2005-O-57� 02/00/2006 02:02 ax
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ORDINANCE NO.2005-0-57
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL)
FOR PROPERTY LOCATED AT 3208 EELS GROVE 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. Robert E. Jalbert, Sr, was the previous owner/applicant who transferred the property
located at 3208 Eels Grove Road, Edgewater, Florida to Douglas J. Klein on May 25, 2005. Subject
property contains approximately 1.15 acres more or less.
!p 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 RT (Rural Transitional) for the property
described herein.
3. On December 14, 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 19, 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 December 8, 2005.
5. On January 9, 2006, the City Council held a public hearing on the application after
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publishing notice of such hearing in the Observer on December 29,2005, 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 EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
A-2 (Rural Agriculture) to City RT (Rural Transitional).
The following described real property all lying and being in the County of V olusia
and State of Florida.
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A part of Lot 7, Model Land Company, Subdivision of Section 8, Township 18
South, Range 34 East, as shown on map in Map Book 5, Page 188, of the Public
Records of V olusia County, Florida, and being more particularly described as
follows: Commence at the Southwesterly corner 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 01 002'59" West along the Westerly
line of Lots 8 and 9, said Model Land Company Subdivision, a distance of 1,320.75
feet to the Northwest corner of said Lot 8; thence North 89033'41" East along the
Northerly line of said Lots 7 and 8, a distance of 1,016.56 feet for the Point of
Beginning; thence continue North 89033' 41" East, a distance of215.00 feet; thence
South 01002'44" East, a distance of 232.60 feet; thence South 89033'41" West, a
distance of215.00 feet; thence North 01 002'44" West, a distance of232.60 feet to the
Point of Beginning, excepting therefrom the Northerly 30.00 feet to road purposes,
containing a net acreage of 1.00 acre.
Containing 1.15 .: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 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, 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
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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 V olusia County, Florida.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
the first reading of this ordinance held on December 19,2005, 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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After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes ,
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 g
PASSED AND DULY ADOPTED this 23rd day of January, 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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CITY COUNCIL OF THE
CITY OF EDGEWAT , F DA
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Mike Thomas
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 23rd day
of January, 2006 under Agenda Item No.
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Diane M. Matousek
Volusia County, Clerk of Court
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