2023-O-21 - RZ Carder - Clinton Cemetery11/9/2023 12:13:02 PM Instrument #2023229384 #1 Book:8482 Page:2678
ORDINANCE NO. 2023-0-21
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL)
FOR 6.87± ACRES OF CERTAIN REAL PROPERTY
LOCATED SOUTH OF CLINTON CEMETERY ROAD AND
EAST OF THE FEC RAILROAD (PARCEL
IDENTIFICATION NUMBER 8424-00-00-0070),
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. Carl Carder, applicant on behalf of Robert and Susan Cloer, owners, are owners of
property located south of Clinton Cemetery Road and east of the FEC Railroad, within Volusia
County, Florida. Subject property contains approximately 6.87± acres.
2. The owner has submitted an application for a change in zoning classification from
County A-3 (Transitional Agriculture) to City RT (Rural Transitional) for the property
described herein.
3. On September 13, 2023, 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.
StAke threugR passages are deleted.
Underlined passages are added.
2023-0-21
Instrument #2023229384 #2 Book:8482 Page:2679
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 A-3 (Transitional Agriculture) to City RT (Rural
Transitional), 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.
c*-'gn passages are deleted.
Underlined passages are added.
2023-0-21
2
Instrument #2023229384 #3 Book:8482 Page:2680
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.
PASSED AND DULY ADOPTED this ( day of Aft)j)M_Lt-0-A , 2023.
AS'EST/
41 ® f*
Bonnie Zlotnik, C, City Clerk
Passed on first reading on the day of 0 0-1f 0j UA 2023
REVIEWED AND APPROVED•
Aaron R. Wolfe, ' Attorney
S#*i1'% passages are deleted.
Underlined passages are added.
2023-0-21
Instrument #2023229384 #4 Book:8482 Page:2681
EXHIBIT "A"
LEGAL DESCRIPTION
The West 960 feet of the North 247.7 feet of the Northwest 1/4oflhe Southeast 1/4 and the East
249.2 feet of the North 247.7 feet of the Northeast 1/ 4 of the Southwest 1/ 4, Section 24, Township
18 South, Range 34 East, Volusia County, Florida.
Strike passages are deleted.
Underlined passages are added.
2023-0-21
4
:-
r.
r
-
as
Instrument #2023229384 #5 Book:8482 Page:2682 Laura E. Roth, Volusia County Clerk of Court
kn