2017-O-19 •
6/20/2017 8:27:03 AM
4 Instrument# 2017120426 12 pages
Book: 7412 Page: 3484
Electronically Recorded By
Volusia County Clerk of the Court
ORDINANCE NO.2017-0-19
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM CITY R-2 (SINGLE-FAMILY
RESIDENTIAL) TO CITY R (RECREATION) FOR .34±
ACRES OF CERTAIN REAL PROPERTY LOCATED AT
2129 UMBRELLA TREE DRIVE (PID 8402-01-03-9780),
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. The City of Edgewater, is the applicant on behalf of Grace-Scott Properties, LLC,
owner of property located 2129 Umbrella Tree Drive, within Volusia County, Florida.
Subject property contains approximately.34±acres.
2. The applicant has submitted an application for a change in zoning classification
from City R-2 (Single-Family Residential) to City R (Recreation) for the property described
herein.
3. The property owner desires to donate the property to the City for the purpose of a
neighborhood park.
4. The City agrees to develop the property in accordance with the Memorandum of
Understanding, Exhibit"B".
5. On April 12 2017, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
6. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
7. The proposed change in zoning classification is not contrary to the established
land use pattern.
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#2017-0-19
8. The proposed change in zoning classification will not adversely impact
public facilities.
9. The proposed change in zoning classification will not have an adverse
effect on the natural environment.
10. 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
City R-2 (Single-Family Residential)to City R(Recreation), 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.
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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.
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 and Second by Councilwoman Power,the
vote on first reading of this ordinance which was held on May 1, 2017 was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary Conroy X
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After Motion to approve by with Second by
the vote on the second reading/public hearing
of this ordinance held on Lit-e-rr o_. 6 , 2017, was as follows:
AYE NAY
Mayor Mike Ignasiak N
Councilwoman Christine Power �+
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy e t
PASSED AND DULY ADOPTED this day of U[-e-rLt._, , 2017.
ATVEST: CITY COUNCIL OF THE
Jj . bw
• r CITY OF EDGEWATER,FLORIDA
.c7)(
; y. tom . By:/lc -
( tkt,
y G � *obin Matusick Mike Ignasiak
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 day of
legality by: Aaron R. Wolfe, Esquire, 2017 under Agenda Item No. 8 e .
City Attorney
Doran,Sims, Wolfe&Ciocchetti
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EXHIBIT"A"
LEGAL DESCRIPTION
LOTS 3978, 3979 AND 3980,BLOCK 117,FLORIDA SHORES NO. 5,A SUBDIVISION,
ACCORDING TO THE PLAT THEREOF,AS RECORDED IN MAP BOOK 23,PAGES 107 AND
108,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA.
Containing.34 acres more or less.
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#2017-0-19
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MEMORANDUM OF UNDERSTANDING
FOR THE DONATION OF PROPERTY LOCATED AT 2129 UMBRELLA
TREE DRIVE, EDGEWATER, FLORIDA
THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into this 9-/-ft day of,
V L , 2017, between the CITY OF EDGEWATER, a political subdivision of the
State of Florida, (the CITY) and GRACE-SCOTT PROPERTIES LLC. (OWNER), a privately owned
Limited Liability Company.
WHEREAS, GRACE-SCOTT PROPERTIES LLC, acknowledges they own property located
at the northeast corner of Umbrella Tree Drive and 22°a Street with an address of 2129 Umbrella Tree
Drive (8402-01-03-9780)and desires to donate the property to the City of Edgewater for the purposes
of a neighborhood park; and
WHEREAS, the City of Edgewater has determined that neighborhood parks provide benefits
to the community by encouraging opportunities to increase physical fitness as well as a place to
encourage neighbors to meet neighbors; and
WHEREAS, neighborhood parks create opportunities of exposure to nature and greenery
which makes people healthier and increases neighborhood property values.
NOW THEREFORE, in consideration of the MOU, the sufficiency of which is mutually
acknowledged, it is agreed:
1. CITY Obligations.
a. The CITY shall complete the development of the park with twenty four(24)months
from receipt of ownership of the property.
b. The CITY shall appropriately zone the property prior to taking receipt of transfer
from GRACE-SCOTT PROPERTIES, LLC.
c. The CITY shall dedicate a feature at the park and shall affix a plaque on such
feature recognizing the Henry family for their donation.
d. The CITY shall provide GRACE-SCOTT PROPERTIES, LLC with a letter signed
by the Mayor recognizing the donation and shall include an estimated value based
on a licensed realtor's opinion of value.
2. GRACE-SCOTT PROPERTIES LLC Obligations.
a. The GRACE-SCOTT PROPERTIES, LLC, shall provide a most recent survey and
evidence that there are no liens against said property and shall transfer ownership to
the City of Edgewater guaranteeing clear title by deed.
b. GRACE-SCOTT PROPERTIES, LLC, shall pay any outstanding taxes and liens
that may be associated with the donated property prior to acceptance by the CITY.
c. The GRACE-SCOTT PROPERTIES, LLC, shall be permitted to assist with the
design and selection of features used to develop the park.
•
CITYOFEDGEWATER
/*A /+ .4Cw
Michael Ignasiak,Ma i r
s ,
•'. • ATTEST:
GRACE-SCOTT PROPERTIES LLC.
A i
Doug Henry,MGRM 4111W-
4460
4460 Cow Creek Road
Edgewater, FL 32141
WITNESSES:
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