93-O-0704/18/2005 10:50 AM
Instnaent# 2005-097M f 1
Book: 5533
Page: 4123
ORDINANCE NO. 93-0-07
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM LIGHT INDUSTRIAL DISTRICT
TO NEIGHBORHOOD BUSINESS DISTRICT FOR PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF PARR AVENUE
AND CAROL ANN DRIVE; 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. The Extended Family, Inc. on behalf of the owner, Bill
Porter, submitted an application for a change in zoning
classification from I-1 (Light Industrial District) to B-2
(Neighborhood Business District) for the property described below.
9w>�
a 2. Pursuant to Section 1101 of the Edgewater Zoning
Ordinance, on March 11, 1993, the Land Development and Regulatory
Agency considered the application and by a vote of 4 to 3
recommended that the City Council approve the request.
3. On April 5, 1993, the City Council considered the
application on first reading.
4. Pursuant to Section 1103 of the Edgewater Zoning
Ordinance on May 3, 1993, the City Council held a public hearing on
the application after publishing notice of such hearing in the
Daytona News Journal on April 19, 1993 and April 27, 1993, and
notifying by mail adjoining property owners.
5. The proposed change in zoning classification is
consistent with the surrounding uses of land in the 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 I-1 (Light Industrial District) to B-2
(Neighborhood Business District):
The North 300.00 feet of the East 150.00 feet
of the West 1754.00 feet as measured on the
StFue!Eeagh passages are deleted.
Underlined passages are added.
93-0-07 1
Irstnient# 2005-097850 i 2
Book: 5533
,,w� Page: 4124
South Line of Lot 37, G. Alvarez Grant also a
portion of platted Park Avenue lying adjacent
to said Lot 37, G. Alvarez Grant per map
recorded in Map Book 3, Page 137 of the Public
Records of Volusia County, Florida, and being
more particularly described as follows: As a
point of reference commence at the Southwest
corner of said G. Alvarez Grant; thence run
North 73deg 58min 06sec East along the South
Line of said G. Alvarez Grant, a distance of
1754.00 feet; thence North 23deg 08min 10sec
West, a distance of 306.58 feet for the Point
of Beginning; thence continue North 23deg 08min
10sec West a distance of 298.87 feet to the
South right of way of Park Avenue as now laid
out; thence South 66deg 46min 28sec West along
said South right of way, a distance of 150.00
feet to the East right of way of Carol Ann
Drive. A 60 foot right of way as now laid
out; thence South 23deg 08min 10sec East along
said East right of way of Carol Ann Drive, a
distance of 299.50 feet; thence North 67deg
00min 54sec East, a distance of 150.00 feet to
the Point of Beginning Containing 44,877.75
square feet or 1.03 acres 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
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.
passages are deleted.
Underlined passages are added.
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Instnaentl 2005-0978W # 3
Book: 5533
Page: 4125
Diane M. Xatousek
Volusia County, Clerk of Court
After Motion by
Councilman Mitchum and
Second by Councilman
Hays, the vote on the
first reading of this ordinance held on April
5, 1993, 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
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 7th day of
June, 1993.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: ✓�
ack H. He , Sr.
ayor
APPROVED FOR FORK
AND CORRECTNESS:
eta A. Storey
City Attorney
Struek threugh passages are deleted.
Underlined passages are added.
93-0-07 3