2004-O-03�c ggi lNY'(!M1 '• ORDINANCE NO.2004-0-03
Ln V AN ORDINANCE GRANTING A CHANGE IN ZONING
" CLASSIFICATION FROM COUNTYR4W(URBAN SINGLE
y v FAMILY RESIDENTIAL) TO CITY R-1 (SINGLE FAMILY
8 0.0 RESIDENTIAL) FOR PROPERTY LOCATED AT 118
� m a POINCIANA ROAD (PARCEL IDENTIFICATION #8448-00-
00-0100), EDGEWATER, 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:
1. Jeff Gove is the agent of record for Andre Berard who is the owner of certain real
property located at 118 Poinciana Road, in Volusia County, Florida. Subject property contains
approximately 1.01 acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from County R-4W (Urban Single Family Residential) to City R-1 (Single Family
Residential) for the property described herein.
3. On December 10, 2003, the Local Planning Agency (Planting and Zoning Board)
considered the application for change in zoning classification and by a vote of 7 - 0, the Board
recommended that City Council consider approval of the request.
4. On January 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
December 25, 2003.
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2004-0-03 1
NCO
M 5. On January 26, 2004, the City Council held a public hearing on the application after
NIt
IN a publishing notice of such hearing in the Observer on January 15, 2004, and notifying by mail all
CQ) property owners who own real property directly affected by the proposed action and all property
00
M a 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 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 for the followingdescribed property is hereby changed from County
R-4W (Urban Single Family Residential) to City R-1 (Single Family Residential):
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2004-0-0I 2
M ,
The following described real property all lying and being in the County of Volusia
to
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and State of Florida:
In V
The South 210 feet of the East 210 feet of the West 1050 feet lying East of U. S.
G0 a)
Highway No. 1 of the North 52.469 chains of the Jane Murray Grant in Sections 48
(aand
49, Township 18 South, Range 34 East. Together with a right-of-way 20 feet in
07 a width over adjoining property for the purpose of ingress and egress to and from the
subject property by the nearest and most reasonable route and to exist until such time
as a public thoroughfare or highway is laid out and opened to the subject property
A portion of the North 52.469 chains of the Jane Murray Grant, Sections 48 and 49,
Township 18 South, Range 34 East, and being more particularly described as
follows: Commence at the intersection of the Southerly line of the North 52.469
chains of the Jane Murray Grant, Sections 48 and 49, Township 18 South, Range 34
East and the Easterly R/W of U. S. Highway No. 1, a 158 foot R/W as now laid out
thence N 68058'50" E along the said South line of the North 52.469 chains, a distance
of 748.00 feet; thence N 22057'19" W, a distance of 210.00 feet for the Point of
Beginning; thence continue N 22057'19" W, a distance of 1.74 feet to the Southerly
R/W line of Poinciana Road as shown on plat of Waterway Park Section 2, recorded
in Map Book 19, Page 270, Public Records of Volusia County, Florida; thence N
68049'50" E along said Southerly line of Poinciana Road, a distance of 209.98 feet;
thence S 22057' 19" E, a distance of 2.29 feet; thence S 68058'50" W, along a line 210
feet Northerly of and parallel to the South line of the North 52.469 chains, a distance
of 210.00 feet to the Point of Beginning.
Containing approximately 1.01+ acres.
(Parcel #8448-00-00-0100)
Map of subject property is reflected on Exhibit "A" and incorporated herein.
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Chief Planner 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.
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2004-0-03
N tp PART C. CONFLICTING PROVISIONS.
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N V All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
YN are hereby superseded by this ordinance to the extent of such conflict.
0 0)
y0 0. 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.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
recording into the public records of Volusia County, Florida.
PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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2004-0-03
N Co PART G. ADOPTION.
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S� After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on
Q) the first reading of this ordinance held on January 5, 2004, was as follows:
om
0� 6. 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
After MotionbyCouncilman Brown and Secondby r,.,�.,�t t.,,,m,n Rt d ,the
vote on the second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
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2004-0-03 5
AYE NAY
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NO
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PASSED AND DULY ADOPTED this 26th day of January . 2004.
ATTEST:
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-nos
CITY COUNCIL OF THE
CITY DGEWATER, 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 lath
dayof January , 2004 under Agenda
Item No. 6_r_.
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