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2004-O-36 '-' .... ORDINANCE NO. 2004-0-36 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 SOUTH OF STATE ROAD #442 AND WEST OF OLD MISSION ROAD, EDGEW A TER, FLORIDA, AS CONSERVATION; PROVIDING FOR PUBLICATION; PROVIDING FOR HOLDING PUBLIC HEARINGS; PROVIDING FOR TRANSMITTING THIS COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE VOL USIA 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 TRANSPORT A TION 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, pursuant to the Stipulated Settlement Agreement entered between the Department of Community Affairs and the City of Edgewater (DOAH Case No. 02-0862GM), the City hereby submits this Comprehensive Plan Amendment relating to Ordinance #2001-0-21 and #2004-0-36 St! lick tIn ongh passages are deleted. Underlined passages are added. 1 '-' ...."" Ordinance #2001-0-23, respectively; 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. Stat. (2003), on Wednesday, April 14, 2004, 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 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 oflands located within the City of Edgewater, 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 Conservation for property described in Exhibits "A" and "B". PARTB. PUBLICATION. That the notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184 (I5) (c), Fla. Stat. (2003). The City Council shall hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan Amendment. #2004-0-36 StI tIck tIn otlgh passages are deleted. Underlined passages are added. 2 '-' ...., The first publication shall appear at least SEVEN (7) days before the first Public Hearing (Transmittal Hearing). 163.3184 (15) (b) 1., 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., 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 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. 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. 2004-0-36 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN ORDINANCE NO. 2003-0-04 AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP TO INCLUDE CERTAIN PROPERTY LOCATED SOUTH OF STATE ROAD #442 AND WEST OF OLD MISSION ROAD, EDGEW A TER, FLORIDA AS CONSERV A TION; 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, VOL USIA COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THE #2004-0-36 Shuck thtottgh passages are deleted. Underlined passages are added. 3 W' .... DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE FLORIDA DEPARTMENT OF TRANSPORTATION AND ANY OTHER UNIT OF LOCAL GOVERNMENT OR GOVERN:MENT AL 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 changing the Future Land Use 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 "E '') 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. #2004-0-36 Stt tick tin ~t1gh passages are deleted. Underlined passages are added. 4 ....,. ...., 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-ll.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 S1. 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-I1.006, 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 S1. 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. #2004-0-36 Stltlck tlnotlgh passages are deleted. Underlined passages are added. 5 'W ....., PARTF. 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. 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. PARTH. ADOPTION. After Motion by Councilman Brown and Second by Councilwoman Rhodes, 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 #2004-0-36 St! tick tilt "ugh passages are deleted. Underlined passages are added. 6 Eel U After Motion byCouncilman Vincenzi and Secondby Councilwoman Lichter 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 -`o Sgseu J. Wa4worth 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 & Lardney LLP #2004-O-76 Senek-tluengh passages are deleted. Underlined passages are added. 20G5 CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By::f!!z /a°� Donald A. Schmidt Mayor Robid L. Matusick 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 -F . 'w' ...., EXHIBIT "A" LEGAL DESCRIPTION . . . . The following described real property alilying and being in the County of V olusia and State of Florida. A portion of Lots 6 through 14 inclusive, and the Westerly 112.45 feet of Lot 15, Model Land Company Subdivision, according to plat thereof recorded in Map Book 5, page 187, of the Public Records of V olusia County, Florida, all lying Southerly of State Road No. 442, and being more particularly described as follows: Beginning at the Southwest comer of said Lot 6, thence N 21007'05" W along the Westerly line of said Lot 6, a distance of 1,195.72 feet to the Southerly Right-of-Way of State Road No. 442, a 120 foot Right-of-Way as now laid out; thence N 68025'45" E along the Southerly Right-of-Way, a distance of 564.56 feet to the PC of a Curve; thence Northeasterly along said Curve, said Curve being concave Northwesterly and having a central angle of 08001'55", a radius of2,924.79 feet, an arc length of 410.01 feet to the Intersection of the Northerly line of said Lot 8; thence N 69038'30" E along said Northerly line of said Lots 8 through 15, inclusive, a distance of 2,289.39 feet to the Easterly line of the Westerly 112.45 feet of said Lot 15; thence S 21007'05" E along the Easterly line of the said Westerly 112.45 feet of Lot 15, a distance of 1,245.00 feet to the Southerly line of said Lot 15; thence S 69038'30" W along the Southerly line of said Model Land Company a distance of 3,262.45 feet to the Point of Beginning. And A portion of Lots 38,39,46,47,48,56,57,65,66,72,73,80 and 87, all lying Southerly of Sate Road No. 442, Assessor's Subdivision, of the Samuel Betts Grant, according to Plat thereof recorded in Map Book 3, Page 153, of the Public Records of Volusia County, Florida, and being more particularly described as follows: Beginning at the Southwest comer of said Lot 48; thence S 69038'30" W along the Southerly line of the Samuel Betts Grant, a distance of 3,964.17 feet; thence N 21007'06" W, a distance of 1.191 feet to the said Southerly line of State Road No. 442; thence Northeasterly along said Southerly Right-of- Way and along the Curve, said Curve being concave Northwesterly and having a central angle of 08007'40", a radius of 2,914.79 feet, an arc length of 413.48 feet to the Pt of said curve; thence N 49056'45" E, along the tangent of the previously described curve and along the said Southerly Right-of- Way, a distance on,3 22.23 feet to the PC of a curve; thence Northeasterly along the Curve, said Curve being concave Southeasterly and having a central angle of 1,319.00 feet, a radius of 2,814.79 feet, and arc length of 654.21 feet to a point of Right-of- Way change; thence S 26044'15" E, along said Right-of-Way, a distance of 10.00 feet; thence continuing along said Southerly Right-of-Way and along the Curve, said Curve being concave Southeasterly and having a central angle of 05036'00" a radius of 2,804.79 feet, an arc length of 274.13 feet to the Pt of said #2004-0-36 8ft tick tilt otlgh passages are deleted. Underlined passages are added. 8 W' ...." Curve; thence N 68051 '45" E along the tangent of the previously described curve a distance ofI4.72 feet; thence leaving said Southerly Right-of- Way S 21006'40" E, a distance of 194.44 feet; thence S 06017'40" W, a distance of 136.94 feet; thence S 00042'05" E, a distance of 125.00 feet; thence SOl 029'57"E, a distance of 124.91 feet; thenceS 07020'18" E, a distance of 125,00 feet; thence N 69038'30" E, a distance of370.00 feet to the Westerly line of Air Park Road; thence S 07020'18" E, along said Westerly line, a distance of 119.93 feet, to the Southerly line of said Lot 39; thence S 69038'30" W, along said Southerly line, a distance of 668.1 0 feet; to the Southwest comer of said Lot 39; thence S 21006'40" E, along the Easterly line of said Lot 48, a distance of 597.00 feet, to the Point of Beginning. Containing 195.89:!: acres more or less. Map of subject properties are reflected on Exhibit "B" and incorporated herein. #2004-0-36 StI tlck tin ongh passages are deleted. Underlined passages are added. 9 w ~ <Iz 11. e Q) CI) ~ ~ ~ c .~ () -g . CI) ~~I ...""