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2001-O-17 c., w .~ ORDINANCE NO. 2001-0-17 AN ORDINANCE OF THE CITY OF EDGEW A TER AlVIENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 90-0-18; BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE PROPERTY AS MIXED USE WITH A CONSERVATION OVERLAY TO REFLECT ANNEXATION; PROVIDING FOR PUBLICATION; PROVIDING FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR TRANSMITTING THIS COMPREHENSIVE PLAN AlVIENDMENT TO THE FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA GRO\VTH MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THE DEP ARTMENT OF ENVIRONMENTAL PROTECTION, THE FLORIDA DEPARTMENT OF TRANSPORTATION AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AlVIENDMENT; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. \Vhereas, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and Whereas, a Public Hearing on the question of establishing future land use designations of the properties hereinafter described has been duly held in the City of Edge water, Florida and at such hearing, interested parties and citizens for and/or against the proposed establishment of the future land use designations were heard; and Whereas, such amendments are permitted subject to the provisions of Chapter 163, F.S. and Rule 9J-11, F.A.C. Whereas, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2000), on #2001-0-17 (#9) Stl uc:k thlougl. passages are deleted. Underlined passages are added. ,) o o Wednesday, April 11, 2001, on the proposed Plan Amendments and following that Public Hearing voted and recommended that the City Council approve the aforesaid Amendments to the City's 1990 Comprehensive Plan; and Whereas, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 1990 Comprehensive Plan as more particularly set forth hereinafter. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA: PART A. AMENDMENT. That Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented said Article adopting the Comprehensive Plan ofthe City of Edge water, Florida regulating and restricting the use oflands located within the City of Edge water, Florida, be, and the same is hereby amended by this plan map amendment number nine (9) to: Amend the Official Future Land Use Map to include property as Mixed Use with a Conservation Overlay to reflect annexation of property as described in Exhibit 9. PART B. PUBLICATION. That the notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 ( 15) (c), Fla. Stat. (2000). The City Council shall hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendments. The first publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal Hearing). 163.3184 ( 15) (b) 1., Fla. Stat. (2000). The second publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2., Fla. Stat. (2000). The required advertisement shall be no less than two columns wide by TEN #2001-0-17 (#9) Stl lick thlOUgl. passages are deleted. Underlined passages are added. 2 .0 <J inches (10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement shall be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the City of Edge water, and of general interest and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is published at least FIVE (5) days a week, unless the only newspaper in the municipality is published less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2000). The advertisement shall substantially be in the following form: Notice of Land Use Change The City of Edgewater proposes to adopt the following ordinance: ORDINANCE NO. 2001-0-17 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 90-0-18; BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE PROPERTY AS MIXED USE WITH A CONSERVATION OVERLAY TO REFLECT ANNEXATION; PROVIDING FOR PUBLICATION; PROVIDING FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR TRANSMITTING THIS COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA GROWTH MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE FLORIDA DEPARTMENT OF TRANSPORT A TION AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVER.i~MENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. #2001-0-17 (#9) Stl \;Kk till ough passages are deleted. Underlined passages are added. .., .J o o A public hearing on the ordinance changing the Future Land Use Map will be held on June 18,2001 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. (Jvlap for insertion into the advertisement is attached hereto and incorporated herein as Exhibit "A '') The advertisement shall contain a geographical-location map which clearly indicates the area covered by the proposed ordinance. The map shall also include major street names as a means of identification of the general area. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2000). PART C. PUBLIC HEARINGS. That as a condition precedent to the adoption of this ordinance amending the City's 1990 Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the proposed comprehensive plan or plan amendment as follows: The first public hearing shall be held at the transmittal stage pursuant to subsection 163.3184 (15) (b), Fla. Stat. It shall be held on a weekday at least 7 days after the day that the first advertisement is published. The second public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days after the day that the second advertisement is published. 163.3184, Fla. Stat. (2000). The Adoption Hearing shall be held within 120 days of the Department of Community Affairs having issued its Objections, Comments, and Recommendations Report to the City. PART D. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send SIX (6) copies of the proposed Plan Amendments to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team, and all other items specified to be transmitted in accordance with Rule 9J-11.006, F.A.C. The City Manager or his designee shall also, #2001-0-17 (#9) StlUck tllloug,h passages are deleted. Underlined passages are added. 4 o o .' immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendments to the V olusia Growth Management Commission, V olusia County, Regional Planning Council, the St. Johns River Water Management District, (Water Management District), Florida Department of Transportation, Department of Environmental Protection and to any other unit oflocal government or governmental agency in the State that has filed a written request with the City of Edgewater for a copy of such plan amendments. 163.3184 (3) (a), Fla. Stat. (2000) and Rule 9J-11.006, F.A.C. 'Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit FIVE (5) copies of the Plan Amendments and a copy of this ordinance to the Department of Community Affairs. The City Manager or his designee shall also transmit within TEN (10) working days a copy of the adopted Amendments to the Comprehensive Plan to the Vo1usia Growth Management Commission, Volusia County, Regional Planning Council, the St. Johns River Water Management District (Water Management District), Florida Department of Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2000) & Rule 9J-l1.011 (3), F.A.C. 'PART E. CONFLICTING ORDINANCES. That all ordinances or parts thereof that are in conflict with this ordinance shall be and the same are hereby rescinded and repealed. PART F. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption; and either the Department of Community Affairs entering a final order finding these Comprehensive Plan Amendments in compliance, or the Administration Commission entering a final order finding that these Comprehensive Plan Amendments have been brought into compliance. #2001-0-17 (#9) StJ lick tIll otlgh passages are deleted. Underlined passages are added. 5 o <) PARTG. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART H. ADOPTION. After Motion by Councilman Brown and Second by Councilman Vincenzi, the vote on the fIrst reading of this ordinance held on June 18,2001 is as follows: . AYE NAY Mayor Donald A. Schmidt x Councilman James P. Brown x Councilman Dennis A. Vincerizi x Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter. x After Motion byr.mmd lman Vincenzi and Second by Councilwoman Rhodes the vote on the second reading of this ordinance was as follows: #2001-0-17 (#9) StI tick till ongh passages are deleted. Underlined passages are added.. 6 N PASSED AND DULY ADOPTED this day of December , 2001. N , ,$)maq J.Wadst orth City Clerk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner #2001-0-17 (#9) SCnek t!Heagl passages are deleted. Underlined passages are added. 7 CITY COUNCIL OF THE CITY OF EDGEWpATER, FLORIDA Donald A. Schmidt Mayor C L. Matusi a Rob' ck Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this i 7rh day of December 2001 under Agenda Item No. 6—i o . 0 EXHIBIT i. 9 <jz 0; ~ <::> <::> '" ...., <::> ~ <::> ~ -.....- ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ o o (J .' CITY OF EDGEWATER COMPREHENSIVE PLAN MAP AMENDMENT (Land Use Map Amendment #9) I. GENERAL INFORMATION A. Requested Future Land Use Change: From - V olusia County (Low Impact Urban) To - Mixed Use with a Conservation Overlay B. Applicant: City of Edgewater C. Owner: Edentown Company 110 East Hillcrest Street Orlando, FL D. Location: This amendment is located in Section 5, Township 18 South, Range 34E. E. Acreage: 89.91 Acres F. Existing Use of Property: The site is comprised of an inactive citrus grove. G. Proposed Use of Property: A mixed use development with business planned unit development zoning,. H. Parcel Identification Number(s): 8438-02-00-0110 (35.30 Acres) 8438-02-00-0130 (50.54 Acres) I. Adjacent Existing and Future Land Uses: Adjacent Existing Use Adjacent Future Land Use North V olusia County - Vacant V olusia County - Low Impact Urban V olusia County - Residential and V olusia County - Low Impact East Agricul tural Urban V olusia County - Residential and V olusia County - Low Impact South Vacant and City Vacant Urban!Urban Low Intensity West Volusia County - Vacant Wooded V olusia County - Low Impact and Active Borrow Pit Urban/Rural o o " II. ANALYSIS A. Background: The history of this site includes its former use as a citrus grove. B. Land Use Compatibility: Currently~ the adjacent north and west parcels are vacant. On the east side there is an active citrus grove and on the south there is one single family residence (trailer). The adjacent properties are all proposed for low impact urban uses. C. Adequate Public Facilities: There is no potable water or sanitary sewer currently available to the property. However, the site is located very close to the new water treatment plant and lines are planned for SR 442 in the future. The site is located adjacent to SR 442. The site is also located within one mile of the Interstate 95 interchange. D. Natural Environment: The site is an inactive citrus grove. Soils subtending this parcel are not hydric and historic vegetative communities were likely pine flatwoods and mixed mesic hardwoods and conifers. The northern portion of the parcel retains portions of these communities which extend off-site to the north.... The soil suitability is classified as being poor for citrus growth and having a medium potential for community development. E. Consistency with Comprehensive Plan: Typically, more intense uses are encouraged when a parcel has direct access to a major roadway to serve the community. By developing the site under the Mixed Use category, the property can provide a mixture of uses that will increase the efficiency of delivering services while also reducing impacts on existing and proposed infrastructure. The conservation overlay designation will protect natural resources existing on- site. . F. Other Matters: The development of this site should encourage clustering of structures to protection of natural resources. III. STAFF RECOMMENDATION Staff recommends approval of the Comprehensive Plan Map Anlendment of the subject site from Volusia County - Low Impact Urban to Mixed Use with a Conservation Overlay for the following reasons: 1. It is consistent with the City's Comprehensive Plan. 2. It is compatible with the surrounding mix of County and City land uses. 3. The site has been previously altered for agricultural uses. 4. The Mixed Use land use category requires a master plan and the use of mixed use zoning. 5. The site has adequate access to a major thoroughfare, SR 442, as well as good regional access to the interstate system. / / / / o EXHIBIT A LEGAL DESCRJPTION o PARCEL #1: Excepting the North 363 feet of Lot 4, the Easterly 50 feet ofU. S. Lots 4,5 and 6, Section 5, Township 18 South; Range 34 East, lying north of State Road No. 442, Volusia County, Florida. PARCEL #2: Lots 11 through 18, inclusive, Map of Harris First Subdivision, of a part of SarilUel Betts Grant, according to the plat thereof as recorded in Map Book 7, Page 73 of the Public Records of Volusia County, Florida, Section 38, Township 18 South; Range 34 East, Volusia County, Flo rida. The above described property being more particularly described by metes and bounds description as follows: As a point of reference commence at the Northeast comer of U. S. Lot 4, Section 5, Township 18 South; Range 34 East, said point being a 1/2" electrical metal tubing pipe and being Certified Corner #0005904; thence S 210 27' 28" E along the easterly line of said U. S. Lot 4, a distance of 385.46 feet for the I'oint of Beginning; thence continue S 210 27' 28" E along said easterly line ofU. S. Lot 4, a distance of 169.71 feet t6 the Northwest corner of Lot 18, Harris First Subdivision, according to plat thereof recorded in Map Book 7, Page 73 of the Public Records of V olusia County, Florida; thence N 690 14' 14" E along the northerly line of said Lot 18, a distance of 1135.00 feet to the Northeast comer of said Lot 18; thence S 210 27' 28" E iIong the easterly line of said Lots 11 and 13 through 18, inclusive, a distance of 3278.93 feet to the northerly RIW line of State Road No. 442, a 120 foot RfW as now laid out; thence S 680 22' 32" W along said Northerly R1W, a distance of 7.30 feet to a point ofRIW change; thence S 210 37' 28" E along said RfW, a distarice of 10.00 feet to the Northerly line of said State Road No. 442, a 100 foot RfW as now laid out; thence S 680 22' 32" W along said northerly R1W, a distance of 1177.65 feet; thence N 210 27' 28" W along a .line that is 50 feet westerly of and measured perpendicular to the easterly line of U. S. Lots 4, 5 and 6, Section 5, Township 18 South; Range 34 East, a distance of 3493.72 feet to the southerly line of the Northerly 363.00 feet of said U. S. Lot 4; thence N 880 11149" E along the said southerly line, a distance of 53.09 feet to the, Point of Beginning.