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2014-O-04 ORDINANCE NO. 2014-0-04 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY ENVIRONMENTAL SYSTEMS CORRIDOR TO CITY LOW DENSITY RESIDENTIAL FOR .46± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1366 ELIZABETH STREET AND THE ADJACENT PARCEL TO THE NORTH, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, 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, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, and WHEREAS, a Public Hearing on the question of designating a future land use classification of the property hereinafter described has been duly held in the City of Edgewater, Florida and at such hearing, interested parties and citizens for and/or against the proposed designation of the future land use classification was heard; and WHEREAS, such amendments are permitted subject to the provisions of Chapter 163, F.S. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held an advertised Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2012), on 1 Strike eugh passages are deleted. Underlined passages are added. #2014-0-04 Wednesday, December 11, 2013, on the proposed Plan Amendment; WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2011 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. Article I, Section 21-04 of the City of Edgewater's Land Development Code, as amended and supplemented, adopting the Comprehensive Plan of the City of Edgewater, Florida, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by this plan map amendment to: Amend the Official Future Land Use Map to include property as Low Density Residential (.46 + acres) for property described in Exhibits "A" and "B» PART B. PUBLICATION. Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (11), Fla. Stat. (2012). The City Council shall hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment. The first publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal Hearing). 163.3184 (11), Fla. Stat. (2012). The second publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 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 of the newspaper 2 Strike gh passages are deleted. Underlined passages are added. #2014-0-04 where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the City of Edgewater, 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. 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. 2014-0-04 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2010-0-23 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY ENVIRONMENTAL SYSTEMS CORRIDOR TO CITY LOW DENSITY RESIDENTIAL FOR .46± ACRES OF CERTAIN REAL PROPERTY LOCATED AT 1366 ELIZABETH STREET AND THE ADJACENT PARCEL TO THE NORTH, EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, 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. A public hearing (transmittal stage) on the ordinance changing the Future Land Use Map will be 3 Strike through passages are deleted. Underlined passages are added. #2014-0-04 held on January 6, 2014 at 6:00 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 "B") 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. PART C. PUBLIC HEARINGS. As a condition precedent to the adoption of this ordinance amending the City's 2011 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 (11), Fla. Stat. (2012). 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. The Adoption Hearing shall be held within 180 days of the Department of Economic Opportunity 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 ONE (1) paper copy and TWO (2) electronic copies of the proposed Plan Amendment to the Florida Department of Economic Opportunity, Division of Community Planning, and all other items specified to be transmitted in accordance with Chapter 163, Fla. Stat. (2012). The 4 Strike gh passages are deleted. Underlined passages are added. #2014-0-04 City Manager or his designee shall also, immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendment to the Volusia Growth Management Commission, Volusia 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 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 amendment. Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee shall transmit FIVE (5) copies of the Plan Amendment and a copy of this ordinance to the Florida Department of Economic Opportunity. The City Manager or his designee shall also transmit within TEN (10) working days a copy of the adopted Amendment to the Comprehensive Plan to the Volusia 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. PART E. 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 F. 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 5 Strike tchrough passages are deleted. Underlined passages are added. #2014-0-04 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. 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. PART F. ADOPTION. After Motion to approve by Councilman Emter with Second by Councilwoman Power with the vote on the first reading of this ordinance held on January 6, 2014, as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X Councilwoman Gigi Bennington EXCUSED Councilman Mike Ignasiak X Councilman Gene Emter X 6 Strike gh passages are deleted. Underlined passages are added. #2014-0-04 After Motion to approve by with Second by klma. c , the vote on the second reading/public hearing of this ordinance held on j,,6?),aom was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power Councilwoman Gigi Bennington X Councilman Mike Ignasiak Councilman Gene Emter PASSED AND DULY ADOPTED this k -ci day of 4)1.14(11014. ATTEST: CITY COUNCIL OF E CIT OF E I . W• ' , FLO 1 i • (1?), CNN\t kasok_. • i Bonnie Wenzel U Mike Thoma City Clerk ayor Robin L. Matusick Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater at a meeting held on this `t day of legality by: Aaron R. Wolfe, Esquire 11C.), 2014 under Agenda Item No. 8 d . City Attorney Doran, Sims, Wolfe& Kundid 7 Strike t sough passages are deleted. Underlined passages are added. #2014-0-04 EXHIBIT "A" LEGAL DESCRIPTION Lot 34, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida & Lot 33, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida. In addition, pursuant to the request of the County of Volusia, the legal description includes that portion of the roadway along Elizabeth Street which goes to the centerline of the road right-of-way adjacent to Lots 33 & 34, Block 2A, Spanish Mission Heights, Unit Number 2, Per Map Book 23, Page 119, of the Public Records of Volusia County, Florida. 8 Strikes. e t�r-ough passages are deleted. Underlined passages are added. #2014-0-04 EXHIBIT "B" 9 Strike Str-ike4hreugh passages are deleted. Underlined passages are added. #2014-0-04 + y � y ' � o * $ Os 00 0 *■■■ _ at�� M • OGE ITE' CA . 0, d r7,4 ya 1.711 villoopP111...i.WI W • ;*$* ' k - Ot:1W 0"00 - g L - :, ; 4g tiro,. \ ■ _it.* 4..1.- ,. I y . , \ Fy it, Lotin",„ ■■ . v-vot• - °' - t / 5-4.1 ‘1 = • v'w it la% 4 0 . • 4 � • J K ,A..-1,. * , .4:7 .0 C4 * 1 / *0 0 ' o ' sh, oho it • O • % . tn \i‘k .\„,1 \ ' -v , • r )\ .. \ . „ 010®®01 A'r. !,'. '4 \ ... "2 'E 1. (31 g' 9 te „..,;). 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