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2023-O-03 - N Cory Drive RZ 2/8/2023 9:21:10 AM Instrument#2023025051 #1 Book:8365 Page:3420 ORDINANCE NO. 2023-0-03 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM V O L U S I A COUNTY R-3W (URBAN SINGLE FAMILY RESIDENTIAL) TO CITY R- 3 (SINGLE FAMILY RESIDENTIAL) FOR .30± ACRES OF CERTAIN REAL PROPERTY LOCATED ON NORTH CORY DRIVE (PARCEL IDENTIFICATION NUMBER 841203000440), EDGEWATER, FLORIDA; AMENDING THIN 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. Maier Meadows, LLC is owner of the property located on North Cory Drive (Tax Parcel No. 841205000440) within VOhNsia County, Florida. Subject property contains approximately.30k acres. 2. The owners have submitted all application for a change in Zoning classification from Volusia County R-3W(Urban Single hamily Residential) City R-3 (Single Family Residential) for the property described herein. 3. On December 14. 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. 6. The proposed change in zoning classification will not adversely impact Stli ae rmig-passages are deleted. l Underlined passages are added. 2023-0-03 Instrument#2023025051 #2 Book:8365 Page:3421 public facilities. 7. The proposed change in zoning classification will not have an adverse: effect on 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 TIIE CITY OF EDGEWATER, FLORIDA. The zoning classification is hereby changed from Volusia County R-3W (Urban Single Family Residential) to 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 amu--t�6,«�^"gh passages are deleted. 2 Underlined passages are added. 2023-0-03 Instrument#2023025051 #3 Book:8365 Page:3422 rte.. of this ordinance. If this ordinance or any provisions thereof skull 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. PART E. RECORDING. Upon approval and execution, this document shall be delivered to the Clerk of Court for recording into the public records of Volusa County, Florida. PART F. EFFECTIVE DATE. This Ordinance shall take place upon adoption. PART G. ADOPTION. PASSED AND DULY ADOPTED this day of _N tC� 2023. G1 Win.. Diezel De> ew, Mayor ATTEST: Bonnie Zlotnik, CVC- City Clerk Passed on first reading on the day of m F 2023 �I REVIEWED AND APPROVED. Aaron R. W e, pity Attorney Ekeet+gh-passages are deleted. 3 Underhiled passages are added. 2023-0-a3 Instrument#2023025051 #4 Book:8365 Page:3423 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 De, 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 per Map Book 1 1, Page 164 off the Public Records off Volusia County, Florida and the Easterly right-of-way line of U.S. Highway No. 1.. a 158 feet right-off-way as now laid out; thence North 68 Degrees 41 Minutes East a distance off 2125.19 feet for the Point of Beginning; thence North 16 Degrees 19 Minutes West a distance off 124.9 feet to the Southerly line off North Cory Drive as recorded it . said Official Records Book 233, Page 29; thence North 68 Degrees 41 Minutes East along said South line off North Cory Drive a distance off75 feet; thence South 16 Degrees 19 Nlihutes East a distance off 124.9 feet to the said Southerly line off Lot 3; thence South 68 Dogrees 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. c,,,;i,, , ,�--tst,..,..,,c.,-passages are deleted. 4 Underlined passages are added. 2023-0-03 Instrument#2023025051 #5 Booh:8365 Page:3424Launs E. Roth,Volusia County Clerk of Court 421 � � * � � m ��