2001-O-42
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ORDINANCE NO. 2001-0-42
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICA TION FROM COUNTY A-2 (RURAL
AGRICUL TURE), A-3 (TRANSITIONAL AGRICUL TURE), B-
4 (GENERAL COMMERCIAL), R-3 (URBAN SINGLE
F AMIL Y RESIDENTIAL) AND RC (RESOURCE CORRIDOR)
TO CITY RPUD (RESIDENTIAL PLANNED UNIT
DEVELOPMENT) FOR PROPERTY LOCATED WEST OF U.
S. HIGHWAY NO.1 AND NORTH AND SOUTH OF VOLCO
ROAD, EDGEWATER, FLORIDA; AMENDING THE
OFFICIAL ZONING MAP OF THE CITY OF EDGEW ATER;
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:
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1. Zev Cohen & Associates, Inc., authorized agent for Edgewater Lake Partners, LLC and
Mark Wallschlaeger, has submitted an application for a change in zoning classification from County
A-2 (Rural Agriculture), A-3 (Transitional Agriculture), B-4 (General Commercial), R-3 (Urban
Single Family Residential) and RC (Resource Corridor) to City RPUD (Residential Planned Unit
Development) for the property described herein.
2. On July 11,2001, the Local Planning Agency (Planning and Zoning Board) considered
the application for change in zoning classification and by a vote of 5 - 0, the Board recommended
that the City Council approve the request.
3. On August 6, 2001, 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 July
27,2001.
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4. On September 10,2001, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on September 1, 2001, 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 500 feet of the subject property.
5. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
6. The proposed change in zoning classification is not contrary to the established land use
pattern.
7. The proposed change in zoning classification will not adversely impact public facilities.
8. Changed or changing conditions make the proposed amendment necessary.
9. The proposed change in zoning classification will not have an adverse effect on the natural
environment.
10. 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), A-3 (Transitional Agriculture), B-4 (General Commercial), R-3 (Urban
Single Family Residential) and RC (Resource Corridor) to City RPUD (Residential Planned Unit
Development) :
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The following described real property all lying and being in the County of V olusia
and State of Florida.
That part of Section 48, Township 18 South, Range 34 East, being part of the Jane
Murray Grant, lying Westerly ofU. S. No.1 Highway as now laid out. (Note: the
"Jane Murray Grant" in its entirety, consists solely of all of Sections 48 and 49 of
Township 18 South, Range 34 East, as clarified by Final Decree of the Circuit Court,
Seventh Judicial Circuit, V olusia County, Florida, filed December 5, 1916, at Minute
Book 9, Page 116).
Excepting therefrom, a parcel ofland described as follows: Begin at the intersection
of the West line ofU. S. No.1 Highway and the North line of said Murray Grant;
thence along said Murray Grant S 68 Degrees 31' 56" W 1005.8 feet; thence S 22
Degrees 49' 26" E 1732.2 feet; thence N 68 Degrees 31' 56" E 1005.8 feet to the West
Right-of-Way ofU. S. No.1 Highway; thence along said West Right-of-Way N 22
Degrees 49' 26" W 1732.3 feet to the Point of Beginning, containing 40 acres more
or less.
And excepting therefrom, that portion of the South ~ of the North 52.465 chains of
the East 8 chains of Section 48, Township 18 South, Range 34 East lying Westerly
of said U. S. No.1 Highway; the West line of this exception being clarified by Final
Decree of the Circuit Court, Seventh Judicial Circuit, Volusia County, Florida, filed
July 25, 1945, at Chancery Order Book 94, Page 516 as opposed to the undefinable
West line of that certain metes and bounds description found in that same Final
Decree.
And excepting therefrom the Florida East Coast Railway, a 100 foot Right-of- Way.
And excepting therefrom the VoIco Road Right-of-Way as may be claimed by
Volusia County, Florida.
TOGETHER WITH:
U. S. Lot 2, Section 14, Township 18 South, Range 34 East excepting therefrom the
East 330 feet of the West 660 feet of the North 660 feet and excepting therefrom the
VoIco Road Right-of-Way as may be claimed by Volusia County, Florida.
TOGETHER WITH:
u. S. Lots 3 and 4, Section 14, Township 18 South, Range 34 East.
Containing 449.89 acres, more or less.
AND:
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A portion of U. S. Lots 2 and 3, Section 13, Township 18 South, Range 34 East,
lying Westerly ofU. S. Highway No. I, and being more particularly described as
follows:
As a point of reference, commence at the Northwest comer ofU. S. Lot 2, Section
13, Township 18 South, Range 34 East; thence N 680 38' 36" E along the north line
of said U. S. Lot 2, a distance of 154.08 feet for the POINT OF BEGINNING; thence
continue N 680 38' 36" E, a distance of 1337.62 feetto a point, said point being 77.00
feet Westerly of and measured at right angles to the survey line of State Road No.5,
Section 7901, also known as U. S. Highway No. I, per Official Records 128, Page
278 of the Public Records of Vol usia County, Florida; thence S 220 57' 44" E along
a line that is 77.00 feet Westerly of and parallel to said survey line, a distance of
1591.18 feet to the South line of said U. S. Lot 3; thence S 87035' 58" W along the
South line of said U. S. Lots 2 and 3, a distance of753.06 feet; thence N 57044' 13"
W, a distance of283.75 feet; thence N 25006' 23" W, a distance of 164.34; thence
S 830 50' 50" W, a distance of 505.89 feet; thence N 140 10' 55" W, a distance of
387.50 feet; thence N 280 02' 31" W, a distance of 439.35 feet to the Point of
Beginning.
Containing 37.71 acres more or less.
Subject Property Containing a Total of 487.6 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 ATER, 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.
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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 provided that it is consistent with the
comprehensive plan approval.
PART F.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on August 6, 2001, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
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2001-0-42
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Instnmenti 2005-097926 1 6
0 Book: 5533
�J Page: 4513
After Motion by C,,—Y d,.,_„ and Second by Co-c..-.�..
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
_
Councilman James P. Brown
4—
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter_
PASSED AND DULY ADOPTED this -1-6- day of , 2001.
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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2001-0-42
CITY COUNCIL OF THE
CITY OF EDGEW�JAT1ER, FLORIDA
By: iQil /.Q,"6
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 16
day of 2001 under
Agenda Item Po. 'JA�
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