2004-O-27
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03/21/2006 02:26 PH
1m; 'ment# 2006-068801 # 1
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ORDINANCE NO. 2004-0-27
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM R-l (SINGLE FAMILY
RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY
RESIDENTIAL) FOR PROPERTY LOCATED AT 2751
ALAMANDA DRIVE (PARCEL IDENTIFICATION #8402-00-
00-0681), 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, RECORDING AND ADOPTION.
WHEREAS, the City Council ofthe City of Edgewater, Florida, has made the following
determinations:
1. Judson I. Woods, Jr., P.A. (Agent) has submitted an application on behalf of Larry
,/
D. and Nancy H. Carson who are the owners of certain real property located at 2751 Alamanda
l
Drive, Edgewater, V olusia County, Florida. Subject property contains approximately .49 acres more
\
r
or less.
2. The owner/applicant has submitted an application for a change in zomng
classification from R-I (Single Family Residential) to City R-2 (Single Family Residential) for the
property described herein.
3. On August 11, 2004, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 5 - 0, the Board
recommended that City Council consider approval of the request.
4. On September 13,2004, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
Stl tlck till otlgh passages are deleted.
Underlined passages are added.
2004-0-27
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rument# 2006--068801 # 2
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on September 2, 2004.
5. On September 27, 2004, the City Council held a public hearing on the application
after publishing notice of such hearing in the Observer on September 16,2004, 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 300 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 R-l
(Single Family Residential) to City R-2 (Single Family Residential):
Stltlck tIllotl~l, passages are deleted.
Underlined passages are added.
2004-0-27
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Instrument# 20GB-OB880? II 3
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The following described real property all lying and being in the County of V olusia
and State of Florida:
Parcel #2:
A portion of the Southerly 200.00 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 said South 200.00 feet of the North 528.00 feet lying Easterly of
Florida Shores Unit No.7, per 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 North 000 19' 08" West along the East line of said Section2, a distance
of 465.24 feet; thence South 890 36' 26" West 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 of1320.00 feet to the West line of said Southeast 1/4 of the Southeast 1/4;
thence North 000 19' 08" West along the said West line, a distance of200.00 feet for
the Point of Beginning; thence South 890 36' 26" West, a distance of31.14 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 of2 sheets per map in Map
Book 23, Page 118; thence North 00021' 01" West along said Easterly line of said
planting strip, a distance of 85.00 feet; thence North 890 36' 26" East, a distance of
120.00 feet; thence South 000 21' 01" East, a distance of 85 .00 feet; thence South 890
36' 26" West, a distance of88.86 feet to the Point of Beginning.
Containing 0.2 acres more or less.
along with,
Parcel 3:
A portion of the Southerly 200.00 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 said South 200.00 feet of the North 528.00 feet lying Easterly of
Florida Shores Unit No.7 per map 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 North 000 19' 08 " West along the East line of said Section 2, a distance
Shtick tluotlgh passages are deleted.
Underlined passages are added.
2004-0-27
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rument# 2006-068807 it 4
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of 465.24 feet; thence South 890 36' 26" West along the South line of the North 8
chains ofthe South 3/4 of the Southeast 114 ofthe Southeast 1/4 of said Section 2,
a distance of 1320.00 feet to the West line of said Southeast 114 of the Southeast 114;
thence North 000 19' 08" West along the said West line, a distance of 200.00 feet;
thence South 890 36' 26" West, a distance of31.14 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 of2 sheets per map in Map Book 23, Page 118; thence
North 000 21' 01" West along said Easterly line of said planting strip, a distance of
115.00 feet to the Point of Beginning; thence continue North 000 21' 01" West, a
distance of 85.00 feet; thence North 890 36' 26" East, a distance of 120.00 feet;
thence South 000 21' 01" East, a distance of 85.00 feet; thence South 890 36' 26"
West, a distance of 120.00 feet to the Point of Beginning.
Containing 0.2 acres more or less.
The Northerly 10 feet ofthe above-described property is subject to a utility easement.
Containing approximately 0.49:!: acres.
(Parcel #8402-00-00-0681)
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 Chief Planner is hereby authorized and directed to amend the Official Zoning Map of
the City of Edge water, 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,
StttlGk tIdotlgh passages are deleted.
Underlined passages are added.
2004-0-27
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Instrument# 2006-068807 # 5
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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.
PARTE.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Vol usia County, Florida.
PARTF.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilman Brown, the vote on the
first reading ofthis ordinance held on September 13,2004, was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
Stltlck till OtIgh passages are deleted.
Underlined passages are added.
2004-0-27
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Instrueent# 2006-066607 t 6
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Poe. 4960
After Motionby Councilwoman Lichter and Secondby Councilwoman Rhodes 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 Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter
PASSED AND DULY ADOPTED this 27th day of September, 2004.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner
Shacktlwagh passages are deleted.
Underlined passages are added.
2004-0-27
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
�cy ��,_lAl1 ,lei r4(
Robm L. Matusick I\\
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 27th day
of September, 2004 under Agenda Item No.
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