2021-O-44 - 155 N Cory Drive RZ 12/7/2021 3:16:49 PM Instrument#2021292527#1 Book:8167 Page:3227
ORDINANCE NO.2021-0-44
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3W (URBAN
SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL) FOR .32f ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 155 N. CORY DR.,
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. Charles Lynch Jr. and Dawn Lynch are owners of property located at 155 N. Cory
Drive,within Volusia County, Florida. Subject property contains approximately .32t acres.
2. The owners have submitted an application for a change in zoning classification
fes.
from County R-3W (Urban Single Family Residential) to City R-3 (Single Family
Residential)for the property described herein.
3. On October 13, 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.
b. 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
S Ise tlwee g -passages are deleted. 1
Underlined passages are added.
2021-0-44
Instrument#2021292527#2 Book:8167 Page:3228
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.
Shippassages are deleted. 2
Underlined passages are added.
2021-0-44
Instrument#2021292527#3 Book:8167 Page:3229
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 O'Keefe, with Second by Councilman
Powers the vote on the first reading of this ordinance held on November 1, 2021, was as
follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X - --
Councilman Jonah Powers X
5-4-ilee thFaugh-passages are deleted. 3
Underlined passages are added.
2021-0-44
Instrument#2021292527#4 Book:8167 Page:3230
After Motion to approve by (ainalty-fryIX's 1 S _A
Second by,l:cQl I X10~ !� �, �` [ D 1 p the vote on the second
reading/public hearing of this ordinance held onj�Cb c, I tPA ,2021, was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Gigi Bennington �C
Councilwoman Megan O'Keefe
Councilman Jonah Powers k
v
PASD:ANPT,ULY ADOPTED this day of 2021.
eJJ L`? V
; ES"i 0) � . � COUNCIL OF THE
n
CITY OF EDGEW T FLORIDA
y: i
Bonnie Brown,CMC Mike
City Clerk ayor
For the use and reliance only by the City of Approved by the City Council of the
Edgewater, Florida. Approved as to form and City of Edgewater at a meeting held on
legality by: Aaron R. Wolfe, Esquire thisLLVday of 1:)eC �2021, under
City Attorney Agenda Item No. 8C.
Doran, Sims, Wolfe&Yoon
e'"1
eiYiUthrough-passages are deleted. 4
Underlined passages are added.
2021-0-44
Instrument#2021292527#5 Book:8167 Page:3231
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 30 and the West 1/2 of Parcel 31, Cory Estates,as recorded in Official Records Book 233,
Page 29, of the Public Records of Volusia County,Florida and being more particularly described
as follows:
Commence at the intersection of the Northerly line of Lot 3, Plat of Bella Vista Subdivision Unit
No. 2, per Map Book 11, Page 164, Public Records of Volusia County, Florida and the Easterly
right-of-way of U.S. Highway No. 1, a 158 foot right-of-way as now laid out; thence North 68°
41'East along said Northerly line of Lot 3, a distance of 2150.00 feet for the point of beginning;
thence continue North 680 41'East a distance of 112.50 feet;thence South 160 19'East a distance
of 124.9 feet to the Northerly line of North Cory drive; thence South 68° 41' West along said
Northerly line of Cory Dr., a distance of 112.50 feet, thence North 160 19' West a distance of
124.9 feet to the point of beginning, all lying and being a part of Lot 3, Plat of Bella Vista
Subdivision Unit No. 2, as shown on map in Map Book 11, Page 164 of the Public Records of
Volusia County,Florida.
This legal description includes any/all adjoining right-of-way relating to the subject property.
l� S;a-ce thFough-passages are deleted. 5
Underlined passages are added.
2021-0-44
Instrument#2021292527#6 Book:8167 Page:3232 Laura E. Roth,Volusia County Clerk of Court
�j
1.4
EGOry�
(~
W �
C
1 � m
Zo
u
y
A ,
Q y
bq
n.
fi
N
N
� N
A
r� N