2021-O-19 - 146 148 and 153 S Cory Drive RZ10/5/2021 2:13:51 PM Instrument #2021238974 #1 Book:8131 Page:4096
ORDINANCE NO. 2421-0-19
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3W (URBAN
SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL) FOR .95f ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 146, 148 & 153 SOUTH
CORY DRIVE, EDGEWATER, FLORIDA; AMENDING
THE OFFICIAL ZONING MAP OF THE CITY OF
EDGEWATER; PRQVIDING 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. Ernest V. and Gail LaCour, as the applicant on behalf of Ernest V. and Gail LaCour
and Charles Thomas Darby, owners of property located at 146, 148 and 153 South Cory
Drive, within Volusia County, Florida. Subject property contains approximately .95f acres.
2. The owner's agent has submitted an application for a change itt zoning
classification from County R-3W (Urban Single Family Residential) to City R-3 (Single
Family Residential) for the property described herein.
3. On August 11, 2021, 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 R-3W (Urban Single Family
Residential) to City R-3 (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.
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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 Councilwoman Power, with Second by Councilwoman
O'Keefe the vote on the first reading of this ordinance held on September 13, 2021, was as
follows:
Mayor Mike Thomas
AYE NAY
X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
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Aft�r Mation to approve by ''��L ��;�; :�'�} , Second by, �(``i ;�;'"t't�4;�''a'it;t�e
.`� : _�-�� 1 C�' . �
vot� on [lje second readingl�aUblic hearing of this ordin�nce helci on 't'�.�, 2021, was as
fallows:
Mayor Mike Tho�r�as
Councilwoman C1lristine 1'ower
C�u��cilwocnan Gigi Bennington
Cauncilwoman Megan Q'Keefe
CQuncilman Jonah Powers
AYE NAY
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PASSED AND DULY ADQPT'ED this� day �f ��-� , 2021.
AT`�'�ST: a,� .:,
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Bonnie Brown, CMC
City Clerk
COi1NCIL OF THE
CYTY OF EDGE'WATER, FLORIDA
�ar tE�e use and r�liance anly by the City of Appro�ed by the City Council of the
Ecf��water, Flarida. Approved as to form and City af Cd�ewater at a meeting held on
legality by: Aaron R. Walfe, Esquire this�ay of ��,�2021, undcr
City Attorney Agerld� Ttem No. $�,
Doran, Sims, Walfe & Yoon
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2021�0-19
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Instrument #2021238974 #5 Book:8131 Page:4100
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 1:
The Easterly 75 feet of the Westerly 1775 feet of Lot I, INDIAN HARBOR ESTATES, iJNIT NO. 5,
according to the plat thereof as recorded in Plat Boak 26, Page 18 of the Public Records of Volusia
County, Florida.
and part of Lot 1, DELLA VISTA, UNIT No. 3 described as follows:
Commence at the intersection of the Southerly line of Lot 1, DELLA VISTA UNIT NO. 3, as shown
on Map in Plat Book 9, Page 298 of the Public Records of Volusia County, Florida and the Easterly
R/W line of U.S. Highway No. 1; thence North 68°41' East, 1700 feet along the Southerly line of said
Lot 1, for the Point of Beginning; thence continue North b8°41' East, 75 feet along the Southerly line
of said Lot 1; thence North 16° 19' West, 124.9 feet; thence South 68°41' West, 75 feet; thence South
16°l9' East, 124.9 feet to the Point of Beginning; being part of said Lot l, DELLA VISTA iJNIT NO.
3. Said part also known as Lot 113 of Cory Estates Unrecorded Plat per OR 233, page 29 of the
Public Records of Volusia Counry Florida.
Tvgether with the right to use a 50 foot easement described as follows:
Commence at the intersection of the Southerly line of Lot 1, DELLA VISTA [JNIT NO. 3 per Plat
Book 9, Page 298 of the Public Records of Volusia County, Florida and the Easterly R/W line of U.S.
Highway No. 1; thence North 16° 19' %Vest, 149.9 feet along said Easterly R/W line for the Point of
Beginning; thence North 68°41' East, 425 feet; thence South 16° 19' East, 25 feet; thence North b8°41'
East, 1350 feet; thence North 16° 19' West, 50.19 feet; thence South 68°4l' West, 1299.81 feet; thence
North 16° 19' West, 25 feet; thence South b8°41 West, 475.19 feet to the Easterly R/W line of U. S.
Highway No. I; thence South 16°19' East, 50.19 feet along the said Easterly R/W line to the Point of
Beginning, being a part of said Lot 1, DELLA VISTA LJNIT NO. 3.
Parcel 2:
The Easterly 75 feet of the Westerly 185Q feet of Lot I, INDIAN HARBOR ESTATES UNIT NO. 5 as
shown on map in Plat Book 26, page 18, of the Public Records of Volusia County, Florida.
and part of Lot I, DELLA VISTA UNIT NO. 3 described as follows:
Commence at the intersection of the Southerly line of Lot l, BELLA VISTA UNIT NO. 3 as shown
on map in Plat Book 9, page 298 of the Public Records of Volusia County, Florida, and the Easterly
R/W line of U.S. Highway No. 1; thence North 68°41' East, 1775 feet along the Southerly line of said
Lot I for the Point of Beginning; thence continue North 68°41' East, 75 feet along the Southerly line
of said Lot 1; thence North 16° 19' West, 124.9 feet; thence South 68°41' West, 75 feet; thence South
16°19' East, 124.9 feet to the Point of Beginning, being part of said Lot 1, BELLA VISTA UNIT NO.
3. Together with the right to use a 50 foot easement described as follows:
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, Florida and the Easterly KM line of U.S.
Highway No. 1; thence North 15°19' West, 149.9 feet along the said Easterly IFUW line for the Point of
Beginning; thence North 68°41' East, 425 feet; thence South 16°19' East, 25 feet; thence North 68°41'
East, 1425 feet; thence North 16° l9' West, 50.19 feet; thence South 68°41' West, 1374.81 feet; thence
North 16°19' West, 25 feet; thence South 68°41' West, 475.19 feet to the Easterly R/W line of U.S.
Highway No. 1; thence South ]b°19' East, 50.19 feet along the said Easterly RAV line to the Point of
Beginning, being part of said Lot 1, BELLA VISTA L1NIT NO. 3.
Parcel 3:
Part of Lot I, BELLA VISTA UNIT NO. 3, described as follows:
Commence at the intersection of the Southerly line of Lot 1, BELLA VISTA UNIT N4. 3 as shown
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on map in Plat Book 9, page 298 of the Public Records of Volusia County, Florida, and the Easterly
R/W line of U.S. Highway No I; thence North 68°41' East, a distance of 1850 feet along the Southerly
line of said Lot 1 for the Point of Beginning; thence continue North 68°41' East a distance of 75 feet
along the Southerly line of said Lot 1; thence North 16°19' West, a distance of 124.9 feet; thence
South 68°41' West, a distance of 75 feet thence South 16° 19' East, a distance of 124.9 feet to the Point
of Beginning; and the Easterly 75 feet of the Westerly 1925 feet of Lot 1, INDIAN HARBOR
ESTATES UNIT NO. 5, as shown on map in Plat Book 26, page 18 of the Public Records of Volusia
County, Florida. Together with the right to use a 50 foot easement described as follows:
Commence at the intersection of the Southerly line of Lot 1: BELLA VISTA UN1T NO. 3. per Plat
Book 5. page 298, of the Public Records of Volusia County, Florida and the Easterly RAY line of U.S.
Highway No. 1; thence North 16°19' West, 149.9 feet along the said Easterly R/W line for the Point of
Beginning; thence North 68°41' East, 425 feet; thence South 16° 19' East, 25 feet; thence North 68041'
East, 1500.00 feet; thence North 16° l9 West. 50.19 feet; thence South 68°41' %Vest, 1449.81 feet;
thence North 16° l9' West, 25 feet; thence South 68°4l' West 475.19 feet to the Easterly R/W line of
U.S. Highway No. I; thence South 16°19 East, 50.19 feet along the said Easterly R/W line to the Point
of Beginning, being part of said Lot I, BELLA VISTA UNIT NO. 3.
This legal description includes any/all adjoining right-of-way relating to the subject property.
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202 L-O-19
Instrument #2021238974 #7 Book:8131 Page:4102 Laura E. Roth, Volusia County Clerk of Court
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