2022-O-05 - 153 N Cory Drive CPA /OM,61
ORDINANCE NO.2022-0-05
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS
AMENDED, BY AMENDING THE OFFICIAL FUTURE
LAND USE MAP FROM VOLUSIA COUNTY URBAN LOW
INTENSITY TO CITY LOW DENSITY RESIDENTIAL
FOR .321 ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 153 N. CORY DRIVE, EDGEWATER,
FLORIDA; PROVIDING FOR PUBLIC HEARINGS,
FINDINGS OF CONSISTENCY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Joseph Smith, applicant, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located at 153 N. Cory Drive,
within Volusia County, Florida as Low Density Residential. Subject property contains
approximately .32f acres.
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat., on Wednesday, March 9, 2022,
and recommended 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 COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA:
PART A. AMENDMENT.
Ordinance No. 81-0-10, as amended and supplemented, adopting the Comprehensive
Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located
within the City of Edgewater, Florida, shall be amended to include property described in
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2022-0-05
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Exhibits "A" and "B"on the Future Land Use Map as Low Density Residential.
PART B. PUBLIC HEARINGS.
It is hereby found that a public hearing held by the City Council to consider adoption of
this ordinance on May 2, 2022,at 6:00 p.m. in the City Council Chambers at City Hall, 104 N.
Riverside Drive,Florida,after notice published at least 10 days prior to hearing is deemed to
comply with 163.3184,Fla. Stat.
PART C. CONFLICTING PROVISIONS.
All ordinances and resolutions, or parts thereof that are in conflict with this ordinance, are
hereby superseded by this ordinance to the extent of such conflict.
PART D. EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall be 31 days after the state land planning agency notifies the local government that the plan
amendment package is complete. If timely challenged, this amendment shall become effective
on the date the state land planning agency or the Administration 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,
this amendment may nevertheless be made effective by adoption of 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 certification is received from the Volusia
Growth Management Commission.
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2022-0-05
P'00'\
PART E. 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 circumstance, such holding shall not affect its applicability to any other person, with
property,or circumstance.
PART F. ADOPTION.
After Motion to approve by Councilwoman Power, with Second by Councilwoman
Bennington, the vote on the first reading of this ordinance held on April 4,2022, was as follows:
AYE NAY
Mayor Mike Thomas Excused
Councilwoman Christine Power X r ,
Councilwoman Gigi Bennington X
Councilwoman Megan O'Keefe X
Councilman Jonah Powers X
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2022-o-0s
After Motion to approve by `i-(Y t1 , Second by, a,`Y=Arm(-.-the
�, r=,
vote on the second reacling/putl
blic hearing of this ordinance held on . , 2022, was as
_J
follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power �(
Councilwoman Gigi Bennington
Councilwoman tMegan O'Keefe X
Councilman Jonah Powers Y
PASSED AND DULY ADOPTED this2 a y of 2022.
40
*TTEST: '�� COUNCIL OF THE
"r V CITLOF D ATER,FLARIDA
By: .
Bonnie Zldtnik, C �Nayor
City Clerk
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 City Council of the City of Edgewater at a
meeting held on this�day of ,2022
under Agenda Item No gi---,L—
?0*41
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2022-0-05
EXHIBIT"A"
LEGAL DESCRIPTION
PARCEL l: BEING ALSO THE EAST 112 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 THE POINT OF
BEGINNING;THENCE CONTINUE NORTH 68041'EAST,ADISTANCE OF 112.50 FEET;TIIENCE
SOUTH 160 19' EAST A DISTANCE OF 124.9 FEET TO THE NORTHERLY LINE OF NORTH
CORY DRIVE; THENCE SOUTH 68°4P 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 LYING AND BEING A PART OF LOT 3, BELLA
VISTA UNIT N0.2, AS SHOWN ON THE MAP IN MAP BOOK 11, PAGE 164, OF TIIE 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 TIIE INTERSECTION OF THE NORTHERL Y LINE OF LOT 3, BELLA VISTA
UNIT NO.2,PER MAP BOOK 11,PAGE 164 OF TIIB PUBLIC RECORDS OF VOLUSIA COUNTY,
�1 FLORIDA, AND THE EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY NO.I , THENCE
SOUTH 1619'EAST A DISTANCE OF 399.90 FEET ALONG THE SAJD EASTERLY RIGHT-OF-
WAY LINE FOR THE POINT OF BEGINNING; TIBNCE NORTH 68°41'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 160 19' EAST A DISTANCE OF 50.19 FEET ALONG SAID WESTERLY LINE OF EAST
CORY DRIVE, THENCE SOUTH 68°41' WEST A DISTANCE OF 2I75FEET; 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.
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