2009-R-06
RESOLUTION NO. 2009-R-06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA; APPROVING THE PLANNING &
ZONING BOARD BY-LAWS; REPEALING RESOLUTIONS
IN CONFLICT HEREWITH; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Edgewater, Florida, has made the following determinations:
I. During the November 12, 2008 Planning and Zoning Board meeting, the Board voted to
recommend revisions to their existing by-laws relating to the vacancies and amendments procedures.
2. The revised by-laws are attached hereto and incorporated herein as Exhibit "A".
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida:
Section 1. The City of Edgewater hereby approves the Planning & Zoning Board By-Laws
which are attached hereto and incorporated herein as Exhibit "A".
Section 2. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 3. This resolution shall take effect upon adoption.
2009-R-06
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After Motion byr Dl.Ln(l ~I WCIWLfl e.hodol\ with Second by r ()\If\(I; 1til..'ffiM ~/5' the vote on
this resolution was as follows:
Mayor Michael Thomas
Councilwoman Debra J. Rogers
Councilwoman Gigi Bennington
Councilwoman Harriet E. Rhodes
Councilman Ted Cooper
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PASSED AND DULY ADOPTED this ~Oth.dayof April, 2009.
ATTEST:
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Bonnie A. Wenzel
. 'Cih'\~e'erk
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For the 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
2009-R-06
~~~~l-I
Robin L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this~ day
of April, 2009 under Agenda Item No.ab
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EXHIBIT "A"
CITY OF EDGEW A TER
PLANNING AND ZONING BOARD
BY-LA WS
ARTICLE I: Official Name
The official name of this Board shall be the Planning and Zoning Board of the City of
Edgewater, FL, hereinafter referred to as "P & Z Board".
ARTICLE II: Purpose and Intent
The purpose and intent of these By-Laws is to set forth a uniform set of procedures
whereby the City of Edgewater Planning and Zoning Board may regulate the manner in which it
elects officers, conducts meetings and otherwise carries out its functions. The By-Laws will
serve as a guideline in handling all affairs pertaining to the Edgewater Panning and Zoning
Board.
ARTICLE III: Membership
A. Voting Members and Appointments
I. The P&Z Board shall have seven (7) voting members, each member shall be
appointed by City Council for a term of three (3) years and shall be subject to removal
as set forth by City Council. The terms of appointment shall be staggered.
2. A quorum shall consist of five (5) members. All recommendations and actions of the
Board shall require the affirmative vote of a majority of the members present.
3. Prior to appointments, prospective members shall submit a City application, stating
therein a brief synopsis of their education, experience and reason for their interest in
serving on the P&Z Board.
4. To be eligible for appointment, a prospective member shall be a resident of the City
of Edgewater.
5. No member of the P&Z Board shall receive compensation for their service, provided,
however, that members may be reimbursed for out-of-pocket expenses as approved by
the City.
6. One (1) non-voting member shall be appointed by the Volusia County School Board
per Florida Statute Section 163.3174(i). The member shall serve without
compensation from the City and shall be exempt from residency and attendance
requirements. The school board member shall comply with all other procedural
standards relating to the P&Z Board.
B. Vacancies
I. During the term of appointment, should a member of the P &Z Board change
residence to the extent he or she would not be eligible for appointment to the P&Z
Board, the member shall forfeit the office and it shall be deemed vacant.
2. If a P&Z Board member is absent for three (3) consecutive regular meetings, or is
absent for four (1) total meeting during any calendar year. said member shall forfeit
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the office and it shall be deemed vacant. If a P&Z Board member is absent from three
(3) consecutive regular meetings without being excused by the Chairman, said
member shall forfeit the office and it shall be deemed vacant. If a board member is
absent for five (5) total meetings during any calendar year, said member shall forfeit
the office and it shall be deemed vacant unless a maioritv vote of the remaining Board
recommend retention.
3. City Council may remove any member of the P&Z Board from office at any time.
4. Any vacancy occurring during the unexpired term of office of any member shall be
filled by City Council. The P&Z Board shall review applications and make a
recommendation to City Council. The vacancy shall be filled as soon as practical
after it occurs, for the remainder of the term.
C. Voting Conflicts
I. No member of the P&Z Board shall vote upon any matter which would inure to his or
her special private gain or loss, or any principle by whom he or she is retained or by
any relative or business associate.
2. No member of the P&Z Board shall appear for or represent any person in any matter
before the P&Z Board other than him or herself. No past member shall appear before
the P&Z Board except when representing him or herself for a period of twelve (12)
calendar months after his or her service has ended.
ARTICLE IV: Election of Officers
A. Chairman
1. The Chairman shall serve as the presiding officer at all meetings and hearing of the
P&Z Board and appoint any committees from the P&Z Board membership that are
deemed necessary.
2. The Chairman shall be elected by a majority of the voting membership at the first
regular meeting in January each year. The Chairman shall be eligible for re-election.
B. Vice Chairman
I. The Vice Chairman shall be elected by the P&Z Board from among its regular
members in the same manner as the Chairman and shall be eligible for re-election.
2. The Vice Chairman shall serve as acting Chairman in the absence of the Chairman
and at such times shall have the same powers and duties of the Chairman.
3. In the event of death, resignation or removal from office ofthe Chairman, the Vice
Chairman shall perform the various duties until such time the P&Z Board shall elect a
new Chairman and Vice Chairman.
C. Other Presiding Officers
The members of the P&Z Board may select an additional member to preside over the
meeting(s) in the absence of the Chairman and Vice Chairman
D. Board Coordinator
1. The board coordinator shall be provided by the City and be a City employee.
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2. The board coordinator shall prepare and distribute agendas, correspondence and
minutes on the Friday before the meeting and shall establish and maintain files to
ensure they are properly kept. All recorded meeting tapes shall be provided to the
City Clerk for safekeeping.
3. Any correspondence prepared by a member of the P&Z Board shall be provided to the
board coordinator for distribution to the P&Z Board members.
E. Professional Support
The City shall provide professional support to the P&Z Board as may be necessary.
ARTICLE V: Meetin2lHearin!!:s
A. Regular Meetings
Regular scheduled meeting of the P&Z Board shall be held the second Wednesday of each
month.
B. Special Meetings
Special meetings or hearing of the P&Z Board may be called by the Chairman.
C. Requirements
All meetings shall be open to the public, provide due public notice, and follow Roberts Rules
of Order and the Florida Sunshine Laws.
ARTICLE VI: Powers and Duties
A. The P&Z Board shall exercise the following powers and duties:
1. Be the responsible agency to initiate review and/or amendments to the City's
Comprehensive Plan and recommend such to City Council.
2. Review all proposed amendments to the City's Land Development Code and make
recommendations to City Council as to the consistency of proposed amendments to
the Comprehensive Plan.
3. Monitor the effectiveness of the Comprehensive Plan by the formal periodic
evaluation process described in Chapter 163.3191, FS.
4. Provide recommendations to City Council regarding applications for the following:
a. Subdivisions and plats;
b. Development and zoning agreements;
c. Proposed annexations;
d. Proposed rezonings;
e. Site Plans over twenty-five thousand square feet (25,000 sq. ft.) of building
area;
f. Text amendments;
g. Mining agreements;
h. Abandonment/Vacations; and/or
i. Land Use amendments.
5. Provide a coordinated planning effort between the City and the Volusia County
School Board per Florida Statutes Sec. 163.31777.
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B. The P&Z Board shall have final authority to approve, modify and/or deny, unless appealed to
City Council:
1. Conditional Use Permits
2. Variance Applications.
C. Appeals
Any person aggrieved by the decision of the P&Z Board shall appeal such decision to City
Council in the manner and form required by City Council.
ARTICLE VII: Amendments
The By-Laws may be amended at a regular or special meeting of the P&Z Board,
provided that written notice shall have been sent to each member at least thirty (30) fifteen (15)
days in advance of the vote, which notice shall contain the proposed amendment.
Adopted by the Board this
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Attest:
~t,---eUWUA-, Board Coordinator
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