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Instrument# 2005-097829 # 1
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Page: 4045
ORDINANCE NO. 93-0-04
AN ORDINANCE GRANTING A CHANGE IN ZONING
CLASSIFICATION FROM MULTI -FAMILY RESIDENTIAL
DISTRICT TO LIGHT INDUSTRIAL FOR PROPERTY
LOCATED AT THE NORTH SIDE OF CHEETAH DRIVE
BETWEEN F.E.C. RAILROAD AND CANAL ROAD;
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 owner, John W. Sikes,
submitted an application for a change in zoning classification from
R-5 (Multi -Family District) to I-1 (Light Industrial District) for
the property described below.
2. Pursuant to Section 1101 of the Edgewater Zoning
Ordinance, on February 11, 1993, the Land Development and
a1Qe. Regulatory Agency considered the application and by a vote of 4 to
4N011 1 recommended that the City Council approve the request.
3. On March 1, 1993, the City Council considered the
application on first reading.
4. Pursuant to Section 1103 of the Edgewater Zoning
Ordinance on April 5, 1993, the City Council held a public hearing
on the application after publishing notice of such hearing in the
Daytona News Journal on March 19, 1993 and March 29, 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. CHARGE 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-5 (Multi -Family Residential District) to
I-1 (Light Industrial District):
The Easterly 125.00 feet of the Westerly
315.00 feet of Lot 24, East of the Florida
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Underlined passages are added.
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East Coast Railroad, a 100 foot right of way,
except road right of way deeded to the City of
Edgewater in official Records Book 1641, Page
97, Public Records of Volusia County, Florida,
and except the North 250 feet, Assessor's
Subdivision Shepard and Sanchez Grant, as per
plat recorded in Map Book 3, Page 49, Public
Records of Volusia County, Florida. Subject
to an easement over the northerly 5 feet for
utilities.
PART B. AMENDMENT OF THE OFFICIAL ZONING NAP 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.
After Motion by Councilman Hays and Second by Councilwoman
Martin, the vote on the first reading of this ordinance held on
March 1, 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
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Diane M. Matousek
Volusia Canty, Clerk of Court
After Motion by Councilman Jones and Second by Councilman
Mitchum, 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 5th day of April, 1993.
CITY COUNCIL OF THE
CITY F EDGEWATER, FLORIDA
By:
Jack H.
Mayor
APPROV OR FORM
AND CORRECTNESS:
IRVista A. Storey
City Attorney
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