2023-O-30 - RZ Elizabeth St1/31/2024 11:31:56 AM Instrument #2024019539 #1 Book:8512 Page:2933
ORDINANCE NO. 2023-0-30
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY RC (RESOURCE
CORRIDOR) AND R -3A (URBAN SINGLE FAMILY
RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY
RESIDENTIAL) FOR 1.13E ACRES OF CERTAIN REAL
PROPERTY LOCATED SOUTH AT 1310-1366 ELIZABETH
STREET (PARCEL IDENTIFICATION NUMBER 7430-04-
02-0320; 7430-04-02-0310; 7430-04-02-0300; 7430-04-02-02901
AND 7430-04-02-0280), 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. Melonnie Kelly, is the owner of property located at 1310-1366 Elizabeth Street,
I� within Volusia County, Florida. Subject property contains approximately 1.13± acres.
2. The owner has submitted an application for a change in zoning classification from
County RC (Resource Corridor) and R -3A (Urban Single Family Residential) to City R-2
(Single Family Residential) for the property described herein.
3. On October 11, 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.
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Instrument #2024019539 #2 Book:8512 Page:2934
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 County RC (Resource Corridor) and R -3A
(Urban Single Family Residential) to City R-2 (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. I01
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
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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.
PART G. ADOPTION.
PASSED AND DULY ADOPTED thisP F day of �� <. i .4 _, 2024.
r f
F Diezel DePew, Mayor
ATTEST• >'
Bonnie Zlotnik,`CMC, City Clerk
Passed on first reading on the( -L-' day of 20T2'4—
"i
REVIEWED AND APPROVED: zz
Aaron R. Wolf, City Attorney
2023-0-30
Instrument #2024019539 #4 Book:8512 Page:2936
EXHIBIT "A"
LEGAL DESCRIPTION
LOTS 28 THROUGH 32 INCLUSIVE, BLOCK 2A, SPANISH MISSION HEIGHTS, UNIT
NUMBER 2, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN MAP
BOOK 23 PAGE 119, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA.
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHWEST CORNER OF SAID LOT 34, BLOCK 2A, SPANISH
MISSION HEIGHTS, UNIT NUMBER 2, ALSO BEING THE EASTERLY LINE OF THE
/000�
AMBROSE HULL GRANT; THENCE RUN N23°30'00"W ALONG TH�EVEST'FsI ;Y _LINE
OF SAID LOT 34 AND LOT 33, BLOCK 2A AND THE AMBROSE HULL GRANT A
DISTANCE OF 100.00 FEET TO THE SOUTH LINE OF LOT 32, BLOCK-_'2�A ANS? THE
POINT OF BEGINNING; THENCE CONTINUE ALONG THE WESTE-;Y PTNFbF SAID
LOT 32 THROUGH LOT 28, BLOCK 2A AND THE AMBROSE HULL GRANT A DISTANCE
OF 250.00 FEET TO THE NORTH LINE LOT 28, BLOCK 2A; THENCE
ALONG SAID NORTH LINE OF LOT 28, BLOCK 2A, N66°30'59"E, A DISTANCE OF 199.77
FEET TO THE EAST LINE OF SAID LOT 28, BLOCK 2A; THENCE ALONG SAID EAST
LINE OF LOT 28 AND LOTS 29 THROUGH 32, BLOCK 2A, S23°29'01 "E, A DISTANCE OF
250.00 FEET TO THE SOUTH LINE OF SAID LOT 32, BLOCK 2A; THENCE ALONG THE
SAID SOUTH LINE OF LOT 32, BLOCK 2A, S66030'59"W, A DISTANCE OF 199.67 FEET
TO THE POINT OF BEGINNING.
CONTAINING 50,000 SQUARE FEET, OR 1.148 ACRES MORE OR LESS. rll�
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Instrument #2024019539 #5 Book:8512 Page:2937 Laura E. Roth, Volusia County Clerk of Court
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