2020-O-25 - 123 S Cory Drive RZ11/16/2020 906:28 AM Instrument #2020219981 #1 Book:7941 Page:3098
ORDINANCE NO. 2020-0-25
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R -3W (URBAN
SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL) FOR .211 ACRES OF CERTAIN
REAL PROPERTY LOCATED AT 123 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. Chad Routte, is the owner of property located at 123 South Cory Drive, within
Volusia County, Florida. Subject property contains approximately .211 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 August 12, 2020, 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.
S. The proposed change will not have a negative effect on the character of the
surrounding area
NOW, THEREFORE, BE rr 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-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 APPLICABILM.
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 Councilmaa Conroy, with Second by Councilwoman Yaney,
the vote on the fast 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 with
Second by s-'r,,l L4x--y-cr��, the vote on the second
reading/public hearing of this ordinsaoe held on November 4, 2020, was m follows:
AYE NAY
Mayor Mike Thomas
�+
Councilwoman Christine Power
Councilwoman Kimberley Yaney
Councilwoman Megan O'Keefe
�e
Councilman Gary T. Conroy
PASSED AND DULY ADOPTED this 0 day of November, 2020.
ATTEST:
Robin Matusick
City Clerk/Paralegal
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Aaron R. Wolfe, Esquire
City Attorney
Dome, Sims, Wolfe, Ciocchetti &
Yoon
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2020-0-25
CITY COUNCIL OF THE
"6ETY OF DGEW O
By\Ilj/
ke Th
ayor
Approved by the City Council of the City of
Edgewater at a meeting held on this 46 day of
November, 2020, under Agenda Item No.
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EXHIBIT "A^
LEGAL DESCRIPTION
Lot 73, 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 680 41' East 1075.19 feet along the Southerly line of said Lot
1; thence North 160 IT 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 68041' East 75 feet to the Point of Beginning.
Together with the right to us a 50 foot easement ]mown as (South Cory Drive) described as
follows: Continence 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 WIT West 149.9 feet for the Point of Beginning;
thence North 68°41' East 425 feet; thence South 16019' East 25 feet; thence North 68° 41' East
650.19 feet; thence North 160119 West 50.19 feet; thence South 680 41' West 600 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 the said Bella Vista Unit No. 3.
Containing .21 acres more or less
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2020-0-25
Instrument #2020219981 #8 Book:7941 Page:3103 Laura E. Roth, Volusia County Clerk of Court