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ORDINANCE NO. 95-0-22
AN ORDINANCE CHANGING THE FUTURE LAND USE
DESIGNATION OF THE EDGEWATER COMPREHENSIVE
PLAN FROM MEDIUM DENSITY RESIDENTIAL TO
COMMERCIAL FOR PROPERTY LOCATED NORTH OF 30TH
STREET BETWEEN INDIA PALM AND HIBISCUS DRIVES,
LOTS 7511 THROUGH 7514 AND 7551 THROUGH 7554,
BLOCK 246, FLORIDA SHORES, #8; PROVIDING
FINDINGS OF CONSISTENCY; AMENDING THE FUTURE
LAND USE MAP; PROVIDING FOR FILING WITH THE
DEPARTMENT OF COMMUNITY AFFAIRS; 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
to change the Future Land Use designation from Medium Densi ty
Residential to Commercial 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 Future Land Use designation.
4. On December 19, 1995, the City Council held a public
hearing to consider the change in the Future Land Use designation
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.
NOW THEREFORE, BE IT ENACTED by the People of the City of
Edgewater, Florida:
PART A.
CHANGE IN FUTURE LAND USE DESIGNATION.
The Future Land Use designation for the following described
Struok through passages are deleted.
Underlined passages are added.
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property is hereby changed from Medium Density Residential to
Commercial:
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.
FINDINGS OF CONSISTENCY.
The City Council specifically determines that the approved
change in the Future Land Use designation is internally consistent
with the policies and objectives contained in the Edgewater
Comprehensive Plan.
PART C.
AMENDMENT OF THE FUTURE LAND USE MAP.
The Director of Community Development is hereby authorized and
directed to amend the Future Land Use Map of the Future Land Use
Element of the Edgewater Comprehensive Plan to reflect the change
in the Future Land Use designation for the above described
property.
PART D.
FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3187(1)(c)2, Florida Statutes, the
Director of Community Development is hereby directed to report this
action to the state land planning agency as required therein.
PART E.
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 F.
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 G.
EFFECTIVE DATE.
This ordinance shall take effect upon approval of the Sides
struck through passages are deleted.
Underlined passages are added.
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Development Agreement.
PART H. ADOPTION.
After Motion by Councilman Mitchum 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 19th day of December, 1995.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
ack N an, r.
Mayo
APPROVED FOR FORM
AND CORRECTNESS:
1
Ir eta A. Storey
City Attorney
St-uh passages are deleted.
underlined passages are added.
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