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2014-O-29 _ _ 02/04/2015 02:59 PM Instrument# 2015-019538 # 1 • Book : 7079 Page : 4411 ORDINANCE NO.2014-0-29 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-4W (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE FAMILY RESIDENTIAL) FOR .40± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 116 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 and Tammy Hayward are the applicants for property located at 116 Godfrey Road, within Volusia County, Florida. Subject property contains approximately .40 + acres. 2. The applicant has submitted an application for a change in zoning classification from County R-4W (Urban Single-Family Residential) to City R-3 (Single-Family Residential) for the property described herein. 3. On November 12, 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 1 Strike through passages are deleted. Underlined passages are added. #2014-0-29 Instrument 2015-019538 # 2 Book : 7079 • Page : 4412 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 for the following described property is hereby changed from County R-4W (Urban Single-Family Residential) to City R-3 (Single-Family Residential) for the property described in Exhibit 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. 2 Strike through passages are deleted. Underlined passages are added. #2014-0-29 • Instrument# 2015-019538 3 • Book : 7079 Page : 4413 PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by After Motion to approve by Councilman Blazi with Second by Councilwoman Power, the vote on the first reading of this ordinance held on December 1, 2014,was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X - Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary T. Conroy X After Motion to approve by ,c1einliQPnaner with Second by 11 ,,the vote on the second reading/public hearing of this ordinance held on Tatus q , 2015,was as follows: AYE NAY Mayor Mike Ignasiak �( Councilwoman Christine Power �( Councilwoman Gigi Bennington x Councilman Dan Blazi Councilman Gary T. Conroy )( 3 Strike through passages are deleted. Underlined passages are added. #2014-0-29 Inst rui ient## 2015-019538 # 4 Book : 7079 • Page : 4414 PASSED AND DULY ADOPTED thisnd day of 6 , , 2015. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA / By. .'- • Lwt''°r' Bonnie Wenzel O Mike Ignasiak C]city Clerk Mayor O 4 � t I/(i3 k n `€ F ; Robin L.Matusick Paralegal 1 ry t7nnt�::d 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 day legality by: Aaron R. Wolfe, Esquire of .' 6A :t1 , 2015 under Agenda Item No. City Attorney 8 C, . I Doran, Sims, Wolfe,Kundid. Ciocchetti& Wagner • 4 Strike through passages are deleted. Underlined passages are added. #2014-0-29 - - Instrument# 2015-019538 # 5 Book : 7079 Page : 4415 Diane M. Matousek Volusia County, Clerk of Court EXHIBIT "A" LEGAL DESCRIPTION Lots 30-31, of Re-Subdivision of Waterway Park, Sec 1, as Recorded in Map Book 19, Page 269, Volusia County Records, Volusia County, Florida. Section 49, Township 18 South, Range 34 East and a 100' portion of the Godfrey Road right-of-way northerly to City of Edgewater city limits directly adjacent to said property. 5 Strike through passages are deleted. Underlined passages are added. #2014-0-29