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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. Wilkethroughpassages are deleted. I Underlined passages are added. #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 94iketlxeagh passages are deleted. 2 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 Strike-threuglr passages are deleted. Underlined passages are added. #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 Skikethreugh passages are deleted. Underlined passages are added. 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 Strike-threagk passages are deleted. Underlined passages are added. k2017-0-40 EXHIBIT "B^ i 1 >'I �J y_o s 8 pn4 TF9 T ®sv4w+Fmnm / 9stike tlifeugk passages are deleted. Underlined passages are added. #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 Strike-Ureagk passages are delated. 2 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 Saike-dweeg6 passages are deleted. 3 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 Shike Owsv k passages are delded. 4 Underlined dined pawges are added. 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 Striketw000 passages are deleted. Underlined passages are added. Instrument #2017236219 p6 Book:7480 Page:3682 Lau2 E. Roth, Volusia County Clerk of Court EVMff "B" WgWARq 1 C3 L4.R Sxikethmugk passages are deleted. Underlined passages are added.