2022-O-02 - 109 E Knapp Avenue RZ 4/7/2022 12:19:30 PM Instrument#2022081978#1 Book:8233 Page:3839
ORDINANCE NO.2022-0-02
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM B-3 (HIGHWAY
COMMERCIAL) TO R-3 (SINGLE FAMILY
RESIDENTIAL) FOR .15f ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 109 EAST KNAPP AVENUE
(PARCEL IDENTIFICATION NUMBER 745006000050),
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. Thomas and Tracey Mulligan are owners of property located at 109 East Knapp
Avenue within Volusia County,Florida. Subject property contains approximately .15t acres.
2. The owners have submitted an application for a change in zoning classification
from B-3 (Highway Commercial) to R-3 (Single Family Residential) for the property
described herein.
3. On Wednesday, February 9, 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
facilities.
7. The proposed change in zoning classification will not have an adverse effect on
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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-3 (Highway Commercial) to 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. 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.
PART E. RECORDING.
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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 Power and Second by Councilwoman O'Keefe, the
vote on first reading of this ordinance which was held on ,was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X =-
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
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After Motion to approve by
Second by, ��,�CCI_Q_M� �1 £ Ll-eA the vote on the second
reading/public hearing of this ordinance held on&))�i '`-! , 2022, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power _
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
PASSED AND DULY ADOPTED this ` day of ,2022.
.J.. "\ a
ATT-QST: ` COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
By:
Bonnie Zlotmk, CMC 9
City Clerk VIC.c-1 at .-Aov-
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 CitlEouncil of the City of Edgewater at a
meeting held on this(-,Tl' 'day of 2022
under Agenda Item No 8 L
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 5, MAP OF THE KNAPP SUBDIVISION OF A PART OF THE ROBERT SHEPHERD
GRANT, according to the plat thereof as recorded in Plat Book 15, Page 30, of the Public
Records of Volusia County,Florida.
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2022-0-02
Instrument#2022081978#6 Book:8233 Page:3844 Laura E. Roth,Volusia County Clerk of Court
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