95-O-16
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ORDINANCE NO. 95-0-16
AN ORDINANCE CHANGING THE FUTURE LAND USE
DESIGNATION OF THE EDGEWATER COMPREHENSIVE
PLAN FROM LOW DENSITY RESIDENTIAL TO
INDUSTRIAL FOR PROPERTY LOCATED ON THE NORTH
SIDE OF SNIDER STREET, LOTS 10, 11, AND 12,
BLOCK C OF COLE'S SUBDIVISION; 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, 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.
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Underlined passages are added.
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The Future Land Use designation for the following described
property is hereby changed from Low Density Residential to
Industrial:
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.
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.
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This ordinance shall take effect upon approval of the Coronado
Paint Development Agreement.
PART H. ADOPTION.
After Motion by Councilman Mitchum and Second by Councilman
Hays, 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:
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 OF EDGEWATER, FLORIDA
By:
J ck H. Hay", Sr.
M yor
APPROVED FOR FORM
AND
vND CORRECTNESS:
11
'Krista A. Storey
City Attorney
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Underlined passages are added.
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