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ORDINANCE NO. 93-0-03
AN ORDINANCE CHANGING THE FUTURE LAND USE
DESIGNATION OF THE EDGEWATER COMPREHENSIVE
PLAN FROM HIGH DENSITY RESIDENTIAL TO
INDUSTRIAL FOR PROPERTY LOCATED AT THE NORTH
SIDE OF CHEETAH DRIVE BETWEEN F.E.C. RAILROAD
AND CANAL ROAD; 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 owner, John W. Sikes,
submitted an application for a change in zoning classification from
R-5 (Multi-Family District) to 1-1 (Light Industrial District) for
the property described below.
To be consistent with the
comprehensive plan, the subject parcel now designated as High
Density Residential on the Future Land Use Map should be changed to
Industrial.
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 1 recommended that the
City Council approve the request.
3. On March 1, 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
AprilS, 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 March 19,
1993 and March 29, 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 High Denisty Residential to
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Underlined passages are added.
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"Wf/I
Industrial:
The Easterly 125.00 feet of the Westerly
315.00 feet of Lot 24, East of the Florida
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.
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 5.3 of the Future Land Use
Element which addresses the location of I-I Light Industrial
Districts.
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
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
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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 Hays and Second by Councilman
Jones, 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
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. 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 OF EDGEWATER, FLORIDA
By:
ack H, lman, Sr.
Nayor
APPROVED FOR FORM
AND CORRECTNESS:
L)/Kfieta A. Storey
City Attorney
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Underlined passages are added.
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