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2004-O-35 '-' ..." ORDINANCE NO. 2004-0-35 AN ORDINANCE OF THE CITY OF EDGEW ATER AMENDING: THE COMPREHENSIVE PLAN ORDINANCE. .NO. 2003-0-04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE CERTAIN PROPERTY LOCATED WEST OFU. S. HIGHWAY NO.1 AND NORTHWEST OF 4115 SOUTH U~ S. HIGHWAY NO.1, EDGEW ATER, FLORIDA AS PUBLIC/SEMI-PUBLIC WITH CONSERVATION OVERLAY; PROVIDING FOR PUBLICATION; PROVIDING FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR 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, SEVERABILITY 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, 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. and Rule 9J-ll, F.A.C. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, #2004-0-35 Stll1ck tin otlgh passages are deleted. Underlined passages are added. 1 '-" ...", held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2003), on Wednesday, October 13, 2004, on the proposed Plan Amendment and following that Public . Hearing voted and recommended that the City Councii approve the aforesaid Amencime~t to the City's 2003 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 2003 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 of lands 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 Public/Semi-Public with Conservation Overlay for property described in Exhibits "A" and "B". 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. (2003). 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. Stat. (2003). The second publication shall appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15) (b) 2., #2004-0-35 StI tick tin ongh passages are deleted. Underlined passages are added. 2 ........ """ Fla. Stat. (2003). 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 beplaced in ~ 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 oflimited 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. (2003). 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. 2004-0-35 AN ORDINANCE OF THE CITY OF EDGEW A TER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003-0-04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE CERTAIN PROPERTY LOCATED WESTOFU. S. HIGHWAY NO.1 AND NORTHWEST OF 4115 SOUTH U. S. HIGHWAY NO.1, EDGEW ATER, FLORIDA AS PUBLIC/SEMI-PUBLIC WITH CONSERVATION OVERLAY; PROVIDING FOR PUBLICATION; PROVIDING FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR TRANSMITTING THIS COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEP ARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA GROWTH MANAGEMENT COMMISSION, VOL USIA 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 #2004-0-35 Stt tick tilt otlgh passages are deleted. Underlined passages are added. 3 W' ..., CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING FOR AN EFFECTIVE DATE. A public hearing (transmittal stage) on the ordinance changing the Future Land U ~e Map will be held on October 18, 2004 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 "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. 163.3184 (15) (c) & 166.041 (3) (c) 2.b., Fla. Stat. (2003). 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. 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. (2003). 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. TRANS MITT AL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send #2004-0-35 Shtick thtongh passages are deleted. Underlined passages are added. 4 '-' 'W 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 9 J -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 V olusia Growth Management Commission, V olusia 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 oflocal 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. Stat. (2003) and 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 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 V olusia Growth Management Commission, V olusia 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. Stat. (2003) & Rule 9J-l1.011 (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 #2004-0-35 Stl tick tilt ()tlgh passages are deleted. Underlined passages are added. 5 lW' ...., 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. 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 H. ADOPTION. After Motion by Councilwoman Rhodes and Second by Councilman Brown, the vote on the first reading of this ordinance held on October 18, 2004 is as follows: AYE NAY Mayor Donald A. Schmidt ABSENT Councilman James P. Brown X Councilman Dennis A. Vincenzi ABSENT Councilwoman Harriet E. Rhodes X Councilwoman Judy Lichter X #2004-0-35 StJ tick tin Ottgll passages are deleted. Underlined passages are added. 6 H After Motion by Councilman Brown and Secondby Councilman Vincenzi , the vote on the second reading of this ordinance was as follows: AYE NAY Mayor Donald A. Schmidt x Councilman James P. Brown x Councilman Dennis A. Vincenzi x Councilwoman Harriet E. Rhodes Absent Councilwoman Judy Lichter x PASSED AND DULY ADOPTED this 7th day of March, 2005. 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 #2004-0-35 Snnektlrcongi passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: -'a22 Donald A. Schmidt Mayor Robin L. Legal Assistant/Paralegal Approved by the City Council of the City of Edgewater at a meeting held on this 7th day of March, 2005 under Agenda Item No. 6 -� ....,. ..., EXHIBIT "A" LEGAL DESCRIPTION The following described real property all lying and being in the County of V olusia and State of Florida. The following described real property all lying and being in the County of V olusia and State of Florida. ITEM #1 Parcell described as the Northeast 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13, Township 18 South, Range 34 East, V olusia County, Florida. Containing 10 acres more or less. ITEM #2 A portion ofU. S. Lot 4, Section 13, Township 18 South, Range 34 East and described as follows: Beginning at the intersection of the South line of said U. S. Lot 4 and the Westerly R1W line ofD. S. Highway No. I, a 158 foot R1W as now laid out; thence S 87037'43" W along the Southerly line of said U. S. Lot 4, a distance of 1,215.45 feet to the Southwest comer of said U. S. Lot 4; thence N 0049'29" W along the West line of said U. S. Lot 4, a distance of660 feet; thence N 87037'22" E, a distance of950.08 feet to the said Westerly R1W line ofD. S. Highway No.1; thence S 22056'00" E along said Westerly R1W, a distance of 704.76 feet to the Point of Beginning. ITEM #3 Parcel 6 described as a portion ofU. S. Lot 4, Section 13, Township 18 South, Range 34 East, and described as follows: Commence at the intersection of the South line ofU. S. Lot 4 and the Westerly Right-of-Way line ofD. S. Highway No.1, a 158 foot Right-of-Way as now laid out; thence North 22056'00" West along said Westerly Right-of- Way a distance of704. 76 feet to the Point of Beginning; thence South 87037'22" West, a distance of950.08 feet to the West line of said U. S. Lot 4; thence North 0049'29" West along said Westerly line ofD. S. Lot 4, a distance of 660 feet to the Northwest corner of said D. S. Lot 4; thence North 87036'44" East along the Northerly line of D. S. Lot 4, a distance of 684.72 feet to the Westerly Right-of-Way line ofU. S. Highway No. I; thence South 22056'00" East, along said Westerly Right-of-Way, a distance of 704.75 feet to the Point of Beginning. #2004-0-35 Stll1ck tin (')ugh passages are deleted. Underlined passages are added. 8 '-' ...." ITEM #4 A portion ofU. S. Lot 4, Section 13, Township 18 South, Range34 East and described as follows: . . . '. Commence at the intersection of the South line of U. S. Lot 4 and the Westerly Right-of- Way line ofU. S. Highway No.1, a 158 foot Right-of-Way as now laid out; thence North 22056'00" West along said Westerly Right-of-Way a distance of704. 76 feet for the Point of Beginning; thence South 87037'22" West, a distance of 300.00 feet; thence North 22056'00" West and parallel to the said Westerly Right-of-Way line a distance of352.37 feet; thence North 87037'22" East, a distance of 300.00 feet to the said Westerly Right-of-Way line; thence South 22056'00" East, along said Westerly Right-of-Way line, a distance of352.37 feet to the Point of Beginning. ITEM #5 The Northwest 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13, Township 18 South, Range 34 East, V olusia County, Florida. And The Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13, Township 18 South, Range 34 East, V olusia County, Florida. And The Southeast 1/4 of the Southeast 1/4 of the Southwest 1/4, Section 13, Township 18 South, Range 34 East, Volusia County, Florida. Containing 68.79 :!: acres more or less. Map of subject properties are reflected on Exhibit "B" and incorporated herein. #2004-0-35 Stt tick tin ~t1gh passages are deleted. Underlined passages are added. 9 c ~ ~ ~ ~ w .E a: C) <{z ~ ~ ~ .() ~ '~I ...", /::::;:3::':::::<:<//.