2016-O-44 09/29/2016 09:16 AM
• Instrument# 2016-180426 # 1
Book : 7308
Page : 1222
ORDINANCE NO. 2016-0-44
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-4W (URBAN
SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL) FOR 7.34± ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 190 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. Rajesh Ailani, is the applicant for property located at 190 Godfrey Road, within
Volusia County, Florida. Subject property contains approximately 7.34± 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 August 10, 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.
7. The proposed change in zoning classification will not have an adverse effect on
the natural environment.
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Page : 1223
•
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.
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Book _ 7308
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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 Councilman Blazi, with Second by Councilwoman Power,
the vote on the first reading of this ordinance held on September 6,2016, was as follows:
AVE 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 e-- f with
Second by the vote on the second
reading/public hearing of this ordinance held on September 19, 2016, was as follows:
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power N
Councilwoman Gigi Bennington
Councilman Dan Blazi N
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this ICIINday ofj l.), ) , 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER FLORIDA
C► + .x J By. /a d tMra-
L bi Ma'ttisick Mike Ignasia l
�; City IerkM'aralegall Mayor
). � G t
t'' y
,
For theiise 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 me. eting held on this + day
legality by: Aaron R. Wolfe, Esquire of , 2016 under
City Attorney AgendatI em No. 8 C. .
Doran, Sims, Wolfe &Ciocchetti
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Book : 7308
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Diane M. Matousek
Volusia County, Clerk of Court
EXHIBIT "A"
LEGAL DESCRIPTION
A parcel of submerged, semi-submerged and land lying East of the Government Meander Line of
the JANE MURRAY GRANT, Section 49, Township 16 South, Range 34 East, Volusia County,
Florida, described as follows: Commence at the Northwest corner of Section 49. Township 16
South, Range 34 East; thence Southerly along the Westerly line of said Section 49, 1731.34 feet
thence N 69"09'40" E, 2572.4 feet to the meander line of said Section 49 for the Point of
Beginning; thence continue N 69°09'40" E, 201.61 feet. thence S 20'50"20" E, 202.08 feet; N
69'09'40" E, 235.65 feet thence N 74"35' 14" E, 294.54 feet to the Weslarly line of the
Intracoastal Waterway; thence along said Weslarly line S 17'50'47" E, 488.30 feet; thence S
66'49"50" W, 238.30 feet; thence S 19°33'50" W, 138.40 feet; thence S 63°50"20" W, 184.60
feet. thence N 16°11'10" W 541 .00 feet; thence S 68°49'50" W, 106.00 feet; thence N 14°55'40"
W, 150.00 feet thence S 68°49'50" W. 33.87 feet. thence N 20°50'20" W, 92.65 feet; thence S
69°09'40" W. 100.00 feet to the said meander line of Section 49; thence along said meander line
N 14°55'40"W, 60.32 feel to the Point of Beginning.
Subject to easements described as follows:
WATER LINE EASEMENT: Being a parcel of land lying Easterly of the Government Meander
Line of the Jane Murray Grant Section 49, Township 18 South, Range 34 East, Volusia County,
Florida and described as follows: Commence at the Northwest corner of Section 49, Township
18 South, Range 34 East; thence Southerly along the west line of said Section 49, a distance of
1731.34 feet; thence N 69'09"40" E a distance of 2572.4 feet to a concrete monument on the
meander line of said Section 49, thence S 14'55'40" E along said Government Meander Line, a
distance of 13.79feet for the Point of Beginning; thence N 70'21"55" E, a distance of
I25.35feetlo the PC of a curve; thence Easterly along a curve concave to the South, said curve
having a central angle of 51 '34'38", a radius of 203.58 feet an arc distance of 183.26 feet; thence
S 310156'33" W, a distance of 10.00 feet; thence Westerly along a curve concave to the South,
said curve having a central angle of 5l°34'38", a radius of 193.58 feet, an arc distance of 174.26
feet thence S 70°21 '55", a distance of 326.81 feet to the Government Meander Line; thence N
14°55'40" W along said Meander Line, a distance of 10.03 feet to the Point of beginning.
AND
A parcel of land lying East of the Government Meander Line of the Jane Murray Grant, Section
49, Township 18 South, Range 34 East, Volusia County. Florida; described as follows:
Commence at the Northwest corner of Section 49 Township 18, Range 34 East; thence Southerly
along the west line of said Section 49, 1731.34 feet; thence N 69°09'40" E. 2572.40 feet to the
meander line of said Section 49 and for the Point of Beginning; thence continue N 69°09'40" E,
201 .61 feet; thence S 20°50'20" E, 60.00 feet; thence S 69°09'40" W, 207.82 feet to the said
meander line of Section 49; thence along said meander line N 14°55'40" W, 60.32 feet to the
Point of Beginning
Containing.7.34 acres more or less.
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