2021-O-48 - Meadows India Palm RZ 3/9/2022 11:05:38 AM Instrument#2022055432#1 Book:8216 Page:2374
ORDINANCE NO.2021-0-48
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM B-2 (NEIGHBORHOOD
BUSINESS) TO CITY R-4 (MULTI-FAMILY
RESIDENTIAL) FOR .53f ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 2943 AND 2949 INDIA PALM
DRIVE (PARCEL IDENTIFICATION NUMBERS
840201075530 & 840201075510), 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. Elliot Meadows is the applicant on behalf of Port Orange Homes LLC, owners of
property located at 2943 and 2949 India Palm Drive within Volusia County, Florida, within
Volusia County, Florida. Subject property contains approximately .53t acres.
2. The owner's agent has submitted an application for a change in zoning
classification from B-2 (Neighborhood Business) to City R-4 (Multi-Family Residential) for
the property described herein.
3. On Wednesday, January 12, 2022, 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
e4 ;4h-passages are deleted. 1
Underlined passages are added.
2021-0-48
Instrument#2022055432#2 Book:8216 Page:2375
facilities.
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 B-2 (Neighborhood Business) to City R-4
(Multi-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
Strikp thpassages are deleted. 2
Underlined passages are added.
2021-0-48
Instrument#2022055432#3 Book:8216 Page:2376
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.
After Motion to approve by Councilwoman O'Keefe, with Second by Councilman
Powers the vote on the first reading of this ordinance held on February 7, 2022, was as follows:
AYE NAY
Mayor Mike Thomas Excused --
/� Councilwoman Christine Power X
Councilwoman Gigi Bennington X
1
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X -
Strikepassages are deleted. 3
Underlined passages are added.
2021-0-48
Instrument#2022055432#4 Book:8216 Page:2377
r1
After Motion to approve by 11�L:fltt I .t:Cr%a . Second by,(]:y;,-,c_il me the
vote on the second reading/public hearing rdinance held on VAN , 2022, was as
follows:
AYE NAY
Mayor Mike Thomas X.
Councilwoman Christine Power
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe
Councilman Jonah Powers
PASSED AND DULY ADOPTED this day of -1-6 2022.
COUNCIL OF THE
M �iUtt�JJ i, _ CITY OF EDGEWATER,FLORIDA
B
Bonnie Zlotnik, MC 'ke T as
City Clerk Mayor
For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R. Wolfe,Esquire
City Attorney
Doran,Sims,Wolfe&Yoon
Approved by the Ciq,,Council of the City of Edgewater at a
meeting held on this l day of i 2022
under Agenda Item No 8-p_
/'"m,
S*w'- through-passages are deleted. 4
Underlined passages are added.
2021-0-48
Instrument#2022055432#5 Book:8216 Page:2378
�1
EXHIBIT"A"
LEGAL DESCRIPTION
Lots 7551, 7552, 7553 and 7554, Block 246, FLORIDA SHORES UNIT NO. 8 REVISED
PLAT, according to the Plat thereof, recorded in Map Book 23, Page 132, of the Public Records
of Volusia County, Florida
Strike through-passages are deleted. 5
Underlined passages are added.
2021-0-48
Instrument#2022055432#6 Book:8216 Page:2379 Laura E. Roth,Volusia County Clerk of Court
pino
$Maloof
4a
W Ja U42d Q{Ru(
ja ladl-mr
q ianbwa
W
b �
0 ® cd
N i
� R
+a Gail auk m
y �
CSS �
fi
N �
G �
N
G
N