2008-O-04
ORDINANCE NO. 2008-0-04
AN ORDINANCE OF THE CITY OF EDGEW A TER,
FLORIDA, ADOPTING THE EVALUATION AND
APPRAISAL REPORT (EAR) FOR THE CITY'S
COMPREHENSIVE PLAN ; STATING THE INTENT OF THE
CITY COUNCIL TO AMEND THE COMPREHENSIVE PLAN
BASED UPON RECOMMENDATIONS CONTAINED IN THE
REPORT; PROVIDING FOR TRANSMITTAL OF THE
REPORT TO THE DEPARTMENT OF COMMUNITY
AFFAIRS (DCA) IN ACCORDANCE WITH SECTION
163.3191, FLORIDA STATUTES; PROVIDING FOR
RESOLUTION OF CONFLICT WITH EXISTING
ORDINANCES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR PUBLICATION; AND PROVIDING FOR
APPROVAL AND AN EFFECTIVE DATE.
WHEREAS, the City of Edge water City Council has previously adopted the Comprehensive
Plan for the City; and
WHEREAS, the Florida Legislature intends that local planning be a continuous and ongoing
process; and
WHEREAS, Section 163.3191, Florida Statutes directs local governments to periodically
assess the success or failure of the adopted plan to adequately address changing conditions and state
policies and rules; and
WHEREAS, Section 163.3191, Florida Statutes, further directs local governments to adopt
needed amendments to ensure that the plan provides appropriate policy guidance for growth and
development; and
WHEREAS, the City of Edgewater, with the assistance of the Planning and Zoning Board,
held a series of public workshops to receive input regarding the direction and vision of the City of
Edgewater; and
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2008-0-04
WHEREAS, the Planning and Zoning Board has reviewed the Evaluation and Appraisal
Report (EAR), advertised and held a public hearing, provided for participation by the public in the
process, and rendered its recommendation to the City of Edgewater City Council; and
WHEREAS, the City Council has reviewed the Evaluation and Appraisal Report (EAR),
advertised and held public hearings and provided for comments and public participation in the
process in accordance with the requirements of state law and the procedures adopted for public
participation in the planning process.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA, AS FOLLOWS:
SECTION 1. The City Council of the City of Edgewater does hereby adopted the
Evaluation and Appraisal Report (EAR) dated June 2008, a copy of which is attached hereto and
incorporated herein as Exhibit "A".
SECTION 2. The City Council does hereby state its intention to amend the City of
Edgewater's Comprehensive Plan in accordance with the recommendations contained in the
Evaluation and Appraisal Report (EAR).
SECTION 3. TRANS MITT AL. The City Council does hereby adopt and approve
transmittal of the Evaluation and Appraisal Report to the Department of Community Affairs (DCA)
for the purpose of a sufficiency review in accordance with Section 163.3191, Florida Statutes.
SECTION 4. CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof, in conflict with this ordinance,
are hereby superseded by this ordinance to the extent of such conflict.
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SECTION 5. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void by a court of competent jurisdiction, 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 circumstances by a court of competent jurisdiction, such
holding shall not affect its applicability to any other person, property, or circumstance.
SECTION 6. PUBLICATION. That this Ordinance shall be published as required by law.
SECTION 7. ADOPTION.
After Motion to approve by Councilwoman Rhodes and Second by Councilwoman Rogers,
the vote on the first reading of this ordinance held on June 2,2008, was as follows:
AYE
NAY
Mayor Mike Thomas
x
Councilwoman Debra J. Rogers
x
Councilwoman Gigi Bennington
ABSENT
Councilwoman Harriet B. Rhodes
x
Councilman Ted Cooper
x
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After Motion to approve bY~l1f1Jl;II\l')MClil Rhodpc, and Second bfcw~1l11~1MOlI ~nf)'Jhro the
vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Mike Thomas . X
Councilwoman Debra 1. Rogers X
Councilwoman Gigi Bennington X
Councilwoman Harriet B. Rhodes X
Councilman Ted Cooper X
PASSED AND DULY ADOPTED this 22nd day of September, 2008.
ATTEST:
CITY COUNCIL OF THE
CITY OF EDGE
~~, n. lU~ 0
Bonnie A. W enzel ~
City c;lerk' ,. .,j.,...
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By:
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Robin 'L. Matusick
Paralegal
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For use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Carolyn S. Ansay, Esquire
City Attorney
Doran, Wolfe, Ansay & Kundid
Approved by the City Council of the City of
Edgewater at a meeting held on this 22nd day of
September, 2008 under Agenda Item No. ~.
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