95-O-01
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ORDINANCE NO. 95-0-01
AN ORDINANCE CHANGING THE FUTURE LAND USE
DESIGNATION OF THE EDGEWATER COMPRgHENSIVE
PLAN FROM LOW DENSITY RESIDENTIAL TO MEDIUM
DENSITY FOR PROPERTY LOCATED AT 1229 MANGO
TREE DRIVE; PROVIDING FINDINGS OF CONSISTENCY;
AUTHORIZING THE AMENDMENT OF 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. Jesusa 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. To be consistent with the comprehensive
plan, the subject parcel now designated as Low Density Residential
on the Future Land Use Map should be changed to Medium Density
Residential.
2. On February 22, 1995, the Land Development and Regulatory
Agency
considered the
application
for
change
in
zoning
classification in conjunction with the necessary change in Future
Land Use designation and by a vote of 7 to 0 reconunended that the
City Council approve the request.
3. On March 20, 1995, the City Council considered on first
reading the proposed change in the Future Land Use designation.
4. Pursuant to Section 163.3187(1) (c), Florida Statutes, on
April 17, 1995, the City Council held a public hearing to consider
the change in the Future Land Use dE~signation after publishing
notice of such hearing in the Daytona News Journal on April 5,
1995.
NOW THEREFORE, BE IT ENACTED by t:he People of the City of
Edgewater, Florida:
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 Medium
&t::-raek through passages are deleted.
Underlined passages are added.
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Density Residential:
Lots 2130, Block 47, dud 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 ot the 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, specifically Policy 5.3 of the Future Land Use
Element which addresses the location of higher density residential
uses.
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
1n 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 t:hereof 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.
Struck through passages are deleted.
Underlined passages are added.
95-0-01
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PART G. EFFECTIVE DATE.
This ordinance shall take effect upon adoption.
PART H. ADOPTION.
After Motion by Councilman Hatfield and Second by Councilman
Hays, the vote on the first reading of this ordinance held on March
20, 1995, 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
After Motion by Councilman Hays and Second by Councilman
Hatfield, 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. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 17th day of April, 1995.
4FF `
Susan'.JV Wadsworth
.=. .City .. Clerk'..
CITY COUNCIL OF THE
CITY OF EDGE/WAT FLORIDA
By',}o .C.(.,
-•ekth"--ugh passages are deleted.
Underlined passages are added.
95-0-01 3
Louise A. Martin
Vice Mayor
APPROVED FOR FORM
AND CORRECTNESS:
r 6ta A. Storey
City Attorney