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2001-O-78 OW' ....", ORDINANCE NO. 2001-0-78 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 90-0-18 BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY AND ENVIRONMENTAL SYSTEMS CORRIDOR TO CITY COMMERCIAL FOR PROPERTY LOCATED ON THE SOUTH SIDE OF STATE ROAD #442 AND EAST OF INTERSTATE #1-95, EDGEW A TER, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR FILING WITH 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 PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council of the City of Edgewater, Florida, has made the following determinations: 1. In an effort to be consistent with the City of Edgewater Comprehensive Plan, the City submitted an application requesting a Comprehensive Plan Amendment for property owned by Charles 1. Barry and Phyllis V. Barry. The subject property is located on the south side of State Road #442 and East of Interstate #1-95 and contains approximately 10.00 acres. The requested Amendment would change the Future Land Use Map designation from County Urban Low Intensity and Environmental Systems Corridor to City Commercial for the property described herein. 2. In a letter dated October 15, 2001, the Planning Department notified the owners by mail of the property of the pending Amendment for their property. 3. On November 14,2001, the Planning and Zoning Board, sitting as the City's Local 2001-0-78 Sntlck thlotlgh passages are deleted. Underlined passages are added. 1 ~ .."", Planning Agency considered the change in the Future Land Use Map designation and by a vote of 7 to 0, recommended that the City Council approve the request. 4. On December 3, 2001, the City Council considered on first reading the proposed change in the Future Land Use Map designation. 5. Pursuantto Section 163.3187(1)(c), Florida Statutes, on December 17,2001, the City Council held a public hearing to consider the change in the Future Land Use Map designation after publishing notice of such hearing in the Observer on December 8, 2001. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEW ATER, FLORIDA: PART A. AMENDMENT - CHANGE IN FUTURE LAND USE MAP DESIGNATION. 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 Edge water, Florida, be, and the same is hereby, amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Commercial for property described in the legal description contained in Exhibit "A" and further located on the map as reflected in Exhibit "B" (which are attached hereto and incorporated herein). PART B. FINDINGS OF CONSISTENCY. The City Council specifically determines that the approved change in the Future Land Use Map designation is internally consistent with the policies and objectives contained in the Edgewater Comprehensive Plan, specifically Policy 5.2 of the Future Land Use Element which addresses appropriate buffering between commercial and low density residential. 2001-0-78 Stl tick thl "tlgh passages are deleted. Underlined passages are added. 2 ~ ....." PART C. AMENDMENT OF THE FUTURE LAND USE MAP. The Planning Director 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 property described herein. PART D. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. Pursuant to Section 163.3187(1)( c )2, Florida Statutes (2000), the Planning Director 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 inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PARTG. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. 2001-0-78 StJ. tlGk thumgh passages are deleted. Underlined passages are added. 3 ... ...., PART H. ADOPTION. After Motion by Councilwoman Rhodes and Second by Councilwoman Lichter, the vote on the first reading of this ordinance held on December 3, 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 by Ct,~ ~ x and Second by ~ ~ the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Donald A. Schmidt -i- -J- i L Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter 2001-0-78 St! t1(:k till otlgh passages are deleted. Underlined passages are added. 4 n PASSED AND DULY ADOPTED this a2k day of , 200$. ATTEST: For the use and reliance only by the City of Edgewater, Florida. Approved as to fomr and legality by: Scott A. Cookson, Esquire City Attorney Foley & Lardner toot-0-7a Saeek-dnengh passages are deleted. Underlined passages are added. CITY COUNCIL OF TIRE CITY OF EDGEWATER, FLORIDA By: �aC Donald A. Schmidt Mayor Robin L. Matusick Legal Assistant Approved by the City Council of the City of Edgewater t a meeting held on this It day of 200P under Agenda I m No. � n '-'" ..., EXHIBIT" A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. 10 Acres Lot 5 Model Land Co Sub Betts Grant exc N 60 ft in RD per OR 3501 PG 1605, per Official Records of V olusia County, Florida. Containing 10.00acres more or less. 2001-0-78 Stl tick till otlgl1 passages are deleted. Underlined passages are added. 6 ~.':...t...I..........'...'. ......... ....~ ............:. tj <l z 'fW lJ C CD ...cE S.!!"a CO a.. c ~CDCD CD>E CD"; <i: "aCe. WCDCO .....c~ o CD'" ~aCD .- E tn 00::) 0"CS C CO ...I i'~I~~~iiil! ~~uUdUH ... t'\I CO) ... II) l'O ... Q) oa CI ... ... ... t::!