90-O-18
.. -\
..
....,
ORDINANCE NO. 90-0-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE-
WATER, FLORIDA, SETTING FORTH THE AUTHORITY FOR THE
ADOPTION OF THE COMPREHENSIVE PLAN; PROVIDING FOR THE
ADOPTION OF THE EDGEWATER COMPREHENSIVE PLAN;
IDENTIFYING THE CONTENTS OF THE COMPREHENSIVE PLAN;
ESTABLISHING THE LEGAL STATUS OF THE COMPREHENSIVE
PLAN; PROVIDING FOR ADMINISTRATION OF THE COMPREHENSIVE
PLAN, PROVIDING FOR AN ADMINISTRATIVE PROCESS FOR THE
DETERMINATION OF VESTED RIGHTS; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 163.3161, Florida Statutes, establishes
the Local Government Comprehensive Planning and Land Development
Regulation Act; and
WHEREAS, the City of Edgewater is required to adopt the
Edgewater Comprehensive Plan pursuant to the provisions of Sec-
tion 163.3184(7), Florida Statutes, and
WHEREAS, the Edgewater Land Development and Regulatory
Agency, as the duly designated local planning agency, held public
hearings on September 26th and September 28th, 1989, and recom-
mended the submittal of the draft Edgewater Comprehensive Plan to
the Department of Community Affairs, and
WHEREAS, the City Council of the City of Edgewater held a
public hearing on October 23, 1989 and approved the draft Edge-
water Comprehensive Plan for submittal to the Department of Com-
munity Affairs; and
WHEREAS, the City of Edgewater received the Department of
Community Affairs' "Objections, Recommendations, and Comments
Report" on February 12, 1990, reflecting their review of the
draft Edgewater Comprehensive Plan; and
Edgewater Land Development
~h_::::::<>::::e::::il of the Cit:10a;'E:::water held a
public hearing on May 21, 1990 and adopted the Edgewater Compre-
hensive Plan after considering the written comments of the Depart-
ment of Community Affairs and other written and oral comments
submitted by members of the public.
NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
EDGEWATER, FLORIDA:
1
.. .
.,.
....,
SECTION 1. Authority.
This ordinance is adopted in compliance with, and pursuant
to the Local Government Comprehensive Planning and Land Develop-
ment Regulation Act, Section 163.3184, Florida Statutes.
SECTION 2. Adoption of the Edgewater Comprehensive Plan.
The Comprehensive Plan is hereby adopted in conformance
with, and pursuant to provisions of the Local Government Compre-
hensive Planning and Land Development Regulation Act, Section
163.3184, Florida Statutes. By adoption of the Edgewater Compre-
hensive Plan, the previously approved Comprehensive Plan is here-
by amended.
SECTION 3. Contents of the Edgewater Comprehensive Plan.
The Egewater Comprehensive Plan shall consist of the provi-
sions of this ordinance: the goals, objectives, and policies of
the Future Land Use Element; the Traffic Circulation Element; the
Sanitary Sewer, Solid Waste, Drainage, Potable Water, and Natural
Groundwater Aquifer Element; the Coastal Management Element; the
Conservation Element; the Recreation and Open Space Element; the
Intergovernmental Coordination Element; and the Capital Improve-
ments Element; the Capital Improvements Implementation Require-
ments; the Monitoring and Evaluation Plan; the Future Land Use
Map Series; the Future Traffic Circulation Map Series; and the
responses to the Department of Community Affairs, "Objections,
Recommendations, and Comments Report."
SECTION 4. Legal Status of the Edgewater Comprehensive
Plan.
A. After the effective date of this ordinance, all actions
taken in regard to development orders issued by the City of Edge-
water shall be consistent with the Edgewater Comprehensive Plan.
B. After the effective date of this ordinance, all develop-
ment undertaken by the City of Edgewater shall be consistent with
the Edgewater Comprehensive Plan.
C. All land development regulations enacted or amended
shall be consistent with the Edgewater Comprehensive Plan. Any
land development regulations existing at the time of adoption
which are not consistent with the Edgewater Comprehensive Plan
2
....
~
shall be amended so as to be consistent. During the period when
the provision of the Edgewater Comprehensive Plan and the land
development regulations are inconsistent, the provisions of the
Comprehensive plan shall govern any action taken in regards to
development orders.
D. A development order or action shall be consistent with
the comprehensive plan if the land uses, densities, or intensi-
ties, and other aspects of development are compatible with and
further the goals, objectives, and policies of the Edgewater Com-
prehensive Plan.
SECTION 5. Administration.
The City Manager, or his/her designee, shall be responsible
for the general administration of the Edgewater Comprehensive
Plan. The Planning and Zoning Director or his/her designee,
shall be responsible for evaluating all development orders for
consistency with the comprehensive plan. All land development
regulations, or amendments thereto shall be reviewed, pursuant to
Section 163.3194(2), Florida Statutes, by the Land Development
and Regulatory Agency prior to adoption by the City Council.
SECTION 6. Vested Rights.
A. Definitions:
1.) Development Order - "An order issued by the Planning
and Zoning Department upon approval of any official board, coun-
cil, or administrative official authorizing a specific use and
development, and further authorizing the subsequent issuance of
any necessary development permits."
2.) Development Permit - "The formal permission to alter,
clear, fill, grade, excavate, raze, move, remove, or otherwise
develop land: or construct or erect structures within the City of
Edgewater."
B. In implementing this comprehensive plan, the City of
Edgewater shall establish an administrative procedure by which
the determination of vested rights may be processed. The adminis-
trative process for developments shall require a person claiming
to have vested rights to demonstrate all of the following:
1.) That the person owned the parcel proposed for develop-
3
~
~
ment at the date of adoption of the ordinance; or the person had
a contract or option to purchase the parcel on such date; and
2.) That there was a valid, unexpired development order
issued on or before the adoption of this ordinance by an agency
or authority of the City of Edgewater upon which the person
reasonably relied in good faith; and
3.) That the person, in reliance upon the development order
has made a substantial change in position; or has demonstrated
extensive obligations or expenses; and
4.) That it would be inequitable, unjust, or fundamentally
unfair to deny the rights acquired by the person.
C. Vested rights which arise under a valid, unexpired de-
velopment order or permit shall vest developments for the purpose
of the Edgewater Comprehensive Plan, the land development regula-
tions adopted to implement the comprehensive plan, and the concur-
rency management system, provided the time from the date of is-
suance of the development order or permit has not exceeded one
hundred eighty (180) days.
D. A land use designation in a prior comprehensive plan or
zoning map is not sufficient to constitute an affirmative act or
omission by the City of Edgewater.
E. The City Council of the City of Edgewater shall estab-
lish an appeal process that which any party challenging the
denial of a development order as a temporary taking or permanent
taking of private property or an obligation of vested rights must
exhaust before any action on a request for development approval
is deemed final by any court or uasi-judicial proceeding.
F. An application for vested rights shall be filed with the
Planning and Zoning Department. Should a person fail to file an
application by November 19, 1990, such failure will constitute an
abandonment of any claim to vested rights. The Planning and Zon-
ing Department shall not accept any applications for vested
rights after said date.
G. The Edgewater Land Development and Regulatory Agency
shall review applications for vested rights.
SECTION 7. That all ordinances or parts of ordinances and
4
all resolutions in conflict herewith, be and the same are hereby
repealed.
SECTION 8. 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 9. 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 Councilmember Bennington
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
said Council held on the _ 7 day of ___Nay 1990.
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 21st day of May , 1990.
ROLL CALL VOTE ON ORDIN NCE NO. 90-0-18
ME
ounc man One v QS
o aff Zone
Councilman -Zone Three
EXCUSED
Councilman -Zone Four
SECOND READING:
.
~
..."
This Ordinance read and adopted on second reading at a
f(t?8,j,v meeting of the City Council of the City of Edge-
water, Florida, and authent' ted this ~ Y of ;~~~ '
1990. ~
"
".
,-",-.,-..,,.-'
6