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ORDINANCE NO.2006-0-41
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY B-3 (HIGHWAY
COMMERCIAL) TO CITY R-4 (MULTI -FAMILY
RESIDENTIAL) FOR PROPERTY LOCATED EAST OF OLD
COUNTY ROAD, NORTH OF PEARL STREET,
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:
Tom Valley, agentlapplicant on behalf of PC Capital, LLC, owners for property
located East of Old County Road, North of Pearl Street, Edgewater, Florida. Subject property
contains approximately 1.1 ± acres more or less.
2. The owners/applicants have submitted an application for a change in zoning
classification from City B-3 (Highway Commercial) to City R4 (Multi -Family Residential) for the
property described herein.
3. On September 13, 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 November 6, 2006, 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 October 26, 2006.
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5. On January 22, 2007, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on January 11, 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.
NOW, THEREFORE, BE IT ENACTED by the 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 following described property is hereby changed from City
B-3 (Highway Commercial) to City R-4 (Multi -Family Residential).
The following described real property all lying and being in the County of Volusia
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and State of Florida.
PARCEL E:
A portion of Lot 20, ASSESSOR'S SUBDIVISION OF THE GERONIMO
ALVAREZ GRANT, according to the plat thereofrecorded in Map Book 3, Page 137
of the Public Records of Volusia County, Florida and being more particularly
described as follows:
Beginning at the intersection of the Northerly line of said Lot 20 and the Westerly
right of way of U.S. Highway No. 1, a 100 foot right of way as now laid out; thence
S 22037'52" E along said Westerly right of way a distance of 127.70 feet; thence S
67' 1111" W a distance of 125.37 feet; thence S 22°36'32" E a distance of 50 feet to
the monumented Northerly right of way of Pearl Street; thence S 67020'40" W along
said Northerly right of way a distance of 174.60 feet; thence N 22°38'03" W a
distance of 177.81 feet to the Northerly line of said Lot 20; thence N 67018'02" E
along the aforementioned line a distance of 300 feet to the Point of Beginning.
Containing 1.1 ± 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.
PART D. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
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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.
PARTF. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman Lichter and Second by Councilwoman Rhodes,
the vote on the first reading of this ordinance held on November 6, 2006 is as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Debra Jean Rogers X
Councilman Dennis Vincenzi X
Councilwoman Harriet B. Rhodes X
Councilwoman Judy Lichter _ CX
On January 22, 2007 a motion to continue second reading until February 5, 2007 was made
by Councilwoman Rogers and Second by Councilman Vincenzi, motion carried 5-0.
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After Motion to approve bycouncilwoman Rhodes and Second by
Councilwoman Lichter , 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
PASSED AND DULY ADOPTED this 5th day of February, 2007.
ATTEST:. '-
Susan J. Wadsworth.
City Clerk -...
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
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2006-0-41
E
CITY COUNCIL OF THE
CITY OF EDGEWATE LORIDA
�--VLO�
MikqIWomas
Mayor
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 5th day of
February, 2007 under Agenda Item No. 71 .
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Diane M. Matousek
Volusia Canty, Clerk of Court
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