2022-O-06 - 153 N Cory Drive RZ 5/4/2022 11:37:05 AM Instrument#2022105093#1 Book:8247 Page:3262
f 1
ORDINANCE NO.2022-0-06
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 153 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. Joseph Smith is owner of the property located at 153 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
from County R-3W (Urban Single Family Residential) to City R-3 (Single Family
Residential)for the property described herein.
3. On March 9, 2022, 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
Strike -passages are deleted. 1
Underlined passages are added.
2022-O-06
Instrument#2022105093#2 Book:8247 Page:3263
(40*01
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.
StFike thFough-passages are deleted. 2
Underlined passages are added.
2022-0-06
Instrument#2022105093#3 Book:8247 Page:3264
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 Councilman
Powers the vote on the first reading of this ordinance held on April 4,2022,was as follows:
AYE NAY
Mayor Mike Thomas Excused
1 Councilwoman Christine Power X r
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X — -
T
Councilman Jonah Powers X
Stwike-thFe+igJ,passages are deleted. 3
Underlined uassages are added.
2022-0-06
Instrument#2022105093#4 Book:8247 Page:3265
After Motion to approve by 1tY-Yl.11
Second by,t r11 Ilf'i O,j��cmc?Lr� ri�'�t rr-bLY1 the vote on the second
Ij
reading/public hearing of this ordinance held on ,2022, was as follows:
AYE NAY
Mayor Mike Thomas C
Councilwoman Christine Power
Councilwoman Gigi Bennington
Councilwoman Megan O'Keefe x
Councilman Jonah Powers X,
PASSED AND DULY ADOPTED this day of 2022.
%TTVSr, I� COUNCIL OF THE
CITY OF ED_G _ ATER,FLORIDA
Bonnie Zlotnt ,CMCMik s
City Clerk 1VMa
For the use and reliance only by the City of Edgewater,
Florida Approved as to form and legality by:
Aaron R.Wolfe,Esquire
City Attorney
Doran,Sims,Wolfe&Yoon
Approved by the Ci _Council of the City of Edgewater at a
meeting held on this IC day of MQA4
, 2022
under Agenda Item No 8_c_
StFik ;-passages are deleted. 4
Underlined passages are added.
2022-0-06
Instrument#2022105093#5 Book:8247 Page:3266
/00111\
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL 1: BEING ALSO THE EAST 1/2 OF PARCEL 28 AND ALL OF PARCEL 29, CORY
ESTATES, AS RECORDED IN OFFICIAL RECORDS BOOK 233, PAGE 29 OF THE PUBUC
RECORDS OF VOLUSIA COUNTY,FLORJDA,AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE NORTIIBRLY LINE OF LOT 3,
BELLA VISTA UNIT N0.2, PER MAP BOOK II, PAGE 164, PUBLIC RECORDS OF VOLUSIA
COUNTY, FLORIDA AND THE EASTERLY RIGHT-OF-WAY OF U.S. HIGHWAY NO. I, 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 2037.50 FEET TO TIIE POINT OF BEGINNING;
THENCE CONTINUE NORTH 6804P EAST,ADISTANCE OF 112.50 FEET;TIIENCE SOUTII 16° 19'
EAST A DISTANCE OF 124.9 FEET TO THE NORTHERLY LINE OF NORTH CORY DRIVE;
TIIENCE SOUTH 68°41'WEST ALONG SAID NORTHERLY LINE OF CORY DRIVE,A DISTANCE
OF 112.50 FEET; THENCE NORTH 16°19'WEST A DISTANCE OF 124.9 FEET TO IRE POJNT OF
BEGINNING.ALL LYJNG AND BEING A PART OF LOT 3,BELLA VISTA UNIT N0.2,AS SHOWN
ON THE MAP IN MAP BOOK 11,PAGE 164, OF TILE PUBLIC RECORDS OF VOLUSIA COUNTY,
FLORIDA. TOGETHER WITH THE RIGHT TO USE A PORTION OF SOUTH CORY DRIVE AND
NORID CORY DRIVE AS RECORDED IN CORY ESTATES PER OFFICIAL RECORDS BOOK 233,
PAGE 29, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, HERRINAFTER MORE
PARTICULARLY'DESCRIDED AS FOLLOWS: A PORTION OF SOUTH CORY DRIVE PER CORY
ESTATES AS RECORDED IN OFFICIAL RECORDS BOOK 233, PAGE 29, OF THE PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA. COMMENCE AT TILE INTERSECTION OF THE
NORTIIERL Y LINE OF LOT 3,BELLA VISTA UNIT NO.2,PER MAP BOOK 11,PAGE 164 OF TIIB
PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA, AND THE EASTERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY NO.I , THENCE SOUTH 16°19' EAST A DISTANCE OF 399.90 FEET
/ ALONG THE SAJD EASTERLY RIGHT-OF-WAY LINE FOR THE POINT OF BEGINNING;
TUBNCE NORTH 68041' EAST A DISTANCE OF 425 FEET; THENCE NORTH 16°19' WEST A
DISTANCE OF 275 FEET; THENCE NORTH 68°41' EAST A DISTANCE OF 2225 FEET TO THE
WESTERLY LINE OF EAST CORY DRIVE;THENCE SOUTH 16° 19'EAST A DISTANCE OF 50.19
FEET ALONG SAID WESTERLY LINE OF EAST CORY DRIVE,THENCE SOUTH 68`41'WEST A
DISTANCE OF 2175FEET; THENCE SOUTH 16°19'EAST A DISTANCE OF 299.99 FEET; THENCE
SOUTH 68°41'WEST A DISTANCE OF 50.19 FEET; THENCE NORTH 16°19' WEST A DISTANCE
OF 25 FEET;THENCE SOUTH 68°41'WEST A DISTANCE OF 425 FEET; THENCE NORTH J6019'
WEST,A DISTANCE OF 50.19 FEET TO THE POINT OF BEGINNING. ALL LYING AND BEING A
PART OF LOT I, BELLA VISTA UNIT 3, AS SHOWN ON MAP IN MAP BOOK 9, PAGE 298, OF
THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA AND LOT 3,BELLA VISTA 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.
Strike passages are deleted. 5
Underlined passages are added.
2022-0-06
Instrument#2022105093#6 Book:8247 Page:3267 Laura E. Roth,Volusia County Clerk of Court
i i-
i i
I
i
i -
(I
i
i
i
i
i
i
i
i
Q4
z u
i
I
I '
I
I v
W � R
I H
a
'a �o
� o
O
� N
N