2001-O-73ORDINANCE NO.2001-0-73
T=lx
N
AN ORDINANCE GRANTING A CHANGE IN ZONING
p
CLASSIFICATION FROM R-4 (MULTI FAMILY
(p7C�o
o I N
RESIDENTIAL) TO RPUD (RESIDENTIAL PLANNED UNIT
i°
.
DEVELOPMENT) FOR PROPERTY LOCATED ON THE
Nl�roo
...,
o
SOUTH SIDE OF ROBERTS ROAD EAST OF MEADOWin
NLDoo
�Y
LAKE SUBDIVISION, EDGEWATER, FLORIDA;
�yoro
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
U H c
c �pjd
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. Jim Scott and Ed Grant, contract purchasers and authorized agents for Margaret Salvioli,
have submitted an application for a change in zoning classification from R-4 (Multi Family
�w Residential) to RPUD (Residential Planned Unit Development) for the property described herein.
2. San Remo of Edgewater,Inc. obtained title to the subject property and provided proof
of ownership by Warranty Deed along with an Affidavit executed by Jim Grant to assume the
Edgewater Terrace Project.
3. On September 12, 2001, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 1, the Board
recommended that City Council consider approval of the request.
4. On November 5, 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 October 25, 2001.
*Re -recorded to reflect
Semekelmangh passages are deleted. Exhibit "A".
Underlined passages are added.
2001.0-73 1
p��
' Book: 4861
t O 'age: 2294
5. On November 12, 2001, the City Council held a public hearing on the application
u7 It after publishing notice of such hearing in the Observer on November 1, 2001, and notifying by mail
C• Ln
�t N
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.
C 6. The proposed change in zoning classification is consistent with all elements of the
Im IL
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 EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from R4
(Multi Family Residential) to RPUD (Residential Planned Unit Development):
The following described real property all lying and being in the County of Volusia
Shack gh passages are deleted.
Underlined passages are added.
2001-0-73 2
Book: 4861
r O age: 2295
and State of Florida
In LLO Lot 16, EDGEWATER COUNTRY ESTATES UNIT 1, according to the plat
C" thereof, recorded in Map Book 11, Page 247, of the Public Records of Volusia
NCounty, Florida.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
0D
00
pa(L PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, 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.
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.
Shuck Hit passages are deleted.
Underlined passages are added.
20014) 3 3
Book: 4061
�^ ,aee : 2296
l► v
PART F. ADOPTION.
In Z After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the
[� U1
Nfirst reading of this ordinance held on November 5, 2001, was as follows:
AYE NAY
00 Mayor Donald A. Schmidt X
oro —
�a iL
Councilman James P. Brown X
Councilman Dennis A. Vincenzi X
Councilwoman Harriet E. Rhodes ABSENT
Councilwoman Judy Lichter X
After Motion by Councilman Vincenzi and Second by Councilman Brown
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 A. Vincenzi x
Councilwoman Harriet E. Rhodes ABSENT
Councilwoman Judy Lichter x
Sa dek-Mrongh passages are deleted.
Underlined passages are added.
2001-0-73 4
C
Book: 4861
rRaee : 2297
V
ca
0
PASSED AND DULY ADOPTED this 12' day of November, 2001.
Lo L, `m
4N 000r
b�
X 0) '°:.ATTEST:
00t 'm-,
00 r N.......r
%TY R�
f19W(►li't1.1 Lisa Bloomer
k' DeQ'pty 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
Semek-d totsh passages ere deleted.
Underlined passages are added.
2001-0-73
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robi'b . Arai
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this 12th
day of November 2001 under
Agenda Item No. 6A