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2006-O-14ORDINANCE NO. 2006-0-14 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO.2003-0-04 AS AMENDED, BY AMENDING THE FUTURE LAND USE AND HOUSING ELEMENT BY AMENDING THE LAND USE CATEGORIES FOR LOW DENSITY RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL; AMENDING THE DATA AND ANALYSIS AND GOALS, OBJECTIVES, AND POLICIES AND BY PROVIDING CONSISTENCY WITH OTHER ELEMENTS OF THE COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, TRANSMITTING THIS COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA 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 TRANSPORTATION AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERNMENTAL AGENCY THAT HAS REQUESTED A COPY OF THE PLAN AMENDMENT; PROVIDING FOR CONFLICTING PROVISIONS, SE VERABILITY AND APPLICABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, from time to time it becomes necessary to amend the City of Edgewater Comprehensive Plan, 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. Star. (2005), on Wednesday, March 8, 2006, on the proposed Plan Amendment and following that Public Hearing voted and recommended that the City Council approve the aforesaid Amendment to the City's 2003 #2006-0-14 Sh aek9eengh passages are deleted. Underlined passages are added. Comprehensive Plan with the condition that Low Density Residential be modified to have a maximum of 4 units per acre and that Medium Density Residential be modified to contain 4.1 to 8 units per acre; and WHEREAS, the City Council feels it is in the best interests of the citizens of the City of Edgewater to amend its 2003 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. Amending the Future Land Use Element by amending the land use categories for Low Density Residential to have a maximum of 4 units per acre and that Medium Density Residential to have a maximum of 4.1 to 8 units per acre; amending the Data and Analysis and Goals, Objectives and Policies and by providing consistency with other elements of the comprehensive plan as further described in Exhibits "A" (attached hereto and incorporated herein). Amending the Housing Element by amending the Data and Analysis and by providing consistency with other elements of the comprehensive plan as further described in Exhibits "B" (attached hereto and incorporated herein). 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. Slat. (2005). 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 (15) (b) I., Fla. Slat. (2005). The second publication shall appear #2006-0-14 Shuck threvgh passages are deleted. Underlined passages are added. 2 at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2., Fla. Stat. (2005). 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 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. 163.3184 (15) (c) 2.b., Fla. Star. (2005). The advertisement shall substantially be in the following form: Notice of Comprehensive Plan Amendments The City of Edgewater proposes to adopt the following ordinance ORDINANCE NO. 2006-0-14 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO.2003-0-04 AS AMENDED, BY AMENDING THE FUTURE LAND USE AND HOUSING ELEMENT BY AMENDING THE LAND USE CATEGORIES FOR LOW DENSITY RESIDENTIAL AND MEDIUM DENSITY RESIDENTIAL; AMENDING THE DATA AND ANALYSIS AND GOALS, OBJECTIVES, AND POLICIES AND BY PROVIDING CONSISTENCY WITH OTHER ELEMENTS OF THE COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, TRANSMITTING THIS COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, VOLUSIA COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE FLORIDA #2006-0-14 Stnrck-dwough passages are deleted. Underlined passages are added. 3 DEPARTMENT OF TRANSPORTATION 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 FOR AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance amending the Future Land Use and Housing Element will be held on May 1, 2006 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132. PART C. PUBLIC HEARINGS. That as a condition precedent to the adoption of this ordinance amending the City's 2003 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. Star. 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. Star. (2005). 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 Amendment 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 Amendment to the Volusia Growth Management Commission, Volusia County, Regional Planning Council, the #2006O-14 St tick Hnevgh passages are deleted. Underlined passages are added. 4 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. 163.3184 (3) (a), Fla. Slat. (2005) 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 Amendment 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 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. 163.3184 (7), Fla. Slat. (2005) & Rule 9J-11.011 (3), F.A.C. 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. That this ordinance shall become effective upon its final adoption; and either the Department of Community Affairs entering a final order finding this Comprehensive Plan Amendment in compliance, or the Administration Commission entering a final order finding that this Comprehensive Plan Amendment has been brought into compliance and certification of consistency from the Volusia Growth Management Commission. PART G. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, #2006-0-14 Sneek daough passages are deleted. Underlined passages are added. 5 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 to approve by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on the first reading of this ordinance held on May 1, 2006 is as follows: AVE NAY Mayor Mike Thomas X Councilman Debra J. Rogers X Councilman Dennis A. Vincenzi X Councilwoman Harriet B. Rhodes X Councilwoman Judy Lichter X During the August 21, 2006 Council meeting a Motion was made by Councilwoman Rhodes with Second by Councilwoman Rogers, to approve the continuance of second reading/public hearing on this Ordinance until the September 11, 2006 City Council meeting. After Motion to approve by Councilwoman Lichter and Second bfouncilwoman Rhodes the vote on the second reading of this ordinance on September 11, 2006 was as follows: AYE NAY Mayor Mike Thomas Councilman Debra J. Rogers x Councilman Dennis A. Vincenzi x Councilwoman Harriet B. Rhodes x Councilwoman Judy Lichter x #2006-0-la Sh wkfinengh passages are deleted. Underlined passages are added. 6 0 PASSED AND DULY ADOPTED this 11th day of September, 2006. A'I`I1?Sl': Snsan J. Nad.wurlh Cilc Clcrk For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Paul E. Rosenthal, Esquire City Attorney Foley & Lardner, LLP CITY COUNCIL OF THE CITY OF EDG , FLORIDA M&4 Thomas ayor iJ'l�Ljfl`Y Robin L. Matusick Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this I Ith day of September, 2006 under Agenda Item No. 6 H . #2006-0.14 Sh cele d reegi passages are deleted. Underlined passages are added.