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2015-O-03 04/09/2015 04:06 PM • Instrument# 2015-062915 # 1 Book : 7103 Page : 2479 ORDINANCE NO.2015-0-03 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-3W (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY R-1 (SINGLE FAMILY RESIDENTIAL) FOR .69± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 207 RANKEN DRIVE, 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: I. Gerald and Donna Nissen are the applicants for property located at 207 Ranken Drive,within Volusia County, Florida. Subject property contains approximately .69±acres. 2. The 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 January 14, 2015 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. 1 Strike through passages are deleted. Underlined passages are added. #2015-0-03 Instrument# 2015-062915 # 2 • Book : 7103 Page : 2480 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-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, 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. 2 Strike4hfeugh passages arc deleted. Underlined passages are added. #201 5-0-03 Inst rusent# 2015-062915 It 3 . Book : 7103 PART F. EFFECTIVE DATE. Page : 2481 This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by After Motion to approve by Councilwoman Bennington with Second by Councilwoman Power,the vote on the first reading of this ordinance held on February 2, 2015,was as follows: AYE NAY Mayor Mike Ignasiak X =3r Councilwoman Christine Power X e '' -- Councilwoman Gigi Bennington X Councilman Dan Blazi X Councilman Gary T. Conroy X After Motion to approve by c;;JJ ,f1 Confect with Second by exareauxotawec, the vote on the second reading/public hearing of this ordinance held on April 6, 2015, was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Gigi Bennington }( Councilman Dan Blazi Councilman Gary T. Conroy 3 Strike Stfike4liceugh passages are deleted. Underlined passages are added. #2015-0-03 Instrument# 2015-062915 # 4 Book : 7103 Page : 2482 PASSED AND DULY ADOPTED this 6th day of April, 2015. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,F RIDA By: G • i4'/y i'r A Bonnie Wenzel u Mike Ignasiak City Clerk Mayor Robin L. Matusick � £, Paralegal 1 - 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 6th day of legality by: Aaron R. Wolfe,Esquire April, 2015 under Agenda Item No. 8 a . City Attorney J Doran, Sims, Wolfe, Kundid. Ciocchetti&Wagner 4 der passages are deleted. Underlined passages are added. #2015-0-03 Instrument# 2015-062915 # 5 Book : 7103 • Page : 2483 EXHIBIT "A" LEGAL DESCRIPTION A parcel of land in Section 1, Township 18 South, Range 34 East, Volusia County, Florida described as follows: Commence at the Southeast corner of U.S. Lot 7, Section 2, Township 18 South, Range 34 East; thence North 87°27'20" East 312.23 feet; thence South 25°52'10" East 150 feet for the Point of Beginning; thence South 25°52'10" East 100 feet; thence North 68°32'50" East 300 feet to the West bank of the Indian River North; thence along said West bank North 30°47'10" West 100 feet; thence South 68°32'50" West 300 feet to the Point of Beginning. Together with an easement for ingress and egress recorded in Official Records Book 3800, Page 3348 of the Public Records of Volusia County, Florida. 5 Ske-thr-etigh passages are deleted. Underlined passages are added. #2015-0-03 • PAL BREEZE DR i___\, \\ • �l\ `\ \ Instrent# 2015-062915 # 6 \ \: `, tm Book : 7103 ' Page : 2484 \.... \ 1 Diane M. Matousek Volusia County, Clerk of Court \ \ \\ i z J \ I \ o rr ° \ Subject Property U, \ Parcel: 8401-00-00-0013 \ ` \ 207 Ranken Dr. I ' \ %i/% \\ 'i \ - i \ , \ \ \ -p \ 9 \ i ; \ o .A \ a \\ { N 1 <2 t ARTHUR AV , a P.1 `\ ■ % NO0 ' \ SG \� }\ 1 *�. GI � + mO N 0p @DGEW.4TER J 4 7L k 0 Subject Property Cow:,2/15,21)14