2004-O-09fro co ORDINANCE NO.2004-0-09
N CC NAN ORDINANCE GRANTING A CHANGE IN ZONING
8 �
,". „ „ CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE
\ y 0 FAMILY RESIDENTIAL) TO CITY P/SP (PUBLIC/SEMI-
0 M FOR CERTAIN PROPERTY LOCATED AT 600/650
m L ROBERTS ROAD, 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:
1. In an effort to be consistent witlithe City ofEdgewater Comprehensive Plan and Land
Development Code, the City has submitted an application requesting a change in zoning
G^�M classification for property owned by the School Board of Volusia County. The subject property is
{� located at 600/650 Roberts Road, Edgewater, Florida and contain approximately24.20±acres. The
t requested zoning change would be from County R-3 (Urban Single Family Residential) 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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2004-0-09
t0 m 4. On February 23, 2004, the City Council considered on first reading/public hearing
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the proposed change in the zoning classification after publication of such hearing in the Observer
Yon February 13, 2004.
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0. 5. On March 1, 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 of the City of Edgewater, Florida:
PART A. CHANGE IN ZONING CLASSIFICATION OF CERTAIN
REAL PROPERTY WITHIN THE CITY OF EDGEWATER,
FLORIDA.
The zoning classification farthe following described property is hereby changed from County
R-3 (Urban Single Family Residential) to City P/SP (Public/Semi-Public):
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coo The following described real property all lying and being in the County of Volusia
t- r— and State of Florida.
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Lots 20 and 21, according to plat of Edgewater Country Estates, Unit No. 1, being
y y a subdivision of Lots 4, 5 and 6 West of U. S. No. 1, Highway of Squaretopville, as
0 b recorded in Map Book 1, Page 160, and the Northeast 1/4 East of the Florida East
m 0. Coast Railroad, Section 11, Township 18 South, Range 34 East, as recorded in Map
Book 11, Page 247, Public Records of Volusia County, Florida
Parcel Identification #8411-08-00-0200.
Containing 24.20 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
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
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2004-0-09
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PART E. EFFECTIVE DATE.
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to r- This Ordinance shall take place upon adoption.
Y N PART F. ADOPTION.
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0] 0. After Motion by Councilwoman Lichter and Second by Councilman Brown, 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 Motionby Councilman Vincenzi and Secondby Councilwoman TArhrar ,
the vote on the second reading/public hearing of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
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2004-0-09 4
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PASSED AND DULY ADOPTED this 1st day of March, 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
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2004-0-09
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
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 C .