2016-O-37 08/11/2016 08:56 AM
Instrument# 2016-147509 # 1
Book : 7288
Page : 1766
ORDINANCE NO. 2016-0-37
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY B-4W (GENERAL
COMMERCIAL) AND R-3W (URBAN SINGLE FAMILY
RESIDENTIAL) TO CITY B-3 (HIGHWAY
COMMERCIAL) FOR 2.981 ACRES OF CERTAIN REAL
PROPERTY LOCATED AT 104. SOUTH CORY DRIVE
AND THE VACANT PARCEL TO THE SOUTH,
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. Dr. Michael Somai, applicant, has applied on behalf of Mina Ventures, LLC,
owner of property located at 104 S. Cory Drive, within Volusia County, Florida. Subject
property contains approximately 2.98 ±acres.
2. The applicant has submitted an application for a change in zoning classification
from County B-4W (General Commercial) and R-3W (Urban Single Family Residential) to City
B-3 (Highway Commercial)for the property described herein.
3. On June 8, 2016, 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.
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InstrlHnent# 2016-147509 # 2
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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 THE CITY OF EDGEWATER, FLORIDA.
The zoning classification for the following described property is hereby changed from
County B-4W (General Commercial) and R-3W (Urban Single Family Residential) to City B-3
(Highway Commercial)for the property described in Exhibit"A".
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.
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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.
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 effect upon adoption.
PART G. ADOPTION.
After Motion to approve by Councilwoman Power, with Second by Councilwoman
Bennington,the vote on the first reading of this ordinance held on July 18, 2016,was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Gigi Bennington X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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Inst n.ent 1 2016-147509 1 4
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After Motion to approve by f .(iz2L1- �� /`�1� ►�__ with
Second by e 7-eGtT „- a. , the vote on the second
reading/public hearing of this ordinance held on Fb57 :j}- / , 2016
was as follows:
AYE NAY
Mayor Mike Ignasiak �+
Councilwoman Christine Power
Councilwoman Gigi Bennington NJ
Councilman Dan Blazi
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this I �f day of
2016.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
y � :4 it Cr
4 ,�E . By• t Rl' - I ,� i,c,
-, : `ti �° � Robin Matusick Mike Ignasiak
• '� . ff. . � City Clerk/Paralegal Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this day
legality by: Aaron R. Wolfe, Esquire of ail cyL: ' under Agenda Item No.
City Attorney 8 (1. .',
Doran, Sims, Wolfe& Ciocchetti
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•
Diane M. Matousek
Volusia County, Clerk of Court
EXHIBIT"A"
LEGAL DESCRIPTION
104 S.Cory Drive
Parcels 133, 134, 135 and 136, CORY ESTATES AN UNRECORDED SUBDIVISION, as
recorded in Official Records Book 233, Page 29 of the Public Records of Volusia County,
Florida, being a portion of Lot 1, Bella Vista Unit#3, according to plat thereof recorded in Map
Book 9, Page 298, of the Public Records of Volusia County,Florida,and being more particularly
described as follows: Begin at the intersection of the Southerly line of said Lot 1 and the Easterly
right-of-way line of U.S. Highway#1, a 158 foot right-of-way as now laid out; thence North 16
degrees 19' 00" West, a distance of 149.90 feet to the Southerly line of South Cory Drive, a 50
foot right-of-way as now laid out; thence North 68 degrees 41' 00" East along said Southerly
line, a distance of 275.00 feet; thence South 16 degrees 19' 00" East, a distance of 149.90 feet to
the said Southerly line of Lot 1, Bella Vista Unit#3; thence South 68 degrees 41' 00" West along
said Southerly line,a distance of 275 feet to the Point of Beginning.
Vacant parcel to the south
The West 425 feet of Lot 1, and all of Lots 2. 3, 4, 5, 6 and 7, together with the West 150 feet of •
a vacated alley located North of Lots 6 and 7,all being located in Indian Harbor Estates Unit No.
5, according to the map or plat thereof.as recorded in Map Book 26, Page 18, of the Public
Records of Volusia County, Florida.
Containing 2.98 acres more or less.
This legal description includes any/all adjoining right-of-way relating to the subject property.
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