2020-O-21 - 121 S Cory Drive CPA ORDINANCE NO.2020-0-21
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 .21f ACRES OF CERTAIN REAL PROPERTY
LOCATED AT 121 SOUTH CORY DRIVE EDGEWATER,
FLORIDA; PROVIDING FOR PUBLIC HEARINGS,
FINDINGS OF CONSISTENCY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Troy W. Noe, property owner, has applied for an amendment to the
Comprehensive Plan Future Land Use Map to include property located at 121 South Cory Drive,
within Volusia County, Florida as Low Density Residential. Subject property contains
approximately .21±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. (2016), on Wednesday, August
8, 2020, and by a vote of 6-0 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:
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2020-0-21
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
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 October 5, 2020, 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. (2016).
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hereby superseded by this ordinance to the extent of such conflict.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,
ishall 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,
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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.
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 Yaney, with Second by Councilman
Conroy, the vote on the first reading of this ordinance held on October 5, 2020, was as follows:
AYE NAY
Mayor Mike Thomas X
Councilwoman Christine Power X
Councilwoman Kimberley Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary T. Conroy X
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After Motion to approve by /r{,�, , Second by, the
vote on the second reading/public hearing of this ordinance held on November 4_, 2020, was as
follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 4t'day of November,2020.
ATTEST: COUNCIL OF THE
C:,OF,,ED WATER, FLORIDA
By:
,
Robin L. Matusick Mike Th
City Clerk/Paralegal ;may
For the use and reliance only by the City of Approved by the City Council of the
Edgewater, Florida. Approved as to form and City of Edgewater at a meeting held on
legality by: Aaron R. Wolfe, Esquire this 4th day of November, 2020, under
City Attorney Agenda Item No. 8 Ld.
Doran, Sims,Wolfe, Ciocchetti&
Yoon
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EXHIBIT "A"
LEGAL DESCRIPTION
Lot 72, Cory Estates
Commence at the intersection of the Southerly line of Lot 1, Bella Vista Unit No.3, per Map
Book 9, Page 298 of the Public Records of Volusia County, Florida and the Easterly R/W line of
U.S. Highway No.1; thence North 68' 4l' East 1000.19 feet along the Southerly line of said Lot
1; thence North 16°19' West 175.09 feet for the point of beginning; thence continue North 16'
19' West 124.9 feet; thence South 68' 41' West 75 feet; thence South 16°19' East 124.9 feet;
thence North 68°4F East 75 feet to the point of beginning.
Together with a right to use a 50 foot easement (known as South Cory Drive) described as
follows: Commence at the intersection of the Southerly line of Lot 1, Bella Vista Unit No.3 per
Map Book 9, Page 298, of the Public Records of Volusia County, Florida and the Easterly R/W
line of U.S. Highway No.l; thence North 16' 19' West 149.9 feet for the Point of Beginning,
thence North 68' 41' East 425 feet; thence South 16°19' East 25 feet; thence North 68°41' East
575.19 feet; thence North 16°19' West 50.19 feet; thence South 68°41' West 525 feet; thence
North 16°19' West 25 feet; thence South 68°41' West 475.19 feet to the Easterly R/W line of
U.S. Highway No.1; thence South 16°19' East 50.19 feet along the said Easterly R/W line to the
point of beginning. All lying and being in Lot 1 of said Bella Vista Unit No. 3.
Together with all rights, title and interest acquired by virtue of that certain easement deed
between Melba L. Bernard and Jerome L. Bernard, her husband, to all real property owners, their
heirs, successors and assigns owning real estate in Cory Estates per Official Records Book 233,
Page 29, Public Records of Volusia County, Florida, dated May 23, 1980, and recorded May 27,
1980, in Official Records Book 2171, Page 644, of the Public Records of Volusia County,
Florida.
Containing .21 acres more or less
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