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2019-O-04 - Hawks Gate CPA ORDINANCE NO.2019-0-04 AN ORDINANCE OF THE CITY OF EDGEWATER AMENDING THE COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING THE OFFICIAL FUTURE LAND USE MAP FROM COUNTY FORESTRY RESOURCE AND LOW IMPACT URBAN TO CITY COMMERCIAL WITH CONSERVATION OVERLAY FOR 160± ACRES OF CERTAIN REAL PROPERTY LOCATED WEST OF INTERSTATE 95 AND NORTH OF S.R. 442 (INDIAN RIVER BOULEVARD), EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION, HOLDING PUBLIC HEARINGS, FINDINGS OF CONSISTENCY; PROVIDING FOR FILING WITH THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, THE VOLUSIA GROWTH MANAGEMENT COMMISSION, THE REGIONAL PLANNING COUNCIL, 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 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. WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held a Public Hearing pursuant to 163.3164(30) & 163.3174(4)(a), Fla. Stat. (2016), on Wednesday,January 9, 2019,on the proposed Plan Amendment; passages are deleted. 1 Underlined passages are added. 2019-0-04 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: PART A. AMENDMENT The Comprehensive Plan, adopted pursuant to Ordinance 81-0-10 as amended, regulating and restricting the use of lands located within the City of Edgewater, Florida, shall be amended by this plan map amendment to include property described in Exhibits "A" and "B" as Commercial with Conservation Overlay on the Official Future Land Use Map. Any rezoning of the subject property shall be processed through the Planned Unit Development process of the City of Edgewater and is contingent upon the negotiation of and execution of a written agreement between the owner(s) of the property, the City of Edgewater and impacted entities, defined as community development districts and owners of property contiguous to West Indian River Boulevard from Interstate 95 to a point one and a half(1.5) miles west of I-95. Said agreement shall address matters of concurrency (including methodology), provisions for cost-sharing and reimbursement of public infrastructure improvement costs related to the development of lands subject to the agreement. The agreement shall specifically provide a framework for calculating costs, phasing improvements, and apportioning fiscal responsibility for concurrency facilities which may include, but are not limited to, Indian River Boulevard, the SR 442/1-95 interchange, and the Williamson Boulevard extension south of SR 44 to West Indian River Boulevard. Finally, the agreement shall outline potential funding mechanisms for the provision of public infrastructure improvements including, but not limited to, impact fees, proportionate fair share pipelining, special assessment districts, Strike-ihreagh-passages are deleted. 2 Underlined passages are added. 2019-0-04 cost-sharing agreements,and/or impact fee credits which will result in a master plan for the lands developing west of Interstate 95 in the City. The agreement shall be completed prior to final approval of any rezoning of any portion of the subject property. PART B. PUBLICATION Notice of this proposed change of the Edgewater Comprehensive Plan shall be published in the manner prescribed by 163.3184,Florida Statutes(2016). PART C. PUBLIC HEARINGS As a condition precedent to the adoption of this ordinance amending the City's Comprehensive Plan, the City Council shall hold at least one advertised public hearing on the proposed comprehensive plan or plan amendment pursuant to 163.3184, Florida Statutes(2016). PART D. TRANSMITTAL OF AMENDMENTS TO PLAN The City Manager or his designee shall transmit the plan amendment pursuant to 163.3184,Florida Statutes (2016). 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 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 gaike4hreugl,passages are deleted. 3 Underlined passages are added. 2019-0-04 become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment rosy nevertheless be made effective by adoption of a resolution atl'mning its effective status,a copy of which resolution shall be sent to the state land planning agency. 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, with property,or circumstance. PART H. ADOPTION After Motion to approve by Councilman Gary Conroy, with Second by Councilwoman Power, the vote on the first reading of this ordinance held on February 4,2019,was as follows: AYE NAY Mayor Mike Thomas X Councilwoman Christine Power X District 2 VACANT Councilwoman Megan O'Keefe EXCUSED Councilman Gary T.Conroy X Saiketlim lFpassages are deleted. 4 Underlined passages are added. 2019-0-04 After Motion to approve by CAAkj&A C� ae6Q, , Second by, . the vote on the second reading/public hearing of this ordinance held on May 6,2019 was as follows: AYE NAY Mayor Mike Thomas Councilwoman Christine Power _ Councilwoman Kim Yaney y— Councilwoman Megan O'Keefe Councilman Gary T.Comoy 11-�— PASSED AND DULY ADOPTED this 6`t day of May,2019. ATTEST: CITY COUNCIL OF THE CITY F EDGE DA ck — Robin L.Matusick Mike Tpigns City Clerk/Paralegal For the use and reliance only by the City of Approved by the City Council of the City of Edgewater, Florida. Approved as to form and Edgewater a1 a meeting held on this 6'day of legality by: Aaron R. Wolfe,Esquire June, 2019 under Agenda Item No. 8L City Attorney Doran, Sims,Wolfe,Cimchetti& Yoon Svile&g reagl}passages are deleted. 5 Underlined passages are added. 2019-0-04 1 EXHIBIT"A" LEGAL DESCRIPTION A portion of Section 6, Township 18 South, Range 34 Fast, Volusia County, Florida, lying southwesterly of Interstate 95, being described as follows: Commence at the southeast comer of said Section 6;thence North 890 44' 48"West,along the south line of said Section 6 a distance a distance of 1547.80 feet.thence North 000 15' 12"East a distance of 5905.65 feet to the westerly right of way of Interstate 95; thence 19L43 feet along arc of a curve to the right being non- tangent with the last described line,said curve having a radius of 8419.42 feet, a central angle of to 18' l0"-and a chord of 191.42 feet which bears South 220 50' 29" East;thence South 220 11' 19" E, along a line non-tangent to said curve and along said westerly right of way of Interstate 95, a distance of 670.91 feet; thence continuing along said westerly right of way the following eight(8) courses; South 220 11' 10" East. a distance of 1237.16 feet; thence South 220 11' 37" East,a distance of 1206.17 feet; thence South 220 t t' 45" East a distance of 1523.09 feet;thence South 140 31' 29"East. a distance of 1008.99 feet; thence South 080 27' 46" East, a distance of 299 .54 feet thence South 770 55' 29" West,a distance of 264.58 feet: thence South 890 41' 55" West, a distance of 332.81 feet; thence South 000 18' 05" Fast, a distance of 110.74 feet to the Point of Beginning. Containing 160.0 acres more or less. SH 64weagl�passages are deleted. 6 Underlined passages are added. 2019-0-04 EXHIBIT"B" 0 Wkeikrexgh passages are deleted. 7 Underlined passages areadded. 2019-0.04 Ron DeSands DEO Ken Lawson GOVERNOR EXECUTIVE DIRECTOR FLORIDA DEPARTMENTy ECONOMIC OPPORTl1NR June 14,2019 The Honorable Michael Thomas Mayor,City of Edgewater 104 North Riverside Drive Edgewater, Florida 32132 Dear Mayor Thomas: The Department of Economic Opportunity("DepartmenC)has completed its review of the comprehensive plan amendment adopted by the City of Edgewater(Amendment No. 19-01ESR)by Ordinance No.2019-0-04 on May 6, 2019.We have reviewed the amendment in accordance with the expedited state review process set forth in Section 163.3184(2)and (3), Florida Statutes,and identified no provision that necessitates a challenge of the Ordinance adopting the amendment. If the plan amendment is not challenged by an affected person,the amendment will become effective 31 days after the Department notified the local government that the plan amendment package was complete. If the plan amendment is challenged by an affected person,the amendment will not become effective until the Department or the Administration Commission enters a final order determining the amendment to be"In Compliance." If you have any questions concerning this review,please contact Dan Pennington,Planning Analyst, by telephone at(850)717-8524 or by email at Dan.Pennington@deo.myflorida.com. Sin rely, i� I ', V J mes D.Stansbu ,Chief ureau of Community Planning and Growth JDS/dp cc: Darren Lear,AICP, Development Services Director,City of Edgewater Hugh W. Harling,Jr., Executive Director,East Central Florida Regional Planning Council Florida Department of Economic Opportunity I Caldwell Building 1107 E. Madison Street I Tallahassee, FL 32399 850.245.7105 I w .FlondaJobs om w .twider.com/FLDEO lwww.facebook.com/FLDEO An equal opportunity employer/program.Auxiliary aids and service are available upon request to individuals with disabilities.All voice telephone numbers on this document may be reached by persons using TTYfTTD equipment via the Florida Relay Service at 711.