The URL can be used to link to this page

2021-O-18 - 146 148 and 153 S Cory Drive CPAORDINANCE NU. 2021-U-18 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE CUMPREHENSIVE PLAN, AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM VOLUSIA COUNTY URBAN LOW INTENSITY T4 CITY LOW DENSITY RESIDENTIAL F OR .95� ACRES UF CERTAIN REAL PROPERTY LOCATED AT 146, 148 & 153 SUUTH CORY DRIVE, E D G E W A T E R, FLORIDA; PROVIDING FOR PUBLIC HEARINGS, FINDINGS UF CONSISTENCY; PROVIDING FOR CUNFLICTING PRUVISIUNS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Ernest V. and Gail LaCour, applicant, has applied for an amendment to the Comprehensive Plan Future Land Use Map to include property located at 146, 14$ and 153 South Cory Drive, within Valusia Caunty, Florida as Low Density Residential. Subject praperty cantains approximately .45t acres. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held a Public Hearing pursuant to 163.31'74, F]a. Stat., on Wednesday, August 11, 2021, and by a vote of 5•0 recornmended that the City Council approve the proposed Plan Amendment; WHEREAS, 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 THE CITY C4UNCIL OF THE CITY OF EDGEWATER, FLORIDA: S�i�ke-E#�e�g�-passages are deleted. Undertined passages are added. 2021-0-18 PART A. AMENDMENT. Ordinance No. 81-0-10, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and resEricting the use of lands located within the City af Edgewater, Florida, shall 6e amended to include property described in Exhibits "A" and "B" an the Future Land Use Map as Low Density Residential. PART B. PUBLIC IiEARINGS. It is hereby faund that a public hearing held by the City Council to consider adoptian of this ordinance on Octaber 4, 2021, at b:QO p.m. in the City Council Chambers at City Hall, 104 N. Riverside Drive, Florida, after natice published at least 10 days prior to hearing is deemed to comply with I63.3I84, Fla. Stat. PART C. CONFLICTING PROVISIONS. All ardinances and resolutions, or parts thereof that are in canflict with this ordinance, are herehy superseded by this ordinance to the extent of such conflict. The effective date of this plan amendment, if the amendment is not timely challenged, shalI be 31 days after the state land planning agency notifies the local government that the plan amendrnent package is complete. if timely challenged, this amendment shali become effective on the date the state land planning agency or the Administration Cornmission enters a final order determining this adapted amendment to be in compliance. No develapment arders, development permits, or land uses dependent on this amendment may be issued ar commence before it has become effective. If a final order of noncotnpliance is issued by the Administration Cammission, S#�lce-El�eettgl�-passages are deteted. 2 Underlined passages are added. 2Q21-O-18 this amendment may nevertheless be made effective by adoption af a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. The amendment shall also not be effective until certifcation is received from the Votusia Growth Management Commission. PART E. SEVERABILITY AND APPLICABILITY. If any portion af this ordinance is for any reason held or declared to be unconstitutional, inaperative, or void, such holding shall not affect the remaining partions af this ordinance. If this ardinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its app(icability to any other person, with praperty, or circumstance. PART F. ADOPTI4N. After Motian to approve by Counci(woman Power, with Second by Councilwoman O'Keefe the vote on the first reading of this ordinance held on September 13, 2021, was as fal(ows: Mayor Mike Thamas Councilwoman Christine Pawer Councilwoman Gigi Bennington Councilwoman Megan C}'Keefe Councilrnan Jonah Powers £�=�e-t��re�g�-passages are deleted. 3 Underlined passages are added. 2021-0-18 AYE NAY X X X X X Ai�e�� f�it�tic��'t�a �}��i`ove by. . �� R��,�'a`��.�. §�'�g�� ct�rt�' l��x, � � �.¢��i��`°��s�"�.r'� tl�e �� " . t r��t� c��7 �1�� se�ci�� t°��it��C�u�i9ic ��ar�n� cr�`tlli� �ar�iin�n�� 1a�1�I �rt `��.°� ��. ?C��?1,, ��^a� as ��Ilc��=s; �i�'T" �d�A,Y Nf�y�ar� l��i�:� �E�"hc��7as Cc��rr�cilwr�n��rt Cl�ristirl�: i'c�avet` �: �"c��c:ilw�rin�Ei �"ri�;i i3�i��i��e��z � Cc��i��ilr,��r��ry �vT��a�ry �`I��e�'� �: Cc��.��i1��a�r J�t1�l� F'�w�rs � � �'A�� A�t� tIULY �I�{�PTEU this��d�v �t` ��.�" . ?�`� 1. � ��` ��:b� � ,� � � � ,. � , . �� , : ti � ��s�� . . . ��4 , � �� , t� `� �� x , � � T�can��i+� �rc��vtr, C��'I� �i�ty� �l�x-�� +�f��.i�+i+��l� C�F��'l�i� +�ITY (�F E��AT�R. �'L�I�I�A F�r kf��; �as� ��+� reliac�c� �t�ly �ay the Ci:�y �«�' A��r�iv�� by tl�c� �"ity �t�l�r��il �i tl�� E;t�gc�wal��r, �A1c��°ic��. /Ap}�rc�v��l �s t� �'�rtn ��nd ��y c�f Ed�cwat�r ai a�tleetirl� h�lc� t�� le��lity k�y: r'��c�t� �. V�la�l�e, �.s�uire t�is��lay t��' �`� *�C72�, «na��r C``ity ,�ttc�ra��v �.�c:nc�a lEe�i�t �Cc�. �i , �w�araiz; �irtqs; �'c�[f`� & `�'ca�sn �;:.,r,a.G,w„�.r,�. ��s��s ��°� de9�t�r�. =� [:�ncf�r�lin�.ti }��ssa��es �re �dd��. "?t9� � -£?- l � EXI�IBIT "A" LEGAL DESCRIPTI(}N Parcel 1: The Easterly 75 feet of the Westerly I?'75 feet of Lot I, INDIAN HARBOR ESTATES, LJNIT NO. 5, according to the plat thereof as recarded in Plat Book 26, Page 18 of the Pubiic Records of Volusia Caunty, Florida. and part of Lat 1, DELLA VISTA, LJNIT No. 3 described as follows: Cammence 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 af the Public Records of Volusia County, Florida and the Easterly R1W line af U.S. Highway No. 1; thence North 6$°41' East, 1700 feet along the Southerly line of said Lat l, for the Point of Beginning; thence continue North 6$°41' East, 75 feet along the Sautherly line of said Lot 1; thence North 16°19' West, 124.9 feet; thence South 68°41' West, �5 feet; thence South 16°19' East, 124.9 feet to the Point af Beginning; being part of said Lot l, DELLA VISTA LJNIT N(.�. 3. Said part atso known as Lot 113 of Cory Estates Unrecorded Piat per �R 233, page 29 of the Public Records of Volusia County Florida. Together with the right to use a SU faot easement described as follows: Commence at the intersection of the Southerly line of Lat 1, DELLA VISTA LTNIT NO. 3 per Plat Book 9, Page 298 of the Public Records of Volusia County, Florida and the Easterly R/W line af U.S. Highway No. 1; thence North 16°19' %Vest, 149.9 feet atang said Easterly R/W line for the Paint of Beginning; thence Narth 6$°41' East, 425 feet; thence South 16° 19' East, 25 feet; thence Narth 68°4I' East, 1350 feet; thence North I6°19' West, 50.19 feet; thence South b8°41' West, 1299.81 feet; thence North 16° 14' West, 25 feet; thence Sauth 68°41 West, 475.19 feet ta the Easterly R/W line of U. S. Highway No. I; thence South 16°19' East, 50.19 feet along the said Easterly R1W line to the Point of Beginning, being a part of said Lot 1, DELLA VISTA UNIT NO. 3. Parcel 2: The Easterly 75 feet of the Westerly 1850 feet of Lot I, INDIAN HARBC?R ESTATES LTNIT NO. 5 as shown an 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: Carnmence at the intersection af the Sautherly line af Lot 1, BELLA VISTA UNIT NO. 3 as shown an map in Plat Baok 4, page 298 of the Public Records of Vo(usia 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, 7S 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 af Beginning, being part of said Lot l, BELLA VISTA LINIT NO. 3. Together with the right to use a 50 foot easement described as follows: Commence at the intersectian of the Sautherly line of Lot 1, BELLA VISTA UNIT NC?. 3 per Plat Book 9, page 298 af the Public Records af Valusia County, Florida and the Easterly KM line of U.S. Highway No. 1; thence Narth 16°19' West, 149.9 feet along the said Easterly IFUW line for the Point af 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°19' Vliest, 50.19 feet; thence South 68°41' West, 1374.81 feet; thence North 16°19' West, 25 feet; thence South 68°4]' West, 475.19 feet to the Easterly R/W line af U.S. Highway No. 1; thence South 16°19` East, 50.19 feet along the said Easterly RAV line to the Point of Beginning, being part of said Lot l, BELLA VISTA UNIT N4. 3. Parcel 3: Part of Lot I, BELLA VISTA UNIT NO. 3, described as fotlows: Commence at the intersection of the Southerly line of Lot l, BELLA VISTA UNIT NO. 3 as shawn S�te�Erpassages are deleted. 5 Underiined passages are added. 202 I -0-18 on map in Plat Book 9, page 298 of the PubIic Records of Valusia Caunty, Florida, and the Easterly R1W tine of U.S. Highway No I; thence North 68°41' East, a distance of 185Q feet along the Southerly line of said Lat 1 far the Paint of Beginning; thence continue North b8°4l' East a distance af'75 feet along the Southerly line of said Lot 1; thence North 16° 14' West, a distance of 124.9 feet; thence South 68°41' West, a distance of ?5 feet thence South 16° 19' East, a distance of I24.9 feet ta the Point of Beginning; and the Easterly 15 feet af the Westerly 1925 feet of Lat 1, INDIAN HARBOR ESTATES UNIT NO. 5, as shown on map in Plat Book 2b, page 18 of the Public Records af Volusia County, Flarida. Together with the right to use a 50 foat easement described as fallows: Commence at the intersection af the Southerly line of Lot 1: BELLA VISTA UNIT 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 alang the said Easterly R1W line for the Foint of Beginning; thence North 68°41' East, 425 feet; thence South 1 b° l9' East, 25 feet; thence North 68041' East, 150Q.00 feet; thence North 16°19 West. 50.14 feet; thence South 68°4l' %Vest, 1449.81 feet; thence Narth lb°t9' West, 25 feet; thence South 68°41' West 475.19 feet ta the Easterly R/W tine of U.S. Highway No. 1; thence Sauth 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 CJNIT NQ. 3. This legal description inctudes any/all adjoining right-of-way relating to the subject property. S�1ee-t�i�e�#�-passages are deleted. Underlined passages are added. 2d21-O-18 wa �, �� - �� 4 ;� �., ,, ¢< �� ,; °� � , ti , � � �'� � h � � �� . , �.�-� � � a �f , � � _� , � �, , _..� � , � , t,....,... � r,... . ... ......... ..�� .... � .......� . �: i� .... .... .. � � . .......... �i � � ��r,. ...... k kt � � � . . ..... t ^� , �F � E i ..: � , � ��: �"� , ��; �� "� �"*�� `� �� *�..� �. w . � `� �'°'' � °� �� * � � ; � . .... . .. . �� ....... � �� . . ........ „�.� ��: �... .. . � � 91. �.� . . . ,w. :'�« ,.w ��'"'�.� . . �� ..�- . • � . .. . ...... , .. � . �. � """�� . q � � . . _......... y �� . � � �m. < " S � . ... . . . .. l � � �, �. .. ��... . . . . °% � �� . �, a i 'a r —�� w � :' . � . ........ a.: . � � . . "g.. ..... � . ro�.. . c .,�+�. . . . � .... ;�„:.,,..�.- .. M� . . . v. . � . . . .... . .......... ...... � . � . ,�..�� - . . i. . . � ,.r -r� ,.. � .. =z . . _. _.. .�p,, �� . . 4: .. � �.. „ _ � , " +^ r�. .... .. . ..... ... ... �'" � . ��,.: 4;�:,�i �,r a ,,.�... . ��.a., ;. � "�. � u � � � � .... . q, -'�.-.. � fl.. c .: !.' ;�.i . . " 'R.. . � ra .� �., �. dAa S � ��cSi.tY�lat7 Y.� s %' �'�K, {t t--