2013-O-13 10/09/2013 01:57 PM
•
Instrument:# 2013-195713 # 1
Book : 6916
Page x:- 3878
ORDINANCE NO. 2013-0-13
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3 (URBAN SINGLE-
FAMILY RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY
RESIDENTIAL) FOR .32± ACRES OF PROPERTY
LOCATED EAST OF MEADOW LAKE DRIVE AND
SOUTH OF 28TH STREET, 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. Southeast Volusia Habitat for Humanity, Inc. is the owner/applicant of property
located east of Meadow Lake Drive and south of 28th Street, within Volusia County, Florida.
Subject property contains approximately .32 +acres.
2. The owner/applicant has submitted an application for a change in zoning
classification from County R-3 (Urban Single-Family Residential) to City R-2 (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
Strike-through passages are deleted.
Underlined passages are added.
#2013-0-13
Instrument# 2013-195713 5 2
Book : 6916
Page : 3879
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 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-3 (Urban Single-Family Residential) 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.
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.
Strike-through passages are deleted.
Underlined passages are added.
#2013-0-13
Instrumeent# 2013-195713 # 3
Book : 6916
Page : 3880
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.
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
Stfike-through passages are deleted.
Underlined passages are added.
#2013-0-13
After Motion to approve by C[litmalianrvi Power with Second by ClifiedigamirLia, the vote on
the second reading/public hearing of this ordinance held on CX ober 7 , 2013, was as
follows:
AYE NAY
Mayor Mike Thomas X 17 CD "
G) O
Councilman Christine Power X I
If
Councilwoman Gigi Bennington
co i8
COD w
Councilman Mike Ignasiak X CO -A
Councilman Gene Emter X '
PASSED AND DULY ADOPTED this 7th day of {-per , 2013.
ATTEST: CITY COUNCIL OF THE
CIT OF EDGEW• T ' ' , i1=ORIDA
r� sl � '
Bon?nie Weitzel U • Mi ‘• Thomas��
..;:City Clerk Mayor
i v
" ¢ 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+h day
legality by: Aaron R. Wolfe, Esquire of Utoodie , 2013 under Agenda Item No.
City Attorney 8 b .
Doran, Sims, Wolfe&Kundid
Strike through passages are deleted.
Underlined passages are added.
#2013-0-13
Instrument# 2013-195713 # 5
• Book :: 6916
Page : 3882
EXHIBIT "A"
LEGAL DESCRIPTION
The Northerly 100 feet of the Westerly 140 feet of Lot 11, Edgewater Country Estates (Unit #1), according to
the map or plat thereof, as recorded in Map Book 11, Page 247, of the Public Records of Volusia County,
Florida.
Together with: 50% of the subsurface mineral rights in and to the Northerly 100 feet of the Westerly 140 feet of
Lot 11, Edgewater Country Estates (Unit#1), according to the map or plat thereof, as recorded in Map Book 11,
Page 247, of the Public Records of Volusia County, Florida. (Official Records Book 5782, Page 2604)
Strike-through passages are deleted.
Underlined passages are added.
#2013-0-13
Instrument# 2013-195713 # 6
Book : 6916
Page : 3883
Diane M. Matousek
' Diane Volusia County, Clerk of Court
i�y�y 1
tl.
41`$1fc •n 2 (2, ' . N-4) 'La',,,,v
x tg
tVO ijei st � � b 2
0 01 �= 1 , Y
1.... -4 Oil. 0 .ill- zeL, - ovi-A ,i i 0 1 h o ,I 11111 1�t NI C1., '� „> !�'�"ir3..' e 1°31
15, 0,0011114001 A le g 1 itiproitio
z _ co, a _.,....i
Mk
A I III 11111101100.1
A ,1t:1III !
A LL
lerOsIiiiiniel lioiottito
o fi4i3Oii..i: 0„ �rit .a
00 tollioi I'
C°31 ;*I. 1 I S** _____.---------
5 Atto‘ilii,Alii-- -- 000
0000
. „.„---0_,.. 8. .. ...-- .1, , 0
c));*- *WI 01 II Oil III I IP 1 0 i 0
''''>. 41” i :*- 'Ith°4 \-- -\ISI)\ t #11 08* 1111114