94-O-15
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ORDINANCE NO. 94-0-15
AN ORDINANCE CHANGING THE FUTURE LAND USE
DESIGNATION OF PROPERTY LOCATED WEST OF U. S.
HIGHWAY #1 AND SOUTH OF FALCON AVENUE FROM
VOLUSIA COUNTY'S URBAN LOW INTENSITY
DESIGNATION TO THE EDGEWATER COMPREHENSIVE
PLAN COMMERCIAL DESIGNATION; 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. James C. and Rosemary Carder submitted an application for
a change in zoning classification from R-4
(Multi-Family
Residential District) to B-3 (Highway Service Business District)
for the property described below.
To be consistent with the
comprehensive plan, the subject parcel now designated as Urban Low
Intensity on the Future Land Use Map should be changed to
Commercial.
2. On April 27, 1994, the Land Development and Regulatory
Agency considered the application for the change in zoning
classification in conjunction with the necessary change in Future
Land Use designation and by a vote of 6 to 0 recommended that the
City Council approve the request.
3. On May 16, 1994, 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
June 6, 1994, 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 May 22, 1994,
and May 31, 1994.
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 Urban Low Intensity to Commercial:
A portion of the Northwest quarter of the
Northeast quarter of Section 2, Township 18
South, Range 34 East, volusia County, Florida,
being more particularly described as follows:
COMMENCE at the Southwest corner of U. S. Lot
5, Section 2, Township 18 South, Range 34
East, Volusia County, Florida; thence North 89
degrees 47 minutes 59 seconds East along the
South line of said U. S. Lot 5 and the North
line of the Northwest quarter of the Northeast
quarter of said Section 2, a distance of
467.85 feet to the POINT OF BEGINNING; thence
North 89 degrees 47 minutes 15 seconds East, a
distance of 210.00 feet to a point in the
Westerly right-of-way of U. S. Highway No. 1
(S.R. No.5); thence South 26 degrees 41
minutes 11 seconds East along said Westerly
right-of-way, a distance of 210.00 feet;
thence departing said Westerly right-of-way
South 89 degrees 47 minutes 15 seconds West, a
distance of 210.00 feet; thence North 26
degrees 41 minutes 11 seconds West, a distance
of 210.00 feet to the POINT OF BEGINNING; said
described tract containing 0.91 acres
(39,475.57 square feet), more or less.
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 5.1 of the Future Land Use
Element which addresses the location of commercial 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
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.
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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 adoption.
PART H. ADOPTION.
After Motion by Councilman Mitchum and Second by Councilman
Hays, the vote on the first reading of this ordinance held on May
16, 1994, was as follows:
Mayor Jack H. Hayman, Sr. ABSENT
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
After Motion by Councilman Hays and Second by Councilman
Mitchum, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr. AYE
Councilman Kirk Jones AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 6th day of June, 1994.
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ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
aok H yaan Sr.
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
A.
- rista A. Storey
City Attorney
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