2016-O-06 06/20/2016 10:35 AN
Instrument' 2016-111501 11 1
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ORDINANCE NO.2016-0-06
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3W (URBAN
SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL) FOR .34± ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 125 FLAMINGO 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. Arthur J. Mowery, is the applicant for property located at 125 Flamingo Road,
within Volusia County, Florida. Subject property contains approximately .34±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-3 (Single Family Residential)
for the property described herein.
3. On February 10, 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.
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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
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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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 by Councilwoman
Bennington, the vote on the first reading of this ordinance held on March 7, 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 C.,�..- a- . A ,/ with
Second by Co G/lt.4Jor, , /j AL, > , the vote on the second
reading/public hearing of this ordinance held on 11,1.11oJ 1� , 2016, was as
follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilman Dan Blazi
Councilman Gary T. Conroy
tA
PASSED AND DULY ADOPTED this (0 day of „ , 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
P
Robin Ma`tusick Mike Ignasi
City Clerk/Paralegal Mayor
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 (o-' day
legality by: Aaron R. Wolfe, Esquire of 114L2,101 , 2016 under Agenda
City Attorney Itemo. 8 0 .
Doran, Sims, Wolfe&Ciocchetti
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Diane H. Matousek
Volusia County, Clerk of Court
EXHIBIT "A"
LEGAL DESCRIPTION
Lots 219 and 220, WATERWAY PARK SEC. NO. 3, according to the plat thereof, recorded in
Map Book 19, page 279 of the Public Records of Volusia County,Florida.
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