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2017-O-48 2/7/2018 2:15:57 PM Instrument#2018025087#1 Book:7504 Page:4069 ORDINANCE NO. 2017-0-48 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R-3W (URBAN SINGLE-FAMILY RESIDENTIAL) TO CITY R-2 (SINGLE FAMILY RESIDENTIAL) FOR .63± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 100 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. David and Robin Urban are the owners of property located at 100 Arbor Lane, within Volusia County, Florida. Subject property contains approximately.63±acres. 2. The owners have submitted an application for a change in zoning classification from County R-3W (Urban Single-Family Residential) to City R-2 (Single Family Residential)for the property described herein. 3. On December 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 the natural environment. Strikeeegh passages are deleted. 1 Underlined passages are added. #2017-0-48 Instrument#2018025087#2 Book:7504 Page:4070 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 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. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for Srrike hr-eegfh passages are deleted. 2 Underlined,passages are added. #2017-0-48 Instrument#2018025087#3 Book:7504 Page:4071 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 Power, the vote on the first reading of this ordinance held on January 8,2018,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 After Motion to approve by LC-0.4Thrs t j i,: Cir cmc �:� 1C ti. :c) with Second by aC;'L.41s---)0,` IE , the vote on the second reading/public hearing of this ordinance held on February 5,2018,was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy Stfike-theattli passages are deleted. 3 Underlined passages are added. 42017-0-48 Instrument#2018025087#4 Book:7504 Page:4072 PASSED AND DULY ADOPTED this 5th day of February,2018. ATTEST: CITY COUNCIL OF THE CITY OF EDGEWATER, LORIDA Robin 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 5th day of legality by: Aaron R. Wolfe, Esquire February, 2018 under Agenda Item No. City Attorney 8 G Doran,Sims,Wolfe&Ciocchctti &tike-tlreugk passages are deleted. 4 Underlined passages are added. #2017-0-48 Instrument#2018025087#5 Book:7504 Page:4073 EXHIBIT"A" LEGAL DESCRIPTION LOT 3,ARBOR LANE SUBDIVISION,ACCORDING TO THE PLAT THEREOF.AS RECORDED IN MAP BOOK 28,PAGE 63,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY. FLORIDA. Containing.63±acres more or less CD passages are deleted. 5 Underlined passages are added. #2017-0-48 Instrument#2018025087#6 Book:7504 Page:4074 Laura E. Roth,Volusia County Clerk of Court EXHIBIT"B" fy' tS k f d q t 4.00- rf i.. t ._fr . 1 3 1 \ V/. / ti'' Ist. 0 a oma'' -4 fit. oc , 0 44 _. . I a. l 1 a. N a \.. Wit.. .. i t -.- ucncarEN F1 Ea .r Su n � Propxry i�'iB Strike-tetfglh passages are deleted. 6 Underlined passages are added. #2017-0-48