97-O-09O 04/18/2DO5 11:02 AM
Instnaentt 2005-097880 4 1
^' Book: 5533
Page: 4230
ORDINANCE NO.97-0-09
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM I-3 (HEAVY INDUSTRIAL
DISTRICT) TO 1-1 (LIGHT INDUSTRIAL DISTRICT) FOR
PROPERTY LOCATED AT 417 WEST PARK AVENUE;
AMENDING THE OFFICIAL ZONING MAP OF THE CITY
OF EDGEWATER, PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Charles Wheaton has submitted an application for a change in zoning classification from
I-3 Heavy Industrial District to I-1 Light Industrial District for the property described below.
2. On April 30, 1997, the Land Development and Regulatory Agency (LDRA) considered
the application for change in zoning classification and by a vote of 6-0 recommended that the City
Council approve the request.
eel3. On June 2, 1997, the City Council considered on first reading the proposed change in the
zoning classification.
4. On June 16, 1997, the City Council held a public hearing on the application after publishing
notice of such hearing in The News -Journal on June 3, 1997, and notifying by mail all property
owners who own real property directly affected by the proposed action and all property owners who
own real property within 500 feet of the subject property.
5. The proposed change in zoning classification is consistent with all elements of the
Edgewater Comprehensive Plan.
6. The proposed change in zoning classification is not contrary to the established land use
pattern.
7. The proposed change in zoning classification will not adversely impact public facilities.
8. The proposed change in zoning classification will not have an adverse effect on the natural
environment.
9. The proposed change will not have a negative effect on the character of the surrounding
area.
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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 for the following described property is hereby changed from I-3
Heavy Industrial District to I-1 Light Industrial District:
The Easterly 128.00 feet of that part of Lot 35C. Lying Southerly of
the existing FEC Branch Edgewater Cutoff Railroad. A 150 foot
right-of-way. Assessor's Subdivision of the G. Alvarez Grant. As
shown on Map in Map Book 3, Page 137 of the Public Records of
Volusia County, Florida. Less and except that portion now in Park
Avenue.
and,
That part of Lot 35C. Lying Southerly of the existing FEC Branch
Cutoff Railroad. A 150 right-of-way. Excepting therefrom the
Easterly 128.00 feet. Assessor's Subdivision of the G. Alvarez Grant.
As shown on Map in Map Book 3, Page 137 of the Public Records of
Volusia County, Florida. Less and except that portion now in Park
Avenue.
PART B. AMENDMENT OF THE OFFICIAL ZONING MAP OF THE
CITY OF EDGEWATER, FLORIDA.
The Director of Community Development 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 extend 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.
PART E. EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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97-0-09
.. Instnaentl 2W5-097880 t 3
J Book: 5533
Page: 4232
Diane N. Natausek
Volusia County, Clerk of Court
PART F. ADOPTION.
After Motion by Councilman Hatfield and Second by Councilman Hays, the vote on the first
reading of this ordinance held on June 2, 1997, was as
follows:
Mayor Jack H. Hayman, Sr.
AYE
Councilman Danny K. Hatfield
AYE
Councilwoman Louise A. Martin
AYE
Councilman Mike Hays
AYE
Councilman David L. Mitchum
AYE
After Motion by Councilman Hays and Second by Councilman Hatfield, the vote on the
second reading of this ordinance was as follows:
Mayor Jack H. Hayman, Sr.
AYE
Councilman Danny K. Hatfield
AYE
Vice Mayor Louise A. Martin
AYE
Councilman Mike Hays
AYE
Councilman David L. Mitchum
AYE
PASSED AND DULY ADOPTED this 16' day of June, 1997.
CITY COUNCIL OF THE
CI�T�Y OF
EF EDG/EW TER, FLORIDA
By —
Louise A. Martin
ViceMayor
APPROVED FOR FORM
AND CORRECTNESS:
.�", ,jW'tp'
Kfista A. Storey "
City Attorney
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97-0-09 3