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ORDINANCE NO. 94-0-09
AN ORDINANCE CHANGING THE FUTURE LAND USE
DESIGNATION OF THE EDGEWATER COMPREHENSIVE
PLAN FROM LOW DENSITY RESIDENTIAL TO
COMMERCIAL FOR PROPERTY LOCATED AT THE
NORTHWEST CORNER OF SOUTH RIVERSIDE DRIVE AND
U. S. HIGHWAY 1; 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. Luis c. Geil on behalf of the owners, James 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. 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 Commercial.
2. On January 26, 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 5 to 0 recommended that the
City Council approve the request.
3. On March 7, 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
April 4, 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 March 17,
1994, and March 28, 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 Low Density Residential to
Commercial:
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.
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 Jones and Second by Councilwoman
Martin, 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 Mitchum, and Second by Councilman
Jones, 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
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PASSED AND DULY ADOPTED this 4th day of April, 1994.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
ack :an, Sr
. .mayor
APPROVED FOR FORM
AND CORRECTNESS:
,Ial -tea, {� l ti �%
Kri to A. Storey
City Attorney
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