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ORDINANCE NO. 95-0-21
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM R-3 (SINGLE-FAMILY
RESIDENTIAL DISTRICT) TO 1-1 (LIGHT INDUSTRIAL
DISTRICT) FOR PROPERTY LOCATED AT 143 WEST
OCEAN 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. Larry W. Westfall submitted an application for a change
in zoning classification from R-3 (Single-Family Residential
District) to I-1 (Light Industrial District) for the property
described below.
2. On October 25, 1995, the Land Development and Regulatory
Agency (LDRA) considered the application and continued the matter
until November 29, 1995. On November 29, 1995, by a vote of 7 to
o the LDRA recommended that the City Council deny the request.
3. On December 4, 1995, the City Council considered on first
reading the proposed change in the zoning classification.
4. On December 18, 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.
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 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.
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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-3 (Single-Family Residential District) to
I-I (Light Industrial District):
East 90.15 feet on South line and East 138.46
feet on North line of North 125 feet on West
line and of North 137.06 feet on East line of
Government Lot 1 lying North of Ocean Avenue,
Section 32, Township 17 South, Range 34 East,
per Official Records Book 1129, Page 12 and
per Of f icial Records Book 1183, page 563,
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
holding shall not affect its applicability to any other person,
property, or circumstance.
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IIstrurntt M-097875 i 3
Book: 5533
—,Page: 4221
Diane M. Matausek
Volusia County, Clerk of Court
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon approval of the Westfall
Development Agreement.
PART F. ADOPTION.
After Motion by Councilman Mitchum
and Second by Councilman
Hatfield 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
NAY
Councilman Mike Hays
NAY
Councilman David L. Mitchum
AYE
After Motion by Councilman Mitchum
and Second by Councilman
Hays, 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 NAY
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 8th day of January, 1996.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By • e.<,
Jack H. H n, Sr.
Mayor Ll
APPROVED FOR FORM
AND CORRECTNESS:
�is a A. ore
City Attorney
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