94-O-1304/18/2005 10:53 M
Irstnmantl 2005-097855 f 1
.�' Book: 5533
Page: 4139
ORDINANCE NO. 94-0-13
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM R-4 (MULTI -FAMILY
RESIDENTIAL DISTRICT) TO B-2 (NEIGHBORHOOD
BUSINESS DISTRICT) FOR PROPERTY LOCATED AT 299
FALCON AVENUE; AMENDING THE OFFICIAL ZONING
MAP 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. Pelican Cove West Recreation Center, Inc., 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.
2. Pursuant to Section 1101 of the Edgewater Zoning
Ordinance, on April 27, 1994, the Land Development and Regulatory
Agency (LDRA) considered the application. By a vote of 6 to 0 the
LDRA recommended that the City Council grant a change in zoning
from R-4 to B-2.
3. On May 16, 1994, the City Council considered the
application on first reading.
4. Pursuant to Section 1103 of the Edgewater Zoning
Ordinance on June 6, 1994, the City Council held a public hearing
on the application after publishing notice of such hearing in the
Daytona News Journal on May 22, 1994, and May 31, 1994, and
notifying by mail adjoining property owners.
5. The proposed change in zoning classification is not
contrary to the established land use pattern.
6. The proposed change in zoning classification will not
adversely impact public facilities.
7. The proposed change in zoning classification will not
have an adverse effect on the natural environment.
8. 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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Instnaentt 2005-097855 \ 2
Book: 5533
Page: 4140
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-4 (Multi -Family Residential District) to
B-2 (Neighborhood Business District):
A portion of the Northwest 1/4 of the
Northeast 1/4 of Section 2, Township 18 South,
Range 34 East, Volusia County, Florida.
Described as follows: Beginning at the
Southwest corner of U. S. Lot 5, Section 2,
Township 18 South, Range 34 East, said point
also being the Southwest corner of Lot 15,
Highway Subdivision, Map Book 8, Page 22,
Public Records of Volusia County, Florida;
thence South along the east boundary of Lots
21, 22, 23, 24, 25 and 26, Block "A" PELICAN
COVE WEST SUBDIVISION, PHASE I, Plat Book 38,
Page 172, Public Records of Volusia County,
Florida. A distance of 399.08 feet to the
North right-of-way of Falcon Avenue, a 50 foot
right-of-way as now laid out; thence North
63°18'49" East a distance of 65.68 feet to the
point of Tangency of a curve to the left, said
curve having a central angle of 630181" and a
radius of 75.00 feet; thence along the arc of
said curve a distance of 82.88 feet to the
point of tangency; thence North along the West
right-of-way of said Falcon Avenue a distance
of 302.57 feet; thence West a distance of
100.00 feet to the Point of Beginning.
Containing 0.850 acres more of less.
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
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Irstnient# 2005-097855 # 3
Book: 5533
Page: 4141
Diane M. Matousek
Volusia Caurty, Cleric of Caurt
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 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 Councilwoman
Martin, 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.
ATTEST:
CITY COUNCIL OF THE
CITY OF //E��//D,,�GEWATER, FLORIDA
By: r
OF�'.
Jack H. yman, Sr.'
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Al
rista A. Storey
City Attorney
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