2003-O-1704/18/2005 12:18 PH
Instnwrtt 2005-OM2 R 1
Book: 5533
Page: 4981
ORDINANCE NO.2003-0-17
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY R-1 (SINGLE FAMILY
RESIDENTIAL) TO CITY R-3 (SINGLE FAMILY
RESIDENTIAL) FOR PROPERTY LOCATED AT 1320
SOUTH RIVERSIDE DRIVE, 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:
1. In an effortto be consistent with the City of Edgewater Comprehensive Plan, the City
has submitted an application requesting achange in zoning classification forproperly owned by John
Sb
%Q C. Adkins. The subject property is located at 1320 South Riverside Drive, containing approximately
.34 + acres. The requested zoning change would be from City R-1 (Single Family Residential) to
City R-3 (Single Family Residential) for the properly described herein.
2. In a letter dated July 15, 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 June 11, 2003, the Local Planning Agency (Planning and Zoning Board)
considered the request for a change in zoning classification and by a vote of 5 - 1, the Board
recommended that the City Council approve the request.
4. On August 4, 2003, the City Council considered on first reading/public hearing the
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rumentlt 2005-0~1809;! # 2
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proposed change in the zoning classification after publication of such hearing in the Observer on July
23,2003.
5. On August 18,2003, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on August 6, 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
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 ATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from City
R-I (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
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2003-0-17
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1n:;t rument# 2005-098092 # 3
BC1C)k: 5533
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and State of Florida.
A portion of Lots 3, 4 and 5, Block 10, according to the plat of Totem Park
Subdivision in the Town of Edgewater, Florida, per Map Book 4, Page 46, of the
Public Records of V olusia County, Florida; a portion of that part of First Street which
has been vacated lying between Lots 3, 4 and 5, Block 9, and Lots 3,4 and 5, Block
10, pursuant to Ordinance No. 225 recorded in Official Records Book 1521, Page
316, of the Public Records of Vol usia County, Florida and a portion of the Northerly
20.00 feet of that portion of Thomas Street lying southerly of and adjacent to Blocks
9 and 10 and First Street lying between said Blocks 9 and 10, said Totem Park; being
described as follows:
Commence at the northwest comer of Lot 3, Block 9, of said Totem Park
Subdivision; thence N 63059'30" E, along the northerly line of said Lot 3, Block 9
and along the easterly prolongation of said northerly line of Lot 3, Block 9, a distance
of 155.00 feet for the Point of Beginning; thence continue N 63059'30" E, along said
easterly prolongation of the northerly line of Lot 3, Block 9 and along the northerly
line of said Lot 3, Block 10, a distance of91.66 feet; thence S 25059'10" E, a distance
of 169.93 feet to the southerly line of said northerly 20.00 feet of Thomas Street;
thence S 64000"52" W, along said southerly line of the northerly 20.00 feet of
Thomas Street, a distance of82.54 feet; thence N 29003'30" W, a distance of 170.14
feet to the Point of Beginning.
Containing .34i acres more or less.
(A Portion of Parcel #7433-13-10-0050)
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.
PARTC.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
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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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2003-0-17
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PART F.
ADOPTION.
After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on August 18, 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 bX;ounc ilman Hammond
and Second by Councilwoman Rhodes
the vote on the second reading/public hearing of this ordinance 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
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2003-0-17
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Instruaentt 2005-098M 9 7
^ Book: 5533
`.i Page: 4987
PASSED AND DULY ADOPTED this 8th day of September, 2003.
ATTEST:
Susan.l. Wad's orth
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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2003-0-17
CITY COUNCIL OF THE
CIT�EDGEWATER, FLORIDA
By -'
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 8th day of
September, 2003 under Agenda Item No.
6D .