, 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.
12. The City Council finds that the requested rezoning does not affect a large portion of
the public, but rather has impact on a limited number of persons or property owners.
13. The City Council finds that the requested rezoning is a decision contingent on a fact
or facts arrived at from distinct alternatives and that the requested rezoning decision can be
functionally viewed as policy application, rather than policy setting.
14. The City Council finds the consideration of this rezoning to be a quasi-judicial act
rather than a legislative act of the City Council.
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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 City
R-2 (Single Family Residential) to City RP (Residential Professional).
The following described real property all lying and being in the County of Volusia
and State of Florida.
Lot 1557 (less that apart in new right-of-way), Lots 1558, 1559 and 1560, Block 69,
Florida Shores No. 3, according to map recorded in Map Book 23, Page 83, Public
Records of Volusia County, Florida.
Containing 0.459 ± 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.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, such holding shall not affect the remaining
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portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable
to any person, property, or circumstances by a court of competent jurisdiction, 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 Rhodes and Second by Councilman Vincenzi,
the vote on the first reading of this ordinance held on June 4, 2007 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
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After Motion to approve by Councivoman Roeerand Second byCouncilman Vincenzi ,
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 Absent
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 18th day of June, 2007.
ATTEST:
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
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2007-0-12
5
CITY COUNCIL OF THE
CITY OF EDGEW R, FLORIDA
By:
Mik horoas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 18th day
of June, 2007 under Agenda Item No. 7B