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ORDINANCE NO. 95-0-20
AN ORDINANCE CHANGING THE FUTURE LAND USE
DESIGNATION OF THE EDGEWATER COMPREHENSIVE
PLAN FROM LOW DENSITY RESIDENTIAL TO
INDUSTRIAL FOR PROPERTY LOCATED AT 143 WEST
OCEAN AVENUE; 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. Larry W. Westfall submitted an application to change the
Future Land Use designation from Low Density Residential to
Industrial for the property described below.
2. On October 25, 1995, the Land Development and Regulatory
Agency (LDRA) continued the matter until November 29, 1995. On
November 29, 1995, by a vote of 7 to 0 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 Future Land Use designation.
4. On December 18, 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.
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
property is hereby changed from Low Density Residential to
Industrial:
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,
Struck through passages are deleted.
Underlined passages are added.
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per Official Records Book 1129, Page 12 and
per Official Records Book 1183, Page 563,
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 Westfall
Development Agreement.
PART H. ADOPTION.
After Motion by Councilman Mitchum and Second by Councilman
Struck through passages are deleted.
Underlined passages are added.
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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 Hatfield 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
ii CITY OF EDGEWATER, FLORIDA
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APPROVED FOR FORK
AND CORRECTNESS:
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City Attorney
StFuek thFeegh passages are deleted.
Underlined passages are added.
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