2003-O-1304/18/2005 12:13 PM
v`�• Instrument# 2005-09N81 9 1
Book: 5533
Page: 4922
ORDINANCE NO.2003-0-13
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE
FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE FAMILY
RESIDENTIAL) FOR CERTAIN PROPERTY LOCATED
WITHIN THE PALM BREEZE SUBDIVISION WHICH IS
LOCATED ON THE EAST SIDE OF U. S. HIGHWAY #1
SOUTH OF PYRAMID PARK, EDGEWATER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
char--- 1. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the City
has submitted an application requesting a change in zoning classification for property owned by Elsie
E. Peck, William R. & Betty Brooks, Garland H. & Peggy L. Young, Stephen W. Schimpf, Walter
& Bonnie Diane Kuchar, Stephen & Christine Pruski, Jr., Stuart & Liann Winkler, David E. &
Carolyn Hubble, Ruis & Barbara West, Edward & Arlene A. Jewett, Catherine Brunner, Teresa L.
Reynolds & Steven L. Brunner, George & Patricia M. Balasko, Floyd R. & Amanda S. Anders,
Vernon L. & Dorothy Lynn Goodrich, David L. & Lorraine L. Cevasco, William M. & Patricia A.
Cattafesta, Donald R. Midland, Margaret & Norman Daniel and Charles & Catherine Labossiere.
The subject properties are located on Palm Breeze Drive, Edgewater, Florida and contain
approximately 7.39±acres. The requested zoning change would be from County R-3 (Urban Single
Family Residential) to City R-3 (Single Family Residential) for the property described herein.
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2. In a letter dated April 17, 2003, the City of Edgewater notified by mail the owners
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property.
3. On April 9, 2003, the Local Planning Agency (Planning and Zoning Board)
considered the request for a change in zoning classification and by a vote of 6 - 0, the Board
recommended that the City Council approve the request.
4. On May 5, 2003, 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
April 24, 2003.
5. On May 19, 2003, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 8, 2003,
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
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rument# 2005098081 # 3
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surrounding area.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEW A TER,
FLORIDA.
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 V olusia
and State of Florida:
A portion ofU. S. Lots 6 and 7, Section 2, Township 18 South; Range 34 East and
accretions easterly thereof and a parcel ofland being a portion of Section 1, and land
easterly of Section 1 and Section 2, Township 18 South; Range 34 East and being
more particularly described as follows:
Beginning at the point of intersection of the south line of U. S. Lot 6, Section 2,
Township 18 South; Range 34 East and the easterly R/W ofU. S. Highway No.1;
thence N 26041'40" W along said easterly R/W ofU. S. Highway No.1, a distance
of140.00 feet; thence N 77009'50" E, a distance of 1045.78 feet; thence N 64041'20"
E, a distance of209.00 feet; thence S 25018'40" E, a distance of396.55 feet; thence
N 64041'20" E, a distance of24.68 feet; thence S 23034'38" E, a distance of 112.15
feet; thence S 64041'20" W, a distance of 247.62 feet; thence N 00012'40" E, a
distance of 119.98 feet; thence N 25018'40" W, a distance of 3.87 feet; thence S
64041'20" W, a distance of25.00 feet to the centerline of Palm Breeze Drive, thence
N 25018'40" W, along said centerline, a distance of 188.95 feet; thence S 85012'50"
W along said centerline of Palm Breeze Drive, a distance of 97.34 feet; thence S
04047' 1 0" E, a distance of 167.14 feet to the southerly line of said U. S. Lot 6; thence
S 89056'40" E along said southerly line, a distance of 138.06 feet; thence S 00003'20"
W, a distance of120.00 feet; thence N 89056'40" W, a distance of120.00 feet; thence
N 00003'20" E, a distance of 120.00 feet to the said southerly line of U. S. Lot 6;
thence N 89056'40" W, along said southerly line, a distance of349.23 feet; thence S
79007'29" W, a distance of 77.75 feet; thence N 12050'10" W, a distance of 117.95
feet; thence S 77009'50" W, a distance of85.45 feet; thence S 12050'10" E, a distance
of 115.04 feet; thence S 79006'56" W, a distance of 430.53 feet to the said easterly
R/W ofU. S. Highway No.1; thence N 26041'40" W, along said easterly R/W, a
distance of 126.18 feet the Point of Beginning.
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rument# 2005-098081 # 4
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Excluding the following described properties:
Parcel #1 - That portion of Government Lots 6 and 7, Section 2, Township 18 South,
Range 34 East, Volusia County, Florida, being more particularly described as
follows: Commence at the intersection of the South line of said Government Lot 6,
and the Easterly Right-of-Way line ofU. S. Highway No.1; run thence S 89056'40"
E along said South line of Government Lot 6, a distance of 96.16 feet for the Point
of Beginning; thence continue S 89056'40" E along said South line, a distance of2.84
feet; run thence N 77009'50" E, a distance of92.87 feet; run thence S 12050'10" E,
a distance of 105.8 feet; run thence S 79007' W, a distance of95.7 feet; run thence N
12050'10" W, a distance of 103.17 feet to the Point of Beginning. The above-
described property being also known as Lot 25, Palm Breeze, an unrecorded
subdivision.
Parcel #2 - That portion of Government Lot 7, Section 2, Township 18 South, Range
34 East, V olusia County, Florida, being more particularly described as follows: Begin
at the intersection of the South line of Government Lot 6, said Section 2, Township
18 South, Range 34 East, and the Easterly Right-of-Way line ofU. S. Highway No.
1; run thence S 89056'40" E along the South line of said Government Lot 6, a
distance of96.16 feet; run thence S 12050'10" E, a distance ofl03.17 feet; run thence
S 79007' W, a distance of 63.66 feet to the said Easterly Right-of-Way line ofU. S.
Highway No.1, run thence N 26041'40" W along said Easterly Right-of-Way line of
U. S. Highway No.1, a distance of 126.18 feet to the Point of Beginning. The above-
described property being also known as Lot 26, Palm Breeze, an unrecorded
subdivision.
Parcel #3 - Commence at the intersection of the South line ofU. S. Lot 6, Section
2, Township 18 South, Rage 34 East, and the Easterly R/W line ofU. S. Highway
No.1; thence S 89056'40" E, 99.09 feet along said South line; thence N 77009'50" E,
92.87 feet for the Point of Beginning; thence N 77009'50" E, 92.65 feet; thence S
12050'10" E, 108.96 feet; thence S 79007' W, 92.7 feet; thence N 12050'10" W, 105.8
feet to the Point of Beginning. The above-described property being also known as
Lot 24, Palm Breeze, an unrecorded subdivision.
Parcel #4 - A portion ofU. S. Lot 6, Section 2, Township 18 South, Range 34 East
lying Easterly of U. S. Highway No. 1 and being more particularly described as
follows: Commence at the intersection of the South line of said U. S. Lot 6 and the
Easterly R/W ofU. S. Highway No.1; thence N 26041'40" W along the Easterly R/W
ofU. S. Highway No.1, a distance of 55.99 feet for the Point of Beginning, thence
continue N 26041'40" W along saidR/W a distance of84.01 feet; thence N 77009'50"
E, a distance of228.78 feet; thence S 12050'10" E a distance of 108.03 feet; thence
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lnstrument# 2005-098081 # !S
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S 77009'50" W, a distance of93 .02 feet; thence N 89056'40" W, a distance of 118.63
feet to the Point of Beginning. The above-described property being also known as
Lots 1 & 2, Palm Breeze, an unrecorded subdivision.
Containing 7.39.:!: 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 EDGEW A TER, FLORIDA.
The Planning 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, 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, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PARTF.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading ofthis ordinance held on May 5, 2003, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hammond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilwoman Lichter and Second by Councilman Hammond
the vote on the second reading/public hearing of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt Absent
Councilman James P. Brown Absent
Councilman Myron F. Hammond x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
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Irstnzentl M-09BO81 t 7 O
Book: 5533
Page: 4928
PASSED AND DULY ADOPTED this 19th day of May, 2003.
s
Susan J. W dsworth
-., City Clerk
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2003-0-13
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Ry''Tf6AA,%Y P��� ar
Harriet E. Rhodes
Vice Mayor
Rollin L. Matmkl
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of May, 2003 under Agenda Item No. 66=C,
Clustrusems zoos-098001 a e
Book: 5533
Page: 4929
Diane M. Hatousek
Volusia County, Clerk of Court