2007-O-08u
ORDINANCE NO.2007-0-08
08/31/2007 02:22 Rl
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AN ORDINANCE REZONING A PARCEL OF
APPROXIMATELY 20.28 ACRES LOCATED SOUTH OF
TWO OAKS DRIVE AND NORTH OF 27" STREET,
EDGEWATER, FLORIDA, FROM COUNTY R-3 (URBAN
SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL); 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. Glenn D. Storch, Esquire, agent for Omer and Paulette Stull, owner/applicant of
property located South of Two Oaks Drive and North of 27' Street, within Volusia County, Florida
Subject property contains approximately 20.28 ± acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from County R-3 (Urban Single Family Residential) to City R-3 (Single Family
Residential) for the property described herein.
3. On December 12, 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 April 16, 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
Saturday, April 7, 2007.
On July 30, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on Thursday, July 19, 2007, and notifying by mail
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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.
11. 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.
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.
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The zoning classification for the following described property is hereby changed from County
R-3 (Urban Single Family Residential) to City R-3 (Single Family Residential).
The following described real property all lying and being in the County of Volusia
and State of Florida.
The East %: of the Northwest 1/4 of the Southeast 1/4 of Section 2, Township 18
South, Range 34 East, Volusia County, Florida
Containing 20.28 ± 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 competentjurisdiction, such holding shall not affect the remaining
portions ofthis 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
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2007-"S
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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 April 16, 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
This matter was scheduled to be heard during the July 16, 2007 Council meeting however,
this meeting was rescheduled to July 30, 2007. The appropriate notices/legal advertisements were
placed.
During the July 30, 2007 Council meeting a Motion was made to CONTINUE the second
reading/public hearing until August 13, 2007 by Councilwoman Rogers with Second by
Councilwoman Lichter, Motion approved 4-0 (Councilwoman Rhodes absent).
During the August 13, 2007 Council meeting, a Motion was made by Councilwoman Rogers
with second by Councilman Vincenzi to Continue the second reading/public hearing until August
20, 2007. Motion approved 5-0.
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2007-0-08 4
0 0
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 Absent
Councilman Dennis Vincenzi Absent
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter Y
PASSED AND DULY ADOPTED this 20th day of August, 2007.
CITY COUNCIL OF THE
CITY � EDGE �'FGR, �LORIDA
Mike T omas
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
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20a7-0-as
E
Approved by the City Council of the City of
Edgewater at a meeting held on this 20th day
of August, 2007 under Agenda Item No. 7 D .
Instruent# 2W7-199M5 16
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