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2016-O-49 ORDINANCE NO. 2016-0-49 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY A-2 (RURAL AGRICULTURE) AND A-3 (TRANSITIONAL AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL) FOR 8.6± ACRES OF CERTAIN REAL PROPERTY LOCATED AT PEARL LAKE TRAIL (PID 7336-01-00-0163); 2460 TAYLOR ROAD (PID 7336-01-00-0170); 2450 TAYLOR ROAD (PID 7336-01-00-0170) AND TAYLOR ROAD (PID 7336-01-00-0180), 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. Amberly Pearson is the applicant for property located at Pearl Lake Trail (PID 7336-01-00-0163); 2460 Taylor Road(PID 7336-01-00-0170); 2450 Taylor Road (PID 7336-01- 00-0170) and Taylor Road (PID 7336-01-00-0180), within Volusia County, Florida. Subject property contains approximately 8.6±acres. 2. The applicant has submitted an application for a change in zoning classification from County A-2 (Rural Agriculture) and A-3 (Transitional Agriculture) To City RT (Rural Transitional)for the property described herein. 3. On November 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. Strike-through passages are deleted. Underlined passages are added. #2016-0-49 1 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. 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 A- 2 (Rural Agriculture) and A-3 (Transitional Agriculture) To City RT (Rural Transitional) for the property described in Exhibit"A". PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER,FLORIDA. The GIS Technician 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 Strip passages are deleted. Underlined passages are added. #2016-0-49 2 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. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. After Motion to approve by Councilwoman Power, with Second by Councilman Blazi, the vote on the first reading of this ordinance held on December 5, 2016, was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary T. Conroy X passages St�e�eeg#p es are deleted.g Underlined passages are added. #2016-0-49 3 After Motion to approve by Cfx.z:—y--,t Ilrr t,Th _RAO with Second by �Sj , IL - � the vote on the second reading/public hearing of this ordinance held on January 9, 2017, was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power N. Councilwoman Amy Vogt Councilman Dan Blazi N, Councilman Gary T. Conroy �— PASSED AND DULY ADOPTED this 91A day of , 2017. 8 ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By• 46 1-61i 0141:11111 - Robin Mat sick 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 co., day legality by: Aaron R. Wolfe, Esquire of , 2017 under City Attorney Agenda Item N . t✓. . Doran,Sims,Wolfe&Ciocchetti Strike-ttreugh passages are deleted. Underlined passages are added. #2016-0-49 4 EXHIBIT "A" LEGAL DESCRIPTION Parcel 7336-01-00-0163 Description (Per OR Book 6941, Pg 1818) A Portion Of Lot 11 And A Portion Of Lot 16 Lying Wester Ly Of The Florida East Coast Railway, Plat Of The Assessor's Subdivision Of The Chilton Homestead As Per Map Recorded In Map Book 3 Page 54 Of The Public Records Of Volusia County Florida, Being More Particularly Described as follows: As A Point of Reference, Commence At The Northwest Corner Of U.S. Government Lot 1; Thence Run S 88"10'46" W, Along The South Line Of Said Lot 1 1, A Distance Of 247.31 Feet To A Point On The West Line Of Said Lot 1 1; Thence Run N 02"06'52"W, Along The West Line Of Said Lot 1 1 A Distance Of 145.47 Feet To The Point Of Beginning; Thence Continue N 02"06'52" W, Along The West Line Of Said Lot 1 1 , A Distance Of 154.49 Feet; Thence Run N 79"38'03" E, A Distance Of 740.53 Feet; Thence Run N 00"20'30" E, A Distance Of 23.20 Feet To A Point On The South Line Of Lot 12 Of Said Chilton Homestead; Thence Run N 88"49'01" E, Along The South Line Of Said Lot 12 And Along The South Line Of Lot 15 Of Said Chilton Homestead, A Distance Of 779.96 Feet; Thence Run S 15° 33'22" W, A Distance Of 80.37 Feet; Thence Run S 80"26'15" W, A Distance Of 1501 .98 Feet To A Point On The West Line Of Lot 1 1 And The Point Of Beginning. Said Parcel Contains 5.00 Acres More Or Less. Parcels 7336-01-00-0170; 7336-01-00-0171; and 7336-01-00-0180 DESCRIPTION (PER ORB 5824,PG 716) A Portion Of Lots 17 And 18, Lying South Of Taylor Road, A Portion Of Lot 11, Plat Of The Assessor's Subdivision Of The Chilton Homestead As Per Map Recorded In Map Book 3 Page 54 Of The Public Records Of Volusia County Florida, And A Portion Of Us Lot 1, Section 5, Township 18 South Range 34 East Lying West Of The Florida East Coast Railway And A Portion Of The Samuel Betts Grant In Township 18 South Range 34 East Volusia County, Florida Lying Westerly Of The Florida East Coast Railway and Being More Particularly Described As Follows: Commence at the southwest corner of said lot 11; thence N.00°20'30" E., a distance of 300.00 feet to the POINT OF BEGINNING; thence continue northerly along said -line, a distance of 76.42 feet; thence N.88°10'46" E., a distance of 121.29 feet; thence N.02°21'40" W., a distance of 200.52 feet; to a point on Taylor Road; thence N. 77°13' 46" E., a distance of 349.21 feet to the northwest corner of lot 18, to the point of curve a non tangent curve to the left, of which the radius point lies N.14°06'29" W., a radial distance of 490.40 feet; thence northeasterly along the arc, through a central angle of 20°17'54", a distance of 173. 7 4 feet, the northeast corner of lot 18; thence S.01°16'37" E., a distance of 204.69 feet, to the southeast corner of lot 18 also the west line of lot 11; thence N.88°49'01 "E, a distance of 100.04 feet; thence S.00°20'30" W., a distance of 93.24 feet; thence S. 79°28'13" W., a distance of 727.84 feet to the POINT OF BEGINNING. SAID PARCEL CONTAINS 3.58 ACRES MORE OR LESS. StFiEe-trough passages are deleted. Underlined passages are added. #2016-0-49 5