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2001-O-24 '- \J u ORDINANCE NO. 2001-0-24 AN ORDINANCE OF THE CITY OF EDGEW A TER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 90-0-18; BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE PROPERTY AS COMMERCIAL TO REFLECT ANNEXATION; PROVIDING FOR PUBLICATION; PROVIDING FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR TRANSMITTING UPON ADOPTION THIS SMALL SCALE COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. Whereas, 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 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 #2001-0-24 Stl tlck till ongh passages are deleted. Underlined passages are added. 1 '-> o 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 A TER , 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 of the City of Edge water, Florida regulating and restricting the use oflands located within the City of Edgewater, Florida, be, and the same is hereby amended by this plan map amendment number 16 to: Amend the Official Future Land Use Map to include property as Commercial to reflect annexation of property as described in Exhibit 16. 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 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 #2001-0-24 StI tick ti.I()tIgh passages are deleted. Underlined passages are added. 2 u o 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. 2001-0-24 AN ORDINANCE OF THE CITY OF EDGEW A TER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 90-0-18; BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE PROPERTY AS COMMERCIAL TO REFLECT ANNEXATION; PROVIDING FOR PUBLICATION; PROVIDING FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR TRANSMITTING UPON ADOPTION THIS SMALL SCALE COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COpy OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 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. (Map for insertion into the advertisement is attached hereto and incorporated herein as Exhibit "A '') #2001-0-24 StI tick thlOtlgh passages are deleted. Underlined passages are added. 3 < u <) 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, immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendments to the V olusia Growth Management Commission, the Regional Planning Council, and to any other unit of local 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 #2001-0-24 Stl tick till otlgh passages are deleted. Underlined passages are added. 4 Q u Rule 9J-l1.006, 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 ofthis 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 V olusia Growth Management Commission, and the Regional Planning Council, 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. PART G. 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. #2001-0-24 St! lick tl110tlgh passages are deleted. Underlined passages are added. 5 o Q 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. Vincenzi x Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter After Motion byC4~:. Li:t... X and Second by ~~ L- the vote on the second reading of this ordinance was as follows: AYE NAY Councilman James P. Brown ~ X ~ Mayor Donald A. Schmidt Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes A-b)e..1 Councilwoman Judy Lichter i #2001-0-24 StI tick till ough passages are deleted. Underlined passages are added. 6 C PASSED AND DULY ADOPTED this Y day of/�,,.,.,.�� , 2001. 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 #2001-0-24 Shxktit enyh passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEWATEERR, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this S day of 2001 under Agenda It No. G/� u u CITY OF EDG EW A TER COMPREHENSIVE PLAN MAP AMENDMENT (Amendment #16) I. GENERAL INFORMATION A. Requested Future Land Use Change: From - V olusia County (Low Impact Urban) To - Commercial E. Applicant: City of Edge water C. Owner: A & M Repairs, Inc. PO Box 880 Edgewater, FL D. Location: 3220 West Indian River Boulevard at the intersection of Cow Creek Road. It is located in Section 5, Township 18 South, Range 34 East. E. Acreage: 4.69 Acres F. Existing Use of Property: The subject property is a developed highway service commercial use, Florida Shores Truck Center. G. Proposed Use of Property: There is no proposed change to the use of the property. H. Parcel Identification Number(s): 8405-00-00-0062 (4.69 Acres) I. Adjacent Existing and Future Land Uses: ;1 Adjacent Existing Use Adjacent Future Land Use North V olusia County - Vacant and City State Road 442 and V olusia County Water Treatment Plant - Low Impact Urban V olusia County - Vacant Low Impact Urban East V olusia County - Vacant Low Impact Urban and Open Space South West N/ A (due to the triangular shape of N/ A (due to the triangular shape of the parcel) the parcel) .. {.) u II. ANALYSIS A. Background: The site has been developed as a truck center. The site has excellent access to the Interstate, 95 interchange which allows it to service the . regIOn. B. Land Use Compatibility: The surrounding uses include awater treatment plant to the north which has a natural buffer, a large lake/borrow pit to the south, and vacant land. ' C. Adequate Public Facilities: Currently, the site is serviced with potable water and a private septic sewer system. The parcel is located within the City's Utility Service Area. The site is accessible by a major thoroughfare, S.R. 442. D. Natural Environment: Some native plant communities remain within the limits of this parcel, but all have been altered and degraded by past land use and the proximity to S.R. 442. The soil suitability is classified as having low potential for community development. E. Consistency with Comprehensive Plan: The existing automobile service development is consistent with the City's Commercial' land use designation for highway service uses. F. Other Matters: Redevelopment of the site would require conformance to the City's Land Development Regulations. III. STAFF RECOMMENDATION Staff recommends approval of the Comprehensive Plan Map Amendment of the subject site from Volusia County (Low Impact Urban) to Commercial 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 proposed designation is consistent with the existing use of the property. .. Q (J .1 EXHIBIT A , , LEGAL DESCRIPTION ~ommence at the Southeast corner of the Samuel Betts Grant, being also, ;ection 38, Township 18 South, Range 34 East; thence. South 69 degrees '39 minutes 28 seconds West along the South line of said Samuel Betts Grant, a distance of 1800.00 feet to a point, said point being the intersection of the Northerly extention of the West.line of Florida Shores Unit No. 15, as recorded in Map Book 19, page 216 of the Public Records of Volusia County, Florida with the South line of the Samuel Betts Grant; thence ~ontinuing along ~aid South line South 69 degrees 38 minut~s-30 seconds West,' a distance of 152.39 feet to a point on the East line of Air Park Road, a 50 foot right-of-way as now surveyed, said point being also the POINT OF BEGINNING; thence North 23 degrees 24 minutes 10 seconds West along the East line of said,Air Park Road, a distance of 1818.2,6 feet; thence continuing, along said East line North 7 degrees 20 minutes 18 seconds West, a distance of 175.44 feet; thence departing said East line South 69 degrees 38 minutes 30 seconds West, a distance of 420.72 feet; thence North 7 degrees 20 minutes 18 seconds West, a distance of 125.00 feet;,thence North 69 degrees 32 minutes D9 seconds East, a distance of 370.16 feet to a point on the West line of Air Park Road; thence Northerly along said West line North 7 degrees 20, minutes 18' seconds West, a distance of 15.05 feet; North 0 'degrees 42 rnfnutes ,OS seconds West, a distance of 234.95 feet; thence d~parting said West line of Air Park Road South 69 degrees 38 minutes 30 seconds West,a distance of 370.00 feet; thence North 6 degrees 17 minutes 40 seconds East, a distance of 136.94 feet; thence North 21 degrees 06 minutes 40 seconds West, a istance of 194.65 feet to a point on the South line of state Road 442; thence'Nor.th 69 degrees 02 minutes 06'seconds East along said South line of State Road 442, a distance of 225.00 feet; thence departing said South line North 21 degrees 06 minutes 40 seconds West , along the East line of Lot 38 of the Assessor's Subdivisiori of the Samuel Betts Grant, as recorded in Map Book 3, page 153 of the Public Records o~ Volusia County~ Florida, a distance of '399.97 feet to the ' Northeast corner of said Lot 38; thence South 69 degrees ,38 minutes 30 seconds West along the North line of said Lot 38, a distance of 381.,00 . feet; thence departing said ,North line South 21 degrees 06 minutes 40 seconds East, a distance of 288.23 feet to a point on the North line of State Road 442 said point being on a curve concave to the , Southeast, having a radius of 2924.79 feet, a central angle of 2 degrees 53 minutes 52 seconds, and a chord of 147.91 feet bearing South 64 degrees 43 minutes 07 seconds West; thence Southwesterly along said curve; a distance of 147.92 feet to' a point of right-of-way 'change; thence South 26 degrees 43 minutes 49 seconds East, a distance of 10.00 feet to the point of curvature of a curve ,concave to the , Southeas~, having a radius of 2914.79 feet, a central angle of 13 degrees 19 minutes 00 seconds, and a chord of 675.93 feet bearing, South 56 degrees 36 minutes 41 seconds West; thence 'Southwesterly ,along,,said curve, a dis1::ance of 677.45 feet to the point of tangency o~ sa~d curve; thence South 49 degrees 57 minutes 11 'seconds West, a ' d~stance of 3098.06 feet to a poirit on the centerline of Hide-a-way Lane, a private road easement; thence North 21 degrees' 06:minu~es 40 ,-~conds West along said centerline, a distance of, 489.65 feet; thence . .p~rtingsaid centerline South 69 degrees 38 minutes 30 seconds West, a d~stance of 589.31 feet; thence South 21 degrees 06 minu1::es 40 : Seconds East, a distance of 670.17 feet to a point on the North line Of State Road 442 said point being on a curve concave to the ,~orthwest, havinaa radint:: n-F ?A'.l\. 70 4=,...,..... _ ___-'-___. .,.. ...1 .. t u (.) south 62 degrees 09 minutes 17 seconds West; thence Southwesterly along said curve, a distance of 407.10 feet to a point of right-of-way change; thence North 23 degrees 42 minutes 07 seconds West, a distance of 10.00 feet to the point of.curvature of a curve concave to the Northwest, having a radius of 2804.79 feet, a central angle of 2 degrees 09 minutes 18 seconds, and a chord of 105.49 feet bearing South 67 degrees 22 minutes 32 seconds West; thence Southwesterly along said curve, a distance of 105.49 feet to the point of tangency of said curve; thenceSduth 68 degrees 27 minutes 11 seconds West, a distance of 914.81 feet; thence departing said North line of State Road 442 South 21 degrees 07 minutes 05 seconds East along the Easterly line of lot 4 and its Northerly prolongation, Model Land Company Subdivision, as recorded in Map Book 5,page 187 of the Public Records of Volusia county, Florida, a distance of ,1310.80 feet to the Southeast corner of said Lot 4; thence South 69 degrees. 38 minutes 30 seconds West along the Southerly line of Lots 4, 3 and 2 of said Model Land Company Subdivision, a distance of 1050.00 feet to the Southwest corner of said Lot 2; thence North 21 degrees 07 minutes 05 seconds West along the Westerly line of said Lot 2 and its Northerly . prolongation, a distance of 1279.02 feet to a point on the North line of State Road 442; thence South 68 degrees 27 minutes 11 seconds West along said North line, a distance of 866.23 feet to the point of . curvature of a curve concave to the North,having a radius of 1859.86 feet and a central angle of 10 degrees 39 minutes 52 seconds; thence Westerly along said curve, a distance of 346.18 feet; thence South 79 degrees 06 minutes 53 seconds West, a distance of 87.67 feet; thence North 18 degrees 02 minutes 49 seconds West, a distance of 62.97 feet; thence South 71 degrees 56.minutes 48 seconds West, a distance of .99.88 feet; thence departing said North line of State Road 442 North 17 degree~ 58 minutes 53 seconds West, a distance. of 4039.91 feet to a point on the North line of U. S. Lot 4, Section 5, Township 18 South, Range 34 East; thence South 88 degrees 12 minutes 37 seconds West along said North line, a distance of 756.17 feet to the Northwest corner o~ said U. S. Lot 4; thence North 0 degrees 28 minutes 08 seconds East along the West line of-said Section 5, a distance of 1342.03 feet; thence departing:said West line South 87 degrees 29. minutes 46 seconds West, a distance of 49.85 feet;. thence South 0 degrees 28 minutes 47 seconds West and parallel to the said West line of Section 5, a distance of 1340.83 feet; thence South 24 degrees 24 . minutes 36 seco~ds East, a distance of 4495.22 feet. to a point on the . South line of State Road. 442.; thence South 89 degrees 41 minutes 55 seconds West along said South line, a.distance of 74.87 feet; thence departing said South line South 0 degrees 13 minutes 04 seconds East, a distance of 175.00 feet; thence South 89 degrees 46 minutes 56 seconds West, a .distance of 175.00 feet; thence North 0 degrees 15. minutes 04 seconds West, a distance of 257.86 feet to a point on the North line of. Section 8, Township 18 South .Range 34 East; thence South. 89 degrees 49 minutes 00 seconds West along said North line of Section 8, a distance of 1608.50 feet to the Northeast corner of Section. 7, Township 18 South, Range 3~ East; thence North 89 degrees 45 minutes 02 seconds West along the, North line of said Section 7, a distance of 5965.00 feet to the Northwest corner of said. Section 7; thence South 1 degree 28 minutes 17 seconds.East along the West line of said Section .7, a distance of 5301.95 feet to the Southwest corner of said Section ; thence South 89 degrees 45 minutes 12 seconds East along the South .tine of said. Section 7, .a distance of 5930.70 feet to the Southwest. corner of Section 8 aforesaid; thence North 89 degrees 20 minutes 54 seconds East along the South line of said Section 8, a distance of 2641.31 feet to. the South quarter corner of said Section 8; thence 1\1,..._...... '- OIl . :~ . " u (J .J . .... section 8, a distance of 2643.04 feet to the center of said Section 8; thence continuing along the centerline of said Section 8 North 1 . degree 02 minutes 59 seconds West, a distance of 1320.00 feet to the ~ Southwest corner of Lot 1 Model Land Company Subdivision, as recorded in Map Book 5, page 188 of the Public Records of Volusia County, Florida; thence East along the .South line of Lots.1 through 4 and its Easterly prolongation, a distance of 2650.00 feet to a point which is 10 feet East of the West line of section 9, Township 18 Sout~, Range 34. East; thence North and parallel to said West line of Section 9, a -distance of 1258.83 feet to a point. on the -South line of the Samuel Betts Grant; thence North 69. degrees 38 minutes 30 seconds East, a distance of 3100.17 feet; thence departing the South line of said Sai11uel Betts Grant North 21 degrees 07 minutes 05 seconds West, a distance of 622.50 feet; thence North 69 degrees 38 minutes 30 seconds East, a distance of 700.00 feet; thence North 21 degrees 07 minutes 05 seconds West, a distance of 622.50 feet; thence North 69 d~grees 38 minutes 30.second~ East, a distance of 1050.00 feet~ thence South 21 degrees 07 minutes 05 seconds East, a distance of 199.74 feet; thence North 69 degrees 38 minutes 30 seconds East, a distance of 350.00 feet; thence South 21 degrees 07 minutes 05 seconds East, a distance of 1045.26 feet to a point on the South line of the Samuel Betts. Grant; thence North 69 degrees 38 minutes 30 seconds East along said South line, a distance of 428.32 feet to a point on the West edge of an existing shell road ( Air Park Road ); thence departing ~aid South li~e South 20 degrees 21 minutes 30 seconds East, a distance of 40.00 fe~t. to .the point: of curvature of a curve concave to the Northeast, having a radius pf 65.00 feet and a central ang~e of 90 degrees 00 minutes 00 .seconds; thence Southeasterly along the -arc of said curve a distance of 102.10 feet.to the point of tangency of said curve; thence North 69 degrees 38 minutes 30. .seconds East,. a distance of 128 .77 feet to a point on the West- line of Florida Shores Unit No. 15 aforesaid; themce North 21 degreel;l 06 minutes 41 seconds West along said West line, a distance of 30.00 feet;. thence departing said West line South 69 degree~ 38 minutes 30 seconds West, a distance of 128.38 feet. to the point of curvature of-. a curve, concave to the Northeast, having a radius of.35.00 feet and a central angle of 90 degrees 00 minutes 00 seconds; thence Northwesterly along. the arc of said curve, a distance of 54.98 fee~ to the point of tang~ncy of said curve; thence North 20 degrees 21 m~nutes 30 secpnds West, a distance of 40.00.feet to a point on the South line of the Samuel Betts Grant; thence North 69 degrees.38 minutes 30 seconds East along said South line, a distance of 10.00 feet to the POINT OF BEGINNING; said described tract containing 1,413.42 acres (61,568,556.94 square feet), rnoreor less. ~~ Ronald W..Lucas,FL. 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