2023-O-17 - Lawson CPA - 1890 Old Mission RdORDINANCE NO. 2023-0-17
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN, AS AMENDED,
BY AMENDING THE OFFICIAL FUTURE LAND USE MAP
FROM VOLUSIA COUNTY LOW IMPACT URBAN TO CITY
LOW DENSITY TRANSITION WITH
CONSERVATION OVERLAY FOR 2.12± ACRES OF
CERTAIN REAL PROPERTY LOCATED AT 1890 OLD
MISSION ROAD (PARCEL IDENTIFICATION NUMBER 7344-
11-00-0040), E D G E W A T E R, FLORIDA; PROVIDING FOR
PUBLIC HEARINGS, FINDINGS OF CONSISTENCY;
PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Jack Lawson, applicant, has applied for an amendment to the Comprehensive
Plan Future Land Use Map to include property located property located at 1890 Old Mission Road
(Tax Parcel No. within Volusia County, Florida as Low Density Transition with Conservation
Overlay. Subject property contains approximately 2.12± 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., on Wednesday, May 10, 2023,
and 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:
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
/do%\ the City of Edgewater, Florida, shall be amended to include property described in Exhibits
_ow passages are deleted. 1
Underlined passages are added.
2023-0-17
"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 July 3, 2023, 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.
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hereby superseded by this ordinance to the extent of such conflict.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. 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 E. EFFECTIVE DATE.
The effective date of this plan amendment, if the amendment is not timely challenged,
shall 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,
+•:''= 6%" passages are deleted. 2
Underlined passages are added.
2023-0-17
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.
PASSED AND DULY ADOPTED this5' day of 5w � '2023.
Jp ATTEST: 0 Gi9i 3etrin�ius���(i
,.. r
Bonnie Zlotnik`,,�C, City Clerk
AON
Passed on first reading on the;) day o 2023
REVIEWED AND APPROVED: UL
Aaron R. Wolf Ci Attorney
`•-" a tkFeUgh passages are deleted. 3
Underlined passages are added.
2023-0-17
EXHIBIT "A"
LEGAL DESCRIPTION
Parcel 4, Mission Woods Subdivision, as described In Exhibit "D" in the Declaration of
Restrictions, Easements, and -Covenants of Mission Woods Subdivision, recorded in Official
Records Book 3162, Page 497, Public Records of Volusia County, Florida, being more particularly
described as follows:
A portion of Lot 1, Map of the South Third of the Ambrose Hull Grant as recorded In Map Book
5, Page 54, Public Records of Volusia County, Florida, described as follows: From the Southeast
comer of Lot 2, said Map of the South Third of the Ambrose Hull Grant. run North 00°52'53"
West, the bearing base of this description, along the East line of Lots 1 and 2, a distance of 1188.
76 feet to the Point of Beginning; thence continue North 00°52'53" WeOt. a distance of 270.95
feet; thence departing said East line, run South 81 °08'31" West, a distance of 410.93 feet;*therice _
South 03°01'08" East, a distance of 269.72 feet, thence North 81 °08'31" East, a diiknce of 406:'
n feet to the Point of Beginning. "
LESS and EXCEPT the East 63.5 feet measured on the North line and the East 61.6 feet measured
on the South line of Lot 4, Mission Woods Unrecorded Subdivision, as conveyed 4 Trustee'g-Deed
recorded in Official Records Book 5978, Page 2729, Public Records of Volusia C6unty, Florida,
for the new R/W for Old Mission Road.
StF+leeug-h-passages are deleted. 4
Underlined passages are added.
2023-0-17
Aw%.
/"\
07
F
k
W
CI
E