2013-O-16 10/09/2013 02:01 P11
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Instrument# 2013-195734 # 1
Book : 6916
Page : 3924
ORDINANCE NO. 2013-0-16
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3W (URBAN
SINGLE-FAMILY RESIDENTIAL) TO CITY R-1 (SINGLE
FAMILY RESIDENTIAL) FOR 10.50± ACRES OF
PROPERTY LOCATED AT 195 GODFREY ROAD,
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. Ronald Scott Caldwell is the owner/applicant of property located at 195 Godfrey
Road, within Volusia County, Florida. Subject property contains approximately 10.50 + acres.
2. The owner/applicant has submitted an application for a change in zoning
classification from County R-3W (Urban Single-Family Residential) to City R-1 (Single Family
Residential) for the property described herein.
3. On August 14, 2013 the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
4. On August 19, 2013, 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 August 8, 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.
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#2013-0-16
• Instrument# 2013-195734 # 2
Book : 6916
Page : 3925
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 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 R-3W (Urban Single-Family Residential) to City R-1 (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.
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,
Yp Y
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Instrument# 2013-195734 # 3
Book 6916
Page : 3926
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.
PART G. ADOPTION.
After Motion to approve by Councilman Ignasiak, with Second by Councilwoman Bennington,
the vote on the first reading of this ordinance held on August 19, 2013, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Gene Emter X
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#2013-0-16
• Instrument# 2013-195734 # 4
Book _ 6916
Pages 3927
After Motion to approve by CaLcciicaanIycisaK, with Second by Cry man Ernkr , the vote on
the second reading/public hearing of this ordinance held on Q2Jober , 2013, was as
follows:
AYE NAY
Mayor Mike Thomas
Councilman Christine Power �(
Councilwoman Gigi Bennington �(
Councilman Mike Ignasiak )(
Councilman Gene Emter )(
PASSED AND DULY ADOPTED this 1+4\ day of ()etcher , 2013.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGE • ATE , F rS ''411 1 •
r LCANNV A. LW U i
By: ..�,r. _
Bonnie Wenzel 'ke Thom w
City MA. M. or
Robin L. Matusick
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 7 ■ day
legality by: Aaron R. Wolfe, Esquire of Oefo - , 2013 under Agenda Item No.
City Attorney 8 d .
Doran, Sims, Wolfe&Kundid
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#2013-0-16
• Instrument# 2013-195734 # 5
• Book : 6916
Page : 3928
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant in Sections 48 and 49,
Township 18 South, Range 34 East lying Easterly of U.S. Highway No. 1 except the Westerly 1350 feet and a
portion of C.E. McHardy Grant in Section 49, Township 18 South, Range 34 East and lands lying Easterly of
said South 771.3 feet of the North 1731.3 feet of the said Jane Murray Grant and Easterly of a portion of C.E.
McHardy Grant and a portion of the 10-foot planting area lying Northerly of and adjacent to Godfrey Road a 50
foot right-of-way as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof
as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida and being described as
follows: Commence at the Southwesterly corner of said 10-foot planting area lying Northerly of and adjacent to
Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the plat thereof as
recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida; thence along the
monumented Southerly line of the said 10-foot planting area and the Northerly right-of-way line of Godfrey
Road, run N69°06'17"E for a distance of 1350.10 feet; thence run N22°52'29"W along the East Line of the
Westerly 1350 feet of the Jane Murray Grant lying Easterly of U.S. Highway No. 1 for a distance of 784.79 feet
to the monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the Jane Murray Grant;
thence N 68°58'26"E along monumented Northerly line of the South 771.3 feet of the North 1731.3 feet of the
Jane Murray Grant and its Easterly prolongation for a distance of 2161.87 feet to the mean high water of Indian
River North per FDEP MHW Survey File 1161 and per Dan Cory survey dated 06-10-94; thence along said
mean high water line for the following four (4) courses, S37°45'07"E for a distance of 25.43 feet; thence
S24°46'47"E for a distance of 78.46 feet; thence S28°12'19"E for a distance of 71.55 feet; thence S27°38'06"E
for a distance of 26.53 for the Point of Beginning; thence continue along said mean high water line for the
following fourteen(14) courses, S27°38'06"E for a distance of 79.04 feet; thence S20°45'14"E for a distance of
26.64 feet; thence S19°53'35"E for a distance of 68.89 feet; thence S03°44'32"W for a distance of 23.51 feet;
thence S20°06'58"E for a distance of 78.88 feet; thence S21°31'14"E for a distance of 102.28 feet; thence
S21°42'31"E for a distance of 77.07 feet; thence S22°21'00"E for a distance of 91.50 feet; thence S06°51'16"E
for a distance of 9.96 feet; thence S29°21'06"W for a distance of 3.81 feet; thence S17°22'28E for a distance of
2.98 feet; thence S64°35'00"E for a distance of 5.51 feet; thence S25°19'26"E for a distance of 14.08 feet;
thence S25°19'26"E for a distance of 1.24 feet; to a point on the Easterly prolongation of the Northerly line of
the said 10-foot planting area thence S69°06'01"W along Northerly line of the Easterly prolongation of the said
10-foot planting area to the Northeast corner of said 10-foot planting area a distance of 716.59; thence run
S14°57'45"E for a distance of 10.05 feet to the Southeast corner of said 10-foot planting area lying Northerly of
and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section 1, according to the
plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County, Florida; thence
run S69°06"34"W along the Southerly right-of-way of said 10 foot planting strip for a distance of 61.55 feet;
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#2013-0-16
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thence run N22°52'29"W for a distance of 587.65 feet; thence run N68°57'03"E for a distance of 798.35 feet to
the Point of Beginning. Containing 10.50 acres more or less. See EASEMENT "A" ---
Instrument# 2013-195734 # 6
Book : 6916
Page : 3929
EASEMENT "A"
Being subject to a 30 foot easement for the purposes of ingress, egress and utilities and lying 15 foot each side
of the centerline of said easement and being a portion of the South 771.3 feet of the North 1731.3 feet of the
Jane Murray Grant, Section 49, Township 18 South, Range 34 East and C.E. McHardy Grant, Section 49,
Township 18 South, Range 34 East, and a portion of lands lying Easterly of said South 771.3 feet of the North
1731.3 feet of said Jane Murray Grant and C.E. McHardy Grant, AND a portion of the 10-foot Planting Area
lying Northerly of and adjacent to Godfrey Road as shown on plat of Resubdivision of Waterway Park Section
1, according to the plat thereof as recorded in Map Book 19, Page 269 of the Public Records of Volusia County,
Florida, and being described as: Commence at the Southwesterly corner of said 10-foot Planting Area, said
point also being the intersection of the Northerly right of way of said Godfrey Road and the Easterly right of
way of U.S. Highway No. 1; thence North 69°06'17" East, along the Southerly line of said 10-foot Planting
Area and along the Northerly line of said Godfrey Road, a distance of 1350.10 feet; thence North 69°06'34"
East, along the Southerly line of said 10-foot Planting Area and the Northerly right of way line of said Godfrey
Road for a distance of 1396.62 feet for the Point of Beginning and centerline of said easement; thence North
22°52'29" West along said centerline, a distance of 267.36 feet; thence North 09°49'57" West, a distance of
68.80 feet; thence North 12°39'37" East, a distance of 88.20 feet; thence North 45°04'45" East, a distance of
44.81 feet; thence North 71°51'38" East, a distance of 97.23 feet; thence North 63°57'21" East, a distance of
91.27 feet; thence North 45°04'24" East, a distance of 70.50 feet, thence North 21°02'57" West, a distance of
129.64 feet to the Point of Termination. Side lines of said easement to terminate at 90°00'00" left and right
from the centerline Point of Termination. Containing 0.591 acres more or less.
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#2013-0-16
. - Instrument# 2013-195734 # 7
• , i Book a 6916
TT , Page w 3930
^-1 Diane M. Matousek
2 Volusia County, Clerk of Court
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