2004-O-2107/OVM 02:24 PM
O O Instnaents M-164185
Book: 5352
Page: 4687
ORDINANCE NO.2004-0-21
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY I-3W (WATERFRONT
INDUSTRIAL) TO CITY RPUD (RESIDENTIAL PLANNED
UNIT DEVELOPMENT) FOR PROPERTY LOCATED AT
4015 SOUTH U. S. HIGHWAY #1 (PARCEL
IDENTIFICATION #8538-01-00-0100), EDGEWATER,
FLORIDA; AMENDING THE OFFICIAL ZONING MAP OF
THE CITY OF EDGEWATER; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABH.ITY 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:
The City of Edgewater is the contract purchaser of certain real property located at
4015 South U. S. Highway #1, Edgewater, Volusia County, Florida. Subject property contains
approximately 60.0 acres more or less.
2. The applicant has submitted an application for a change in zoning classification from
I-3W (Waterfront Industrial) to CityRPUD (Residential Planned Unit Development) for the property
described herein.
On April 14, 2004, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification and by a vote of 6 - 0, the Board
recommended that City Council consider approval of the request.
4. On April 19, 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 on
April 9, 2004.
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5. On June 7, 2004, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on June 1,2004, 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 ofthe 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 I-3W
(Waterfront Industrial) to City RPUD (Residential Planned Unit Development):
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The following described real property all lying and being in the County of V olusia
and State of Florida:
That part of the south 924 feet as measured on the East right of way line of U. S.
Highway No.1, Highway of Lots 1,4 and 22, Assessor's Subdivision of the C. E.
McHardy Grant as recorded in Map Book 3, Page 152, Public Records of V olusia
County, Florida, lying north of Riverfront Estates Subdivision as recorded in Map
Book 19, page 18, Public Records of Volusia County, Florida, and that part of
Sections 13 and 24, Township 18 South, Range 34 East, lying East ofU. S. Highway
No.1, and between the Westerly projection of the North and South lines of the
above-described property.
Subject to those certain Utility Easements (Parcel "A" & Parcel "B") in favor of
Volusia County recorded June 3, 1992 in Official Records Book 3749, Pages 4119-
4120, Public Records of Vol usia County, Florida.
Containing approximately 60.0:t acres.
(Parcel #8538-01-00-0100)
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 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.
PARTD.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
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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.
PART E.
RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of V olusia County, Florida.
PART F.
EFFECTIVE DATE.
This ordinance shall take effect upon the issuance of a final order by the Department of
Community Affairs for the future land use amendment of this property (Ordinance #2004-0-11)
and adoption by City Council.
PART G.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on April 19, 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
ABSENT
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ABerMotionby Councilwoman Lichter andSecondby Councilman Brown ,
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 x
PASSED AND DULY ADOPTED this 21 day of June , 2004.
M1:
'x ST:'
(' Susan J. adsworth
City 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
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2004-0-21
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By
Donald A. Schmidt
Mayor
Q. N
RolAn L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meetingheld on this 71 day
of June , 2004 under Agenda Item No.
6 C .
Book: 5352
Page: 4692
Diane M. Matousek
Volusia Candy, Clerk of Court