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ORDINANCE NO. 94-0-10
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM R-2 (SINGLE-FAMILY
RESIDENTIAL DISTRICT) TO B-3 (HIGHWAY SERVICE
BUSINESS DISTRICT) FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF SOUTH RIVERSIDE DRIVE AND
U.S. HIGHWAY 1; 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. Luis C. Geil on behalf of the owners, J.C. and Rosemary
Carder, submitted an application for a change in zoning
classification from R-2 (Single -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 January 26, 1994, the Land Development and Regulatory
Agency considered the application and by a vote of 5 to 0
. recommended that the City Council approve the request.
3. On March 7, 1994, the City Council considered the
application on first reading.
4. Pursuant to Section 1103 of the Edgewater Zoning
Ordinance on April 4, 1994, the City Council held a public hearing
on the application after publishing notice of such hearing in the
Daytona News Journal on March 17, 1994, and March 28, 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 existing district boundaries are not drawn logically
in relation to the property proposed for change.
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 significant negative
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effect on the character of the surrounding area.
NOW THEREFORE, BE IT ENACTED by the People of the City of
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-2 (Single -Family Residential District) to
B-3 (Highway Service Business District):
A portion of U. S. Lot 5, Section 2, Township
18 South, Range 34 East, City of Edgewater,
Volusia County, Florida, being more
particularly described as follows: COMMENCE
at the Southwest corner of Lot 13, Block 3,
RIVEREDGE ACRES SUBDIVISION as shown on map
thereof recorded in Map Book 9, Page 260, of
the Public Records of Volusia County, Florida;
thence North 89011,32" East along the South
line of said Lot 13, a distance of 333.46 feet
to the POINT OF BEGINNING, said point being
the Southeast corner of said Lot 13; thence
continuing Easterly along the South line of
Lot 12, Block 3, said RIVEREDGE ACRES
SUBDIVISION, a distance of 204.95 feet; thence
South 0007'11" East, a distance of 412.15
feet; thence North 26041'41"West and parallel
with the Easterly right-of-way line of U. S.
Highway No. 1, a distance of 458.09 feet to
the POINT OF BEGINNING; said described tract
containing 0.97 acres (42,232.28 square feet),
more or 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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Diane M. Matousek
Volusia Candy, Cleric of Court
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 March
7, 1994, 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
After Motion by Councilman Hays and
Second by Councilman
Jones, the vote on the second reading of this ordinance was as
follows:
Mayor Jack H. Hayman, Sr.
NAY
Councilman Kirk Jones
AYE
Councilwoman Louise A. Martin
NAY
Councilman Mike Hays
AYE
Councilman David L. Mitchum
AYE
PASSED AND DULY ADOPTED this 4th day of
April 1994.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By
V APPROVED FOR FORM
AND CORRECTNESS:
ista A. Storey -
City Attorney
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