2017-O-41 11/17/2017 1:51:49 PH
Instrumentit 2017223800 7 pages
Book: 7473 Page: 2161
Electronically Recorded By
Volusia County Clerk of the Court
ORDINANCE NO. 2017-0-41
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-3 (TRANSITIONAL
AGRICULTURE) TO CITY RT (RURAL TRANSITION)
FOR 1.67± ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 1861 SOUTH PINEDALE 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. Juan C. Torres, is the applicant on behalf of Jesusa H. Kepler, owner of property
located at 1861 South Pinedale Road. within Volusia County, Florida. Subject property
contains approximately 1.67± acres.
2. The applicant has submitted an application for a change in zoning classification
from County A-3 (Transitional Agriculture) to City RT (Rural Transition) for the property
described herein.
3. On September 13, 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
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2017-0-41
•
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 property described in Exhibit "A" is hereby changed from
County A-3 (Transitional Agriculture) to City RT (Rural Transition).
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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2017-0-41
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. Bet ECTIVE 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 October 2,2017 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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2017-0-41
After motion to approve by C--t3ery:t_s -,{) ' 'r?,. with second
byC-Ct•-ene:47/12)Crt< � .(�a2� ,the vote on the second
reading/public hearing of this ordinance held on November 13, 2017 was as follows:
AVE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Nazi
Councilman Gary Conroy N
PASSED AND DULY ADOPTED this 13`h day of November, 2017.
ATI'-ESM CITY COUNCIL OF THE
•
CITY OF EDGEWATER, ORIDA
` r-� ( • 'V
• 2oliin_,a 41kle . Mike Ignasiak
City?Fle 'tin:: l 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 13`h day of
legality by: Aaron R. Wolfe, Esquire November, 2017 under Agenda Item No.
City Attorney 8 .
Doran, Sims, Wolfe &Ciocchetti
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2017-0-41
EXHIBIT "A"
LEGAL DESCRIPTION
The East 337.5 feet of Lot 12, South of State Road #442, Assessor's Subdivision of the Samuel
Betts Grant, according to Map thereof recorded in Map Book 3, Page 153, of the Public Records
of Volusia County, Florida and being more particularly described as follows: Beginning at the
intersection of the Southerly R/W of State Road #442, a 120 foot R/W as now laid out and the
Westerly line of Block 150, Florida Shores Unit #5, a Subdivision according to Map thereof
Recorded in Map Book 23, Page 107, of the Public Records of Volusia County, Florida, thence
South 21011'05" East, along the Westerly line of said Block 150, a distance of 217.71 feet to the
South line of said Lot 12; thence South 69°33'55" West, along the said Southerly line of Lot 12,
a distance of 337.53 feet to the Easterly line of Pinedale road, a 50 foot road as now laid out;
thence North 21°11'05" West, along said Easterly line, a distance of 213.29 feet to the said
Southerly R/W of State Road #442; thence North 68°48'55" East, as a basis of bearing, along the
said Southerly R/W of State Road #442, a Distance of 337.5 feet to the Point of Beginning.
excepting there from the following described property: Commence at the Southeast corner of
Section 38, Township 18 South, Range 34 East, Volusia County, Florida; thence North 21°11
'63" West along the East line of said Section 38, also being the West line of Florida Shores Unit
No. S, as recorded in Map Book 23, Page 107, of the Public records of Volusia County, Florida,
a Distance of 820.132 Meters (2690.72 feet) to a point of the existing Southerly right of way line
of State Road #442, as shown on Florida department of Transportation right of way Map Section
79210-2504 for the Point of Beginning; thence South 68°48'54" West, along said existing
Southerly right of way line, 102.856 Meters (337.46 feet) to the West line of lands described in
Official Records Book 1911, Page 1554, of the public records of Volusia County, Florida; thence
South 21°10'59" East, along said West line, 7.010 Meters (23.00 feet); thence North 68°48'54"
East, 102.856 Meters (337.46 feet) to the West line of said Florida Shores Unit No. 5 (East line
of said Section 38); thence North 21°11'03" West, along said West line 7.010 Meters (23.00 feet)
to the Point of Beginning.
Containing 1.67 acres more or less.
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2017-0-41
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