2004-O-10-c a
g fro ORDINANCE NO.2004-0-10
N � AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE
.1( a)FAMILY RESIDENTIAL) AND B-4 (GENERAL
0 0 COMMERCIAL) TO CITY P/SP (PUBLIC/SEMI-PUBLIC)
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m a FOR CERTAIN PROPERTY LOCATED AT 3171 SOUTH
RIDGEWOOD AVENUE, EDGEWATER, FLORIDA;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABHdTY 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:
1. hian effort to be consistent witlithe City ofEdgewater Comprehensive Plan and Land
Development Code, the City has submitted an application requesting a change in zoning
classification for property owned by Norbert M. Dorsey (Diocese of Orlando/St. Gerard's Church).
0` The subject property is located at 3171 South Ridgewood Avenue, Edgewater, Florida and contain
approximately 37.98 ± acres. The requested zoning change would be from County R-3 (Urban
Single Family Residential) and B-4 (General Commercial) to CityP/SP (Public/Semi-Pubfic) 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
Sk ektlneugh passages are deleted.
Underlined passages are added.
2004-0-10 1
r(0 recommended that the City Council approve the request.
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4. On February 23, 2004, the City Council considered on fast reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Observer
om
m d on February 13, 2004
5. On March 1, 2004, the City Council held a public hewing 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 bythe People ofthe City of Edgewater, Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification for the followingdescribed property is hereby changed from County
SVmelt Hit evgh passages are deleted.
Underlined passages are added.
2004-0-10 2
r co R-3 (Urban Single Family Residential) and B-4 (General Commercial) to City P/SP (Public/Semi-
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lq , Public):
Y m The following described real property all lying and being in the County of Volusia
0 b and State of Florida.
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Lots 1 and 2, BELLA VISTA SUBDIVISION, Unit No. 2, as per map recorded in
Map Book 11, page 164, Public Records of Volusia County, Florida, excepting
therefrom the westerly 17 feet dedicated for Road purposes per map of Bella Vista
Subdivision filed in Map Book 10, page 155, and also excepting that frontage along
U. S. Highway No. 1 taken for purposes of widening U. S. Highway No.1; together
with any and all riparian and littoral rights thereto belonging.
Parcel Identification #8412-03-00-0010.
Containing 37.98 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 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.
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
ShnekAnangh passages are deleted.
Underlined passages are added.
2004-0-10
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Ncc circumstances, such holding shall not affect its applicability to any other person, property, or
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circumstance.
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0 b PART E. EFFECTIVE DATE.
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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 of this 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
After Motionb3councilWOdIDR Lichter andSecondby Councilwoman Rhoden ,
the vote on the second reading/public hearing of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt
Councilman James P. Brown x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
Strvekehrevyh passages are deleted.
Underlined passages are added.
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PASSED AND DULY ADOPTED this 1st day of March, 2004.
For the use and reliance only by die City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
St melt passages are deleted.
Underlined passages are added.
20a4-0-le
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Donald A. Schraidt
Mayor
Robin L. Matusick
Legal AssistantfParalegal
Approved by the City Council of the City of
Edgewater at a meeting held on this I st day of
March, 2004 under Agenda Item No. 6 u