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2023-O-06 - Pelican Drive RZ 2/8/2023 9:21:10 AM Instrument#2023025052#1 Book:8365 Page:3425 ORDINANCE NO. 2023-0-06 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM V O L U S I A COUNTY R-3W (URBAN SINGLE FAMILY RESIDENTIAL) TO CITY B- 3 (HIGHWAY COMMERCIAL) FOR .06± ACRES OF CERTAIN REAL PROPERTY LOCATED ON PELICAN DRIVE (PARCEL IDENTIFICATION NUMBER 840200000200), 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 Fdgewater, Florida, has made the following determinations: 1. James C. Carder Rev Trust is owner of the property located on Pelican Drive (Tax Parcel No. 840200000200) within Volusia County. Florida. Subject property contains approximately.06± acres. 2. The owners have submitted an application for a change in zoning classification front Volusia County R-3W (Urban Single Family Residential) City B-3 (Highway Commercial) for the property described herein. 3. On December 14. 2022. the Local Planning Agency (Planning} and Zoning Board) considered the application for change in zorting 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 Strike�,z=«thFeFe g passages are deleted. Underlined passages are added. 2023-0-06 Instrument#2023025052#2 Book:8365 Page:3426 public 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 VOILISia County R-3W (Urban Single Family Residential) to B-3 (Highway Commercial), for the property described in Exhibits "A" D. "B". PART 13. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA. The Development Set-vices 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 Strike thKn�,�rpassages are deleted. 2 Underlined passages are added. 2023-©-06 Instrument#2023025052#3 Book:8365 Page:3427 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 circa nstance. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records ol-Volusia County. Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. PASSED AND DULY ADOPTED this U day of L'11-� tl' .; 2023. Diezel DePew, Mayor ATTE-ST: Bonnie Zlotnik, CNk. City Clerk Passed on first reading on the ^$ ` day of ( ° ail i .i e -IL F 2023 1 REVIEWED AND APPROVED: Aaron R. Wolfe, ity ttornev Strike passages are deleted. 3 Underlined passages are added. 2023-d-06 Instrument#2023025052#4 Book:8365 Page:3428 EXIIIBIT "A" LEGAL DESCRIPTION That part of TRACT ONE. PELICAN COVE as recorded in Map Book 35, Page 66 of the Public Records of VOIUSia County described as follows: BEGINNING at a point on the northerly right of way line of 50' road known as Pelican Drive being N. 89" 58' 36" E 100.30 feet from the Southwest corner of said TRACT ONE; thence N. 89° 58' 36" E. 93.38 feet along said right of way line to a point; thence N 0° 06' 36" E. 161.22 feet to a point on the northerly line of said TRACT ONE; thence along said northerly line S 89° 58' 39" W, 93.38 feet to a point; thence S. 0° 06")6" W. 161.22 feet to the POINT OF BEGINNING. S*iri.e thr,@ g passages are deleted. 4 J Underl ined passages are added. 2023-0-06 Instrument#2023025052#5 m:6 Pmes42 9L um E Roth,vlma County De%of Court �» � ! ��- g�� 7 � \/ �< . . . . . .. . . . K \ \ \ \ \ / a5 8