2001-O-91W18/2005 11:45 MI
Irstruenti 2005-090019 f 1
Book: 5533
Page: 4742
ORDINANCE NO.2001-0-91
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 2753
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
determinations:
1. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the City
� 5ahas submitted an application requesting a change in zoning classification for property owned by
�r
Richard E. Beckwith and Cynthia D. Beckwith. The subject property is located at 2753 Alamanda
Drive, containing approximately 2.21 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.
3. 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
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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 ofthe 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
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2001-0-91
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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 528 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 the said Section lying Westerly of and adjacent to
said Southerly 200 feet of the Northerly 528 feet lying Easterly of Florida Shores
Unit #7, a Subdivision according to Map thereof recorded in 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 ofthe North
8 Chains of the South 3/4 of the Southeast 1/4 for the Southeast 1/4 of said Section
2, a distance of 1351.03 feet to the Easterly line of a 6 foot Planting Strip lying
Easterly of and adjacent to Alamanda Drive as shown on the Florida Shores Unit #7
Sheet 2 of 2 sheets according to Plat thereof recorded in Map Bok 23, Page 118 of
the Public Records of V olusia County, Florida; thence N 000 21' 01" W along said
Easterly line of said Planting Strip, a distance of 20.00 feet for the Point of
Beginning; thence continue N 000 21' 01" W, a distance of 160.00 feet; thence N 890
36' 26" E, a distance of 136.00 feet; thence S 000 21' 01" E, a distance of 160.00 feet;
thence S 890 36' 26" W, a distance of 136 feet to the Point of Beginning.
Containing 2.21 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.
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2001-0-91
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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.
PART F.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilman Brown, 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
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2001-0-91
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Instruentl 2005-098019 d 5
0 Book: 5533
Page: 4746
AfterMotionby andSecondby lrn..�,.� A4—
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 '/ day of ^//i,,,,/C , 2009-
- `m
-< S san J. W, sworth
2ity,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
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2001-0-91
CITY COUNCIL OF THE
CITY OF EDGE®W,AAT�ERR, FLORIDA
By. a �oC�2SN%a4/
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 'f
day of 7)&, 2007—under
Agenda Item No. to -c
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