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ORDINANCE NO. 2001-0-07
AN ORDINANCE OF THE CITY COUNCIL OF
EDGEW ATER, FLORIDA; AMENDING THE FUTURE LAND
USE ELEMENT BY ADDING OBJECTIVE NUMBER 1.11
AND POLICY NUMBERS 1.11.1 THROUGH 1.11.9 OF THE
CITY OF EDGEW A TER COMPREHENSIVE PLAN;
PROVIDING FILING WITH THE DEPARTMENT OF
COMMUNITY AFFAIRS; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE AND FOR
ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. State regulations were enacted that require specific amendments to the City of
Edgewater's Comprehensive Plan; and
2. Future Land Use Element requirements identified in Section 163.3 I 77(6)(a), Florida
Statutes, were amended to include additional requirements for school siting and
collocation of community facilities in proximity to schools; and
3. The Edgewater Land Planning Agency has held an advertised public hearing with due
process notice to consider the various comprehensive plan amendments; and
4. The City Council has considered all oral and written comments received during the
public hearings, including the recommendation of the Edgewater Land Planning
Agency; and
5. Such amendments are permitted subject to the provisions of Chapter 163, Florida
Statutes and Rule 9J-11, Florida Administrative Code.
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NOW, THEREFORE; BE IT ENACTED by the People of the City of Edge water, Florida:
PART A.
AUTHORITY.
The Edgewater City Council has the authority to adopt this Ordinance pursuant to
Article VIII of the Constitution of the State of Florida and Chapters 163 and 166,
Florida Statutes.
PART B.
AMEND THE FUTURE LAND USE ELEMENT BY ADDING
OBJECTIVE NUMBER 1.11 AND POLICY NUMBERS 1.11.1
THROUGH 1.11.9 OF THE CITY OF EDGEWATER
COMPREHENSIVE PLAN.
The Goals, Objectives and Policies of the Future Land Use Element is amended to read as
follows:
GOALS. OBJECTIVES AND POLICIES
GOAL
To effectively manage land use in the City by designating areas for anticipated future development
which accommodate population growth in a cost-efficient and environmentally acceptable manner.
COMP A TIBILITY OF DEVELOPMENT WITH NATURAL ENVIRONMENT
Objective 1: By November 1, 1990, the City will adopt land development regulations and
procedures which will restrict land development activities consistent with limitations
indicated by soil, topographical, groundwater, or surface water conditions, as
specified in the following policies:
Policv 1.1:
Policy 1.2:
In areas identified in the Future Land Use and Conservation Elements of this
plan as having limitations for development due to soils, drainage, or other
factors, such limitations shall be addressed in the site plan for any proposed
development prior to the issuance of a development order. Development
proposals shall contain specific actions to be taken to remedy these
limitations. These actions will be reviewed by qualified engineering
personnel as designated by the City.
The City shall extend central sewer services to all developed properties
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within the current City limits by the year 2000. Prior to that date, new
development requiring use of septic tanks shall be restricted to lots with
minimum size of one acre. Where lots less than one acre have already been
created (ie: prior to the effective date of this plan), use of a septic system
shall be permitted if the lot is not located within a one-hundred year
floodplain, as shown on the Flood Insurance Rate Map produced by the
Federal Emergency Management Agency, and if the total density ofthe area
within which the lot is located does not exceed one unit per acre. For
purposes of this policy, the area within which the lot is located shall be that
area within 1000 feet of the lot in questions. City regulations should also
require that (within a specified time period) all uses should connect to central
sewer when it is available within a specified distance to the property and/or
structure.
Policy 1.3:
The City shall coordinate with the County to designate a wellfield protection
zone wherein industrial land uses and commercial land uses that produce
hazardous wastes shall be prohibited.
Policy 1.4:
In areas classified as having aquifer recharge potential, development and
redevelopment shall be limited so that impervious lot coverage shall be
limited to no more than 15 percent of the gross recharge area.
Objective 1.11:
The City shall implement standards for the siting of public schools to increase
the qualitv of life and local educational opportunities for its citizens.
Policy 1.11.1: Public schools shall be allowed in all future land use designations except
Industrial and Conservation Overlay areas. By 200 I, Public Schools shall be
listed in all zoning districts in the City's Land Development Code with the
exception of the Heavy Industrial (1-2) zoning district.
Policy 1.11.2: New school sites should not adioin a railroad, or airport and must not be
adiacent to any noxious industrial uses or other property from which noise,
vibration, odors, dust. toxic materials or other disturbances would have a
negative impact.
Policy 1.11.3: New schools should mInImIZe detrimental impacts on residential
neighborhoods, hospitals, nursing homes and similar uses through proper site
location, configuration, design layout, access, parking, traffic controls and
buffers.
Policy 1.11.4: The size of new school facilities and land area should satisfy the minimum
standards established by the School Board of Volusia County, whenever
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possible.
Policv 1.11.5: New school sites should be well drained and education buildings should be
located away from floodplains. wetlands. and other environmentally sensitive
lands. Education facilities should not have an adverse impact on historic or
archaeological resources.
Policy 1.11.6: Public utilities. as well as police and fire protection should be available
concurrently with the construction of new school sites.
Policy 1.11.7: New school sites should have frontage on or direct access to a collector or
arterial road and should have suitable ingress and egress for pedestrians.
bicycles. cars. buses. service vehicles. and emergency vehicles.
Policy 1.11.8: To the extent possible. during pre-development program planning and school
site selection activities. the City shall coordinate with the School Board of
V olusia County to collocate public facilities. such as parks. libraries. and
community centers, with schools.
Policv 1.11.9: Portions of new schools. in accordance with the recommendations of the
V olusia County Emergency Management Department. should be constructed
to serve adequately as emergency shelters in case of natural disasters.
NATURAL RESOURCE PROTECTION
Objective 2: By November I, 1990, the City will adopt land development regulations and
procedures which will restrict land development regulations and procedures with
protection of wetlands, mangrove swamps, estuarine marsh ecotone, and freshwater
marshes, as specified in the following policies:
Policy 2.1:
The City shall maintain a floodplain management ordinance which includes
the development standards required for participation in the National Flood
Insurance Program. Furthermore, the ordinance shall require that new
construction or substantial improvement of any structure have the lowest
floor elevated to one foot above the established 1 DO-year flood elevation
without the use of fill.
Policy 2.2:
The City shall support the prohibition of development on the mangrove and
spoil islands located within the Indian River/Mosquito Lagoon estuary.
These areas may be considered for purchase by the City as funds become
available.
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Policy 2.3:
Policy 2.4:
Policy 2.5:
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The City shall adopt a storm water management plan which provides specific
standards for the design of on-site storm water systems as well as strategies
and measures to minimize runoff into the Indian River Lagoon.
After adoption of the storm water management plan by the City, no
development orders shall be issued unless the proposed development is
determined to be in compliance with said plan.
Development shall be limited in areas identified in the Conservation Element
as conservation areas (ie: wetlands, mangrove swamps, estuarine marsh
ecotone, and freshwater marshes). Land uses which may be permitted in
these areas may include parks and open spaces, and individual docks and
water access facilities subject to applicable state permits. Where residential
uses are allowed, densities may not exceed one unit per five acres (one unit
per acre along the Indian River shoreline), and structure may not be located
in any wetland, mangrove swamp, estuarine marsh ecotone, or freshwater
marsh. Any property containing wetlands, mangrove swamps, estuarine
marsh ecotone, and/or freshwater marshes should be developed under a
planned unit development procedure which includes site specific plan
approval and the clustering of density to protect these areas.
AVAILABILITY OF SERVICES AND FACILITIES
Objective 3: To ensure that future development is provided essential services and facilities at
acceptable standards by incorporating the following policies into the site plan review
process and a concurrency management system within one year after adoption ofthis
plan.
Policy 3.1:
Policy 3.2:
Policy 3.3:
The City shall review all development and redevelopment proposals to
determine their specific impacts on current Levels of Service (LOS) for all
services and facilities addressed in this Comprehensive Plan.
If, pursuant to the required review in Policy 3.1 above, the proposed
development will result in a degradation of the existing LOS to a level below
the adopted service delivery standard, then a development order will be
denied unless it can be demonstrated that sufficient improvements will be in
place concurrent with the impacts of such development. Such additional
improvement must be shown to be sufficient to restore and maintain the
adopted minimum LOS standard.
Within this available fiscal resource, the City will extend City service areas,
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Policy 3.4:
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expand wastewater collection zones, improve City roadways, and make other
improvements necessary to accommodate growth and maintain services and
facilities at adopted standards.
The City shall develop a formal concurrency management system in which
the relevant City departments review the impacts of proposed developments,
facility improvement plans, and fiscal resources to determine service delivery
and availability at adopted LOS standards.
FUTURE LAND USE PATTERNS
Objective 4: By November 1, 1990, the City will adopt land development regulations and
procedures which will limit land development activities outside of defined service
areas, which will reduce limitations on infill and redevelopment activities consistent
with the land uses and densities indicated in this plan, and to ensure that innovative
land use development techniques (including procedures for mixed use planned unit
development), as further specified in the following policies:
Policy 4.1:
Policy 4.2:
Policy 4.3:
Policy 4.4:
Intensive development proposed for areas outside established service areas
shall be prohibited unless it can be demonstrated that such development will
be adequately served by alternative service delivery systems.
The City shall encourage infill development within existing residential,
commercial and industrial areas, to the extent that sufficient land is available.
By 1995, the City shall evaluate the US # 1 corridor and develop a plan for its
revitalization. Such plan shall identify land uses and densities to be
permitted, including density bonuses, and will address traffic circulation
(both on-site and off-site), landscaping and open spaces, sign controls, and
buffers for contiguous residential areas.
The City shall revise its land development regulations and procedures for on-
site traffic flow so as to minimize points of access to arterial streets and to
provide an adequate quantity of on-site parking.
Objective 5: After the effective date of this plan, the City will review all land use and
development proposals and will only issue approvals on those applications which are
consistent in terms ofland use, density, and other limitations as set forth in this plan
and as specified in the policies below. In addition, by November 1, 1990, provisions
shall be incorporated into the land development regulations to require amortization
or modification of existing land use activities which are inconsistent with the Future
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Land Use Map and policies of this plan, as further specified in the following policies:
Policy 5.1:
Policy 5.2:
Policv 5.3:
Policy 5.4:
Policy 5.5:
Policy 5.6:
Policy 5.7:
Policy 5.8:
Intensive commercial land uses, such as neighborhood and community
shopping centers (ie: over 100,000 gross square feet) shall be prohibited
within established residential areas. Such uses shall be located at
intersections of arterial roads or at intersections of an arterial and a major
collector road. Such uses may also be considered as appropriate along US # 1
where the use is part of a mixed use redevelopment (including office and/or
residential uses) of existing commercial and adjacent older residential areas
along that road. Smaller commercial retail uses (including convenience
stores) shall be located along arterial or major collector roads, but must be
integrated in terms of traffic flow with adjacent development (except single
family).
Intensive commercial and industrial land uses shall be buffered from low
density residential areas. This will be accomplished by locating less intensive
uses in between, or by visual buffering with berms, trees, or other methods
as the City may deem appropriate.
Higher density residential development shall be designated for areas adjacent
to more intensive land uses such as commercial and light industrial. Where
feasible, visual buffering shall be utilized to reduce any negative effects on
the residents of such development.
Curb cuts and points of access to the traffic circulation system shall be
minimized. Site plans for future commercial development shall be limited
to one point of egress and one point ingress along each adjoining arterial or
collector.
The City shall vigorously pursue the development of a Landscape Ordinance,
and adopt such an ordinance within two (2) years after adoption of this plan.
Development shall be prohibited which alters or damages any site or building
determined to be historically significant and so designated on the register of
historically significant property maintained by the State of Florida.
The City shall develop local standards for the identification of historically
significant properties and incorporate them into its site plan review process
within one (1) year after adoption of this plan.
The maximum permissible densities and intensities of land use permitted in
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the areas designated on the Future Land Use Map shall be as follows:
1. Low Density Residential: 1.0 to 5.0 units/gross acre;
2. Medium Density Residential: 5.1 to 8.0 units/gross acre;
3. High Density Residential: 8.1 to 12.0 units/gross acre;
4. Commercial: .30 maximum;
5. Industrial: .35 maximum;
Other Uses: Density of development for recreational, institutional, and public or semi-
public uses shall not exceed a Floor Area Ration of .5, provided that the land
development regulations shall establish procedures for increases in such
density is approved by the Land Development and Regulatory Agency
following a properly noticed public hearing. Maximum densities in
conservation areas are described in Policy 4.3 of the Conservation Element.
The land development regulations may provide for up to a twenty-five
percent increase in the maximum permitted intensity of commercial or
industrial development where exceptional provisions are made for buffers,
landscaping, open space, and protection of existing native trees. Provision
of such additional amenities shall be in addition to minimum requirements.
The land development regulations may also provide for up to twenty-five
percent increase in permitted residential densities for mixed use planned unit
developments. Specific standards and procedures for allowing such increases
shall be included in the land development regulations.
* Floor Area Ratio is the ratio of gross area of buildings on a site (ie: area of
the building footprint times number offloors) divided by the gross area of the
site itself.
Policy 5.9: Although no such areas exist at the time of preparation of this plan, if
blighted or otherwise deteriorated areas develop within the City, they shall be
targeted for special consideration through a redevelopment plan and through
available Community Development Block Grant (CDBG) funds.
Policy 5.10: The City shall revise its land development regulations and procedures for
signs to limit signs which can be viewed from residential property, to restrict
the location of signs which interfere with traffic flow and sight distance. The
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City shall also review the need for reductions in the number, height, and area
of signs.
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Policy 5.11: The City shall review its land development regulations to require the
prOVISIOn of five percent of the land as open space at the time of
development. Such required open space shall not include areas improved for
parking or required buffers.
Objective 6: By November 1, 1990, the City will adopt land development regulations and
procedures which will require provision of land for utility facilities necessary to
support development and will limit land development activities when such land for
utility facilities is not available, and as specified in the following policies:
Policy 6.1:
Proposed development shall be reviewed in relation to existing and projected
utility systems and any land needs of such systems, including transmission
corridors for electric utilities, easements for maintenance, and other
requirements.
Policy 6.2:
No development orders shall be issued unless it can be demonstrated that the
land required by utility systems serving the City will be preserved.
Policv 6.3:
If facilities necessary to support land development are not in existence or
require expansion, such facilities or necessary expansions must be authorized
prior to the issuance of any development order.
PART C. FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS.
Pursuant to Section 163.3184(7), Florida Statutes, the Planning Director is hereby directed
to transmit this adopted plan amendment to the state land planning agency as required therein.
PART D. 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.
PART E. SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
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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 F. EFFECTIVE DATE.
The effective date of this plan amendment shall be the date a final order is issued by the
Department of Community Affairs or Administration Commission finding the amendment to be in
compliance pursuant to Section 163.3184, Florida Statutes, whichever occurs earlier.
PART G. ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Rhodes, the vote on
the first reading of this ordinance held on April 16, 2001 is as follows:
AYE NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
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Councilwoman Judy Lichter
---1L
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After Motion by Let.—.�' �*�" and Second by 6' the vote on the
second reading of this ordinance was as follows:
Mayor Donald A. Schmidt
Councilman James P. Brown
Councilman Dennis A. Vincenzi
Councilwoman Harriet E. Rhodes
Councilwoman Judy Lichter
AYE NAY
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PASSED AND DULY ADOPTED this T" day of May, 2001.
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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CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By;—�;Qg'4'
Donald A. Schmidt
Mayor
Robin L. Matusick r
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this Z__
day of ,47 2001 under
Agenda Item No. 6 Q