2017-O-40C
12/7/2017 11:56:49 M
InstrusentE 2017236219 6 pages
Book: 7480 Page: 3677
Electronically Recorded By
Volusia Comity Clerk of the Court
ORDINANCE NO.2017-0-40
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3W (URBAN
SINGLE-FAMILY RESIDENTIAL) TO CITY R-2 (SINGLE
FAMILY RESIDENTIAL) FOR .60t ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 101 ARBOR LANE,
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. Shane and Caroline Ferris are the owners of property located at 101 Arbor Lane,
within Volusia County, Florida. Subject property contains approximately .60t acres.
2. The owners have submitted an application for a change in zoning classification
C from County R-3W (Urban Single -Family Residential) to City R-2 (Single Family
Residential) for the property described herein.
3. On October 12, 2017, 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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#2017-0-40
_ 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 is hereby changed from County R-3W (Urban Single -Family
Residential) to City R-2 (Single Family Residential), for the property described in Exhibits "A" & B".
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
Cclassification 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.
PART E. RECORDING.
Upon approval and execution, this document shall be delivered to the Clerk of Court for
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Underlined passages are added.
92017-040
C
C
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 Vogt, the
vote on the first reading of this ordinance held on November 13, 2017, was as follows:
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy
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#2017-0-40
3
AYE NAY
X
C
C
After Motion to approve by CQ's-r.. ��1,��C >e, with
Second by coC '1^ s j rnQv�j the vote on the second
reading/public hearing of this ordinance held on December 4, 2017, was as follows:
AYE NAY
Mayor Mike Ignasiak
'-4
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 4a day of December, 2017
ATTEST:
.. �RQtin Matasick
" }t4itY`ClerVParalegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Doran, Sims, Wolfe & Ciocchetti
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4
CITY COUNCIL OF THE
CITY OF EDGEWATE FLORIDA
By(i6�'
Mike Ignasi
Mayor
Approved by the City Council of the City of
Edgewater at a meeting held on this e day of
December, 2017 under Agenda Item No.
8 G .
42017-0-40
C EXHIBIT "A"
LEGAL DESCRH'TION
PARCEL 1 OF THE PAXTON ESTATES UNRECORDED SUBDIVISION NO. 694 - THAT
PART OF LOT 4; BELLA VISTA UNIT NO. 3, AS SHOWN ON MAP IN MAP BOOK 9,
PAGE 298 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF
THE SOUTH LINE OF LOT 4, BELLA VISTA UNIT NO. 3, AFOREMENTIONED (ALSO
BEING THE CENTERLINE OF ARBOR LANE, A COUNTY ROAD, 50 FOOT ROW AS.
NOW LAID OUT) AND THE EASTERLY ROW OF U.S. HIGHWAY NO. 1, SAID
EASTERLY ROW BEING 125 FEET EASTERLY FROM THE CENTERLINE OF THE
SOUTH BOUND LANE AS SHOWN ON THE FOOT ROW MAPS; THENCE N.68041'00"E.
ALONG THE SAID SOUTH LINE OF LOT 4, BELLA VISTA UNIT NO. 3, FOR A
DISTANCE OF 300.12 FEET; THENCE N.16019'00"W A DISTANCE OF 25.00 FEET TO
THE NORTH R/W OF ARBOR LANE FOR THE POINT OF BEGINNING; THENCE
CONTINUING N.16019'00" W A DISTANCE OF 175.00 FEET TO THE NORTH LINE OF
LOT 4, BELLA VISTA UNIT NO. 3; THENCE N.68041'00"E. ALONG SAID NORTH LINE,
A DISTANCE OF 150.00 FEET; THENCE S.16"19'00"E., A DISTANCE OF 175.00 FEET TO
THE NORTH ROW OF SAID ARBOR LANE; THENCE S.68041'00"W. ALONG SAID LAST
MENTIONED LINE A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING.
Containing .60t acres more or less
C
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k2017-0-40
EXHIBIT "B^
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#2017-0-40
12f7201711:56:49 AM Instrument #2017236219 #1 Book:7480 Page:3677
)017-0-YO
ORDINANCE NO. —
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3W (URBAN
SINGLE-FAMILY RESIDENTIAL) TO CITY R-2 (SINGLE
FAMILY RESIDENTIAL) FOR .601 ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 101 ARBOR LANE,
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:
L Shane and Caroline Ferris are the owners of property located at 101 Arbor Lane,
within Volusia County, Florida Subject property contains approximately .60f acres.
2. The owners have submitted an application for a change in zoning classification
from County R-3W (Urban Single -Family Residential) to City R4 (Single Family
Residential) for the property described herein.
3. On October 12, 2017, 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.
Seikethmeo passages are deleted. 1
Underlined passages are added.
Instrument #2017236219 N2 Book:7480 Page:3678
S. 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 is hereby changed from County R-3W (Urban Single -Family
Residential) to City R-2 (Single Family Residential), for the property described in Exhibits "A" & B".
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. SEVERABHdTY 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
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Underlined passages are added.
Instrument #2017236219 #3 Book:7480 Page:3679
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 Vogt, the
vote on the first reading of this ordinance held on November 13, 2017, was as follows:
AVE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy
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UnderluKd passages are added.
Instrument #2017236219 #4 Book:7480 Page:3680
After Motion to approve by 1-Cs. � -3�c, cyer with
Second by �-jrjnQn %hlaZL the vote on the second
reading/public hearing of this ordinance held on December 4, 2017, was as follows:
AVE NAY
Mayor Mike Ignasiak
V
Councilwoman Christine Power
V
Councilwoman Amy Vogt
�a
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 4* day of December, 2017.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATE ,FLORIDA
RBa Malasick ` Mike Ignasl
a IRWI I,te�r 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 0 day of
legality by: Aaron R. Wolfe, Esquire December, 2017 under Agenda Item No.
City Attorney 8
Doren, Sims, Wolfe & Cioccheni
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Instrument #2017236219 #5 Book:7480 Page:3681
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL 1 OF THE PAXTON ESTATES UNRECORDED SUBDMSION NO. 694 - THAT
PART OF LOT 4; BELLA VISTA UNIT NO. 3, AS SHOWN ON MAP IN MAP BOOK 9,
PAGE 299 OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF
THE SOUTH LINE OF LOT 4, BELLA VISTA UNIT NO. 3, AFOREMENTIONED (ALSO
BEING THE CENTERLINE OF ARBOR LANE, A COUNTY ROAD, 50 FOOT ROW AS.
NOW LAID OUT) AND THE EASTERLY ROW OF U.S. HIGHWAY NO. 1, SAID
EASTERLY ROW BEING 125 FEET EASTERLY FROM THE CENTERLINE OF THE
SOUTH BOUND LANE AS SHOWN ON THE FOOT ROW MAPS; THENCE N.68e41'00"E.
ALONG THE SAID SOUTH LINE OF LOT 4, BELLA VISTA UNIT NO. 3, FOR A
DISTANCE OF 300.12 FEET; THENCE N.16°19'00"W A DISTANCE OF 25.00 FEET TO
THE NORTH RIW OF ARBOR LANE FOR THE POINT OF BEGINNING; THENCE
CONTINUING N.16"19'00" W A DISTANCE OF 175.00 FEET TO THE NORTH LINE OF
LOT 4, BELLA VISTA UNIT NO. 3; THENCE N.68°41'00"E. ALONG SAID NORTH LINE,
A DISTANCE OF 150.00 FEET; THENCE S.16"19'00"E., A DISTANCE OF 175.00 FEET TO
THE NORTH ROW OF SAID ARBOR LANE; THENCE S.68e4100"W. ALONG SAID LAST
MENTIONED LINE A DISTANCE OF 150.00 FEET TO THE POINT OF BEGINNING.
Containing .60t acres more or less
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Instrument #2017236219 p6 Book:7480 Page:3682 Lau2 E. Roth, Volusia County Clerk of Court
EVMff "B"
WgWARq 1
C3 L4.R
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