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2016-O-18 08/01/2016 02:28 PM Instrument/ 2016-140404 11 1 Book : 7284. Page : 1 335 ORDINANCE NO.2016-0-18 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-4W (URBAN SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE FAMILY RESIDENTIAL) FOR .26± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 164 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. George R. and Constance G. Boehner, are the owner of property located at 164 Azalea Road, within Volusia County, Florida. Subject property contains approximately .26 ± 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 March 9, 2016, 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. •Stas passages are deleted. Underlined passages are added. 1 #2016-0-18 Instruaent# 2016-140404 # 2 Book : 7284 Page : 1336 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 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 C ;ee-t,rough passages are deleted. Underlined passages are added. 2 #2016-0-18 Instrument# 2016-140404 # 3 Book : 7284 Page : 1337 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. After Motion to approve by Councilwoman Power, with Second Councilman Blazi, the vote on the first reading of this ordinance held on April 4,2016,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 S•-0 ug passages are deleted. Underlined passages are added. 3 #2016-0-18 Instrunent# 2016-140404 # 4 Book : 7284 Page : 1338 • After Motion to approve by CLI C-cnnekJ with Second by co�c��_F-�aa- the vote on the second reading/public hearing of this ordinance held on liaLt, 1Q/ ,2016, was as follows: AYE NAY Mayor Mike lgnasiak Councilwoman Christine Power Councilwoman Gigi Bennington \, Councilman Dan Blazi \f Councilman Gary T.Conroy PASSED AND DULY ADOPTED this f day of Li&I1 , 2016. ATTEST: CITY COUNCIL OF THE If CITY CITY OF EDGEWATER,FLORIDA / : L-.705Th -4/7 < 4 LSC Mike Ignacia fRolVn Mgusrek City CIer., /Pa alegal Mayor For the use find"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 1&1> day legality by: Aaron R. Wolfe, Esquire of > 1' , 2016 under City Attorney Agenda Item. 8 C . Doran, Sims, Wolfe&Ciocchetti Strike-through passages are deleted. Underlined passages are added. 4 #2016-0-18 Instrument# 2016-140404 # 5 Book : 7284 Page : 1339 Diane M. Matousek Volusia County, Clerk of Court EXHIBIT"A" LEGAL DESCRIPTION LOT 166 AND THE WEST %2 OF LOT 167, 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 Containing.26 acres more or less. c•- gh passages are deleted. Underlined passages are added. 5 #2016-0-18