Loading...
2018-O-15 ORDINANCE NO. 2018-0-15 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY RURAL TO CITY LOW DENSITY TRANSITION WITH CONSERVATION OVERLAY FOR 1.33± ACRES OF CERTAIN REAL PROPERTY LOCATED 625 VOLCO ROAD, EDGEWATER, FLORIDA; PROVIDING FOR PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chris Hatcher, property owner, has applied for an amendment to the Comprehensive Plan Future Land Use Map to include property located at 625 Volco Road within Volusia County, Florida as Low Density Transition with Conservation Overlay. Subject property contains approximately 1.33±acres. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held a Public Hearing pursuant to 163.3174, Fla. Stat. (2016), on Wednesday, June 20, 2018, and by a vote of 5-0, recommended that the City Council approve 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 Comprehensive Plan as more particularly set forth hereinafter. NOW,THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA: eke-wee gh passages are deleted. 1 Underlined passages are added. 2018-0-15 PART A. AMENDMENT. Ordinance No. 81-0-10, 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 to include property described in Exhibits "A" and "B" on the Future Land Use Map as Low Density Transition with Conservation Overlay (1.33±acres). PART B. PUBLIC HEARINGS. It is hereby found that a public hearing held by the City Council to consider adoption of this ordinance on August 6,2018 at 6:30 p.m. in the City Council Chambers at City Hall, 104 N. Riverside Drive, Florida, after notice published at least 10 days prior to hearing is deemed to comply with 163.3184, Fla. Stat. (2016). PART C. 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 All ordinances and resolutions, or parts thereof that are in conflict with this ordinance,are hereby superseded by this ordinance to the extent of such conflict.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 D. 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 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, Strikepassages are deleted. 2 Underlined passages are added. 0 2018-0-15 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 E. 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, with property, or circumstance. PART F ADOPTION. After Motion to approve by Councilwoman Power with Second by Councilman Blazi, the vote on the first reading of this ordinance held on July 16, 2018,was as follows: AYE NAY Mayor Mike Ignasiak X Councilwoman Christine Power X Councilwoman Amy Vogt X Councilman Dan Blazi X Councilman Gary T. Conroy X St-ik, gh passages are deleted. 3 Underlined passages are added. 2018-0-15 After Motion to approve by --tZA7�-�i �' , Second by, -tJ�c2 - Yet+ the vote on the second reading/public hearing of this ordinance held on August 6,2018 was as follows: AYE NAY Mayor Mike Ignasiak Councilwoman Christine Power Councilwoman Amy Vogt Councilman Dan Blazi Councilman Gary T. Conroy PASSED AND DULY ADOPTED this 6th day of August,2018. ATTEST: COUNCIL OF THE CITY OF EDGEWATER,FLORIDA By: IcAe/APP Nto . A • Robin L. Matusick Mike Ign. City Clerk/Paralegal Mayor For the use and reliance only by the City of Approved by the City Council of the Edgewater, Florida. Approved as to form and City of Edgewater at a meeting held on legality by: Aaron R. Wolfe,Esquire this day 6th of August, 2018 under City Attorney Agenda Item No. 8 e Doran, Sims, Wolfe&Ciocchetti Strik-e4k-eogh-passages are deleted. 4 Underlined passages are added. 2018-0-15 EXHIBIT "A" LEGAL DESCRIPTION Lot(s) 1, 2,3,4, 5,6,7 and 8, Block 16, Washington Park Inc., Part I,according to the map or plat thereof, as recorded in Map Book 11, Page 65,of the Public Records of Volusia County,Florida. Containing 1.33±acres more or less and being in Volusia County, Florida St_ikc passages are deleted. 5 Underlined passages are added. 2018-0-15 EXHIBIT "B" N r. • 4. ®subject P'WertY Strike through passages are deleted. 6 Underlined passages are added. 2018-0-15