2023-O-32 - RZ 205 Boston Rdka
12/6/2023 10:47:57 AM Instrument #2023247156 #1 Book:8492 Page:757
ORDINANCE NO. 2023-0-32
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY B-4 (TOURIST
COMMERCIAL) TO CITY R-1 (SINGLE FAMILY
RESIDENTIAL) FOR .51f ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 205 BOSTON ROAD (PARCEL
IDENTIFICATION NUMBER 8402-37-01-0080),
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:
McGregor Love, Esquire, applicant on behalf of Paul Hampton owner of property located
at 205 Boston Road, within Volusia County, Florida. Subject property contains approximately
/001� .51f acres.
2. The applicant has submitted an application for a change in zoning classification
from B4 (Tourist Commercial) to City R-1 (Single Family Residential) 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.
2023-0-32
Instrument #2023247156 #2 Book:8492 Page:758
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-4 (Tourist Commercial) to City R -I (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.
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2023-0-32
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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� C D 1� ��.Q� , 2023.
V.
ATTTST:
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Bonnie Ao'tnik, CWC, City Clerk
Passed on first reading on the � day of 2023
i
Diezel DePew, Mayor
REVIEWED AND APPROVED: C�] Lzt
Aaron R.o e, Ci Attorney
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EXHIBIT `°A"
LEGAL DESCRIPTION
LOT 8 EXC W 150 FT & INC ADJ N 1/2 OF VACATED BOSTON RD PER EDGEWATER
ORD 2021-R-17 BLK 1 RIVEREDGE ACRES MB 9 PG 260 PER OR 3717 PG 3599 PER OR
8095 PG 4321 PER OR 8436 PG 3243
4
2023-0-32
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Instrument #2023247156 #5 Book:8492 Page:761 Laura E. Roth, Volusia County Clerk of Court
91-111112
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