2023-O-02 - N Cory Drive CPA /0011,
ORDINANCE NO.2023-0-02
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 .301 ACRES OF CERTAIN REAL PROPERTY
LOCATED ON NORTH CORY DRIVE (PARCEL
IDENTIFICATION NUMBER 841205000440),
EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC
HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING
FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Maier Meadows, LLC, applicant, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located property located on North
Cory Drive (Tax Parcel No. 841205000440), within Volusia County, Florida as Low Density
Residential. Subject property contains approximately.30±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, December 14,
2022,and recommended that the City Council approve the proposed PIan 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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2023-0-02
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 January 4,2023,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hereby superseded by this ordinance to the extent of such conflict.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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PART E. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason field 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.
PASSED AND DULY ADOPTED this day of 1 ', , 2023.
Diezel DePew, Mayor
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Bonnie Zlotnik, Cil , City Clerk
Passed on first reading on the ` l-`day of 2023
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REVIEWED AND APPROVED:
Aaron R. Wolfe. CityTAttorney
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2023-0-02
EXHIBIT"A"
LEGAL DESCRIPTION
Parcel 44, Cory Estates as recorded in Official Records Book 233, Page 29 of the Public Records
of Volusia County, Florida being more particularly described as follows: Commence at the
intersection of the Southerly line of Lot 3, Bella Vista Unit No. 2 per Map Book 11, Page 164 of
the Public Records of Volusia County, Florida, and the Easterly right-of-way line of U.S.
Highway No. 1, a 158 foot right-of-way as now laid out;
thence North 68 Degrees 41 Minutes East a distance of 2050.19 feet for the Point of Beginning;
thence North 16 Degrees 19 Minutes West a distance of 124.9 feet to the Southerly line of North
Cory Drive as recorded in said Official Records Book 233, Page 29; thence North 68 Degrees 41
Seconds East along said South line of North Cory Drive a distance of 75 feet; thence South 16
Degrees 19 Minutes East a distance of 124.9 feet to the Southerly line of Lot 3; thence South 68
Degrees 41 Minutes West along said Southerly line of Lot 3 a distance of 75 feet to the Point of
Beginning. All lying in and being part of said Lot 3,Bella Vista Unit No.2, as per Map Book 11,
Page 164.
And the Westerly 25 feet of the following described property.
Parcel 43, Cory Estates as recorded in Official Records Book 233, Page.29 off:the_ Public
Records off Volusia County, Florida being more particularly described as follows: Commence at
the intersection off the Southerly line of Lot 3, Bella Vista Unit No. 2 pdr Map Book 11, age
164 off the Public Records off Volusia County, Florida and the Easterly right-of-way line of t-T.S.
Highway No. 1, a 158 feet right-off-way as now laid out; thence North-68 Degree* 41 Minaks
East a distance off 2125.19 feet for the Point of Beginning;thence North r6 Degrees 19 Mingtes
West a distance off 124.9 feet to the Southerly line off North Cory Drive as recorded.irr'-said
Official Records Book 233, Page 29; thence North 68 Degrees 41 Minutes East aloiig said South
line off North Cory Drive a distance off 75 feet; thence South 16 Degrees 19 Minutes East a
distance off 124.9 feet to the said Southerly line off Lot 3; thence South 68 Degrees 41 Seconds
West along said Southerly line off Lot 3 a distance of 75 feet to the Point of Beginning. All lying
in and being part off said Lot 3, Bella Vista Unit No. 2 as per Map Book 11, Page 164.
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