2020-O-19 - 125 S Cory Drive RZ111161M20 9534:14 AM Instrument #2020220068 #1 Book:7941 Page:3270
ORDINANCE NO. 2020-0-19
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM COUNTY R -3W (URBAN
SINGLE FAMILY RESIDENTIAL) TO CITY R-3 (SINGLE
FAMILY RESIDENTIAL) FOR .21521 ACRES OF
CERTAIN REAL PROPERTY LOCATED AT 125 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:
Anthony and Hope Pawlak, are the owners of property located at 125 South Cory.
Drive, within Volusia County, Florida. Subject property contains approximately .2152+
acres.
Anthony and Hope Pawlak, owners, have 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.
On August 12, 2020, the Local Planning Agency (Planning and Zoning Board)
considered the application for change in zoning classification.
The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
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.
Seiko thseughpusages are deleted. 1
Underlined oassages are added.
2020-0-19
Instrument #2020220068 #2 Book:7941 Page:3271
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 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 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.
meq -passages are deleted. 2
Underlined Dosages are added.
2020-0-19
Instrument #2020220068#3 Book:7941 Page:3272
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 Yaney, with Second by Councilwoman
Power, the vote on the fust 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
9t iko-Wreuglrpassages are deleted. 0
Underlined assages are added.
2020-Od9
Instrument #2020220068 #4 Book:7941 Page:3273
After Motion to approve by
` r c with
Second by the vote on the second
reading/public hearing of this ordinance held onr)yja � was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberley Yaney
�r
Councilwoman Megan O'Keefe
Councilman Gary T. Comoy
PASSED AND DULY ADOPTED this q day of !-t-Z . 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
Doran, Sims, Wolfe, Ciocchetti &
Yoon
�rpassages are deleted.
Underlined passages are added.
2020-0-19
CITY COUNCIL OF THE
IQB
Mike Tliamss�
or
Approved by the City Council of the City of
Edgewater at a meeting held on this L14
day of rC 2020, under Agenda Item No.
8 C .
Instrument #2020220068 #5 Book:7941 Page:3274
EXHIBIT "A"
LEGAL DESCRIPTION
A portion of Lot 1, Plat of Bella Vista Subdivision -Unit No. 3, according to the map thereof as
recorded in Map Book 11, Page 164 of the Public Records of Volusia County, Florida, being
more particularly described as follows:
Commence at the Intersection of the Southerly fine ° of said Lot 1 and the Easterly Right of Way
Line of U.S. Highway No. 1; thence North 68 41' East 1150.19 feet along the Southerly fine of
said Lot 1; thence North 16019' West 175.09 feet for the point of beginning; thence continue
North 16019' West 124.9 feet; thence South 68041' West 75.00 feet, thence South 16019' East
124.9 feet; thence North 68041' East 75.00 feet to the point of beginning. Also described as
Parcel 74, Cory Estates Unrecorded.
Together with the right of use a 50 Foot Easement described as follows: Commence at the
intersection of the Southerly fine of said Lot 1 and the Easterly right of way line of U.S.
Highway No. 1; thence North 160 19' 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 725.19 feet;
thence North 16019' West 50.19 feet; thence South 68.41' West 675 feet; thence North 16019'
West 25 feet; thence South 68.410 41' West 475.19 feet to the Easterly right of way line of U.S.
Highway No. 1; thence South 16019' East 50. 19 feet along the said Easterly right of way to the
point of beginning. Said Easement lying and being in Lot 1 Plat of Bella Vista Subdivision - Unit
No. 3
Containing .2152 acres more or less
aak-e4hF-oug7i-passages are deleted.
Underlined passages are added.
2020-0-19
Instrument #2020220068 #6 Book:7941 Page:3275 Laura E. Roth, Volusia County Clerk of Court
a
pe
�
9
C
®
q 9
W
w Nm
6
n a
q
P
j
r