2021-O-05 - 166 and 168 E Cory Drive CPAURDINANCE N4. 2021-O-OS
AN QRDINANCE OF THE CITY 4F EDGEWATER
AMENDING THE CUMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE IYIAP' FROM VULUSIA C4UNTY URBAN LOW
INTENSITY TO CITY LUW DENSITY RESIDENTIAL
FCiR 1.42t ACRES 4F CERTAIN REAL PROPERTY
LUCATED AT 165 & 168 EAST CORY DRIVE,
E D G E W A T E R, FLQRIDA; PROVIDING FOR PUBLIC
HEARINGS, FINDINGS OF CUNSISTENCY; PROVIDING
FUR CONFLICTING PRUVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Joshua C. Wells, applicant, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property [ocated at l66 and 168 East Cory
Drive, within Volusia County, Florida as Low Density Residential. Subject property contains
approximately 1.42� acres.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Pianning
Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat., on Wednesday, April l4, 2021,
and by a vote af 6-0 recammended that the City Cauncil approve the proposed Plan Amendrnent;
W�IEREAS, the City Council feels it is in the best interests of the citizens of the
City of Edgewater to amend its Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY TIiE CITY COUNCIL OF TIiE
CITY OF EDGEWATER, FLQRIDA:
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PART A. AMENDMENT.
Ordinance No. 81-0-10, as amended and supptemented, adopting the Carnprehensive
Plan of the City af Edgewater, Florida, regulating and restricting the use of lands located
within the City af Edgewater, Florida, shall be amended to include praperty described in
Exhibits "A" and "B" vn the Future Land Use Map as Low Density Residentiat.
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Cauncil to consider adoption of
this ordinance on May 3, 2021, at 6:00 p.rn. in the City Council Charnbers at City Hall, 104 N.
Riverside Drive, Florida, after natice published at least 10 days prior to hearing is deemed to
comply with 163.3184, Fla. Stat.
PART C. CONFLICTING PRUVISIUNS.
Ali ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such canflict.
PART D. EFFECTIVE DATE.
The effective date of this plan amendrnent, if the amendment is not timely challenged,
shatl be 31 days after the state land pEanning agency notifies the local goverrtment that the plan
amendment package is comptete. If timely challenged, this amendment shall become effective
an the date the state land pianning agency or the Adrninistration Commission enters a final order
determining this adopted amendment to be in compliance. No development orders, development
permits, or land uses dependent on this amendment may be issued or commence before it has
become effective. If a final order of noncompliance is issued by the Administration Commission,
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2021-O-OS
95
this amendment may nevertheless be made effective by adoption of a resolution affirrning its
effective status, a copy of which resolutian shall be sent to the state land p(anning agency. The
amendment shall also not be effective until certification is received fram the Valusia
Growth Management Carnmission.
PART E. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is far any reason held or declared to be unconstitutional,
inoperative, or void, such halding shall not affect the remaining portians of this ordinance. If
this ordinance or any provisions thereof shalt be heid to be inapplicable ta any person, property,
or circumstance, such holding shal( not affect its applicability to any other person, with
property, or circumstance.
PART F. ADOPTIUN.
After Niotion to approve by Caunciiwoman Pawer, with Second by Counci(woman
Bennin on, the vote on the first reading of this ordinance held an May 3, 2021, was as foltows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Cauncilman Jonah Powers X
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EXHIBIT "A"
LEGAL DESCRIPTIUN
PARCEL l: Parcel IOQI Cory Estates, per Official Records Baok 233, Page 29, Public Records of
Volusia County, Florida, and Lot 1, excepting therefrom the Westerly 2bS0 feet af said Lat l, Indian
Harbor Estates Unit No. 5, accarding to map recorded in Map Book 261 Page 18, af the Fublic Recards
of Volusia County, Florida, all being more particularly described as follows:
As a point of reference commence at the South line of Lot 1, Bella Vista Unit Na. 3, according to map in
Map Book 9, Page 298, of the Public Records of Volusia Caunty, Ftorida and the Easterly RIW line of
U.S. Highway No. t; thence North 68 degrees 41 minutes 00 seconds East along the said South line af
said Lot I, Beila Vista Unit No. 3, said line also being described as the Narth line of Lot 1, Indian Harbor
Estates Unit No. 5, a distance of 2650.d0 feet for the POINT OF BEGINNING;
thence Narth 16 degrees 19 minutes 00 seconds West, a distance of 4.90 feet; thence North 68 degrees 41
minutes 00 seconds East, a distance af 50.19 feet to the Easterly line af East Cory Drive, a 50 foot R1W as
now laid aut; thence North 16 degrees 19 minutes 00 seconds West, along said Easterly line, a distance af
90.00 feet to the Northwesterly corner of said Parcel 100; thence North 68 degrees 4l minutes OQ seconds
East, along the Northerly line of Parcel 1001 a distance of 161.60 feet to the Nartheast corner af said
Parcel 100; thence South 24 degrees 40 minutes Q7 secands East, along the Easterly line of Parcel 100,
said line also being the Easterly line of Bella Vista Unit No. 3 t a distance of 94.71 feet to the Southeast
corner of said Parcel ] 00; thence North 68 degrees 41 minutes 00 seconds East along the Nartherly line af
said Lot 1, Indian Harbor Estates Unit No. 5, a distance of 321.00 feet to the platted Easterly line af said
Lot 1; thence South 29 degrees 59 minutes 3S secands East alang the Easterly line of said Lot l, a
distance af 5039 feet to the Sautheast corner of said Lot 1; thence South 68 degrees 4i minutes 00
seconds West atong the Southerly line of said Lat 1 I a distance of 558.56 feet to a point that is 2650 feet
Easterly of the Westerly line of Lot 1; thence North l6 degrees 19 minutes 00 seconds West, a distance af
50.00 feet to the PC}INT OF BEGINNING.
PARCEL N: A parcel af land being a portion of ll.S. Lot 2, Section 12, Tawnship 18 South, Range 34
East, lying Easterly of Parcel lOQ as shown an Plat of Survey af Cory Estates which is recarded in
Official Records Baok 233, Page 29, of the Public Records af Volusia County, Florida and being more
particularly described as follows:
Commence at the intersection of the South line of Lot 1, BELLA VISTA UNIT NO. 3, according to the
map in Map Baok 9, Page 298 af the PubCic Records of Volusia County, Florida and the Easterly right of
way af U.S. Highway No. l; thence North 68 degrees 41 minutes OQ seconds East along the South line of
Lot 1, BELLA VISTA LJNIT NO. 3 a distance of 2650.00 feet; thence North 16 degrees 19 minutes 00
seconds West a distance of 4.90 feet; thence North 68 degees 41 minutes 00 secands East a distance af
SO.l9 feet ta the Easterly line of East Cory Drive, a 50 foat Right of Way as now laid out; thence North
16 degrees 19 minutes OQ seconds West along said Easterly line a distance of 94.00 feet to the Northwest
corner of said Parcet 100; thence Narth 68 degrees 41 minutes 00 secands West a distance of 270.6Q feet
mare or less to the waterward boundary line as of July l, 1975 and for the Paint of Beginning; thence
Sauth 44 degrees 59 minutes 16 seconds East a distance of 0.44 feet; thence North 6Q degrees 36 minutes
37 secands East a distance of 1.97 feet; thence South 52 degrees 20 minutes l2 seconds East a distance of
9.21 feet; thence South 22 degrees 01 minutes 15 seconds East a distance af 13.09 feet; thence South 03
degrees 27 minutes 38 seconds East a distance of 6.98 feet; thence North 87 degrees 00 minutes 31
seconds West a distance of 3.31 feet; thence South 88 degrees 16 minutes 35 seconds West a distance of
4.67 feet; thence South 86 degrees 32 minutes 23 seconds West a distance of 11.20 feet; thence South 7b
degrees 27 minutes 06 secands West a distance of 14.61 feet; thence South 64 degrees 46 minutes 55
secands West a distance of 15.28 feet; thence South 61 degrees 03 minutes 21 seconds West a distance of
1 I.41 feet; thence South 6� degrees 42 minutes 10 seconds West a distance of 2090 feet; thence Sauth 80
degrees 41 minutes 43 secands West a distance af 5.56 feet; thence Sauth 81 degrees 38 minutes 25
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seconds West a distance af 8.39 feet; thence South 6l degrees S8 minutes 36 seconds West a distance of
18.32 feet; thence South 03 degrees 42 minutes 53 seconds West a distance of 3.89 feet to the Easterly
tine of said Parcel 100; thence North 24 degrees 40 minutes 07 seconds West along said Easterty line a
distance of 22.72 feet to the Northeast carner of said Parcel 10U; thence Narth 68 degrees 41 minutes QO
seconds East a distance of 109.00 feet more or less ta the Point of Beginning.
PARCEL S: A parcel of land being a portion of U.S. Lot 21 Section t2, Tawnship 18 South, Range 34
East, lying Easterly af Parcei 1Q0 as shawn on Ptat of Survey of Cory Estates which is recorded in
Officiat Records Book 2331 Page 29, of the Public Records of Volusia County, Florida and being mare
particularly described as fallaws:
Commence at the intersection of the South line of Lot 11 BELLA VISTA UNIT NO. 3, according to map
in Map Book 9, Page 298 af the Public Records of Volusia County, Flarida and the Easterly Right of Way
of U.S. Highway No. 1; thence North 68 degrees 41 minutes 00 seconds East along the South line of Lot
11 BELLA VISTA UNIT NO. 31 a distance of 2654.00 feet; thence North 16 degees 19 minutes 00
seconds West a distance of 4.90 feet; thence North 68 degrees 41 minutes OQ seconds East a distance af
50.19 feet to the Easterly line of East Cory Drive, a 50 faot Right af Way as now taid out; thence North
16 degrees 19 minutes 00 seconds West alang said Easterly tine a distance of 90.00 feet ta the Northwest
corner of said Parcel 100; thence North 68 degrees 41 minutes Od seconds East along the Northerly line of
said Parcel 104 a distance of 161.60 feet to the Northeast corner of Farcel I00; thence South 24 degrees
40 minutes Q7 seconds East along the Easterly line af said Parcel 100 a distance of 94.71 feet ta the
Southeast corrrer af said Parcei lOQ and for the Paint of Beginning; thence Narth 24 degrees 40 minutes
07 seconds West along the Easterly line of said Parcel 100 a distance af 21.27 feet; ta a paint on the
waterward boundary line as of July 1, 1975; thence Narth 79 degrees 51 minutes 27 seconds East a
distance of 13.76 feet; thence North 09 degrees 40 minutes d4 seconds West a distance of 4.25 feet;
thence North 54 degrees 22 minutes 59 secands East a distance of 4.17 feet; thence North 71 degrees 56
minutes 47 seconds East a distance of 43.5 I feet; thence North 6b degrees 40 minutes 39 seconds East a
distance af 24.28 feet; thence North 80 degrees 34 rninutes 09 seconds East a distance af 3.19 feet; thence
Narth $3 degrees 5$ minutes 14 secands East a distance of 5.45 feet; thence Sauth 65 degrees 50 minutes
S3 secands East a distance af 5.34 feet; thence Sauth 16 degrees 58 minutes 56 seconds East a distance of
16.28 feet to the North line of said Lot l, INDIAN HARBOR ESTATES LTNIT AIO. 5; thence Sauth b8
degrees 41 minutes 00 seconds West along said Northerly line a distance af 95.75 feet to the Point of
Beginning.
And:
Parce199 per plat of survey of Cary Estates, which is recorded in Official Records Book 233, page 29 of
the Pubtic Recards of Volusia County, Florida;
Commence at the intersection of the Northerly line of Lot 3, Belta Vista Unit No. 2 per Plat Book 1 l,
Page 164 of the Public Records of Volusia County, Florida, and the Easterly RIW line of U.S. Highway
No. l; thence N 68°41'00" E, a distance of 2700.19 feet along the Nartherly line of said Lot 3; thence S
16°19'00" E, a distance of 415.10 feet for the POINT OF BEGINNING; thence continue S i6°l9'00" E, a
distance af 90.00 feet; thence N b8°41',UO" E, a distance of 161.6 feet; thence N 24°41'00" W, a distance
of 37.41 feet; thence N 33°09'40" W, a distance of 53.45 feet; thence S 68°41'00" W, a distance of 140.5
feet to the Point of Beginning. Being part of Lot 1, Bella Vista Unit No. 3 per Plat Book 9, Page 298 of
the Public Records of Volusia County, Florida.
Together with the right to use a 50 foot easement known as South Cory Drive and East Cory Drive
described as follaws; Commence at the intersection of the southerly line of Lot 1, Bella Vista Unit No. 3
per Plat Book 9, Page 298 of the Public Records of Volusia County, Flarida, and the Easterly R/W line of
U.S. Highway No. l; thence N 16°19'00" W, a distance af 149.9 feet far the P4INT C}F BEGINNING;
thence N 68°4l'00" E, a distance of 425.00 feet; thence S 16° 19`00" E, a distance of 25.00 feet; thence N
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