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Instrument# 2006-262391 # 1
Book: 5936
Page: 1038
ORDINANCE NO. 2006-0-25
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY R-5 (MULTI-FAMILY
RESIDENTIAL) AND B-3 (HIGHWAY COMMERCIAL) TO
CITY R-3 (SINGLE FAMILY RESIDENTIAL) FOR
PROPERTY LOCATED SOUTH OF 114 OAK RIDGE
AVENUE, 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, RECORDING AND ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Dana and Marcia Cornelius, owners/applicants for property located south of 114 Oak
Ridge Avenue, Edgewater, Florida. Subject property contains approximately 0.38::t acres more or
less.
2. The owners/applicants have submitted an application for a change in zoning
classification from City R-5 (Multi-Family Residential) and B-3 (Highway Commercial) to City R-3
(Single Family Residential) for the property described herein.
3. On June 14, 2006, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 7 - 0, the Board
recommended that City Council consider approval of the request.
4. On July 24, 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 July
13,2006.
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2006-0-25
Instrument# 2006-262391 # 2
Book: 5936
Page: 1039
5. On September 11, 2006, the City Council held a public hearing on the application
after publishing notice of such hearing in the Observer on August 31, 2006, 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 EDGEWATER,
FLORIDA.
The zoning classification for the following described property is hereby changed from City
R-5 (Multi-Family Residential) and B-3 (Highway Commercial) to City R-3 (Single Family
Residential).
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2006-0-25
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Instrument. 2006-262391 . 3
Book: 5936
Page: 1040
The following described real property all lying and being in the County of V olusia
and State of Florida.
PARCEL #1-
A portion of Lots 21 and 22, Assessor's Subdivision of the Joseph Sanchez and the
Robert Shepard Grants as recorded in Map Book 3, Page 49 of the Public Records
of Vol usia County, Florida, all being more particularly described as follows:
Commence at the Southeast corner of Lot 10, Block E, Highland Shores, Section
One, according to plat thereof recorded in Map Book 9, Page 63 of the Public
Records of V olusia County, Florida, said Point of Commencement being a 2 inch
iron pipe; run thence S 75003'06" W along the Southerly line of said Lot 10, said line
also being described as the Northerly line of Lot 21, said Assessor's Subdivision of
the Joseph Sanchez and Robert Shepard Grants a distance of 8.18 feet; thence S
21029'41" E a distance of99.71 feet; thence S 76027'40" W a distance of93.89 feet;
thence N 13040'14" W a distance of98.64 feet; thence N 76022'59" E, a distance of
80.32 feet to the Point of Beginning.
Containing 0.20 i. acres more or less.
PARCEL #2-
A portion of Lots 21 and 22, Assessor's Subdivision of Joseph Sanchez and Robert
Shepard Grant, as recorded in Map Book 3, Page 49, Public Records of Volusia
County, Florida, more particularly described as follows:
Commence at the point of intersection of the North line of said Lot 21 and the
Westerly right-of-way line of U.S. #1 Highway (a 100 foot right-of-way), as now laid
out; thence South 76022'59" West, a distance of 230.17 feet to the Point of
Beginning; thence continue South 76022'59" West, a distance of 75.00 feet; thence
South 21 029'09" East, a distance of 99.75 feet; thence North 76028'30" East, a
distance of75.00 feet; thence North 16049'53" West, a distance of99.08 feet to the
Point of Beginning.
Containing 0.18 i. acres more or less.
Total area 0.38 ::!:: acres more or less.
Map of subject property is reflected on Exhibit "A" and incorporated herein.
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2006-0-25
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Instrument. 2006-262391 # 4
Book: 5936
Page: 1041
PARTB.
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
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART E.
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.
PART F.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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Instrument. 2006-262391 # 5
Book: 5936
Page: 1042
PART G.
ADOPTION.
After Motion to approve by Councilwoman Rhodes and Second by Councilwoman Lichter,
the vote on the first reading of this ordinance held on July 24, 2006 is as follows:
AYE
NAY
Mayor Mike Thomas
x
Councilman Debra Jean Rogers
ABSENT
Councilman Dennis Vincenzi
x
Councilwoman Harriet B. Rhodes
x
Councilwoman Judy Lichter
x
On September 11,2006 a motion to approve continuance of second reading until the October
2, 2006 City Council meeting was made by Councilwoman Rhodes and Second by Councilman
Vincenzi, motion carried 5-0.
After Motion to approve by Councilwoman Rhodes
and Second by
Councilwoman Rogers
, the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Debra J. Rogers x
Councilman Dennis Vincenzi x
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
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2006-0-25
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Instrument[ 2006-262391 t 6
ook: 5936
age: 1043
PASSED AND DULY ADOPTED this 2nd day of October, 2006.
ATTEST:
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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2oo6-azs 6
CITY COUNCIL OF THE
CITY OF EDGEWATE F DA
By
Mike T omas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 2nd day
of October, 2006 under Agenda Item No.
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InstrumenU u_
Book _ ~-262391 # 7
Page: 36
Diane H. -Hat~ 044
Volusia Co usek
unty, Clerk of Co
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