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2006-O-44, - 04/23/2007 02:25 PR OumInstrent# 2007-092625 0 1 Book: 6047 t# 1 Page: 3016 ORDINANCE NO.2006-OZ44 AN ORDINANCE REZONING A PARCEL OF APPROXIMATELY 17.63 ACRES LOCATED AT 3930 US HIGHWAY NO. 1 (SOUTHWEST OF THE EDGEWATER LAKES SUBDIVISION PHASE 1A - NORTHSTAR LANE), EDGEWATER, FLORIDA, FROM COUNTY R-3 (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY P/SP (PUBLIC/SEMI-PUBLIC); 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. City of Edgewater, owner/agent for property located at 3930 US Highway No. 1 (southwest of the Edgewater Lakes Subdivision, Phase lA (Northstar Lane), Edgewater, Florida Subject property contains approximately 17.63 ± acres more or less. 2. The owner/applicant has submitted an application for a change in zoning classification from County R-3 (Urban Single -Family Residential) to City P/SP (Public/Semi-Public) for the property described herein. On October 11, 2006, 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 January 22, 2007, 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 January 11, 2007. Shwkd,rengh passages are deleted. Underlined passages are added. 2006-0-44 Instrtrent! 2007-092625 A 2 O DBook: 6047 ✓Page: 3019 5. On April 16, 2007, the City Council held a public hearing on the application after publishing notice of such hearing in the Observer on Thursday, April 5, 2007, 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. 12. The City Council finds that the requested rezoning does not affect a large portion of the public, but rather has impact on a limited number of persons or property owners. 13. The City Council finds that the requested rezoning is a decision contingent on a fact or facts arrived at from distinct alternatives and that the requested rezoning decision can be functionally viewed as policy application, rather than policy setting. 14. The City Council finds the consideration of this rezoning to be a quasi-judicial act Sh aelt it ottsh passages are deleted. Underlined passages are added. 2006-0-44 2 Instruentt 2007-092625 13 C '1 Book: 6047 V Page: 3020 rather than a legislative act of the City Council. 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 forthe followingdescribedproperty is hereby changed from County R-3 (Urban Single -Family Residential) to City P/SP (Public/Semi-Public). The following described real property all lying and being in the County of Volusia and State of Florida. PARCEL I: A portion of U.S. Lots 1 and 2, Section 13, Township 18 South, Range 34 East, being described as follows: As a point of reference begin at the Northwest comer of U.S. Lot 2, Section 13, Township 18 South, Range 34 East; thence N 68e38'36" E, along the North line of said U.S. Lot 2, a distance of 154.03 feet; thence S 28°02'31" E, a distance of 439.34 feet; thence S 14e 10'S5" E, a distance of 483.39; thence S 22e48'24" E, a distance of 198.47 feet to the South line of said U.S. Lot 2; thence S 87035'58" W, along said South line, a distance of 531.19 feet to the West line of said U.S. Lot 2; thence S 00050102" E, along the East line of said U.S. Lot 1, a distance of 84.36 feet; thence S 89e3243" W, a distance of 210 feet; thence N 00050'02" W, a distance of 1010.00 feet to the North line of said U.S. Lot I; thenceN 68e38'36" E, along said North line, a distance of 224.23 feet to the Point of Beginning. PARCEL II: A portion of U.S. Lot 2, Section 13, Township 18 South, Range 34 East and being more particularly described as follows: As a point of reference commence at the Northwest comer of U.S. Lot 2, Section 13, Township 18 South, Range 34 East; thence N 68e38'36" E, along the North line of said U.S. Lot 2, a distance of 154.03 feet; thence S 28002'31" E, a distance of 439.35 feet; thence S 14010'55" E, a distance of 387.51 feet for the Point of Beginning; thence N 83°50'50" E, a distance of 505.89 feet; thence S 25e06'23" E, a distance of Sheek d iengh passages are deleted. Underlined passages are added. 2006-0-44 3 Instrurentl 2007-092625 f 4 O P1 Book: 6047 '✓ Page: 3021 164.34 feet; thence S 57044'13" E, a distance of 283.75 feet to the Southerly line of said U.S. Lot 2; thence S 87035'58" W, along said Southerly line, a distance of 712.85 feet; thence N 2204824" W, a distanceof 198.47 feet; thence N 14010'55" W, a distance of 95.89 feet to the Point of Beginning. Together with the right to use a proposed 30 foot easement being described as follows: 30 foot Easement: The Southerly 30 feet of a portion of U.S. Lots 2 and 3, Section 13; Township 18 South, Range 34 East; lying Westerly of U.S. Highway No. I and being more particularly described as follows: Beginning at a point, said point being on the Southerly line of said U.S. Lot 3, Section 13; Township 18 South; Range 34 East; said point being 77.00 feet Westerly of and measured at right angles to the survey line of State Road No. 5; Section 7901; also (mown as U.S. Highway No. 1; thence S 87035'58" W, along the Southerly line of said U.S. Lots 2 and 3, a distance of 753.06 feet; thence N 57044'13" W, a distance of 52.75 feet; thence N 87035'58" E, along a line that is 30 feet Northerly and parallel with the Southerly line of said U.S. Lots 2 and 3, a distance of 785.19 feet to a point, said point being 77 feet Westerly of and measured at right angles to the said survey line of State Road No. 5; thence S 22057'44" E, along said line, a distance of 32.04 feet to the Point of Beginning. Containing 17.63 ± 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 Development Services 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. St aek & otglr passages are deleted. Underlined passages are added. 2006.0-44 htstruentt 2007-t1M25 ! 5 C ^ Book: 6047 Page: 3022 PART D. SEVERABILITY AND APPLICABII.ITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void by a court of competentjurisdiction, such holding shall not affect the remaining portions ofthis ordinance. Ifthis ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstances by a court of competentjurisdiction, 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. PART G. ADOPTION. During the first reading on December 4, 2006, after a Motion by Councilwoman Lichter and Second by Councilwoman Rogers was made to continue first reading; by a vote of 4-0 (Mayor absent) First reading of this ordinance was continued. Shack through passages are deleted. Underlined passages are added. 2006-0-44 Instnwenit 2007-092525 t 6 O ook: 6047 age: 3023 After Motion to approve by Councilwoman Rhodes and Second by Councilman Vincenzi, the vote on the first reading of this ordinance held on January 22, 2007 is as follows: AYE NAY Mayor Mike Thomas _ tx Councilman Debra Jean Rogers X Councilman Dennis Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X After Motion to approve by Councilwoman Lichter and Second by councilmanVincenzi . the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Mike Thomas x Councilwoman Debra J. Rogers x Councilman Dennis Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x Stmek'anenyk passages are deleted. Underlined passages are added. 2006-0-44 C, Instnaent# 2007-09M t 7 ^Book: 6047 age: 3024 PASSED AND DULY ADOPTED this 16th day of April, 2007. For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid Stmek-tlrroogh passages are deleted. Underlined passages are added. 20064)-44 CITY COUNCIL OF CITY O$ EDGEId X Thomas Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 16th day of April, 2007 under Agenda Item No. 7 A a InstnxRrnti ZOD7- g Book: 604 Page: 3047 Diane M. Matou,,e25 k Volusia CantY, Clerk of Court