2014-O-09 ORDINANCE NO. 2014-0-09
AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM
Lo co N COUNTY R-3W (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY R-2 (SINGLE
M (D FAMILY RESIDENTIAL) FOR .31± ACRES OF CERTAIN REAL PROPERTY
Fs'�'. o LOCATED AT 2401 SWORDFISH LANE, EDGEWATER, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING
p m FOR AN EFFECTIVE DATE, RECORDING AND ADOPTION.
Ct' WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Jay and Sheila Gawthrop have applied for annexation of property located at 2401
Swordfish Lane, within Volusia County, Florida. Subject property contains approximately .31 +
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-2 (Single Family
Residential) for the property described herein.
3. On January 8, 2014 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.
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
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surrounding area. Page : 2863
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 R-3W (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.
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.
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After Motion to approve by After Motion to approve by Councilman Emter with Second
by Councilwoman Power, the vote on the first reading of this ordinance held on February 3,
2014, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Mike Ignasiak X
Councilman Gene Emter X
After Motion to approve by Carnal;jCsyyjal 1)e- with Second by
Count icuc,oc.n U ,, the vote on the second reading/public hearing of this ordinance held on
Apl .l 1. , 2014, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington �(
Councilman Mike Ignasiak X
Councilman Gene Emter )(
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PASSED AND DULY ADOPTED this 73-h day of A P , 2014.
ATTEST: CITY COUNCI OF THE
CITY OF E I e 0 T ' FLORIDA al b'PO
nj ,• 1,�Q.� it
l onnie Wenzel Mike Tho's
<,L City Clerk Mayor
',�, .. (
ct cam. t CSC r�- (-
4.'W•C-k.t' f, :` 4, 4 ` Robin L. Matusick
,ItS,'((q � ''� 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 AP , 2014 under Agenda Item No.
City Attorney 8.f' .
Doran, Sims, Wolfe&Kundid
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Diane M. Hatousek
Volusia County, Clerk of Court
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 1, Block 4, Ranken Subdivision, Unrecorded, being a parcel of land in the U.S. Lot 1,
Section 1, Township 18 South, Range 34 East, described as follows: The South 85 feet of the
North 385 feet except the West 50 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34
East; together with an easement over the East 25 feet of the West 50 feet of the South 85 feet of
the North 385 feet of said U.S. Lot 1 and with right to use the following described easements: an
easement for ingress and egress over the West 25 feet of the South 969.64 feet of the North
1269.64 feet of U.S. Lot 1, Section 1, Township 18 South, Range 34 East and a 25 foot easement
over the South 25 feet of the North 50 feet over that Part of the Northeast '/4 of the Southeast 1/4
of Section 2, Township 18 South, Range 34 East, lying East of U.S. No. 1 Highway, Volusia
County, Florida.
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