2014-O-05 1/25/2024 8:29:37 AM Instrument#2024015243#1 Book:8510 Pagel 469
ORDINANCE NO. 2014-0-05
r"1 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM
COUNTY RC (RESOURCE CORRIDOR) TO CITY R-2 (SINGLE FAMILY
RESIDENTIAL) FOR .46f ACRES OF CERTAIN REAL PROPERTY LOCATED AT
1366 ELIZABETH STREET AND THE ADJACENT PARCEL TO THE NORTH,
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. Pleasant Wood, LLC has applied for annexation of property located at 1366
Elizabeth Street and the parcel to the north, within Volusia County, Florida. Subject property
contains approximately .46±acres.
2. The owner/applicant has submitted an application for a change in zoning
classification from County RC (Resource Corridor) to City R-2 (Single Family Residential) for
the property described herein.
3. On December 11, 2013 the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. On January 6, 2014, the City Council considered on first reading/public hearing
the proposed change in the zoning classification after publication of such hearing in the Daytona
Beach News Journal on December 26,2013.
5. The proposed change in zoning classification is consistent with all elements of the Edgewater
Comprehensive Plan.
6. The proposed change in zoning classification is not contrary to the established land use pattern.
7. The proposed change in zoning classification will not adversely impact public facilities.
8. The proposed change in zoning classification will not have an adverse effect on the natural
eo*-) 1
StAke thfeugh passages are deleted.
Underlined passages are added.
#20140-05
Instrument#2024015243#2 Book:8510 Pagel 470
environment.
9. 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 for the following described property is hereby changed from County RC
(Resource Corridor)to City R-2 (Single Family Residential) for the property described in Exhibit"A".
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.
�. N 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.
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.
2
Stfike thfeagh passages are deleted.
Underlined passages are added.
#2014-0-05
Instrument#2024015243#3 Book:8510 Page:1471
PART G. ADOPTION.
After Motion to approve by Councilman Emter with Second by Councilwoman Power
with the vote on the first reading of this ordinance held on January 6, 2014, as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington EXCUSED
Councilman Mike Ignasiak X
After Motion to approve by x " with Second by
the vote on the second reading/public hearing of this ordinance held on
t , 2013, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Mike Ignasiak
Councilman Gene Emter
3
Strike tra passages are deleted.
Underlined passages are added.
#2014-Q-05
Instrument#2024015243#4 Book:8510 Page:1472
PASSED AND DULY ADOPTED this ?)rtl day of '2014.
ATTEST: CITY COUNCIL OF THE
CITY OF EDG T F DA
i . ) y:
Bonnie Wenzel 'ke Thomas
City Clerk M yor
Robin L."Matusiclt
Paralegal
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida, Approved as to form and Edgewater at a meeting held on this r�1 day
legality by: Aaron R. Wolfe,Esquire of r , 2014 under Agenda Item No.
City Attorney 8 ,2
Doran, Sirns, Wolfe&Kundid
4
Stfike through passages are deleted,
Underlined passages are added.
#2014-0-05
Instrument#2024015243#5 Book:8510 Page:1473 Laura E. Roth,Volusia County Clerk of Court
EXHIBIT "A"
LEGAL DESCRIPTION
Lot 34, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the
Public Records of Volusia County, Florida & Lot 33, Block 2A, Spanish Mission Heights, Unit
Number 2, Per Map Book 23,Page 119,of the Public Records of Volusia County, Florida.
In addition, pursuant to the request of the County of Volusia, the legal description includes that
portion of the roadway along Elizabeth Street which goes to the centerline of the road right-of-
way adjacent to Lots 33 & 34, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map
Book 23,Page 119,of the Public Records of Volusia County,Florida.
5
StAke thfough passages are deleted.
Underlined passages are added.
#2014-0-05