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95-O-1704/18/2005 10:57 M Instnncntf 2005-097865 t 1 .J Book : 5533 Page: 4192 ORDI :E NO. 95-0-17 AN ORDINANCE OF rING A CHANGE IN ZONING CLASSIFICATION ROM R-3 (SINGLE-FAMILY RESIDENTIAL DIST ICT) TO I-1 (LIGHT INDUSTRIAL DISTRICT) FOR PROPERTY LOCATED ON THE NORTH SIDE OF SNIDER STREET, LOTS 10, 11 AND 12, BLOCK C OF COLE'S SUBDIVISION; 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 'D 0>1, consider entering into a development agreement applicable to the h•-ib subject property. On November 29, 1995, by a vote of 7 to 0 the M� 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 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. -��-'va -�.`hFeugh passages are deleted. Underlined passages are added. 95-0-17 1 ',- k' >:' '-' Book: ."""" F)aqe: 5533 41B3 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): Lots 10, 11 and 12, Block C of Cole's Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 63, 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, Struok through passages are deleted. Underlined passages are added. 95-0-17 2 Instnaent# 2DD5-097865 1 3 Book: 5533 .'Page: 4194 Diane N. Matausek Volusia County, Clerk of Court 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: 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. ATTEST: CITY COUNCIL OF THE CITY O EDGENATER, FLORIDA By: JA 1ec B. Ha a , Sr. ayor APPROVED FOR FORM AND CORRECTNESS: �til"N lac/ rsa A. Stoney City Attorney StFaek thregh passages are deleted. Underlined passages are added. 95-0-17 3