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ORDINANCE NO. 95-0-02
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM R-28 (SINGLE-FAMILY
RESIDENTIAL DISTRICT) TO R-4 (MULTI -FAMILY
RESIDENTIAL DISTRICT) FOR PROPERTY LOCATED AT
1229 MANGO TREE DRIVE; AMENDING THE OFFICIAL
ZONING NAP OF THE CITY OF EDGEWATER
ACCORDINGLY; 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. Jeensa H. Wheeler, submitted an application for a change
in zoning classification from R-2B (Single -Family Residential
District) to R-4 (Multi -Family Residential District) for the
property described below.
2. On February 22, 1995, the Land Development and Regulatory
Agency (LDRA) considered the application. By a vote of 7 to 0 the
)-/CCU LDRA recommended that the City Council grant a change in zoning
A M�;- from R-2B to R-4.
3. On March 20, 1995, the City Council considered the
application on first reading.
4. On April 17, 1995, the City Council held a public hearing
on the application after publishing notice of such hearing in the
Daytona News Journal on April 5, 1995, and notifying by mail
affected property owners.
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.
7. The proposed change .in zoning classification will not
adversely impact public facilities.
8. The proposed change .in zoning classification will not
have an adverse effect on the natural environment.
9. 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
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Underlined passages are added.
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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-2B (Single -Family Residential District) to
R-4 (Multi -Family Residential District):
Lots 2130,Block 47, and Lots 2131, 2132 and
2133, Block 48, together with that portion of
14th said Block 48 and Lot 2130, said Block
47, as vacated per City Ordinance No. 80-0-57,
Florida Shores to map thereof recorded in Map
Book 23, page 104 of the 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,
property, or circumstance.
PART E. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART F. ADOPTION.
After Motion by Councilwoman Martin and Second by Councilman
Hatfield the vote on the first reading of this ordinance held on
March 20, 1995, was as follows:
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Diane N. Matausek
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
After Motion by Councilman Mitchum and Second by Councilman
Hays, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. ABSENT
Councilman Danny K. Hatfield AYE
Vice Mayor Louise A. Ziartin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 17th day of April, 1995.
CITY COUNCIL OF THE
CITY OF,F.DGEWATRjZ, FLORIDA
By:
/L//(/
Louise A. Martin
Vice Mayor
APPROVED FOR FORM
AND ORRECTNESS:
i
t ista A. Storey
City Attorney
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