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ORDINANCE NO. 94-0-12
AN ORDINANCE CHANGING THE FUTURE LAND USE
DESIGNATION OF THE EDGEWATER COMPREHENSIVE
PLAN FROM MEDIUM DENSITY RESIDENTIAL TO
COMMERCIAL FOR PROPERTY LOCATED AT 299 FALCON
AVENUE; 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. 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. To be consistent with
the comprehensive plan, the subject parcel now designated as Medium
Density Residential 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 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:
PART A.
CHANGE IN FUTURE LAND USE DESIGNATION.
The Future Land Use designation for the following described
property is hereby changed from Medium Density Residential to
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Commercial:
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
63018'49" 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 63018'" 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.
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.
PART E.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof
in conflict with this ordinance, are hereby superseded by this
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Underlined passages are added.
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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 Mitchum and Second by Councilman
Hays, 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
Hy:
U//Sack H , ryayman, Sr. Mayor`/
APPROVED FOR FORM
AND CORRECTNESS:
R ista A. Storey
City Attorney
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