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2023-O-18 - RZ 1890 Old Mission Rd 7/7/2023 11:03:42 AM Instrument#2023137904#1 Book:8429 Page:3634 ORDINANCE NO.2023-0-18 AN ORDINANCE GRANTING A CHANGE IN ZONING CLASSIFICATION FROM V O L U S I A COUNTY A-3 (TRANSITIONAL AGRICULTURE) TO CITY RT (RURAL TRANSITIONAL) FOR 2.12± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1890 OLD MISSION ROAD (PARCEL IDENTIFICATION NUMBER 7344-11-00-0040), 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. Jack and Carol Maxwell- Lawson are the owners of the property located at 1890 Old Mission Road (Tax Parcel No. 7344-11-00-0040) within Volusia County, Florida. Subject property contains approximately 2.12±acres. 2. The owners have submitted an application for a change in zoning classification from Volusia County A-3 (Transitional Agriculture)City RT(Rural Transitional)for the property described herein. 3. On May 10, 2023, 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. Swko thFougi�,passages are deleted. 1 Underlined passages are added. 2023-0-18 Instrument#2023137904#2 Book:8429 Page:3635 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 Volusia County A-3 (Transitional Agriculture)to RT(Rural Transitional), 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. S'FiU�.,�gh-passages are deleted. 2 Underlined passages are added. 2423-0-18 Instrument#2023137904#3 Book:8429 Page:3636 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. PASSED AND DULY ADOPTED this,' day of L C 2023. ` 4 i 1 moi. ,+ 1 ATTEST: �i j3em► ,,v.ic -Mom V, d Bennie Zlatnillk,' �� , City Clerk Passed on first reading on the k� day ofl, U, ' ; REVIEWED AND APPROVED. - q Aaron 1?_ Wolfe, ,yi Attorney e.�:. t,._ ..�, otK,4passages are deleted. 3 Underlined passages are added. 2023-0-18 Instrument#2023137904#4 Book:8429 Page:3637 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 l and 2,a distance of 1188. 76 feet to the Point of Beginning; thence continue North 00°52`53" Wel3t. a distance of 270.95 feet; thence departing said East line, run South 81°08`31" West, a distance of 410.93 feet; thence South 03°01'08" East,a distance of 269.72 feet,thence North 81 °08'31" East, a distance of 400. n feet to the Point of Beginning. LESS and EXCEPT the East 63.5 feet measured on the North line and the East 61.01 feet measured on the South line of Lot 4,Mission Woods Unrecorded Subdivision,as conveyed in_Trustee's Deed recorded in Official Records Book 5978, Page 2729, Public Records of Volusiv County,Florida, for the new R/W for Old Mission Road. u 9#44e thFough passages are deleted. 4 Underlined passages are added. 2023-0-18 \ ± � � & 2 . ] / � t .. . . .. . . CL ` / n « V mwl m M ..v.a:a. - �����' S +Pic" \ ( / \