2004-O-1704/26/2004 02:53 P8
Instnxenti 2004-101564
O O Book: 5306
Page: 4113
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ORDINANCE N0.2004-0-17
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE
h{" FAMILY RESIDENTIAL) TO CITY P/SP (PUBLIC/SEMI-
PUBLIC) FOR PROPERTY LOCATED AT 940 IOTa STREET
(PARCEL IDENTIFICATION #7430-00-00-0100), NEW
SMYRNA BEACH, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
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:
The City of Edgewater is requesting rezoning of the subject property in an effort of
consistency with our comprehensive plan. Daytona Beach Community College is the owner of that
certain real property located at 940 10" Street, New Smyrna Beach, Florida. Subject property
contains approximately 85.39+ acres more or less.
2. Pursuant to the City of Edgewater Land Development Code, the request will result
in a change of zoning classification from County R-3 (Urban Single Family Residential) to CityP/SP
(Public/Semi-Public) for the property described herein.
3. On March 10, 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 5, 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
9hneie H augh passages are deleted.
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March 26,2004.
5. On April 19, 2004, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on April 7,2004, 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 ofEdgewater, Florida:
PART A.
CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the fo llowing described property is hereby changed from County
R-3 (Urban Single Family Residential) to City P/SP (Public/Semi-Public):
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The following described real property all lying and being in the County of Vol usia
and State of Florida:
Government Lots 4 & 5, in Section 30, Township 17 South, Range 34 East, excepting
that part of Lot 5 previously conveyed by deed recorded in Deed Book 576, Page 233,
Public Records of V olusia County, Florida, described as follows:
Commence at the Northwest corner ofDS Lot 5, Section 30, Township 17 South,
Range 34 East; thence South on the West line of said Lot 5, 260.5 feet for the Point
of Beginning; thence South on said West line of Lot 5, 1,059.5 feet to the Southwest
corner of said Lot 5; thence East on South line of Lot 5, 406.7 feet, thence North 210
West, 1,134.9 feet to the Point of Beginning.
Containing approximately 85.39.:!:: acres.
(Parcel #7430-00-00-0100)
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.
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 shal1 be held to be inapplicable to any person, property, or
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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.
PART G.
ADOPTION.
After Motion by Councilwoman Lichter and Second by Councilwoman Rhodes, the vote on
the first reading o[this ordinance held on April 5, 2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
ABSENT
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
x
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After Motion b)councilman Brown 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 Absent
PASSED AND DULY ADOPTED this 19th day of April, 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
St wk Oneugh passages are deleted.
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2004-0-17
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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By o
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of April, 2004 under Agenda Item No. 6c
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Diane M. Matousek -
Volusia County, Clerk of Court
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