2015-O-2802/24/2016 03:25 PH
ORDINANCE NO. 2015-0-28 Instrument# 2016-033855 # 1
Book: 7221
AN ORDINANCE GRANTING A CHANGE IN ZONIN ? 2183
CLASSIFICATION FROM COUNTY R -4W (URBAN
SINGLE-FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL) FOR .32f ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 109 AZALEA 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. Kenneth L. Bell and Theresa Olivetto are the applicants for property located at
109 Azalea Road, within Volusia County, Florida. Subject property contains approximately .32
+ 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 11, 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
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Instrument# 2016-033855 # 2
• the natural environment. Book: 7221Page : 2184
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
«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.
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. PART F. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
PART G. ADOPTION.
Instrument# 2016-033855 # 3
Book: 7221
Page: 2185
After Motion to approve by After Motion to approve by Councilwoman Power, with
Second by Councilwoman Bennington, the vote on the first reading of this ordinance held on
November 16, 2015, 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 e:Z ..cis-- with
Second by the vote on the second
reading/public hearing of this ordinance held on February 1, 2016, was as follows:
AYE NAY
Mayor Mike Ignasiak \-.
Councilwoman Christine Power IN.,
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy V
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#2015-0-28
PASSED AND DULY ADOPTED this 1 st day of February, 2016.
ATTEST:
ti
Robin L. atusick
City Clerk/Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Ciocchetti
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Instrument# 2016-033855 # 4
Book: 7221
Page: 2186
CITY COUNCIL OF THE
CITY OF EDGE ATER, FLORIDA
110.
gy:
Mike Qnasiak
Mayor
Approved by the City Council of the City of
Edgewater at a meeting held on this 1 st day of
February, 2016 under Agenda Item No.
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Instrument# 2016-033855 # 5
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Page: 2187
EXHIBIT "A"
LEGAL DESCRIPTION
The Westerly 17.50 feet of Lot 105 and all of Lot 106, WATERWAY PARK SEC. NO. 3,
according to the plat thereof, as recorded in Map Book 19, Page 279, of the Public Records of
Volusia County, Florida; together with the 15 foot drainage easement lying between said Lots
105 and 106, vacated and abandoned by Volusia County Resolution No. 79-9, recorded in
Official Records Book 2049, Page 1461, of the Public Records of Volusia County, Florida.
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instrument# 2016-033855
Book: 7221
Page: 2188
Diane M. Matousek
Volusia County, Clerk of
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