2021-O-22 - 144 Flamingo Road RZ10/5/2021 2:13:51 PM Instrument #2021238972 #1 Book:8131 Page:4084
ORDINANCE NO. 2021-0-22
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FRQM COUNTY R-3W (URBAN
SINGLE FAMILY RESIDENTIAL) T� CITY R-3 (SINGLE
FAMILY RESIDENTIAL) FOR .25f ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 144 FLAMINGO ROAD,
EDGEWATER, FLORIDA; AMENDING THE OFFICIAL
ZONING MAP OF THE CITY OF EDGEWATER;
PROVIDING F�R 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. Ernest V. and Gail LaCour, owners of property located at 144 Flamingo Road,
within Volusia County, Florida. Subject property contains approximately .25f acres.
2. The owner's agent has submitted an application for a change in zoning
classiiication from County R-3W (Urban Single Family Residential) to City R-3 (Single
Family Residential) for the property described herein.
3. On August 11, 2021, the Lacal 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.
7. The proposed change in zoning classifcation will not have an adverse effect on
S#il�e-t�e�passages are deleted.
Underlined passages are added.
2021-0-21
Instrument #2021238972 #2 Book:8131 Page:4085
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-3 W(Urban Single Family
Residential) to City R-3 {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. C4NFLICTING 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. SEVERA.BILITY 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.
S�e-t�et�#-passages are deleted. 2
Underlined passages are added.
2021-0-21
Instrument #2021238972 #3 Book:8131 Page:4086
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
Bennington the vote on the first reading of this ordinance held on September 13, 2021, was as
follows:
Mayor Mike Thomas
AYE NAY
X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
�z�ea��passages are deleted. 3
Underlined passages are added.
2021-0-21
Instrument #2021238972 #4 Book:8131 Page:4087
After Moti�n to app►•ove by 1 P�lf�� �t�?;� �`"1 3 Second by, ., ' F�- °._, ,a%�e
� s „ .. ��.��,
vate on the second reading/public hearing of this ordinancc lield on ' , 2021, w�s as
Follows:
May�r Mike Th�mas
Ca�ncilwom�n C1lristine Power
Co�ncilwQman Gi�;i Bennin�;ton
Co�ncilwoman Me�;an O'Keefe
Councilman JQnah 1'owers
AYE NAY'
�
�
�
i�
�
�'A,SSED AND DiJLY ADOPTED this� day of �, 2021.
�9.TTEST:
����
g
` -�` �
������..
`� �`��C�Id ��lL
Bonnie Bro�vn, CMC
City Clerk
COUNCIL OF THE
CITY OF EDGEWATER, FLORiDA
Drs
i-?y :
iriny ui
For tlie use and reliance o�lly by the City af Approved by the City Cauncil of khe
�d��water, Flarida. Appro�ed as to farm aiid City of Ed�ewater at a meetin� held c�n
l��ality by: Aaron R. Wolfe, �squire this ��#ay af , 2021, under
City Attorciey A�et1d� Item No. S�.
Daran, Sims, Wolfe & Yoon
e'�:'���-passages are de�eted.
Underl'uied passages are addecE.
�oz i-a-z i
4
Instrument #2021238972 #5 Book:8131 Page:4088
EXHISIT "A"
LEGAL DESCRIPTION
Lot 255 and the West 30 feet of Lot 256, Waterway Park Sec. No. 3, according to the map or plat
thereof as recorded in Plat Book 19, Page 279, Public Records of Volusia County, Florida.
This legal description includes any/all adjoining right-of-way relating to the subject property.
S��ke-t�eag#-passages are deleted.
Underlined passages are added.
2021-�-21
Instrument #2021238972 #6 Book:8131 Page:4089 Laura E. Roth, Volusia County Clerk of Court
�
¢
O
�
�
. � ...,.:.,. ,. , ., ..
9
`'✓
� ,.
� :,.
T '.
�J ?.
� ,,; �
O ':.
l�} ,,
4
¢
.�
J
Q
�
,.�
� :��,
�
(`J
�
�1
Q
N