2017-O-60 2/7/2018 2:15:57 PM Instrument#2018025088 #1 Book:7504 Page:4075
ORDINANCE NO. 2017-0-60
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3W (URBAN
SINGLE-FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL) FOR .22± ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 129 SOUTH CORY
DRIVE, 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. Robert Barlow is the owners of property located at 129 South Cory Drive, within
Volusia County,Florida. Subject property contains approximately .22± acres.
2. The owner has 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 December 13,2017, 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
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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-2 (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are hereby superseded by this ordinance to the extent of such conflict.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.
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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 Blazi,the
vote on the first reading of this ordinance held on January 8,2018,was as follows:
AYE NAY
Mayor Mike [gnasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve by CIC1 :°; c !-i,���Y���L _r_.c_, with
Second by Cr' .try. 7$tL , the vote on the second
reading/public hearing of this ordinance held on February 5, 2018,was as follows:
AYE NAY
Mayor Mike Ignasiak vs,
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi
Councilman Gary T. Conroy N
PASSED AND DULY ADOPTED this 5`h day of February,2018.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER,FLORIDA
By:
Robin Matusick Mike Ignasiak l�
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 5`h day of
legality by: Aaron R. Wolfe, Esquire Feb,iary, 2018 under Agenda Item No.
City Attorney 8 .
Doran,Sims, Wolfe Sc.Ciocchetti
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q
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EXHIBIT"A"
LEGAL DESCRIPTION
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 1, BELLA VISTA,
UNIT NO. 3, ACCORDING TO THE MAP OR PLAT THEREOF. AS RECORDED IN MAP BOOK 9,
PAGE 298,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA AND THE EASTERLY
RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE NORTH 68 DEGREES 41' EAST
1300.19 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 1; THENCE NORTH 16 DEGREES
19' WEST 175 .09 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 16
DEGREES 19' WEST 124.9 FEET; THENCE SOUTH 68 DEGREES 41' WEST 75 FEET; THENCE
SOUTH 16 DEGREES 19EAST124.9 FEET; THENCE NORTH 68 DEGREES 41 EAST 75 FEET TO
THE POINT OF BEGINNING;
TOGETHER WITH THE RIGHT TO USE A 50 FOOT EASEMENT (KNOWN AS CORY DRIVE)
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 1, BELLA VISTA,
UNIT NO. 3, ACCORDING TO THE MAP OR PLAT THEREOF,AS RECORDED IN MAP BOOK 9, •
PAGE 298,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA AND THE EASTERLY
RIGHT OF WAY LINE OF U.S.HIGHWAY NO. 1: THENCE NORTH 16 DEGREES 19'WEST 149 .9
FEET FOR THE POINT OF BEGINNING; THENCE NORTH 68 DEGREES 41 EAST 425 FEET;
THENCE SOUTH 16 DEGREES 19' EAST 25 FEET; THENCE NORTH 68 DEGREES 41 EAST
875.19 FEET; THENCE NORTH 16 DEGREES 19 WEST 50.19 FEET; THENCE SOUTH 68
DEGREES 41 WEST 825 FEET; THENCE NORTH 16 DEGREES 19 WEST 25 FEET; THENCE
SOUTH 68 DEGREES 41' WEST 475.19 FEET TO THE EASTERLY RIGHT OF WAY LINE OF U.S.
HIGHWAY NO. 1;THENCE 16 DEGREES 19 EAST 50.19 FEET ALONG SAID EASTERLY RIGHT
OF WAY LINE TO THE POINT OF BEGINNING. ALL LYING AND BEING IN LOT 1, BELLA
VISTA, UNIT NO. 3, AKA LOT 76 CORY ESTATES, ACCORDING TO SURVEY IN OFFICIAL
RECORDS BOOK 233,PAGE 27,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA.
Containing .22± acres more or less
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Instrument#2018025088#6 Book:7504 Page:4080 Laura E. Roth,Volusia County Clerk of Court
EXHIBIT"B"
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®sugect ptopery
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ORDINANCE NO. 2017-0-60
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R-3W (URBAN
SINGLE-FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL) FOR .22± ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 129 SOUTH CORY
DRIVE, 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. Robert Barlow is the owners of property located at 129 South Cory Drive, within
Volusia County, Florida. Subject property contains approximately .22-acres.
2. The owner has 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 December 13, 2017, 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
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#2017-0-60
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-2 (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.
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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 Blazi, the
vote on the first reading of this ordinance held on January 8, 2018, was as follows:
AYE NAY
Mayor Mike Ignasiak X
Councilwoman Christine Power X
Councilwoman Amy Vogt X
Councilman Dan Blazi X
Councilman Gary T. Conroy X
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After Motion to approve bye—.A- with
Second by �.� y/r�r�-,� r5st , the vote on the second
reading/public hearing of this ordinance held on February 5, 2018. was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Amy Vogt
Councilman Dan Blazi N
Councilman Gary T. Conroy �t
PASSED AND DULY ADOPTED this 5`h day of February, 2018.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
•
By: . .' 40, cl v/
Robin Matusick Mike Ignasiak
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 5th day of
legality by: Aaron R. Wolfe, Esquire Febnary, 2018 under Agenda Item No.
City Attorney 8
Doran,Sims, Wolfe&Ciocchetti
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EXHIBIT "A"
LEGAL DESCRIPTION
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 1, BELLA VISTA,
UNIT NO. 3, ACCORDING TO THE MAP OR PLAT THEREOF,AS RECORDED IN MAP BOOK 9,
PAGE 298,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA AND THE EASTERLY
RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1; THENCE NORTH 68 DEGREES 41' EAST
1300.19 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 1; THENCE NORTH 16 DEGREES
19' WEST 175 .09 FEET FOR THE POINT OF BEGINNING; THENCE CONTINUE NORTH 16
DEGREES 19' WEST 124.9 FEET; THENCE SOUTH 68 DEGREES 41' WEST 75 FEET; THENCE
SOUTH 16 DEGREES 19EAST124.9 FEET; THENCE NORTH 68 DEGREES 41 EAST 75 FEET TO
THE POINT OF BEGINNING;
TOGETHER WITH THE RIGHT TO USE A 50 FOOT EASEMENT (KNOWN AS CORY DRIVE)
DESCRIBED AS FOLLOWS:
COMMENCE AT THE INTERSECTION OF THE SOUTHERLY LINE OF LOT 1, BELLA VISTA,
UNIT NO. 3, ACCORDING TO THE MAP OR PLAT THEREOF,AS RECORDED IN MAP BOOK 9, •
PAGE 298,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA AND THE EASTERLY
RIGHT OF WAY LINE OF U.S. HIGHWAY NO. 1;THENCE NORTH 16 DEGREES 19'WEST 149 .9
FEET FOR THE POINT OF BEGINNING; THENCE NORTH 68 DEGREES 41 EAST 425 FEET;
THENCE SOUTH 16 DEGREES 19' EAST 25 FEET; THENCE NORTH 68 DEGREES 41 EAST
875.19 FEET; THENCE NORTH 16 DEGREES 19 WEST 50.19 FEET; THENCE SOUTH 68
DEGREES 41 WEST 825 FEET; THENCE NORTH 16 DEGREES 19 WEST 25 FEET; THENCE
SOUTH 68 DEGREES 41'WEST 475.19 FEET TO THE EASTERLY RIGHT OF WAY LINE OF U.S.
HIGHWAY NO. 1; THENCE 16 DEGREES 19 EAST 50.19 FEET ALONG SAID EASTERLY RIGHT
OF WAY LINE TO THE POINT OF BEGINNING. ALL LYING AND BEING IN LOT 1, BELLA
VISTA, UNIT NO. 3, AKA LOT 76 CORY ESTATES, ACCORDING TO SURVEY IN OFFICIAL
RECORDS BOOK 233,PAGE 27,OF THE PUBLIC RECORDS OF VOLUSIA COUNTY,FLORIDA.
Containing.22±acres more or less
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1
EXHIBIT "B"
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