2005-O-5603/06/2006 00:42 M
Irstnamt# 2006-054397 1 I
C O Book: 5779
Page: 1243
ORDINANCE NO.2005-0-56
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICULTURE) TO CITY AG (AGRICULTURE) AND RT
(RURAL TRANSITIONAL) FOR PROPERTY LOCATED AT
2203 AND 2295 COW CREEK ROAD, 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. Paul and Tomoko Newsom and Robert E. Jalbert, Jr., are the owners/applicants for
property located at 2203 and 2295 Cow Creek Road, Edgewater, Florida. Subject property contains
approximately 12.38 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
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classification from County A-2 (Rural Agriculture) to City AG (Agriculture) and RT (Rural
Transitional) for the property described herein.
3. On November 9, 2005, 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 December 5, 2005, 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 November 23, 2005.
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5. On December 19,2005, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on December 8, 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 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
A-2 (Rural Agriculture) to City AG (Agriculture) and RT (Rural Transitional).
The following described real property all lying and being in the County of V olusia
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and State of Florida.
PARCEL #1
A part of Lots 7 and 8, Model Land Company's Subdivision of Lots 1 and 2 and
fractional Northeast 1/4 of Section 8, Township 18 South, Range 34 East per map in
Map Book 5, Page 188 of the Public Records of Vol usia County, Florida, excepting
therefrom that part now in Florida East Coast Railway R/W per Warranty Deed as
recorded in Official Records Book 156, Page 57, Public Records of Vol usia County,
Florida, all being more particularly described as follows: Commence at the
Southwesterly comer of Lot 9, said Model Land Company Subdivision, said point of
commencement also being the center of said Section 8, Township 18 South, Range
34 East; thence North 01002'59" West along the Westerly line of said Lot 9, a
distance of 660.38 feet; thence North 89036'50" East, a distance of 428.37 feet to a
point on the Easterly R/W line of said FEC Railway R/W, said point being 300.00
feet Easterly of as measured at right angles to the centerline of said R/W; thence
North 17059'46" West along the said Easterly R/W, a distance of205.73 feet for the
Point of Beginning; thence continue North 17059'46" West, a distance of 487.29 feet
to the Northerly line of said Lot 8; thence North 89033'41" East along the Northerly
line of said Lots 7 and 8, a distance of 790.21 feet; thence South 0 1 002'44" East, a
distance of 232.60 feet; thence North 89033'41" East, a distance of 215.00 feet;
thence North 01002'44" West, a distance of232.60 feet to the Northerly line of said
Lot 7; thence North 89033'41" East along said Northerly line, a distance of 124.42
feet to the Northeast comer of said Lot 7; thence South 01002'44" East along the
Easterly line of said Lot 7, a distance of330.81 feet; thence South 89035'15" West,
a distance of 677.98 feet; thence South 01002'52" East, a distance of 134.40 feet;
thence South 89036'50" West, a distance of 309.58 feet to the Point of Beginning.
Excepting therefrom the Northerly 30.00 feet of the above described property for
road purposes. With an easement for egress and ingress over the East 15 feet of the
North Y2 of Lot 7. Less and except that portion deeded in Official Records Book
4359, page 2243, Public Records of Vol usia County, Florida, also:
That portion of Lot 8, Model Land Company Subdivision of Lots 1 and 2, fractional
Northeast Quarter of Section 8, Township 18 South, Range 34 East, V olusia County,
Florida, lying Easterly of the centerline of Cow Creek Road, also known as Maytown
Road, as it now exists.
PARCEL #2
A part of Lot 8, Model Land Company's Subdivision of Lots 1 and 2 and fractional
Northeast 1/4 of Section 8, Township 18 South, Range 34 East per map in Map Book
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rument# 2006.054397 # 4
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5, Page 188 of the Public Records of V olusia County, Florida, and being more
particularly described as follows:
Commence at the Southwesterly comer of Lot 9, said Model Company Subdivision,
said point of commencement also being the center of said Section 8, Township 18
South, Range 34 East; thence North 01002'59" West along the Westerly line of said
Lot 9, a distance of 660.38 feet; thence North 89036'50" East, a distance of 428.37
feet to a point on the Easterly R/W line of the FEC Railway R/W, said point being
300.00 feet Easterly of and measured at right angles to the centerline of said R/W and
for the Point of Beginning; thence North 17059'46" West along the said Easterly R/W
line, a distance of205. 73 feet; thence North 89036'50" East a distance of309.58 feet
to the Easterly line of said Lot 8; thence South 01002'52" East along said Easterly
line, a distance of 196.1 0 feet to the Southeast comer of said Lot 8; thence South
89036'50" West along the Southerly line of said Lot 8, a distance of 249.61 feet to
the Point of Beginning.
The Southerly 30.0 feet of Lot 8, subject to an easement for ingress and egress per
OR 1223, Page 309, Public Records of Vol usia County, Florida.
A portion of Lot 8, Model Land Company Subdivision, according to map thereof
recorded in Map Book 5, Page 188, of the Public Records of Volusia County,
Florida, and being more particularly described as follows: Commence at the
Southeast comer of said Lot 8, thence South 89036'50" West, along the Southerly line
of Lot 8, a distance of249.61 feet for the Point of Beginning; said point being 300
feet Easterly of and measured at right angles to the old centerline of the Florida East
Coast Railway; thence continue South 89036'50" West, a distance of 105.00 feet;
thence North 17059'46" West, and parallel with said centerline of the railroad, a
distance of 105.00 feet; thence North 89036'50" East, a distance of 105.00 feet;
thence South 17059'46" East, a distance of 105.00 feet to a point of Beginning.
Containing 12.38 i 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 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
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nJmentlt 2006-{J54397 "# 5
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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.
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.
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PART G.
ADOPTION.
During the December 5, 2005 City Council meeting, Council continued the first reading of
this ordinance until January 9,2006.
During the City Council meeting on December 19, 2005, Council announced a further
continuation until February 13, 2006 due to the January 9, 2006 meeting being canceled.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on February 13,2006, 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
After Motion 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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2005-0-56
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Instnaientt 2006-054397 9 7
OBook: 5779
Page: 1249
PASSED AND DULY ADOPTED this 27th day of February, 2006.
ATTEST:
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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2005-0-56
CITY COUNCIL OF THE
CITY O W rDA
Mike Thomas
Mayor
Robin L. Matu ck
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 27th day
of February, 2006 under Agenda Item No.
6_E_.
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Volusia County, Clerk of Court
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