2006-O-0907/26/2006 09:16 AM
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ORDINANCE NO.2006-0-09
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL)
FOR PROPERTY LOCATED AT 2923 OAK TRAIL,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING FOR CONFLICTING PROVISIONS,
S9.�10 SEVERABILITY AND APPLICABILITY; PROVIDING FOR
tgp AN EFFECTIVE DATE, RECORDING AND ADOPTION.
VZ.1 WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Anthony and Melissa Lancellotta, owners/applicants of property located at 2923 Oak
Trail, Edgewater, Florida. Subject property contains approximately 0.9 acres more or less.
2. The owner/applicant has submitted an application for a change in zoning
classification from County A-3 (Transitional Agriculture) to City RT (Rural Transitional) for the
property described herein.
3. On February 8, 2006, 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 April 3, 2006, the City Council considered on first reading/public hearing the
proposed change in the zoning classification after publication of such hearing in the Observer on
March 23, 2006.
5. On May 1, 2006, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on April 20, 2006, and notifying by mail all
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S3 property owners who own real property directly affected by the proposed action and all property
00 �g owners who own real property within 300 feet of the subject property.
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.� „ „ 6. The proposed change in zoning classification is consistent with all elements of the
0 In Edgewater Comprehensive Plan.
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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 Edgewater, Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification forthe following described property is hereby changed from County
A-3 (Transitional Agriculture) to City RT (Rural Transitional).
The following described real property all lying and being in the County of Volusia
and State of Florida.
A portion of Parcel 8, Stanley Acres, an unrecorded subdivision being part of Lots
20 and 21, Model Land Company Subdivision, as shown on map in Map Book 5,
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€i Page 187 of the Public Records of Volusia County, Florida and being more
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particularly described as follows:
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0) V Commence at a concrete monument being the Southeast comer of Lot 22, said Model
Land Company Subdivision; thence S 69038'30" W along the South line of said
y Model Land Company Subdivision, a distance of 169.23 feet to the Westerly R/W
.M1 line of Air Park Road; thence N 23024'10" W along said Westerly RIW line of Air
Park Road, a distance of 1046.67 feet; thence S 69038'30" W, a distance of 376.59
feet for the Point of Beginning; thence S 21007'05" E, a distance of49.00 feet; thence
S 69038'30" W, a distance of 175.00 feet; thence S 2100705" E, a distance of 125.00
feet; thence S 69038'30" W, a distance of 175.00 feet; thence N 21007'05" W, a
distance of 174.00 feet; thence N 69038'30" E, a distance of 350.00 feet to the Point
of Beginning.
Containing 0.9 ± 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 EDGEWATER, FLORIDA.
The Development Services 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.
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
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aircumstances, such holding shall not affect its applicability to any other person, property, or
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CO N circumstance.
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PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
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recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on April 3, 2006, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Debra J. Rogers X
Councilman Dennis Vincenzi ABSENT
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter X
During the May 1, 2006 Council meeting a Motion was made by Councilwoman Rhodes with
Second by Councilman Vincenzi, Council approved continuance of second reading/public hearing
on this Ordinance until the June 5, 2006 City Council meeting.
During the June 5, 2006 Council meeting a Motion was made by Councilwoman Rhodes with
Second by Councilman Vincenzi, Council approved continuance of second reading/public hearing
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on this Ordinance until the July 10, 2006 City Council meeting.
After Motionby Councilwoman Rogers and Second by Councilwoman Lichter ,
the vote on the second reading of this ordinance was as follows:
AVE NAY
Mayor Mike Thomas x
Councilwoman Debra J. Rogers x
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 10th day of July, 2006.
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, LLP
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2006-0-09
CITY COUNCIL OF
C\YO1EDnWK
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 10th day
of July, 2006 under Agenda Item No. 6 C .
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Diane Mk
Volusia Coady,urity, Clerk of Court