2016-O-18 08/01/2016 02:28 PM
Instrument/ 2016-140404 11 1
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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.
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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
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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
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•
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
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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.
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