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2001-O-8901/18/2D5 11:43 AM Instrtaerdi 2005-098018 R 1 O OBook: 5533 y' Page: 4736 ORDINANCE NO.2001-0-89 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE FAMILY RESIDENTIAL) TO R-1 (SINGLE FAMILY RESIDENTIAL) FOR PROPERTY LOCATED AT 2751 ALAMANDA 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 AND FOR ADOPTION. WHEREAS, the City Council of the City of Edgewater, Florida, has made the following deterrtinations: 1. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the City 3a-O s+1 has submitted an application requesting a change in zoning classification for property owned by Larry D. Carson and Nancy Hall Carson. The subject property is located at 2751 Alamanda Drive, containing approximately 2.71 acres. The requested zoning change would be from County R-3 (Urban Single -Family Residential) to City R-1(Single Family Residential) forthe property described herein. 2. In a letter dated October 15, 2001, the Planning Department notified the owners of the property of the pending rezoning for their property. On November 14, 2001, the Local Planning Agency (Planning and Zoning Board) considered the request for a change in zoning classification and by a vote of 7 - 0, the Board recommended that the City Council approve the request. 4. On December 3, 2001, the City Council considered on first reading/public hearing Shuck dongh passages are deleted. Underlined passages are added. 2001-0-89 ... '..."F) ,], ~J C,' : HJ Ii { the proposed change in the zoning classification after publication of such hearing in the Observer on November 24,2001. 5. On December 17,2001, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on December 6, 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. 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 Stlnd-. tluongh passages are deleted. Underlined passages are added. 2001-0-89 2 ?oo::\ . ((1BO IJ: ..... "-,,p <:J ~] f_" ::4 1 :,H3 R-3 (Urban Single-Family Residential) to City R-1 (Single Family Residential): The following described real property all lying and being in the County of V olusia and State of Florida. A portion of the Southerly 200 feet of the Northerly 328.00 feet of the South 3/4 of the Southeast 1/4 of the Southeast 1/4, Section 2, Township 18 South, Range 34 East and a portion of the Southeast 1/4 of said Section 2, lying Westerly of and adjacent to the South 200.00 feet of the North 328.00 feet lying Easterly of Florida Shores Unit No.7, per Map Book 23, Page 118 of the Public Records of Vol usia County, Florida and being more particularly described as follows: Commence at the Southeast comer of said Section 2, Township 18 South, Range 34 East; thence N 000 19' 08" W, along the East line of said Section 2, a distance of 465.24 feet; thence S 890 36' 26" W along the South line of the North 8 chains of the South 3/4 of the Southeast 1/4 of the Southeast 1/4 of said Section 2, a distance of 1320.00 feet to the West line of said Southeast 1/4 of the Southeast 1/4; thence N 000 19' 08" W along the said West line a distance of 200.00 feet for the Point of Beginning; thence S 890 36' 26" W, a distance of 31.14 feet to the Easterly line of a 6 foot Planting Strip lying Easterly of and adjacent to Alamanda Drive, as shown on Florida Shores Unit No. 7, Sheet 2 of 2 sheets per Map in Map Book 23, Page 118, thence N 000 21' 01" W along said Easterly line of said Planing Strip a distance of200.00 feet; thence N 890 36' 26" E, a distance of 591.25 feet; thence S 000 19' 08" E, a distance of200.00 feet; thence S 890 36' 26" W, a distance of 560.00 feet to the Point of Beginning. Containing 2.71acres 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, Stmek thlotlgh passages are deleted. Underlined passages are added. 2001-0-89 3 -- ......,,) ,:t f] t, , lH # 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. PART F. ADOPTION. After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on the first reading of this ordinance held on December 3, 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 Stmek tluongh passages are deleted. Underlined passages are added. 2001-0-89 4 101 Irstruimtt 2005-098018 t 5 ook: 5533 age: 4740 AfterMotionby Clr� andSecondby the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Donald A. Schmidt Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter _ PASSED AND DULY ADOPTED this 11 day of 142w- , 200k. 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 Shuck Chic t gh passages are deleted. Underlined passages are added. 2001-0-89 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA 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 11 day of 200A under Agenda Item No.