91-R-47RESOLUTION NO. 91-R-47
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, EXPRESSING ITS CONCERNS
REGARDING CHAPTER 9J-5, FLORIDA ADMINISTRATIVE
CODE, AND URGING THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS TO REVISE THE PROCESS SET
FORTH THEREIN FOR REVIEW OF SMALL SCALE
AMENDMENTS TO LOCAL GOVERNMENT COMPREHENSIVE
PLANS IN ORDER TO REDUCE THE TIME AND EXPENSE
REQUIRED FOR PROCESSING SUCH AMENDMENTS; AND
URGING THE DEPARTMENT OF COMMUNITY AFFAIRS TO
PROMOTE LEGISLATION AMENDING CHAPTER 163, PART
II, AS NECESSARY TO PERMIT SUCH REVISIONS TO
CHAPTER 9J-5; REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, in accordance with Chapter 163, Part II, Florida
Statutes, the City of Edgewater, Florida, as well as other local
governments throughout the State, are required to prepare, adopt,
and periodically review and revise a comprehensive plan; and
WHEREAS, Chapter 9J-5, Florida Administrative Code, sets
forth the rules of the Florida Department of Community Affairs for
review of local government comprehensive plans and determination
of compliance with Chapter 163; and
WHEREAS, the Department of Community Affairs has conducted a
series of workshops regarding Chapter 9J-5 and invited comments
from local governments and interested persons, which comments will
be evaluated by the Department, and used in determining whether
revisions to Chapter 9J-5 are warranted; and
WHEREAS, the City finds this an appropriate opportunity to
express its deep concerns regarding the cumbersome procedures for
amendment of comprehensive plans as set forth in Chapter 163, Part
II, Florida Statutes and Chapter 9J-5, Florida Administrative
Code; and
WHEREAS, the City believes that the time and expense of such
an amendment procedure, particularly as it relates to "small-scale"
amendments, represents a substantial burden to local governments
that far exceeds the potential public benefit to be derived from
such review.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA:
SECTION 1: That the City Council of the City of Edgewater,
Florida, hereby urges the Florida Department of Community Affairs,
and particularly Mr. William E. Sadowski, Secretary of the
Department, to revise Chapter 9J-5, reducing the extreme burden now
faced under the current amendment procedure relating to small-scale
amendments, and restoring some greater responsibility and
flexibility to local governments in making such amendments. At a
minimum, such revisions should result in a small-scale amendment
procedure that allows such amendments to be processed and adopted
by the local governments concurrently with any amendment of local
government land development regulations that may be required. Also
urging that the Department and Mr. Sadowski aggressively promote
whatever amendments will be necessary to Chapter 163, Part II,
Florida Statutes, to allow small-scale amendments to be processed
and adopted as outlined above.
SECTION 2: That all resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
SECTION 3: That this resolution shall take effect immedi-
ately upon its adoption by the City Council of the City of Edge-
water, Florida, at a Regular meeting of said Council held on
the 19 day of August 1199 1 , and approved as provided by law.
This resolution was introduced and sponsored by Councilman
Hats and was read and passed by a vote of the City Council
of the City of Edgewater, Florida, at a Regualr meeting
of
said Council held
on the 19 day of August
199 1
and
authenticated as
provided by law.
2 Res. 91-R-47
ROLL CALL VOTE ON RESOLUTION NO. 91-R-47 AS FOLLOWS:
'1
MAYOR 1
ZONE ONE
ILPERSON ZONE TWO
F.
r.� I
O.
COUNCILMAN - ZONB OUR /
AzythenC}-Aa`ted this 19 day
,199 1
c
MAYOR
Approved for form:
NTERIM CITY AT RNEY
3 Res. 91-R-47