2001-O-93
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04/18/2005 11:47 AM
Instrumerrt# 2005-098022 ,~ 1
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ORDINANCE NO. 2001-0-93
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE
FAMILY RESIDENTIAL) TO R-l (SINGLE FAMILY
RESIDENTIAL) FOR PROPERTY LOCATED AT 2759
ALAMANDADRIVE, EDGEW A TER, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEW A TER; 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 Edge water Comprehensive Plan, the City
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has submitted an application requesting a change in zoning classification for property owned by
Dennis M. Moore and Arlene M. Moore. The subject property is located at 2759 Alamanda Drive,
containing approximately .50 acres. The requested zoning change would be from County R-3 (Urban
Single-Family Residential) to City R-1 (Single Family Residential) for the 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
the proposed change in the zoning classification after publication of such hearing in the Observer
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Underlined passages are added.
2001-0-93
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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 ofthe 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
R-3 (Urban Single-Family Residential) to City R-l (Single Family Residential):
Stltl.:.k tlllOtl~h passages are deleted.
Underlined passages are added.
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The following described real property all lying and being in the County of V olusia
and State of Florida.
A portion ofthe Southerly 200 feet of the Northerly 528.00 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 lying Westerly of and adjacent to
the Southerly 200 feet of the Northerly 528.00 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 Volusia 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 for the Southeast 1/4 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 Book 23, Page 118 of the
Public Records of V olusia County, Florida; thence N 000 21' 01" W along said
Easterly line of said Planing Strip a distance of20.00 feet for the Point of Beginning;
thence continue N 000 21' 01" W, a distance of 150.00 feet; thence N 690 36' 26" Em
a distance of 136.00 feet; thence S 00021' 01" E, a distance of180.00; thence S 690
36' 26" W, a distance of 138 feet to the Point of Beginning.
Containing .50 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.
Shtick tluotl~h passages are deleted.
Underlined passages are added.
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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 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
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Underlined passages are added.
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Irstruenti 2005-098M i 5
OBook: 5533
Page: 4756
AfterMotionbyG..,,--/— -- andSecondby � ^^
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
1—
Councilman James P. Brown
Councilman Derails A. Vincenzi
Councilwoman Harriet E. Rhodes
�y
Councilwoman Judy Lichter
/-
PASSED AND DULY ADOPTED this `q day of 200L
Susan J. W dsworth
�Kity 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
Shack duovgh passages are deleted.
Underlined passages are added.
2001-0-93 5
CITY COUNCIL OF THE
CITY OF EDGEWA,T,ERR,, FLORIDA
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By o t,�(�2�e ��f(/
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 Y
day of /1�,..._ 2003 under
Agenda Item No. G E
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