2001-O-95
04/18/2005 11:49 AM
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ORDINANCE NO. 2001-0-95
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICA TION FROM COUNTY R-3 (URBAN SINGLE
FAMILY RESIDENTIAL) TO R-1 (SINGLE FAMILY
RESIDENTIAL) FOR PROPERTY LOCATED AT 2750 U. S.
HIGHWAY #1, EDGEW A TER, 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:
1. In an effort to be consistent with the City of Edge water Comprehensive Plan, the City
s;> David K. Hall and Renee A. Hall. The subject property is located at 2750 U. S. Highway #1,
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~\.. containing approximately 2.91 acres. The requested zoning change would be from County R-3
has submitted an application requesting a change in zoning classification for property owned by
(Urban Single-Family Residential) to City R-l (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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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 ATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from County
R-3 (Urban Single-Family Residential) to City R-I (Single Family Residential):
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The following described real property all lying and being in the County of V olusia
and State of Florida.
PARCEL A - A portion of the South 400.00 feet of the North 528.00 feet, except the
East 425 feet of and parallel to Highway of the South 3/4 of the Southeast 1/4 of the
Southeast 1/4, Section 2, Township 18 South, Range 34 East and being more
particularly described as follows: Commence at the Southeast comer of 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 89036' 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 425.00 feet for the Point of Beginning: thence continue
S 89036' 26" W along the said South line, a distance of335.00 feet; thence N 000 19'
08" W, a distance of 400.00 feet; thence N 890 36' 26" E, and parallel to the South
line of said Section 2, a distance of269.97 feet; thence S 16040' 20" E, a distance of
156.27 feet; thence S 15051' 54", a distance of39.01 feet; thence S 15051' 49" E a
distance of 39.46 feet; thence S 000 19' 08" E, and parallel to the East line of said
Section 2, a distance of 174.37 feet to the Point of Beginning.
Containing 2.91 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 A TER, 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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Underlined passages are added.
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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.
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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2001-0-95
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Instruimt✓f 2005-098M R 5
OBook: 5533
Page_ 4773
AfterMotionby fig L.. L Z-e— andSecondby cf ,� /" ,
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
v
f� _
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this Y day of �3y , 2004
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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2001-0-95
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
S(Y�St; .JvnX
Robin L. Matusick 1
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this
day of 2002 under
Agenda Item No. (' G
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