2021-O-39 - 142 Arbor Lane RZ9/17/2021 2:28:11 PM Instrument #2021221040 #1 Book:8119 Page:3314
ORDINANCE NO. 2021-0-39
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R -3W (URBAN
SINGLE FAMILY RESIDENTIAL) TO CITY R-2 (SINGLE
FAMILY RESIDENTIAL) FOR .63f ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 142 ARBOR LANE,
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. Charles Lynch Jr. is the applicant on behalf Trust No. 2021-32141-3-142, owner of
property located at 142 Arbor Lane, within Volusia County, Florida. Subject property
contains approximately .63t acres.
2. The owner's agent has submitted an application for a change in zoning
classification from County R -3W (Urban Single Family Residential) to City R-2 (Single
Family Residential) for the property described herein.
3. On July 21, 2021, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
5. The proposed change in zoning classification is not contrary to the established
land use pattern.
6. The proposed change in zoning classification will not adversely impact public
facilities.
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7. The proposed change in zoning classification will not have an adverse effect on
the natural environment.
8. 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 is hereby changed from County R -3W (Urban Single Family
Residential) to City R-2 (Single Family Residential), for the property described in Exhibits "A" & B".
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,
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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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.
After Motion to approve by Councilwoman O'Keefe, with Second by Councilwoman
Power, the vote on the first reading of this ordinance held on August 2, 2021, was as follows:
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe
Councilman Jonah Powers
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2021-0-39
AYE NAY
X
X
X
X
11
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After Motion to approve by(p)1'1 1kANM A o , Second by, _
the vote on the second reading/public hearing of this
ordinance held on °52 AZ"AltkeA l 1N 2021, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power x
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers k
PASSED AND DULY ADOPTED this day of 2021.
ATTEST:
J
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B dj own MCMC
Ci aek
COUNCIL OF THE
17o'r j use and reliance only by the City of Approved by the City Council of the
Edgewater, Florida. Approved as to form and City of Edgewater at a meeting held on
legality by: Aaron R. Wolfe, Esquire this�iay of5CttlA, 2021,
City Attorney under Agenda Item No. 8�.
Doran, Sims, Wolfe & Yoon
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 12, Arbor Lane Subdivision, according to the map or plat thereof, as recorded in Plat Book
28, Page(s) 63, of the Public Records of Volusia County, Florida
This legal description includes any/all adjoining right-of-way relating to the subject property.
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2021-0-39
Instrument #2021221040 #6 Book:8119 Page:3319 Laura E. Roth, Volusia County Clerk of Court