95-O-1904/18/2005 10:58 M
�.. Instrument# 2005-097870 1 1
Book: 5533
Page: 4201
ORDINANCE NO. 95-0-19
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM R-3 (SINGLE-FAMILY
RESIDENTIAL DISTRICT) TO I-1 (LIGHT INDUSTRIAL
DISTRICT) FOR PROPERTY LOCATED AT THE
NORTHEAST CORNER OF OCEAN AVENUE AND OLD
COUNTY ROAD; 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. Coronado Paint Co., Inc. 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, after recommending that the applicant
,�. consider entering into a development agreement applicable to the
subject property. On November 29, 1995, by a vote of 7 to 0 the
LDRA recommended that the City Council approve the request subject
to the condition that the parcel not be utilized for: 1) a paint
manufacturing facility; 2) storage of chemicals; and 3) 18-wheel
tractor trailer or repair facilities.
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.
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7. The proposed change in zoning classification will not
adversely impact public facilities.
8. Changed or changing conditions make the proposed
amendment necessary.
9. The proposed change in zoning classification will not
have an adverse effect on the natural environment.
10. 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):
A portion of U.S. Lot 1, Section 32, Township
17 South, Range 34 East, lying northerly of
Ocean Avenue, a 50 foot R/W as now laid out
and easterly of Old County Road, a 40 foot R/W
as now laid out and being more particularly
described as follows: As a point of reference
commence at the intersection of the westerly
line of Lot 421, Hawk's Park Company
Subdivision, according to map thereof recorded
in Map Book 1, page 156 of the Public Records
of Volusia County, Florida, and the northerly
R/W of Ocean Avenue, a 50 foot R/W as now laid
out and shown on said Hawk's Park Company
Subdivision; thence S 640 15' 30" W along the
northerly R/W of said Ocean Avenue, a distance
of 90.44 feet for the POINT OF BEGINNING;
thence continue S 640 15' 30" W along said
northerly R/W, a distance of 110.00 feet to
the easterly R/W line of said Old County Road;
thence N 210 49' 30" W along said easterly R/W
line, a distance of 138.63 feet to the
intersection of the westerly prolongation of
the northerly line of said Hawk's Park Company
Subdivision; thence N 640 15' 30" E along said
line, a distance of 253.99 feet to a point,
said point being the Northwest corner of Lot
420, said Hawk's Park Company Subdivision,
said point also being described as the
Southwesterly corner of Lot 5, block "D" Cole
Subdivision, according to plat thereof
recorded in Map Book 23, Page 63 of the Public
Records of Volusia County, Florida; thence S
010 14' 10" E along the westerly line of said
Hawk's Park Company Subdivision, a distance of
14.99 feet; thence S 640 15' 30" W, a distance
of 138.46 feet; thence S 21049' 30" E, a
distance of 125.00 feet to the POINT OF
BEGINNING.
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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.
PART E.
EFFECTIVE DATE.
This ordinance shall take effect upon approval of the Coronado
Paint 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 Nay
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:
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In,stnaenti 2005-097870 t 4
Book: 5533
Page: 4204
Diane M. Matousek
Volusia County, Clerk of Court
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
PASSED AND DULY ADOPTED this 18th day of December, 1995.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
ack H. Ia an, 8 .
ayor
APPROVED FOR FORM
AND CORRECTNESS:
—�f sta A. tore
City Attorney
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