2005-O-4308/23/2005 12:06 a0
rstnnent# 2005-230358 R 1
Book: 5633
Page: 351
ORDINANCE NO.2005-0-43
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICULTURE) TO CITY R-3 (SINGLE FAMILY
RESIDENTIAL) FOR PROPERTY LOCATED SOUTH OF 35rrr
STREET AND PINE TREE 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, RECORDING AND
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Marcia E. Barnett, agent and applicant for Steven Krischer and Jeffrey Krischey
owners of property located South of 35" Street and Pine Tree Drive, Edgewater, Florida. Subject
property contains approximately 1.51 acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from County A-2 (Rural Agriculture) to City R-3 (Single Family Residential) for the
property described herein.
3. On July 13, 2005, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - Q the Board
recommended that City Council consider approval of the request.
4. On July 18, 2005, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Daytona Beach
News Journal on July 7, 2005.
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5. On August 1, 2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Daytona Beach News Journal on July 21, 2005, 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.
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 Edgewater, 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 A-2 (Rural Agriculture) 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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and State of Florida:
Lots I through 10 Inclusive, Block 10, Washington Park Subdivision, Unit 6 (also
known as "Part VI" or "Part 6"), according to the Plat thereof as recorded in Map
Book 11, Page 73 of the Public Records of Vol usia County, Florida.
Containing 1.51 :i: acres more or less.
Together with the adjoining right-of-ways for Palm Avenue, Bay Street, Miami
A venue and Oak Street.
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 Chief Planner 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. Ifthis
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.
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PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
The first reading of this ordinance held during the July 18, 2005 City Council meeting was
continued until the August 1, 2005 City Council meeting.
After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the
first reading of this ordinance held on August 1,2005, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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rstnmentf 2005-23M # 5
' ook: 5633
Page: 355
After Motionby Councilwoman Lichter andSecondby Councilwoman Rhodea
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi _ EXCUSED
Councilwoman Harriet E. Rhodes —
Councilwoman Judy Lichter X
PASSED AND DULY ADOPTED this 15th day of August, 2005,
ATTEST:
Susan J. W sworth ..ln.. City Clerk:'
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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2005-0-43
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:�.>
Donald A. Schmidt
Mayor
)'1Cl�a .
Robin . Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 15th day
of August, 2005 under Agenda Item No.
6 C.
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Diane H- 'H t bG
Volusia'C a ousek
ounty, Clerk of C
ourt