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2021-O-31 - Dionna CPA ORDINANCE NO.2021-0-31 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM VOLUSIA COUNTY URBAN MEDIUM INTENSITY TO CITY HIGH DENSITY RESIDENTIAL WITH CONSERVATION OVERLAY FOR 21.49± ACRES OF CERTAIN REAL PROPERTY LOCATED WEST OF OLD MISSION ROAD AND SOUTH OF ESLINGER ROAD, EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Adam Dianna, applicant, has applied for an amendment to the Comprehensive Plan Future Land Use Map to include property located west of Old Mission Road and south of Eslinger Road within Volusia County, Florida as High Density Residential with Conservation Overlay. Subject property contains approximately 21.49±acres. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat., on Wednesday, December 8, 2021,and recommended that the City Council approve the proposed Plan Amendment; WHEREAS, the City Council feels it is in the hest interests of the citizens of the City of Edgewater to amend its Comprehensive Plan as more particularly set forth hereinafter. NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA: PART A. AMENDMENT. Ordinance No. 81-0-10, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located eo*\ Silke t#re -passages are deleted, 1 Underlined passages are added. 2021-0-31 within the City of Edgewater, Florida, shall be amended to include property described in Exhibits"A"and "B"on the Future Land Use Map as Industrial with Conservation Overlay. PART B. PUBLIC BEARINGS. It is hereby found that a public hearing held by the City Council to consider adoption of this ordinance on February 7,2022, at 6:00 p.m. in the City Council Chambers at City Hall, 104 N. Riverside Drive,Florida,after notice published at least 10 days prior to hearing is deemed to comply with 163.3184,Fla. Stat. PART C. CONFLICTING PROVISIONS. All ordinances and resolutions,or parts thereof that are in conflict with this ordinance, are hereby superseded by this ordinance to the extent of such conflict. PART D. EFFECTIVE DATE. The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the state land planning agency notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. The amendment shall also not be effective until certification is received from the Volusia Growth Management Commission. SWee thFav*passages are deleted. 2 Underlined passages are added. 2021-0-31 aim PARTE. 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 rernainingy, portions of this ordinance. If this ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, with property, or circumstance. PART F. ADOPTION. After Motion to approve by Councilwoman OKeefe, and Second by Councilwoman Power, the vote on first reading of this ordinance which was held on January 10, 2022, was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Clu-istine Power X Councilwoman Gigi Bennington EXCUSED Councilwoman Megan OKeefe X Councilman Jonah Powers X After Motion to approve by Lunc," and Second by tI , I (-,r the vote on second reading/public hearing of this ordinance which was held onk Ln i,Lt-c) z,4 was as follows: Stf�rou2-44-passages are deleted. Underlined passages are added. 2021-0-31 AYE NAY Mayor Mike Thomas Ulk�7D Councilwoman Christine Power Councilwoman Gigi Bennington X Councilwoman Megan O'Keefe X Councilman Jonah Powers PASSED AND DULY ADOPTED thisl day of hvk(.'L,>V— 2022. j CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA Gigi Be ining on Vice-Mayor ATTEST:, Bonnie City Clerk For the use and reliance only by the City of Edgewater, Florida Approved as to form and legality by: Aaron R. Wolfe, Esquire City Attorney Doran, Sims, Wolfe& Yoon Approved by the City Council of the City of Edgewater at a meeting held on this day of 2022 "y under Agenda]tem N�08'_ Stf ike througg4i-passages are deleted. 4 Underlined passages are added. 2021-0-31 EXHIBIT"A" LEGAL DESCRIPTION A portion of Lots 2 and 3, Block "B", LOVEJOY'S FIRST SUBDIVISION in the Middle 1/3 of the Ambrose Hull Grant, according to the plat thereof as recorded in Plat Book 8, Page 110 of the Public Records of Volusia County, Florida, being more particularly described as follows: Beginning at the Northwest comer of said Lot 2, Block "B"; thence N 58 degrees 04' 00" E along the monumented Northerly line of said Lot 2, Block "B", a distance of 1086.78 feet to the monumented Westerly line of Old Mission Road; thence S 05 degrees 40' 35" W along the aforementioned line, a distance of 386.80 feet to the point of curvature of a curve, said curve being concave to the left, having a radius of 2914.79 feet, a central angle of 19 degrees 04' 56", a chord bearing and distance of S 03 degrees 54' 20" E, 966.29 feet; thence along said curve an are distance of 970.76 feet; thence S 13 degrees 20'28"E,a distance of 428.55 feet to the monumented Southerly line of said Lot 3, Block "B"; thence S 69 degrees 04' 24" W along the aforementioned line, a distance of 273.90 feet to the Southwest comer of said Lot 3, Block "B"; thence N 31 degrees 35' 56"W along the monumented Westerly line of said Lots 2 and 3, Block"B", a distance of 1513.30 feet to the Point of Beginning. 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