2004-O-08r C
rN ORDINANCE NO.2004-0-08
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N h AN ORDINANCE GRANTING A CHANGE IN ZONING
,y. N CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE
Y 0 FAMILY RESIDENTIAL) AND B-4 (GENERAL
0 a COMMERCIAL) TO CITY P/SP (PUBLIC/SEMI-PUBLIC)
8 m a FOR CERTAIN PROPERTY LOCATED AT 3001 SOUTH
RIDGEWOOD AVENUE, EDGEWATER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
hh 1. In an effort to be consistent with the CityofEdgewater Comprehensive Plan andLand
Development Code, the City has submitted an application requesting a change in zoning
classification for property owned by Sea Pines Memorial Gardens. The subject property is located
,nf `ryj� at 3001 South Ridgewood Avenue, Edgewater, Florida and contain approximately 15.151 ± acres.
1 / The requested zoning change wouldbe from CountyR-3 (Urban Single Family Residential) and B-4
(General Commercial) to City P/SP (Public/Semi-Public) for the property described herein.
2. In a letter dated February 3, 2004, the City of Edgewater notified by mail the owners
of the property and all property owners who own real property directly affected by the proposed
action within 300 feet of the subject property.
3. On February 11, 2004, the Local Planning Agency (Planning and Zoning Board)
considered the request for a change in zoning classification and by a vote of 5 - 0, the Board
recommended that the City Council approve the request.
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4. On February 23,2004, 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 February 13, 2004.
5. On MarchI, 2004, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on February 24, 2004.
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 County
R-3 (Urban Single Family Residential) and B-4 (General Commercial) to City P/SP (Public/Semi-
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L.i) ,- The following described real property all lying and being in the County of V olusia
and State of Florida.
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A part of Lots 4, 5 and 6, all lying East ofU. S. Highway No.1 ofthe Squaretopville
Subdivision as recorded in Map Book 1, page 168 ofthe Public Records of Vol usia
County, Florida and being more particularly described as follows:
As a point of reference, commence at a PRM marking the Northeast comer of said
Squaretopville Subdivision; thence along the line of said subdivision run S 00020'24"
W, a distance of 662.97 feet for the Point of Beginning; thence continue along the
East line of said Subdivision S 00020'24" W, a distance of 963.78 feet; thence S
81020'20" W, a distance of 524.34 feet to an intersection with the Easterly Right of
Way line ofU. S. Highway No.1; thence N 15009'42" W along said Right of Way
line, a distance of 1054.38 feet; thence N 88012'23" E, a distance of 800.24 feet to
the POINT OF BEGINNING.
Said Parcel containing 15.151 acres more or less.
Parcel Identification #8412-01-00-0050.
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 Planning 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.
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PARTD.
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.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART F.
ADOPTION.
After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the
first reading ofthis ordinance held on February 23,2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
Absent
Councilwoman Judy Lichter
x
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(Da AftefMotionby Councilwoman Lichter and$econdby Councilwoman Rhodes
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N the vote on the second reading/public hearing of this ordinance was as follows:
Y d AYE NAY
0 (A
CO (L Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 1 at day of March, 2004.
ATTEST: k
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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zoos-o-os
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CITY COUNCIL OF THE
CITY OF EDGEWA,T�,ER, FLORIDA
By: zn(ev
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 1st day of
March, 2004 under Agenda Item No. 6 R .
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