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ORDINANCE NO. 93-0-06
AN ORDINANCE CHANGING THE FUTURE LAND USE
DESIGNATION OF THE EDGEWATER COMPREHENSIVE
PLAN FROM INDUSTRIAL TO COMMERCIAL FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
PARK AVENUE AND CAROL ANN DRIVE; 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
PROVIS IONS, 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-I (Light Industrial) to B-2 (Neighborhood
Business District) for the property described below.
To be
consistent with the comprehensive plan, the subject parcel now
designated as Industrial on the Future Land Use Map should be
changed to Commercial.
2. On February 11, 1993, 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 4 to 3 recommended that the
City Council approve the request.
3. On May 3, 1993, 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
May 3, 1993, 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 April 27, 1993.
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 Industrial to Commercial:
The North 300.00 feet of the East 150.00 feet
Struck through passages are deleted.
Underlined passages are added.
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of the West 1754.00 feet as measured on the
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
OOmin 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.
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 directs the location of smaller commercial uses to
major collectors such as Park Avenue.
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
Struok through passages are deleted.
Underlined passages are added.
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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 Councilwoman Martin and Second by Councilman
Mitchum, 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 Jones 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
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PASSED AND DULY ADOPTED this 7th day of June, 1993.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: 7
:or
H. H n, Sr.
ayor
By:
FOR FORM
AND CORRECTNESS:
R ista A. Storey
City Attorney
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