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88-O-8ORDINANCE NO. 88-0-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE - WATER, CREATING A LAND DEVELOPMENT 6 REGULATORY AGENCY; BY PROVIDING FOR THE MEMBERSHIP OF SAID AGENCY; BY PRO- VIDING FOR REMOVAL FROM OFFICE AND VACANCIES; BY PRO- VIDING FOR OFFICERS AND EMPLOYEES OF SAID AGENCY; BY PROVIDING FOR RULES OF PROCEDURE FOR SAID AGENCY; BY PROVIDING FOR POWERS AND DUTIES OF SAID AGENCY AND THAT THE AGENCY IS DESIGNATED AS BOTH THE LOCAL PLANNING AGENCY AND LAND DEVELOPMENT & REGULATORY AGENCY IN ACCORDANCE WITH SECTION 163.3161, ET SEQ. FLORIDA STATUTES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. That Chapter 14, Article III of the Code of Ordinances of the City of Edgewater be amended as follows: SECTION 2. CREATION: A Land Development 5 Regulatory Agency is hereby created. It shall be referred to as the "Agency." The jurisdiction of the Agency shall be throughout the incorporated area of the City of Edgewater. It shall have the following membership, powers, duties, responsibilities and limitations. SECTION 3. MEMBERSHIP, PLACE OF RESIDENCE, TERMS OF OFFICE: The Agency shall have seven members appointed by the City Council for a term of three (3) years. All members shall reside in the City of Edgewater. Initial appointments, however, shall be staggered. No agency member shall serve in office for more than two consecutive three year terms. SECTION 4. REMOVAL FROM OFFICE, VACANCIES If a member is absent for three consecutive meetings without being excused prior to said meeting by the Chairman, said member shall forfeit his/her office and it shall be deemed vacant. Any vacancy occurring during the unexpired term of office of any mem- ber shall be filled by the City Council for the remainder of the term. The vacancy shall be filled within 30 days from the time it occurs. Any member of the Agency may be removed from office for cause by the City Council, upon written charges and after an opportunity to be heard. 1 SECTION 5. OFFICERS, EMPLOYEES: The Agency shall elect a chairman, vice-chairman and secre- tary from among its members. The Planning Department shall pro- vide clerical and staff assistance. SECTION 6. RULES OF PROCEDURE The Agency shall meet at regular monthly intervals, and at such other times as it may deem necessary, for the transaction of its business. It shall adopt written by-laws and keep a properly indexed public record of its resolutions, transactions, findings and recommendations. The Agency may in its by-laws limit the number of new amendments or special exception applications which it shall hear each month. A quorum shall be four (4) members. No recommendations for approval of any amendment or special excep- tion application may be made unless four (4) members concur. SECTION 7. POWERS AND DUTIES: A. The Agency shall have the powers of administrative re- view in that the Agency shall have the power to hear and decide appeals when it is alleged there is error in any order, require- ment, decision, or determination made by the enforcement official in the enforcement of the Zoning Ordinance or any land development regulations. It shall have the general responsibility for the conduct of the comprehensive planning program. It shall perform any other duties assigned by the city council, and may prepare and recommend to the city council any other proposals to implement the comprehensive plan. The Agency shall hear applications from the City Council or any person for amendment, variances or special exceptions to the Zoning Ordinance. If the proposed amendment, variance or special exception relates to a specific area of land, it shall be heard only if it is presented by the person owning 51% or more of that land or it's lawfully designated agent. B. The Agency is hereby designated as the Land Development & Regulatory Agency as required by Section 163.3161, Florida Statutes, et seq. and Section 163.3174, Florida Statutes of the Local Government Comprehensive Planning and Land Development Regu- lation Act. It shall prepare, or cause to be prepared, the ele- E ments of the comprehensive plan required in Section 163.3177, Florida Statutes, and any other appropriate elements, and shall make recommendations regarding the comprehensive plan to the City Council. It shall have the general responsibility for the con- duct of the comprehensive planning program. It shall comply with all requirements of the Local Government Comprehensive Planning and Land Development Regulation Act and shall monitor and oversee the effectiveness and status of the comprehensive plan, and recom- mend to the City Council, such changes in the comprehensive plan as may from time to time be required. It shall perform any other duties assigned by the City Council, and may prepare and recom- mend to the City Council any other proposals to implement the comprehensive plan. C. As the local planning agency, the Agency is hereby also designated as the Land Development & Regulatory Agency in accor- dance with the provisions of Section 163.3161, at seq. and Sec- tion 163,3194, Florida Statutes of the Local Government Comprehen- sive Planning and Land Development Regulation Act. The Agency shall develop and recommend to the City Council land development regulations which implement the comprehensive plan and review land development regulations or amendments thereto for consisten- cy with the adopted plan. SECTION 8. That Appendix A, Zoning, of the Code of Ordinances of the City of Edgewater, be amended as follows: Section 200.00 - Interpretation of certain terms and words. Beet& of Adjustment Land Development & Regulatory Agency Planning and Bening beard -The Edgewater Planning and Bening Beard.- Land Development & Regulatory Agency Section 304.00 Uses by right Uses not designed as permitted by right or subject to addi- tional conditions in a district shall be prohibited from that district except as provided hereafter. Special exceptions are permitted subject to additional regulations imposed. The special exceptions may be approved only by the beard of adjustment Agency following proper application as described in Article X, Section 1001. Uses and businesses not specifically classified or 3 named in this ordinance shall be classified in the category most closely resembling such business or use by the following method: Whenever an application is made for an occupational license or building permit or use of property not specifically named in this ordinance, such application shall be submitted to the Bening beard, Agency, which beard Agency shall promptly recommend to the city council whether such proposed use or busi- ness should be permitted in the particular zoning district where the use or business is being requested, thereupon the city council shall pass an ordinance with all proper dispatch classify- ing such business or use as determined by the city council, taking into consideration the recommendations of the Bening beard Agency, but the judgment of the city council, as deter- mined by such ordinance, shall be controlling. The Bening beard Agency, in addition to making findings that the proposed business or use shall be in conformity with the zoning ordinance, shall also make written findings to be submitted to the city coun- cil that determine that the following are fulfilled: (a) The requested use will not impair the character of the surroundings or adjoining districts, nor be detrimental to the public health, morals or welfare; (b) The requested use will be in conformity with the land use plan; (c) Adequate utilities, parking, access roads, drainage, sanitation, and/or other necessary facilities have been or are being provided; (d) The proposed use will not increase traffic congestion. If the City Council or rening beard Agency approves a use or business not specifically classified in this ordinance, then the City Council or Bening beard Agency may attach such conditions thereto as may be necessary to accomplish the objec- tives set forth:..... Section 404.00 Uses Under Special Exception provisions not nonconforming uses. 4 C Any use which is permitted as a special exception in a dis- trict under the terms of this ordinance (other than a change through beard of adjustment Agency action ....... Section 502.08 Beard e€ Adjestm®rtt Agency to interpret boundaries in case of variances between actual features and zoning map: Where natural or man-made features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections 502.01 through 502.07 above, the beard of adjustment Agency shall interpret the boundaries. Section 502.09 District boundary dividing a lot: Where a district boundary line divides a lot which was in single ownership at the time of passage of this ordinance, the beard e€ adjustment Agency may permit, as a ......... Section 603.01 R-9 Multi -Family district (h) Deed covenants: The developer shall supply in writing all covenants and restrictions that will govern the maintenance of the open space and other aspects of the multi -family dwelling project that are necessary for the welfare of the project and consistent with the best interest of Edgewater. Such legal in- struments shall be submitted with the site plan and approved by the seeing and planning beard Agency,...... Section 603.02 R-5 Multi -Family district (k) Deed covenants: The developer shall supply in writing all covenants and restrictions that will govern the maintenance of the common open space and other aspects of the multi -family dwelling project that are necessary for welfare of the project and consistent with the best interest of Edgewater. Such legal instruments shall be submitted with the site plan and approved by the aening and planning beard, Agency,..... (1) Utility lines for multi -family dwelling and cluster housing development projects: All utility lines for multi -family dwellings and cluster housing development projects shall be installed beneath the sur- face of the ground and a planned layout indicating their location 5 shall be submitted to the toning and planning beard Agency Section 603.03 R-5A Multi -Family district (k) Deed covenants: The developer shall supply in writing all covenants and re- strictions that will govern the maintenance of the common open space and other aspects of the multi -family dwelling project that are necessary for the welfare of the project and consistent with the best interests of Edgewater. Such legal instruments shall be submitted with the site plan and approved by the toning and planning beard Agency ...... (1) Utility lines for multi -family dwelling and cluster housing development projects: All utilty lines for multi -family dwelling and cluster housing development projects shall be installed beneath the sur- face of the ground and a planned layout indicating their location shall be submitted to the toning and planning beard Agency... - Section 603.04 R-6 Multi -Family district (k) Deed covenant: The developer shall supply in writing all covenants and re- strictions that will govern the maintenance of the common open space and other aspects of the multi -family dwelling project that are necessary for the welfare of the project and consistent with the best interest of Edgewater. Such legal instruments shall be submitted with the site plan and approved by the toning and planning beard Agency....... (1) Utility lines for multi -family dwelling and cluster housing development projects: All utility lines for multi -family dwelling and cluster hous- ing development projects shall be installed beneath the surface of the ground and a planned layout indicating their location shall be submitted to the toning and planning beard Agency as part of the site plan requirement. Section 604.00 RR -Planned Unit Development district (D) Special exceptions: The following special uses may be developed as an integral part of the RR-PUD plan provided they 6 are approved by the city council and subject to the regulations of this ordinance. The toning and planning beard Agency .....- (E) (3) open space: A minimum of sixty (60) per cent of the net project area shall be devoted to open space. The net project area shall be the gross project area less street right-of-way or lands occupied by buildings. The open space may include open parking areas when the same are properly landscaped and approved by the seeing and planning beard Agency. (7) (h) The toning and planning beard Agency.... (10) Landscaping and utility lines: All required open space, parking lot islands and all land area not otherwise developed shall be landscaped in a manner that enhances the appearance of the RR-PUD project and in accordance to the planting plan as re- quired in subsection (H)(1)(b). All utility lines shall be in- stalled beneath the surface of the ground and a planned layout and specifications to accomplish this requirement shall be submitted to the toning and plaaning beard Agency as an integral part of the RR-PUD application. (12) (a) sign review and approval: When the final plan is reviewed by the toning and planning beard Agency and approved by the city council, all sign design and location proposals shall also be reviewed by the toning and planning beard Agency and approved by the city council. (F) Pre -application conference: Before submitting an appli- cation for rezoning to a RR-PUD district, an applicant shall con- fer with the toning and planning beard to obtain information and guidance before entering into binding commitments, or incur- ring substantial expense in the preparation of plans, surveys, and other data. Within ten (10) days after the pre -application conference above set forth, the toning and planning beard Agency ..... (G) (2) Approval of outline development plan: (a) Within thirty (30) days after the filing of the outline development plan, the toning and planning beard Agency....... (H) (b) If an outline development has been approved within 7 six (6) months following its approval. In its discretion and for good cause, the seeing and punning beard Agency...... (H) (2) (b) If the outline development plan map has been submitted and approved, the applicant shall file the preliminary development plan with the zoning and punning beard Agency. (H) (2) (c) The planning and toning beard Agency shall give notice of the review and provide an opportunity for the fol- lowing to be heard. 1. Any freeholder of the City of Edgewater, who is on re- cord as having appeared at the hearing on the outline development plan. 2. Any freeholder of the City of Edgewater who has indica- ted to the toning and planning beard agency in writing that he wishes to be notified. 3. Any proposed building that exceeds thirty-five (35) feet in height the developer shall before obtaining building permits, furnish specifications to the toning and punning beard Agency of his proposed fire protection plans. Upon the toning and planning beardis Agency's ...... (I) Final development plan: The final plan shall be filed with the tening and punning beard Agency...... (I) (2) (a) The punning and toning beard Agency.... (I) (2) (b) Upon the toning and punning boardis Agency's........ Section 605.02 MH-2 Mobile Home Subdivision district (i) Application for rezoning The toning and planning beard Agency shall review the outline development plan and recommend within thirty (30) days that the rezoning be approved or disapproved. After the city council receives the planning and toning beard Agency......... (j) Site plan requirement: Prior to the issuance of a thirteen(13) building permit, copies of a site plan must be submitted to and approved by the planning beard Agency...... (k) Planning beard Agency review and approval: (1) The planning and toning beard Agency.... 0 ( 2 ) Before acting on the plan the planning and Bening beard Agency. ... (3) The planning and zening beard Agency..... (4) Upon completing its review, the planning and zoning beard Agency shall approve, subject to conditions or disapprove the site plan. The reasons for such action shall be stated in writing and reference shall be made to the specific requirements with which the site plan does not comply with. The subdivider shall be notified by registered mail and may prepare another site plan that will meet the planning and zoning beard's Agency's conditions..... Section 606.01 B-2 Neighborood Business district (i) (8) General locations of open areas and their treatment. The wing beard Agency shall review the outline develop- ment plan and recommend within thirty (30) days that the rezoning be approved or disapproved. After the city council reviews the zening beard's Agency's..... (j) Site plan approval: After the site plan has been ap- proved by the planning beard Agency ..... Section 606.02 B-3 Highway district (i) (8) General locations of open areas and their treatment The toning beard Agency shall review the outline develop- ment plan and recommend within thirty (30) days that the rezoning be approved or disapproved. After the city council reviews the wing beard's Agency's ....... (j) Site plan approval: After the site plan has been ap- proved by the planning beard and zening beard Agency...... Section 606.04 B-5 Planned Shopping Center district (j) The zening beard Agency ..... Section 607.03 [PID Planned Industrial Development district] (d) The gross floor area devoted to the permitted uses shall be approved by the zening beard and punning beard Agency..... (e) (2) Open space: A minimum of fifty (50) per cent of the net project area shall be the gross project area less rights -of -way. The open space may include open parking areas 9 that are properly landscaped and approved by the toning beard and planning beard Agency. (4) (h) The zoning beard and planning beard Agency..... (1) Before submitting an application for rezoning and/or site plan approval for a PID district, an applicant shall confer with the zoning beard and planning beard Agency to obtain certain information and guidance before entering into binding commitments, or incurring substantial expense in the preparation of plans, surveys and other data. Within ten (10) days after the preapplication conference above set forth, the zoning beard and planning beard Agency..... (m) (3) Approval of outline development plan (a) Within thirty (30) days after the filing of the outline development plan, the zening beard and the planning beard Agency.... (n) (2) If an outline development plan has been approved, within six (6) months following its approval. In its discretion and for good cause,the zoning and planning beard Agency....... (n) Approval of preliminary development plan: (2) If the outline development plan map has been submitted and approved, the applicant shall file the preliminary develop- ment plan with the zoning beard and planning beard Agency. (3) The toning beard and planning beard Agency...... (o) Final development plan: The final plan shall be filed with the zoning beard and planning beard Agency...... (o) (2) a. The toning beard and planning beard Agency.... b. Upon the toning beard and planning beardis Agency's.... (q) (5) Storm water management a. General: A complete storm water management system shall be provided for all areas of the project site and for handling storm water run-off that flows into or across the project site from the outside. The system shall be designed in accordance with the performance standards of the storm water ordinance [Ord. 10 No. 80-0-661 adopted by the City of Edgewater, Florida and shall be subject to approval by the city planning beard Agency. (a) (1) Minor changes in the location, siting and height of buildings and structures may be authorized by the taming beard and planning beard Agency....... Section 715.01. Application for rezoning. The zoning beard Agency shall review the outline develop- ment plan and recommend within thirty (30) days that the rezoning be approved or disapproved. After the city council receives the toning beard+a Agency's recommendations, the city council shall schedule a public hearing. If, after the public hearing, the city council approves the outline development plan, the zoning map shall be amended to show the appropriate rezoning dis- trict. After the zoning has been granted and zoning beardie Agency's....... Section 715.02 Site plan approval: Prior to the issuance of a building permit, a site plan must be approved, subject to review by the city council, by the planning and taming beard Agency........ V. Schedule: (2) An application for site plan review shall be submitted no later than4:30 p.m., thirty (30) days prior to the planning and taming beard Agency meeting. All site plans will be re- viewed first by the department heads. The department head com- ments will be discussed at a department head meeting. At the department head meeting, the department head will either approve, disapprove, or approve with conditions the site plan. In the week(s) between the department head meeting and the planning and taming beard Agency...... (3) The punning and taming beard Agency.... (4) If the punning and tening beard Agency...... VI. Approval: (2) Preliminary site plan approval: A site plan will be given preliminary site plan approval if the punning and taming beard Agency determines that the project has been properly de- signed and substantially prepared, based on the information that has been submitted by the applicant and reviewed by the depart- ment heads, but, there are details that must be provided or con- tingencies that must be taken care of before final site plan ap- proval can be issued. After obtaining preliminary site plan ap- proval, the applicant must then satisfactorily address all planning and toning beard Agency stipulations before ob- taining a final site plan approval. Section 715.03 (2) All other changes in the use or any rearrangement of parking areas, buildings, lots or any changes inthe provisions of common open spaces must be made by the toning and planning beard Agency..... Section 715.05 Applications. All applications to the toning and planning beard Agency...... Section 716.00 Planning and toning beard Agency recommendations. An affirmative vote of not less than three (3) city council members shall be required to adopt or amend an ordinance contrary to any decision or recommendation submitted by the planning and toning beard Agency. Section 900.00. All references to Beard of Adjdstments are hereby deleted and substituted by the Agency. Section 1000.00. Filing Appeals. Section 1000.04 Notification about application: The en - forcemeat official shall transmit the appeal and accompanying exhibits to the beard of adjdstment Agency within ten (10) days after the receipt of the appeal. Section 1000.05 Public hearing: The chairman of the beard of adjustment Agency shall schedule a public hearing within forty (40) days from the receipt of the appeal...... Before a public hearing may commence, the beard Agency must determine that the aforementioned public notice requirements have been met. Section 1000.06 Appeal stays all proceedings: An appeal stays all proceedings in furtherance of the action appealed from 12 unless the enforcement official certifies to the beard of ad- justment Agency.... Section 1001.01 Application forms: Applications for a special exception as provided for in this ordinance shall be signed by the applicant on forms prescribed by the beard of adjustment Agency and mailed to the enforcement official. In addition, the application shall be accompanied by a filing fee of fifty dollars ($50.00). Section 1001.03 Notification about application: Within ten (10) days after the application is received by the enforcement official, he shall notify the beard of adjustment and the plan- ning and tening beard Agency of the application. Section 1001.04 Public hearing: The chairman of thebeard of adjustment Agency.... Section 1001.05 Bening and planning beard Agency review and recommendations: The tening and planning beard Agency shall review the application prior to the public hearing and shall present its recommendations to the beard of adjust- ment Agency atthe public hearing. The toning and planning beard Agency may revise its recommendations following the public hearing. Section 1002.01 Application forms: Applications for vari- ances from the terms of this ordinance shall be signed by the applicant, on forms prescribed by the beard of adjustment Agency. ... Section 1002.03 Review of the application and notification: The enforcement official shall review the application and deter- mine that sufficient data is contained to adequately describe the situation to the beard of adjustment Agency.... Section 1002.04 Public hearing: The chairman of the beard of adjustment Agency Section 1002.05 Beard of Adjustment Agency decision: The beard of adjustment Agency shall approve or deny the ap- plication for a variance following the public hearing as speci- fied in this Article X of this ordinance. All decisions of the 13 beard of adjustment Agency shall be subject to final approval by the city council. Section 1100.00 Action by applicant Section 1100.01 Initiation of amendments proposed: Changes or amendments may be initiated by the city council, planning and rening beardT beard of adjustment Agency or by one or more owners or their authorized agents of property within the area proposed to be changed or affected. Section 1100.02 Application: An application for any change or amendment shall be made upon a form furnished for this purpose by the enforcement official. Such application shall be filed with the enforcement official not later than ten (10) days prior to the planning and toning beard Agency meeting at which the application is to be considered. Section 1101.00 Action by punning and toning beard Agency The planning and toning beard Agency shall consider and make recommendations to the City Council concerning each proposed zoning amendment. The punning and toning beard Agency may hold separate public hearings or may sit concurrently with the public hearing held by the city council. Section 1102.0 Action by the City Council. Before taking such lawful action as it may deem advisable, the city council shall consider the punning and toning boardis Agency's recommendations on each proposed zoning amendment. If no recommendation is received from the planning and toning beard Agency within thirty (30) days after the public hearing by the city council, the proposed amendment shall be deemed to have been approved by the punning and seeing beard Agency. Section 1103.00 Notice of Public Hearing. Ordinances initiated by the Citv Council or its designee which rezone specific parcels of private real property or which substantially change permitted use categories in zoning districts shall be enacted pursuant to the provisions of FS. 166.041. No amendment shall be -adopted by the City Council until after "Due 14 Public Notice" and hearing. "Due Public Notice" as used in connection with the phrase "public hearing" or "hearing with due public notice" shall mean the publication of notice of time, place and purpose of such hearing at least twice in a newspaper of general circulation in the area, with the first such publication to be at least fifteen (15) days prior to the date of such public hearing, and the second such publication to be at least five (5) days prior to the hearing. In addition, except where the hearing applies to all of the lands within the City of Edgewater, similar notice setting forth the time, place and purpose of such hearing shall be mailed by the applicant to the last known address of the owners of the property involved and the owners of the propety adjoining the property involved; in conspicuous notice shall also be posted in a conspicuous place or places on or around such lots, parcels or tracts of land as may be involved in the hearing. In the case of an intervening right-of-way, the term "property adjoining" shall mean the property abutting the right-of-way immediately opposite the property involved in the request. In the case of a petition by the owners of fifty-one (51) percent or more of the area involved, the City shall require such persons to give the notice required by mail and to post the property in accordance with this Ordinance. In all cases, affidavit proof of the required publication, mailing, and posting of the notice shall be presented at the hearing. SECTION 9. That Appendix B, Subdivisions, of the Code of Ordinances of the City of Edgewater, is hereby amended as follows: ARTICLE II. ENACTMENT AND AUTHORITY The city council of Edgewater, Florida, pursuant to auth- ority granted by the City Charter, [and] Chapters 166 and 177, Florida Statutes, resolves that the following articles and sec- tions be adopted. The Edgewater Planning and Seeing Beard Agency is hereby authorized and accredited by the city council of Edgewater, Florida, for the purpose of approving subdivision 15 plats and performing all of the functions prescribed in these regulations. ARTICLE VI. DEFINITION OF TERMS Planning eemmissiene The Edgewater Planning eemmission Land Development & Regulatory Agency Article VII. PROCEDURE FOR SUBDIVISION APPROVAL (A) Minor subdivisions (4) After determination by the toning beard Agency.... (B) General: Before any land under the jurisdiction of these subdivision regulations is to be subdivided which will require any new street, alley or public right-of-way to be created or before any building, street, drainage or utility construction in said subdi- vision is begun, plans shall be approved by the toning beard Agency and the city council according to the procedures estab- lished herein. (C) Site plan approval under zoning ordinance The proposed subdivision shall also be subject to all the requirements of site plan approval set forth in the zoning ordi- nance, if applicable. Site plan approval may proceed simul- taneously with subdivision approval at the discretion of the eening beard Agency. (D) Preapplication procedures (2) Subdivision sketch plan. At least fifteen (15) days prior to a regular meeting of the tening beard Agency, the subdivider may submit in writing to the toning beard Agency.. (3) Zoning beard Agency action. The toning beard Agency shall review the sketch plan for conformity with the com- prehensive plan, the zoning ordinance and the regulations. Ap- proval of the sketch plan shall indicate acceptance of the gen- eral overall development scheme. The toning beard Agency may require further changes in the subdivision as a result of further study of detailed information in the preliminary plat. The subdivider or his agent shall attend the toning beard Agency meeting at which the sketch plan is to be discussed to explain the proposed development. 16 (E) Preliminary plat procedure (1) Application for preliminary plat approval. The subdi- vider shall submit to the planning department at least fifteen (15) days prior to a regularly scheduled meeting of the toning beard Agency:...... (4) The toning beard Agency shall hold a public hearing on the preliminary plat with due public notice. The subdivider or his duly authorized representative shall attend the meeting of the toning beard Agency to discuss his preliminary plat. (5) Bening beard Agency review. The toning beard Agency. ... (6) Bening beard Agency action. Upon completion of its review, the toning beard Agency ....... (7) Notification of action. The action of the teningbeard Agency...... (8) Automatic approval. Failure of the toning beard Agency to approve, approve with conditions, or disapprove the properly submitted and completed preliminary plat within sixty (60) days after submission thereof shall be deemed to be approval of the plat and a certificate of preliminary plat approval shall be issued by the toning beard Agency on demand, unless the subdivider consents to an extension of time. (9) Effect of approval... Preliminary approval shall expire and be of no further effect twelve (12) months from the date of preliminary approval unless the time is extended by the toning beard Agency.... (G) Construction plans procedure (5) Sectionalizing subdivisions. The toning beard Agency. ... (H) Construction plan specifications. Plans for the requi- red improvements shall be approved by the city engineer prior to construction and only after approval of the preliminary plat by the toning beard Agency.... (I) Final plat procedure (1) General. No lots shall be sold and no street accepted and maintained by the City of Edgewater, nor shall any permit be 17 issued by building official for the construction of any building within such subdivision unless and until the final plat has been approved by the taming beard Agency... (2) Application for final plat approval. After preliminary plat approval by the toning beard Agency and installation of all required improvements or the posting of a surety bond, the subdivider shall, within twelve (12) months, submit to the plan- ning department at least fifteen (15) days prior to the meeting of the toning beard Agency.... (3) Zoning beard Agency review. The toning beard Agency shall review and take final action on the final plat within forty-five (45) days after the plat is submitted to the planning department. Failure of the taming beard Agency to take such action will constitute automatic approval of the final plat. Before acting on the final plat, the toning beard Agency... ( 4 ) Zoning beard Agency action. If the final plat meets all requirements of these regulations and complies with the approved preliminary plat, the taming beard Agency shall ap- prove the final plat and indicate its approval on each copy by signature of the toning beard Agency chairman. Upon approval by the taming beard Agency, the final plat shall be referred to the city council for final action. If the final plat is disapproved by the taming beard Agency, the reason for such action shall be specified in writing. One copy of such reasons shall be retained by the planning depart- ment and the other transmitted to the subdivider. The subdivider may make the recommended changes and resubmit the final plat to the taming beard Agency. (J) Final plat specifications (21) Signed certificates. The following certificates shall appear on the final plat. Certificates (a), (b) and (c), shall be properly signed before the final plat is submitted to the taming beard Agency, and certificates (d), (e) and (f) shall 18 be properly signed after the final plat is approved by the toning beard Agency and city council. (d) Certificate of approval by the toning beard Agency (Appendix B, Exhibit 4). ARTICLE IX. DESIGN STANDARDS (B) (11) (j) (1.) In the case of a subdivision for which a plat is required to be recorded, as a condition of preliminary plat approval, the developer shall agree in writing to convey land for parks and open space, pay a fee in lieu thereof, or both, at the option of the city council at the time and according to the standards and formula in this ordinance after a recommenda- tion from the planning eemmiaaien Agency.... 2. In the case of a planned unit development for which a condominium plat is required to be recorded, as a condition of site approval, the developer shall convey land or parks and open space, pay a fee in lieu thereof, or both, at the option of the city council and according to the standards and formula in this ordinance after a recommendation from the planning eemmiaaien Agency. ... ARTICLE X. VARIANCES, EXCEPTIONS AND APPEALS (A) variances The toning beard Agency... Furthermore, such variance shall not be granted by the teeing beard Agency unless and until: (1) A written application (Appendix E) for a variance is submitted by the subdivider to the toning beard Agency demon- strating:.... (2) The toning beard Agency.... (3) The teeing beard Agency... (4) The toning beard Agency... (6) The toning beard Agency ... (B) Exceptions. The standards and requirements set forth in these regula- tions may be modified by the toning beard Agency in the case of a planned unit development, group development, large-scale community development, or commercial or neighborhood development 19 which is not subdivided into customary lots, blocks and streets which in the judgment of the--ter3ng--boar&-- Agency, provides adequate public spaces and improvements for the circulation, re- creation, light, air and service needs of the tract when fully developed and populated, and which also provides such covenants or other legal provisions as will assure conformity to and imple- mentation of the comprehensive plan. In granting such modifica- tions, the-zvn+ng--board-- Agency shall require such reasonable conditions and safeguards in conformity with this ordinance. Before granting such modifications, a public hearing will be held by the -zoni g board - Agency with due public notice. (C) Appeals Any person aggrieved by the--emfi-ng-.board'.e-- Agency's deci- sion regarding a preliminary or final subdivision plat, or the --aa,n-i�rg•-beard1s-- Agency's decision regarding any variance or exception, may submit, in writing, an appeal to the city council specifying grounds for appeal. Such appeal shall be noted to the city clerk within fifteen (15) days after the action is recorded in the minutes of the--sealag-beard-- Agency, and shall be heard within thirty (30) days after notice to the city clerk at a reg- ularly scheduled meeting of the city council. The city clerk shall give due notice of the hearing by certified mail to the subdivider appealing and to the--aea3-sg-board- Agency. The city council may hear testimony and may sustain, alter or set aside the action of the -see#eg-beamed- Agency. ARTICLE XI. ENFORCEMENT PROVISIONS (A) violation a misdemeanor Any person who, being the owner or agent of the owner of any land located within the city or within the platting jurisdiction granted to the city, thereafter transfers or sells such land or any part thereof before such subdivision has been approved by the -ass-i ag-boar- Agency..... ARTICLE XII. AMENDMENTS (A) Amendment procedure This ordinance may be amended from time to time by the city council, but no amendment shall be effective unless it shall have 20 been proposed by or shall have been submitted to the --Waning -boar-d- Agency for review and recommendation. The -ao�si-sg-4eatb- Agency shall have thirty (30) days within which to submit its report. If the--aoaing-board Agency fails to submit a report within the specified time, it shall be deemed to have approved the amendment. SECTION 9. That all ordinances or parts of ordinances and all resolutions in conflict herewith, be and the same are hereby repealed. SECTION 10. If any section, part of a section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected., SECTION 11. This Ordinance shall take effect immediately upon its adoption by the City Council of the City of Edgewater, Florida, and approval as provided by law. This Ordinance was introduced by Councilman Mitchum This Ordinance was read on first reading and passed by a vote of the City Council of the City of Edgewater, Florida, and approval as provided by law, at a regular meeting of 8 said Council held on the loth day of February , 198$. The second reading of this Ordinance to be at a regular meeting of the City Council of the City of Edgewater, Florida, to be held on the 7th day of March , 198A. ROLL CALL VOTE ON ORDINANCE NO. 88-0-8 SECOND READING: Council n-Zo�Thre1i�"- du � Councilman -Zone Four maltor I 21 0 :oudailman=Zone'Y%ko 7' :ounci man- e T)(rea ncilman-Zone Four This Ordinance read and adopted on second reading at a regular meeting of the City Council of the City of Edge- water-, Florida, and authenticated this 2 day of 1988. Thi Ordinance repared by: C orney 22