2006-O-3707/12/2007 03:58 PM
Instnientt 2007-159651 f 1
Book: 6093
Page: 3501
ORDINANCE NO.2006-0-37
AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 10.00 ACRES LOCATED NORTH OF
OAK TRAIL, WEST OF 2%7 OAK TRAIL, EDGEWATER,
FLORIDA, FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY FIT (RURAL TRANSITIONAL);
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FORAN EFFECTIVE DATE, RECORDING AND
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. City of Edgewater, applicant/agent on behalfof Frank and Donna Morris, owners, for
property located North of Oak Trail, West of 2967 Oak Trail, Edgewater, Florida. Subject property
contains approximately 10.00 ± 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 RT (Rural Transitional) for the
properly described herein.
3. On August 9, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 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.
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2006-0-37
Instru0enti 2007-159651 t 2
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V Page: 3502
a. During the November 6, 2006 Council meeting a Motion was made to
TABLE the first reading by Councilwoman Lichter with Second by
Councilwoman Rhodes, Council approved.
b. During the February 5, 2007 Council meeting a Motion was made by
Councilwoman Lichter with Second by Councilwoman Rhodes, to TABLE
the first reading until March 5, 2007, Council approved.
C. During the March 5, 2007 Council meeting, it was determined to indefinitely
continue first reading of this ordinance.
d. Additional legal advertisements and notice letters were placed for this
ordinance to be heard during the May 7, 2007 and May 21, 2007 Council
meetings.
5. On May 7, 2007, the City Council considered on first reading on the application, after
publishing notice on such hearing on April 26, 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. On May 21, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 10, 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.
7. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
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2006-0-37 2
Instnatnti 2001-lMl 13
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8. The proposed change in zoning classification is not contrary to the established land
use pattern.
9. The proposed change in zoning classification will not adversely impact public
facilities.
10. Changed or changing conditions make the proposed amendment necessary.
It. The proposed change in zoning classification will not have an adverse effect on the
natural environment.
12. The proposed change will not have a negative effect on the character of the
surrounding area.
13. 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.
14. 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.
15. The City Council finds the consideration of this rezoning to be a quasi-judicial act
rather than a legislative act of the City Counil.
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 RT (Rural Transitional).
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2006-0-37 3
Instrtrentl 2007-159651 14
�1 Book: 6093
V Page: 3504
The following described real property all lying and being in the County of Volusia
and State of Florida
PARCEL #1-
A portion of Lots 15 and 16, Model Land Company Subdivision as recorded in Map
Book 5, Page 187 of the Public Records of Volusia County, Florida described as
follows:
Commence at Southeast comer of Lot 22, said Model Land Company Subdivision;
thence S 69e38'30" W along the Southerly line of said Model Land Company
Subdivision a distance of 2687.55 feet; thence N 21 "07'05" W, a distance of 622.50
feet for the Point of Beginning; thence continue N 21 e07'05" W, a distance of 622.50
feet to the Northerly line of said Model Land Company Subdivision; thence N
69e38'30" E along said Northerly line a distance of 350.00 feet; thence S 21 °07'05"
E, a distance of 622.50 feet; thence S 69°38'30" W, a distance of 350.00 feet to the
Point of Beginning.
Together with the rightto use the following described property for ingress and egress:
Commence at a concrete monument being the Southeast comer of Lot 22, Model
Land Company Subdivision, as recorded in Map Book 5, page 187 of the Public
Records of Volusia County, Florida; thence South 69038' 30" West along the South
line of said Model Land Company Subdivision, a distance of 169.23 feet to the West
Right -of -Way of Air Park Road (County Road) a 50 foot Right -of -Way as now laid
out; thence North 23024'10" West a distance of 593.29 feet to the South line of a 60
foot Road and Utility Easement and the Point of Beginning; thence South 69038'30"
West and parallel to the South line of Model Land Company Subdivision
aforementioned for a distance of 2144.67 feet; thence North 2100705" West a
distance of 60.00 feet; thence North 69038130" East, a distance of 2142.27 feet to the
West Right -of -Way of said Air Park Road; thence South 23024'10" East, along the
said West Right -of -Way a distance of 60.08 feet to the Point of Beginning.
Containing 5.00 ± acres more or less.
PARCEL #2 -
A parcel of land lying in and being a part of Lots 16 and 17, Model Land Company
Subdivision, according to the plat thereof as recorded in Map Book 5, Page 187, of
the Public Records of Volusia County, Florida, being more particularly described as
follows:
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2006-0-37
Instruent! 2007-15%51 1 5
Book: 6093
0
Commence at the�;outheast comer of Lot 22, said Model LPanlTompany 05
Subdivision, thence South 69038'30" West along the South line of said Model Land
Company Subdivision for a distance of 169.23 feet to the West Right -of -Way of Air
Park Road (County Road), a 50 foot Right -of -Way as now laid out; thence North
23e24'10" West along said West Right -of -Way for a distance of 1246.47 feet to the
South Right -of -Way of a 30 foot platted road as shown on Plat of Model Land
Company Subdivision, aforementioned; thence South 69038'30" West along said
South Right -of -Way for a distance of 1768.62 feet for the Point of Beginning; thence
South 21 e07'05" East and parallel to the East line of said Lot 22 for a distance of
622.5 feet; thence South 69°38'30" West for a distance of 350 feet thence North
21007'05" West fora distance of 622.5 feet to the South Right -of -Way of the 30 foot
platted road aforementioned; thence along said South Right -of -Way North 69038'30"
East for a distance of 350 feet to the Point of Beginning.
Said Property being also known as Parcel 16 of Stanley Acres Phase I, an Unrecorded
Subdivision.
Together with the right to use a 60 foot easement for road and utility purposes more
particularly described as follows:
Commence at a concrete monument being the Southeast comer of Lot 22, Model
Land Company Subdivision, according to the plat thereof as recorded in map Book
5, Page 187, of the Public Records of Volusia County, Florida; thence South
69038'30" West along the South line of said Model Land Company Subdivision for
a distance of 169.23 feet to the West Right -of -Way of Air Park Road (County Road)
a 50 foot Right -of -Way as now laid out; thence North 23024' 10" West for a distance
of 593.29 feet to the South line of a 60 foot Road and Utility Easement and the Point
of Beginning; thence South 69038'30" West and parallel to the South line of Model
Land Company Subdivision aforementioned for a distance of 2144.67 feet; thence
North 21007'05" West for a distance of 60.00 feet; thence North 69°38'30" East for
a distance of 2142.27 feet to the West Right -of -Way of said Air Park Road; thence
South 2302411011 East along the said West Right -of -Way for a distance of 60.08 feet
to the Point of Beginning.
Containing 5.00 ± acres more or less.
For a total of Parcel #1 and Parcel #2 containing 10.00 ± acres more or less
Map of subject property is reflected on Exhibit "A" and incorporated herein.
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2006-0-37
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
WO The Development Services Director is hereby authorized and directed to amend the Official
ON
f0 CO Zoning Map of the City of Edgewater, Florida, to reflect the change in zoning classification for the
Y v above described property.
CO d 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. SEVERABH.ITY 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
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 competentjurisdiction, 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.
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2006-0-37
Instnienti 2007-15%51 ! 7
/1 Book: 6093
PART G. ADO(;ION. V Page: 3507
After Motion to approve by Councilwoman Rhodes and Second by Councilman Vincenzi,
the vote on the fast reading of this ordinance held on May 7, 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
After Motion to approve by Councilwoman Rhodes and Second by
Councilwoman Lichter 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
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2006-0-37 7
PASSED AND DU1tY ADOPTED this 21 st day of May, 2007.0
Instrumentf 2001-159651 S 0
Book: 6093
Page: 3508
ATTEST:
•r
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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2006-0-37
CITY COUNCIL OF THE
CITY OF EDGEW E A
By:
We T a
Wee
RobinTL. Matuaick 1\
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 21 st day
of May, 2007 under Agenda Item No. 714-.
a
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_ Instruaentt 2007-159651 # 9
Book: 6093
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Diane M. Matousek
Volusia County, Clerk of Court