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Irrtrueert# 2005-097879 # 1
J Book: 5533
Page: 4227
ORDINANCE NO. 95-0-23
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM R-4 (SINGLE-FAMILY
RESIDENTIAL DISTRICT) TO B-2 (NEIGHBORHOOD
BUSINESS DISTRICT) FOR PROPERTY LOCATED NORTH
OF 30TH STREET BETWEEN INDIA PALM AND HIBISCUS
DRIVES, LOTS 7511 THROUGH 7514 AND 7551
THROUGH 7554, BLOCS 246, FLORIDA SHORES #8;
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. Elwood B. and Frances M. Sides submitted an application
for a change in zoning classification from R-4 (Single -Family
Residential District) to B-2 (Neighborhood Business District) for
the property described below.
2. On October 25, 1995, the Land Development and Regulatory
Agency (LDRA) considered the application in conjunction with a
proposed development agreement. After recommending revisions to
the development agreement, by a vote of 5 to 2 the LDRA recommended
that the City Council approve the request.
3. On December 4, 1995, the City Council considered on first
reading the proposed change in the zoning classification.
4. On December 19, 1995, the City Council held a public
hearing on the application after publishing notice of such hearing
in the Daytona News Journal on December 6, 1995, 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. Due to the lateness of
the hour, the public hearing originally scheduled for December 18,
1995, was continued until December 19, 1995.
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
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adversely impact public facilities.
8. The existing district boundaries are not drawn logically
in relation to the property proposed for change.
9. Changed or changing conditions make the proposed
amendment necessary.
10. The proposed change in zoning classification will not
have an adverse effect on the natural environment.
11. 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 for the following described property
is hereby changed from R-4 (Single-Family Residential District) to
B-2 (Neighborhood Business District):
Lots 7511 , 7512 , 7513 , 7514 and 7551, 7552 ,
7553, 7554, Block 246, Florida Shores #8, Map
book 23, Page 132, as recorded in the Public
Records of Volusia County, Florida.
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 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
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Instruoentt 2005-097879 t 3
Book: 5533
_. Page: 4229
Diane H. Hatousek
Volusia County, Clerk of Court
holding shall not affect its applicability
to any other person,
property, or circumstance.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon
approval of the Sides
Development Agreement.
PART F. ADOPTION.
After Motion by Councilman Hatfield and
Second by Councilwoman
Martin the vote on the first reading of this
ordinance held on
December 4, 1995, 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 Hatfield and Second by
Councilwoman Martin, the vote on the second reading of this
ordinance 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 Absent
PASSED AND DULY ADOPTED this 18th day of December, 1995.
CITY COUNCIL OF THE
.� CITY F 6DGENATER, FLORIDA
�Iy BY:
SusaNJ adsworth Jack n, Srm.
'City Clerk May
APPROVED FOR FORK
AND CORRECTNESS:
r s a A. Storey
City Attorney
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