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2004-O-12 .., ....., ORDINANCE NO. 2004-0-12 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 AT 3149 STATE ROAD #442 (PARCEL #8438-02-00-0010 AND #8438-02-00-0020), EDGEW A TER, FLORIDA AS MIXED USE 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 ENVIRONMENT AL 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 ofthe future land use classification was heard; 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, #2004-0-12 Shtick thHmgh passages are deleted. Underlined passages are added. 1 'w' ...., held an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2003), on Wednesday, February 11, 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 ATER, 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 ofthe 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 Mixed Use 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) 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., #2004-0-12 Stinc:k tll1()t1~h passages are deleted. Underlined passages are added. 2 w """'" 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 ofthe 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 ofthe 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. 2004-0-12 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 AT 3149 STATE ROAD #442 (PARCEL #8438-02-00-0010 AND #8438-02-00-0020), EDGEW A TER, FLORIDA AS MIXED USE 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, VOL USIA COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, THE DEPARTMENT OF ENVIRONMENT AL 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 #2004-0-12 Stltlck tmohgh passages are deleted. Underlined passages are added. 3 ~ ."", 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 February 23, 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 HB") 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. TRANSMITTAL OF AMENDMENTS TO PLAN. Immediately following the Transmittal Hearing, the City Manager or his designee shall send #2004-0-12 Shtick tlJ:16tlgh passages are deleted. Underlined passages are added. 4 ... ..."" SIX (6) copies ofthe 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 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-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 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-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 #2004-0-12 Snuck th10ugh passages are deleted. Underlined passages are added. 5 ......, ...." 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 Lichter and Second by Councilmlan Brown, the vote on the first reading ofthis ordinance held on February 23, 2004 is 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 #2004-0-12 Stinck tll10tlgh passages are deleted. Underlined passages are added. 6 U After Motion by Councilman Brown and Secondby Councilwoman Rhodes , 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 ABESENT Councilwoman Harriet E. Rhodes x Councilwoman Judy Lichter x PASSED AND DULY ADOPTED this 7th day of ,Tune , 2004. ATTEST: 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 #2004-0-12 5thnelr0xongh passages are deleted. Underlined passages are added. CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA By: Donald A. Schmidt Mayor Robin L. Matusick Legal AssistanttParalegal Approved by the City Council of the City of Edgewater at a meeting held on this 7th day of June , 2004 under Agenda Item No. fC w ...." EXHIBIT "A" LEGAL DESCRIPTION Lots 1,2 and 3, HARRIS FIRST SUBDIVISION as shown on map recorded in Map Book 7, Page 73 ofthe Public Records of V olusia County, Florida, except portions now lying in road right of way and except that portion of Lot 3 lying easterly of Old Mission Road, being more particularly described as follows: for a Point of Beginning, commence at the northwesterly comer of said Lot 1; thence N 69034' 32" E, along the northerly line of said Lots 1,2 and 3, a distance of1120.52 feet to the westerly right of way of Old Mission Road; thence S 180 26' 19" E, along said westerly right of way, a distance of 698.57 feet to the northerly right of way of State Road No. 442; thence along said northerly right of way of State Road No. 442 the following courses and distances, S 71033' 41" W, a distance of22.50 feet; thence S 18026' 19" E, a distance of 194.95 feet; thence S 650 06' 25" W, a distance of9.84 feet; the westerly line of said Lot 1; thence leaving said northerly right of way of State Road No. 442, N 21016' 54" W, along said westerly line of Lot 1, a distance of949.29 feet to the Point of Beginning. Parcel #8438-02-00-0010 Parcel #8438-02-00-0020 Containing approximately 23.5 acres more or less. Map of subject properties are reflected on Exhibit "B" and incorporated herein. #2004-0-12 Shtick tlnol1gh passages are deleted. Underlined passages are added. 8 ~~ ~~ ~ . .", ~ .()