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2019-O-14 - 120 Godfrey Road RZ 7!1(/2019 9:54:49 AM Instrument#2019135651 #1 Book:7718 Page:3529 ORDINANCE NO.2019-0-14 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM COUNTY R4 (URBAN SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE FAMILY RESIDENTIAL) FOR .40t ACRES OF CERTAIN REAL PROPERTY LOCATED AT 120 GODFREY 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. Alfred and Luana Schmitz are the owners of property located at 120 Godfrey Road within Volusia County,Florida. Subject property contains approximately.40t acres. 2. The owners have submitted an application for a change in zoning classification from County R-3 (Urban Single Family Residential) to City R-3 (Single Family Residential) for the property described herein. 3. On May 8, 2019, 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 °StFia'w'Sr-ughpassages are deleted. l Underlined passages are added. 2019A13 Instrument#2019135651 #2 Book:7718 Page:3530 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 R-4(Urban Single Family Residential) to City R-3 (Single Family Residential), for the property described in Exhibits "Al'& 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. Strike#reagkpassages are deleted. 2 Underlined passages are added. 2019-0-13 Instrument#2019135651 #3 Book:7718 Page:3531 PARTE. 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 Councilwoman Power, with Second by Councilwoman O'Keefe,the vote on the first reading of this ordinance held on June 3,2019,was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Kimberley Yaney X Councilwoman Megan O'Keefe X Councilman Gary T. Conroy X 8444-Fgreughpassages are deleted. 3 Underlined passages are added. 2019-0.13 Instrument#201 91 356 51 #4 Book:7718 Page.3532 After Motion to approve by (D'* f with Second by CQ-T)t&nn3 cel the vote on the second reading/public hearing of this ordinance held on July 1,2019, was as follows: AYE NAY Mayor Mike Thomas \ Councilwoman Christine Power Councilwoman Kimberley Yaney Councilwoman Megan O'Keefe Councilman Gary T. Conroy PASSED AND DULY ADOPTED this day of July,2019. ATTEST: CITY COUNCIL OF THE CIT E F Robin BlatusickMike City Clerk/Paralegal May 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 1' day of legality by: Aaron R. Wolfe,Esquire July,2019, under Agenda Item No. 8 C City Attorney Doran, Sims, Wolfe, Ciowhetti & Yoon Striltet:;94ghpassages are deleted. 4 Underlined passages are added. 2019-0-13 Instrument#2019135651 #5 Book:7718 Page:3533 EXHIBIT"A" LEGAL DESCRIPTION Lots 32 and 33, Re-Subdivision of Waterway Park Sec 1, according to the Plat thereof as recorded in Plat Book 19,Page 269,of the Public Records of Volusia County, Florida. Containing.40f acres more or less and being in V olusia County,Florida Saik*t%Feaghpassages are deleted. 5 Underlined passages are added. 2019-0-13 Instrument#2019135651 #6 Book:7718 Page:3534 Laura E. Roth,Volusia County Clerk of Court �t 1` t 1 a ¢ E rHr 13th t ,t e baa c, l t e t 't 9 P u u 9 r � Sp d9 ® N N '^ vii 00 A O p L q C � N