2018-O-13 - 2420 and 2424 Taylor Road RZ8/9/2018 2:52:21 PM Instrument #201 81 61 061 #1 Book:7582 Page:3835
ORDINANCE NO. 2018-0-13
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY A-2 (RURAL
TRANSITIONAL) AND MH -4 (RURAL MOBILE HOME)
TO CITY RT (RURAL TRANSITIONAL) FOR 9.81± ACRES
OF CERTAIN REAL PROPERTY LOCATED AT 2420
TAYLOR ROAD AND 2424 TAYLOR 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. Ronald and Margaret Hartwell are the owners of property located at 2420 Taylor
Road and 2424 Taylor Road within Volusia County, Florida. Subject property contains
approximately 9.817L acres.
2. The owners have submitted an application for a change in zoning classification
from County A-2 (Rural Transitional) and MH -4 (Rural Mobile Home) To City RT (Rural
Transitional) for the property described herein.
3. On June 20, 2018, 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.
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7. The proposed change in zoning classification will not have an adverse effect on
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 is hereby changed from County A-2 (Rural Transitional) and MH -4
(Rural Mobile Home) To City RT (Rural Transitional), 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
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Instrument #201 81 61 061 #3 Book:7582 Page:3837
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, with Second by Councilwoman Power,
the vote on the first reading of this ordinance held on July 16, 2018, was as follows:
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy
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2018-0-13
AYE
X
X
X
104W4
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After Motion to approve bywith
Second by �c�c�'r�%fir—c�c� �—� ;,,� ir�r 1- the vote on the second
reading/public hearing of this ordinance held on August 6, 2018, was as follows:
AYE
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt '\14
Councilman Dan Blazi 'IN
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 6th day of August, 2018.
ATTEST:
I Robin Matusick
City'Clerk/Paralegal
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
NAY
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Mike Ignasiak
Mayor
Approved by the City Council of the City of
Edgewater at a meeting held on this 6`h day of
August, 2018 under Agenda Item No. 8 L.•
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EXHIBIT "A"
LEGAL DESCRIPTION
2420 Taylor Road
A part of Lot 12, Plat of Assessor's Subdivision of the Chilton Homestead as shown on map in
Map Book 3, page 54 of the Public Records of Volusia County, Florida, being more particularly
described as follows: Commence at the Southeast corner of Lot 12, aforementioned; thence N 01
degrees 50' 10" W along the East line said Lot 12 for a distance of 263.03 feet for the Point of
Beginning; thence S 89 degrees 46'28" W, a distance of 200 feet; thence N 1 degree50' 10" W a
distance of 200 feet; thence N 89 degrees 46' 28" E distance of 200 feet to the said Easterly line
of Lot 12; thence S 1 degree 50' 10" E along said Easterly line of Lot 12, 200 feet to the Point of
Beginning. TOGETHER with the right to use a 25 foot easement lying Westerly of the above
described property and being more particularly described as follows: A part of Lot 12, Plat of
Assessors Subdivision of the Chilton Homestead as shown on map in Map Book 3, page 54, of
the Public Records of Volusia County, Florida, being more particularly described as follows:
Commence at the Southeast corner of Lot 12, aforementioned; thence N 01 degrees 50' 10" W
along the East line said Lot 12 for a distance of 263.03 feet thence S 89 degrees 46' 28" W a
distance of 200 feet for the Point of Beginning; thence N 1 degree 50' 10" W, a distance of 435.6
feet to the Southerly line of Taylor Road a 50 foot R/W as now laid out; thence S 89 degrees 46'
28" W along said R/W line a distance of 25 feet; thence S 1 degree 50' 10" E a distance of 435.6
feet thence N 89 degrees 4628" E a distance of 25 feet to the Point of Beginning.
AND
2424 Taylor Road
Lots 12 and 15, Plat of the Assessor's Subdivision of the Chilton Homestead as shown on map in
Map Book 3, Page 54 of the Public Records of Volusia County, Florida lying Westerly of the
Florida East Coast Railroad (Okeechobee Branch), except that part of Lot 12 comprising 2 acres
lying South of Taylor Road and being more particularly described as follows: Commence at the
Southeast comer of Lot 12 aforementioned, thence North 01 degrees 50 minutes 12 seconds
West along the East line said Lot 12 a distance of 263.03 feet for the Point of Beginning; thence
leaving said last mentioned line South 89 degrees 46 minutes 23 seconds West for a distance of
200 feet; thence North 01 degrees 50 minutes 10 seconds West and parallel to the East line of
said Lot 12 for a distance of 435.6 feet to the South line of Taylor Road a 50 foot Right -of -Way
as now laid; thence North 89 degrees 46 minutes 28 seconds East along the south line of Taylor
Road for a distance of 200 feet to the intersection with the East line of Lot 12 aforementioned;
thence along the East line of Lot 12 South 01 degrees 50 minutes 12 seconds East for a distance
of 435.6 feet to the Point of Beginning. Also excepting that part of Lot 12 in and Northwesterly
of Taylor Road (County Road) a 50 foot Right -of -Way as now laid out as measured 25 feet at
right angles from centerline of the existing pavement.
The above parcel being described as follows: A portion of Lots 12 and 15, Plat of the Assessor's
Subdivision of the Chilton Homestead as shown on Map Book 3, Page 54 of the Public Records
of Volusia County, Florida, being more particularly described as follows:
Beginning at the monumented Northwest corner of said Lot 15; thence North 87 degrees 52
minutes 35 seconds East along the North line of said Lot 15, a distance of 762.66 feet to the
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Instrument #201 81 61 061 46 Book:7582 Page:3840
Westerly right-of-way of the Florida East Coast Railway (Okeechobee Branch), a 100 foot
Right -of -Way now abandoned per that certain deed recorded in Official Records Book 1757,
Page 1701 of the Public Records of Volusia County, Florida; thence South 15 degrees 41 minute
13 seconds West along said Westerly right-of-way, a distance of 217.54 feet to the South line of
said Lot 15; thence South 87 degrees 52 minutes 35 seconds West a distance of 1104.52 feet;
thence North 02 degrees 13 minutes 03 seconds West a distance of 70.00 feet; thence South 87
degrees 52 minutes 35 seconds West a distance of 100 feet to the southwest comer of said Lot
12; thence North 02 degrees 13 minutes 03 seconds West along the West line of Lot 12, a
distance of 204.69 feet to the Southerly right-of-way of Taylor Road, an existing county
maintained Road having a 50 foot right -of way as now laid out; thence Northeasterly along a
curve, said curve being concave to the left, having a central angle of 36 degrees 16 minutes 47
seconds, a radius of 490 feet and an arc length of 310.27 feet; thence North 15 degrees 40
minutes 49 seconds East a distance of 96.00 feet to the PC of a curve, said curve being concave
to the right, having a central angle of 74 degrees 23 minutes 09 seconds, a radius of 150.00 feet
and an arc length of 194.74 feet; thence North 89 degrees 47 minutes 03 seconds East a distance
of 29.09 feet, thence South 01 degrees 53 minutes 10 seconds East a distance of 435.12 feet;
thence North 89 degrees 47 minutes 56 seconds East a distance of 199.73 feet to the East line of
said Lot 12; thence South 0ldegrees50minutes12 seconds East a distance of 55.06 feet to the
Point of Beginning.
Subject to a 25 foot easement described as follows:
Commence at the monumented Northwest comer of Lot 15; thence North 01 degrees 50 minutes
12 seconds West a distance of 54.03 feet; thence south 89 degrees -46 minutes 28 seconds West a
distance of 200.00 feet for the Point of Beginning; thence continue South 89 degrees 46 minutes
28 seconds West a distance of 25 feet; thence North 01 degrees so minutes 12 seconds West a
distance of 435.60 feet to the Southerly right-of-way of Taylor Road; thence North 89 degrees 46
minutes 28 seconds East along said Southerly right-of-way a distance of 25 feet; thence South 01
degrees 50 minutes 12 seconds East a distance of 435.60 feet to the Point of Beginning.
Containing 9.81± acres more or less and being in Volusia County, Florida
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Instrument #2018161061 #7 Book:7582 Page:3841 Laura E. Roth, Volusia County Clerk of Court
EXHIBIT "B"
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