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ORDINANCE NO. 95-0-18
AN ORDINANCE CHANGING THE FUTURE LAND USE
DESIGNATION OF THE EDGEWATER COMPREHENSIVE
PLAN FROM LOW DENSITY RESIDENTIAL TO
INDUSTRIAL FOR PROPERTY LOCATED AT THE
NORTHEAST CORNER OF OCEAN AVENUE AND OLD
COUNTY ROAD; 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. Coronado Paint Co., Inc. 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) 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/or 3) 18-wheel
tractor trailer parking or repair facilities.
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, 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:
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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:
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.
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
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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 Coronado
Paint Development Agreement.
PART H. ADOPTION.
After Motion by Councilwoman Martin 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 Aye
Councilman Mike Hays Nay
Councilman David L. Mitchum Aye
After Motion by Councilman Hays and Second by Councilwoman
Martin, the vote on the second reading of this ordinance was as
follows:
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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 OPY EDGENATER, FLORIDA
By
Mayor U
APPROVED FOR FORM
AND CORRECTNESS:
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City Attorney
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