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.
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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.
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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.
PASSED AND DULY ADOPTED this,' day of L C 2023.
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ATTEST: �i j3em► ,,v.ic -Mom
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Bennie Zlatnillk,' �� , City Clerk
Passed on first reading on the k� day ofl, U, ' ;
REVIEWED AND APPROVED. - q
Aaron 1?_ Wolfe, ,yi Attorney
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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.
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2023-0-18
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