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ORDINANCE NO. 2003-0-04
AN ORDINANCE OF THE CITY OF EDGEWATER,
FLORIDA ADOPTING A COMPREHENSIVE PLAN
AMENDMENT PURSUANT TO A PREVIOUSLY ENTERED
INTO STIPULATED SETTLEMENT AGREEMENT (DOAH
CASE NO. 02-0862GM) WITH THE DEPARTMENT OF
COMMUNITY AFFAIRS ("DCA"); PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING A PUBLIC
HEARING; PROVIDING FOR TRANSMITTAL TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE
VOLUSIA GROWTH MANAGEMENT COMMISSION,
VOLUSIA COUNTY, 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 AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, on December 17, 2001, the City adopted several ordinances that contain
amendments to the City of Edgewater Comprehensive Plan; and
WHEREAS, Ordinance Nos. 2001-0-21, 2001-0-23 and 2001-0-27 related to Future
Land Use Map Amendments; and
WHEREAS, Ordinance No. 2001-0-35 related to the Conservation Element Policy 1.3.1;
and
WHEREAS, Ordinance No. 2001-0-36 related to Future Land Use Element Policy 1.1.8;
and
WHEREAS, upon review by the DCA, the DCA found the above-referenced plan
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2003-0-04
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amendments to be not "in compliance"; and
WHEREAS, the City and the DCA subsequently entered into that certain Stipulated
Settlement Agreement DOAH Case No. 02-0862GM with an Effective Date of February 10,2003
in the spirit of cooperation for the purpose of avoiding costly, lengthy and unnecessary litigation
and in recognition of the desire for the speedy and reasonable resolution of the dispute arising out
of or related to the plan amendments (the "Settlement Agreement"); and
WHEREAS, pursuant to the terms of the Settlement Agreement and pursuant to Section
163.3184(16)(d), Florida Statutes, the City held a single adoption hearing for the purpose of
adopting the plan amendment pursuant to the Settlement Agreement.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEW ATER , FLORIDA:
PART A.
ADOPTION AND APPROVAL OF REMEDIAL ACTIONS OR
PLAN AMENDMENTS.
Based on the requirements contained in the Settlement Agreement a copy of which is
attached hereto and incorporated herein as Exhibit" A", the City hereby adopts and approves all
remedial actions detailed in Exhibit "B" of the Settlement Agreement a copy of which is also
attached hereto and incorporated herein as Exhibit "B". Pursuant to 9J-l1.01, Florida
Administrative Code, in an effort to reflect compliance, all pages reflecting corrections and/or
modifications to Comprehensive Plan Amendment 01-1 ERA are attached hereto and incorporated
herein as Exhibit "C".
PARTB.
PUBLICATION.
That the notice of the adoption or approval of the plan amendment have been published in
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the manner prescribed in Section 163.3184(16)( d), Florida Statutes.
PART C.
PUBLIC HEARING.
Pursuant to the requirements contained in Section 163.3184(16)(d), Florida Statutes and the
Settlement Agreement, the City held a single adoption public hearing relating to the plan amendment
pursuant to the requirements of Section 163.3184(16)( d), Florida Statutes.
PARTD.
TRANSMITTAL OF REMEDIAL PLAN AMENDMENTS.
Within ten (10) days following adoption of this Ordinance, the City Manager or his designee
shall send three (3) copies of the plan amendment to the Florida Department of Community Affairs,
Division of Community Planning, Plan Processing Team, and all other items specified to be
transmitted in accordance with Rule 9J -11. 006, F.A. C. The City Manager or his designee shall also,
within ten (10) days following adoption of this Ordinance, transmit a copy of the plan amendment
to the V olusia Growth Management Commission, V olusia County, Regional Planning Council and
to any other unit of local government or governmental agency in the State that has filed a written
request with the City of Edge water for a copy of such plan amendment pursuant to Section 163.3184
(16) (d), Florida Statutes.
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.
That this ordinance shall become effective upon adoption.
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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, property, or
circumstance.
PART H. ADOPTION.
After Motion by Councilman Brown and Second by Councilman Hammond, the vote on this
Ordinance during the City Council meeting held on April 14, 2003, was as follows (this was initially
scheduled for the April 7, 2003 Council meeting but was continued due to lack of quorum):
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Myron F. Hammond
x
Councilwoman Harriet E. Rhodes
ABSENT
Councilwoman Judy Lichter
ABSENT
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PASSED AND DULY ADOPTED this Ath day of April, 2003.
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by:
Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
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2003-0-04
CITY COUNCIL OF THE
CITY OF EDGEWA,�T,,ERR, FLORIMA
2a9l
By,-,
Donald A. Schmidt
Mayor
Robin L. Matusic
Legal Assistant(Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on thishth day of
April, 2003 under Agenda item No. 6 -< .