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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 1 Strike through passages are deleted. Underlined passages are added. #2014-0-09 Instrument# 2014-065453 # 2 Book : 6978 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. 2 passages are deleted. Underlined passages are added. #2014-0-09 Inst rument# 2014-065453 # 3 Book : 6978 Page : 2864 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 )( 3 Strike through passages are deleted. Underlined passages are added. #2014-0-09 Instrument# 2014-065453 # 4 Book : 6978 Page : 2865 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 4 Strike through passages are deleted. Underlined passages are added. #2014-0-09 Instrument# 2014-065453 1 5 Book : 6978 Page : 2866 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. 5 mike ough passages are deleted. Underlined passages are added. #2014-0-09