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2001-O-100 o~ ~ ...." ORDINANCE NO. 2001-0-100 AN ORDINANCE OF THE CITY OF EDGEW ATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 90-0-18 BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY URBAN LOW INTENSITY AND COMMERCIAL TO CITY COMMERCIAL FOR PROPERTY LOCATED SOUTH OF 28TH STREET AND WEST OF U. S. HIGHWAY #1, EDGEW ATER, FLORIDA; PROVIDING FOR FINDINGS OF CONSISTENCY; AMENDING THE FUTURE LAND USE MAP; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA 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 Edge water Comprehensive Plan, the City submitted an application requesting a Comprehensive Plan Amendment for property owned by Lynne Bianca Storch. The subject property is located South of 28th Street and West of U. S. Highway # I and contains approximately 2.10 acres. The requested Amendment would change the Future Land Use Map designation from County Urban Low Intensity and Commercial and 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 Planning Agency considered the change in the Future Land Use Map designation and by a vote of 2001-0-100 Stl tick thlotlgh passages are deleted. Underlined passages are added. 1 ..... ...", 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. Pursuant to 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, 200 I. NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEW A TER , 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 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 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. 2001-0-100 SUtl.:k thIotlgh 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 ofthe 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. PART G. EFFECTIVE DATE. That this ordinance shall become effective upon its final adoption. 2001-0-100 Sntlck thlotlgh passages are deleted. Underlined passages are added. 3 ... ....", PART H. ADOPTION. After Motion by Councilman Brown and Second by Councilman Vincenzi, 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 X After Motion by ~ ~ and Second by ~ . L..-- /.2L..L , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Donald A. Schmidt L X f L L Councilman James P. Brown Councilman Dennis A. Vincenzi Councilwoman Harriet E. Rhodes Councilwoman Judy Lichter 2001-0-100 St! nGk thr otlgh passages are deleted. Underlined passages are added. 4 PASSED AND DULY ADOPTED this /P day of / /._. / 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 2001-0-100 Shvekavenglh passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEJ%WAATER, FLORIDA By: QLya Donald A. Schmidt Mayor Robin . Matusick Legal Assistant Approved by the City Council of the City of Edgewater at a meeting held on this / 9 day of 2002 under Agenda Item No. "- "'-' EXHIBIT" A" LEGAL DESCRIPTION Lot 2, except the West 120 feet thereof, according to the plat of EDGEWATER COUNTRY ESTATES, UNIT No. 1 being a subdivision of Lots 4, 5 and 6 West of U. S. No 1 Highway of Squaretopville, as recorded in Map Book 1, Page 160, and the Northeast quarter East of the Florida East Coast Railroad, Section 11, Township 18 South, Range 34 East, as recorded in Map Book 11, Page 247 of the Public Records of V olusia County, Florida, TOGETHER WITH that portion of Highway easement disclaimed by the State Road Department, as recorded in O.R. Book 306, page 345 and 346 of the Public Records of Vol usia County, Florida. Containing 2.10 acres more or less. 2001-0-100 StJ tick tht otlgh passages are deleted. 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