2016-O-21 ORDINANCE NO. 2016-0-21
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2014-0-12 AS AMENDED, BY AMENDING THE
COMPREHENSIVE PLAN INTERGOVERNMENTAL
COORDINATION ELEMENT, TO AMEND A POLICY
CONCERNING THE ADOPTED INTERLOCAL SERVICE
BOUNDARY AGREEMNT BETWEEN THE CITY OF
EDGEWATER AND VOLUSIA COUNTY; PROVIDING
FOR PUBLICATION, HOLDING PUBLIC HEARINGS,
TRANSMITTING THIS ADOPTED COMPREHENSIVE
PLAN AMENDMENT TO THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY AND ANY OTHER UNIT
OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE
PLAN AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.3167,Fla. Stat. (2015), requires each local government in the
State of Florida to prepare and adopt a Comprehensive Plan; and
WHEREAS, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan; and
WHEREAS, Section 163.3184, Fla. Stat. (2015), provides for amendments to the
adopted Comprehensive Plan by the local government; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, held an advertised Public Hearing pursuant to 163.3184(11) & 163.3174(4) (a), Fla.
Stat. (2015), on Wednesday,March 9, 2016 on the proposed Plan Amendment and following that
Public Hearing voted and recommended that the City Council approve the aforesaid
Amendment to the City's 2012 Comprehensive Plan; and
WHEREAS, the City Council hereby declares that the purpose and intent of the
proposed amendment to the Comprehensive Plan is to guide future growth and development;
encourage the best use of land, water and other resources to promote and protect the general
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#2016-0-21
welfare of the public.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
COUNCIL OF THE CITY OF EDGEWATER,FLORIDA:
PART A. AMENDMENT.
Amending the Interlocal Coordination Element hereby described in Exhibit"A".
PART B. PUBLICATION.
Notice of this proposed change of the Edgewater Comprehensive Plan shall be published
in the manner prescribed by 163.3184(11), Fla. Stat. (2015). The advertisement shall
substantially be in the following form:
Notice of Comprehensive Plan Amendment
The City of Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2016-0-21
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2014-0-12 AS AMENDED, BY AMENDING THE
COMPREHENSIVE PLAN INTERGOVERNMENTAL
COORDINATION ELEMENT, TO AMEND A POLICY
CONCERNING THE ADOPTED INTERLOCAL SERVICE
BOUNDARY AGREEMNT BETWEEN THE CITY OF
EDGEWATER AND VOLUSIA COUNTY; PROVIDING
FOR PUBLICATION, HOLDING PUBLIC HEARINGS,
TRANSMITTING THIS ADOPTED COMPREHENSIVE
PLAN AMENDMENT TO THE FLORIDA DEPARTMENT
OF ECONOMIC OPPORTUNITY AND ANY OTHER UNIT
OF LOCAL GOVERNMENT OR GOVERNMENTAL
AGENCY THAT HAS REQUESTED A COPY OF THE
PLAN AMENDMENT; PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY
AND PROVIDING FOR AN EFFECTIVE DATE.
A public hearing on the ordinance changing the Comprehensive Plan will be held on
April 4, 2016 at 6:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida
32132.
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PART C. PUBLIC HEARINGS.
As a condition precedent to the adoption of this ordinance amending the City's 2012
Comprehensive Plan, the City Council shall hold at least two advertised public hearings on the
proposed comprehensive plan or plan amendment as follows: The first public hearing shall be
held at the transmittal stage pursuant to subsection 163.3184(11) (b), Fla. Stat. It shall be held
on a weekday at least 7 days after the day that the first advertisement is published. The second
public hearing shall be held at the adoption stage. It shall be held on a weekday at least 5 days
after the day that the second advertisement is published per 163.3184, Fla. Stat. (2015).
PART D. 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 E. EFFECTIVE DATE.
This ordinance shall become effective upon its final adoption and as provided by general
law.
PART F. 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.
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PART G. ADOPTION.
After Motion to approve by Councilwoman Power with Second by Councilwoman
Bennington,the vote on the first reading of this ordinance held on April 4, 2016,was as follows:
AYE NAY
Mayor Mike Ignasiak x
Councilwoman Christine Power x
Councilwoman Gigi Bennington x
Councilman Dan Blazi x
Councilman Gary T. Conroy x
After Motion to approve by Caul__, /r✓14 h. te2-4.2t with
Second by rot, 0�,l Pilo m curl_ 442,)8„.If , the vote on
the second reading/public hearing of this ordinance held on 4 ( I fir?) 1i"� , 2016
was as follows:
AYE NAY
Mayor Mike Ignasiak
Councilwoman Christine Power
Councilwoman Gigi Bennington 1.-
1. -
Councilman Dan Blazi
l.
Councilman Gary T. Conroy
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#2016-0-21
PASSED AND DULY ADOPTED this t, day of J e-- , 2016.
ATTEST: CITY COUNCIL OF THE
CITY OF
EDGEWATER FLORIDA
712
Mitch Honaker MikeIgnasiak
Deputy City Clerk Mayor
For the use and reliance only by the City of Approved by the City Council of the City of
form and Edgewater r at a meetingheld on this 4'i day
Edgewater, Florida. Approved as to g
legality by: Aaron R. Wolfe,Esquire ofjug , 2016 under Agenda
City Attorney Item o. 8 f\ .
Doran, Sims, Wolfe&Ciocchetti
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EXHIBIT A
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#2016-0-21
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City of
tw GE% ATERj
CITY OF EDGEWATER
COMPREHENSIVE PLAN
INTERGOVERNMENTAL COORDINATION ELEMENT
GOALS, OBJECTIVES AND POLICIES
CHAPTER VIII
CITY OF EDGEWATER CHAPTER VIII
COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT
CHAPTER VIII
INTERGOVERNMENTAL COORDINATION ELEMENT
GOALS, OBJECTIVES AND POLICIES
A. GOALS, OBJECTIVES AND POLICIES
GOAL 1: Promote coordination and cooperation between The City of Edgewater and those
agencies and parties which have an interest in the future and growth of the area through increased
awareness of the plans,interests and concerns of all parties.
Objective 1.1: Volusia County and Volusia County School Board Coordination. Shall
continue to coordinate with Volusia County and the Volusia County School Board on matters
involving planning for services, facilities, adjacent land uses and the area's natural resources. [9J-
5.015 (3)(b)1., F.A.C.]
Policy 1.1.1: Planning for Adjacent Areas. Pursuant to Chapter 171. Part II. Florida
Statutes. Volusia County and the City of Edgewater have established an
Interlocal Service Boundary Agreement (ISBA) recorded and effective on
October 21. 2015. The agreement allows the City to annex properties
within the Joint Planning Area that would not otherwise be eligible for
annexation subject to provisions established in the ISBA.Thc City will
County within 12 month3 of the effective date of this amendment
Edgewater, including a future joint planning arca, future annexation
boundaric3, urban 3crvice boundaric3 and a matrix of compatible County
and City land u3e3. [9J-5.015 (3)(c)1. and (3)(c)5., F.A.C.]
Policy 1.1.2: Coordination with Volusia County and Impacts of Development.
The City will coordinate with Volusia County and the Volusia Growth
Management Commission regarding the impacts of development in
Edgewater on adjacent local governments. [9J-5.015 (3)(c)1. and (3)(c)5.,
F.A.C.]
Policy 1.1.3: Level of Service Issues and Capital Improvement Needs. Provide
for on-going coordination with Volusia County, the Volusia County TPO
and FDOT relative to level of service issues and capital improvement
needs for areas within and adjacent to Edgewater. [9J-5.015 (3)(c)3.,
F.A.C.]
Policy 1.1.4: Locating Future School Sites. The City shall coordinate with the
Volusia County School Board in locating future school sites during the
development process. This coordination will be achieved through the
Adopted on Date: 04/18/11
Ordinance No. 2010-0-23 VIII-1
CITY OF EDGEWATER CHAPTER VIII
COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT
policies regarding school siting criteria found in the Future Land Use
Element. [9J-5.015 (3)(c)1.,F.A.C.]
Policy 1.1.5: Existing Playground Facilities and Coordination with the School
Board. The City shall maintain its existing interlocal agreement with the
Volusia County School Board regarding the use of existing playground
facilities and future facilities at Indian River Elementary. [9J-5.015
(3)(c)1.,F.A.C.]
Policy 1.1.6: Collocating Community Facilities. The City shall coordinate with the
Volusia County School Board when locating new schools in an attempt
to collocate community facilities such as parks, libraries and community
centers. [9J-5.015 (3)(c)1.,F.A.C.]
Policy 1.1.7: Protection of Natural Resources. The City shall continue
implementing the interlocal agreement with Volusia County regarding the
protection of natural resources, especially the Turnbull Hammock Area
in the western part of the City.
Policy 1.1.8: Defining Recharge Areas. The City will actively support and join
County and State efforts to define recharge areas and to control the type
and intensity of development in these areas so that the City's
groundwater resources are protected.
Policy 1.1.9: Monitoring Water Quality in the Estuary. The City will cooperate on
County and State efforts to monitor water quality in the estuary. [9J-5.015
(3)(c)6.,F.A.C.]
Policy 1.1.10: Protecting the Quality of Indian River/Mosquito Lagoon.The City
shall encourage and participate in intergovernmental management efforts
to protect the quality of the Indian River/Mosquito Lagoon. [9J-5.015
(3)(c)6.,F.A.C.]
Objective 1.2: Coordination of Planning Activities. Provide for on-going coordination of
all planning activities mandated by the various elements of the City's Comprehensive Plan with the
plans of appropriate agencies and commissions. [9J-5.015 (3)(b)1.,F.A.C.]
Policy 1.2.1: Acquiring Additional Land and the Turnbull Hammock Area. The
City shall coordinate with and support the activities of the SJRWMD in
pursuing opportunities to acquire additional lands within the
environmentally sensitive Turnbull Hammock Area through coordination
with the County's land acquisition program.
Policy 1.2.2: Rare, Endangered, Threatened Species and Species of Special
Concern.During the development review process, the City shall assist in
Adopted on Date: 04/18/11
Ordinance No. 2010-0-23 VIII-2
CITY OF EDGEWATER CHAPTER VIII
COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEM ENT
the application of and compliance with State and Federal regulations
pertaining to endangered and rare species. [9J-5.015 (3)(c)1., F.A.C.]
Policy 1.2.3: Development Adverse Impact to Rate or Endangered Species. The
City shall consult with the Florida Fish and Wildlife Conservation
Commission prior to the issuance of a development approval which
would adversely impact rare or endangered species. [9J-5.015 (3)(c)1.,
F.A.C.]
Policy 1.2.4: Monitoring Air Quality. The City will participate in the State's and
County's efforts to monitor air quality in the Edgewater area.
Policy 1.2.5: Conflict Resolution Management. If and when conflicts of purpose
among jurisdictions cannot be resolved locally, seek mediation assistance
from the East Central Florida Regional Planning Council and/or Volusia
County Growth Management Commission. This Policy shall also pertain
to the resolution of conflicts involving dredge spoils disposal sites. [9J-
5.015 (3)(c)2.,F.A.C.]
Policy 1.2.6: Providing Services and Information.Provide services and information
as needed to any requesting agency to further intergovernmental
coordination. [9J-5.015 (3)(c)3.,F.A.C.]
Objective 1.3: Proposed Development Impacts. Continue to coordinate with Volusia
County and FDOT in reviewing the impacts of proposed developments. [9J-5.015 (3)(b)2.,F.A.C.]
Policy 1.3.1: Drainage System Coordination. Provide for on-going coordination
with Volusia County and the Volusia County Growth Management
Commission during the development review process to reduce potential
negative impacts in areas of the County that may affect the City's
drainage system. [9J-5.015 (3)(c)1.,F.A.C.]
Policy 1.3.2: Impacts of Development on the LOS and FDOT Roadways. On an
annual basis, the City shall evaluate the extent of coordination efforts
with FDOT and Volusia County regarding the impacts of development
on the LOS of County and FDOT roadways. [9J-5.015 (3)(c)1.,F.A.C.]
Policy 1.3.3: Controlling Access Points and Connections. The City shall
coordinate with FDOT to control the connections and access points
along all segments of U.S. 1 per their respective access classifications,
consistent with the guidelines established by the FDOT in Rule 14-97
"State Highway System Access Management Classification and
Standards". [9J-5.015 (3)(c)1.,F.A.C.]
Objective 1.4: Intergovernmental Coordination. Work closely with the City of New
xrna Beach and other governmental agencies to identify areas of common interest and to
Adopted on Date: 04/18/11
Ordinance No. 2010-0-23 VIII-3
CITY OF EDGEWATER CHAPTER VIII
COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT
establish coordination between their plans for the provision of services and those of the City. [9J-
5.015 (3)(b)1. and (3)(b)3.,F.A.C.]
Policy 1.4.1: Providing Information on Growth and Development Activities.The
City shall continue to provide information on growth and development
activities inside the City which may have implications on the facilities and
operations of the government entities involved. [9J-5.015 (3)(c)3. and
(3)(c)7.,F.A.C.]
Policy 1.4.2: Providing Land Use Data to the City of New Smyrna Beach. On a
continuing basis,the City shall provide to the City of New Smyrna Beach
and/or the City of Oak Hill copies of all development applications
requiring City Council approval that involve property adjacent to New
Smyrna Beach and/or Oak Hill in order to obtain comments. [9J-5.015
(3)(c)3. and(3)(c)7.,F.A.C.]
Policy 1.4.3: Requesting Local Governments to Review Concurrency and Land
Use Issues. The City shall request that adjacent local governments
provide the same coordination established in Policies 1.4.1 and 1.4.2 to
review concurrency and land use issues with existing comprehensive
plans. [9J-5.015 (3)(c)7.,F.A.C.]
Objective 1.5: SJRWMD's Water Supply Facility Work Plan. Work closely with the
SJRWMD to update Water Supply Facility Work Plans and Comprehensive Plan amendments as required.
Policy 1.5.1: Coordination with SJRWMD's and Volusia County and Future
Water Supply Needs.The SJRWMD District Water Supply Plan (DWSP)
addresses the current and future water use, alternative water source
projects,and other related issues in order to meet the future water supply
needs. The City's Water Supply Facilities Work Plan (WSFWP) coordinates
with the 2005 DWSP with respect to Project # 26 the Volusia County
Southeast Service Area Interconnect project. The City will continue to
coordinate with the District and Volusia County regarding that project.
The City will update its WSFWP and Comprehensive Plan as appropriate.
Policy 1.5.2: Maintaining the City's Water Supply Facilities Work Plan.The City
will maintain a Water Supply Facilities Work Plan (WSFWP) for a planning
period of not less than ten years. The WSFWP addresses issues that
pertain to water supply facilities and requirements needed to serve
current and future development within the City's water service area. The
City shall review and update the WSFWP at least every five years. Any
changes to occur within the first five years of the WSFWP shall be
included in the annual Capital Improvements Plan update.
Adopted on Date: 04/18/11
Ordinance No. 2010-0-23 VIII-4
CITY OF EDGEWATER CHAPTER VIII
COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT
Policy 1.5.3: Updating the City's Water Supply Facilities Work Plan.The City will
maintain a WSFWP that is coordinated with the SJRWMD's DWSP by
updating the Work Plan and related Comprehensive Plan policies within 18
months of an update to the SJRWMD's District Water Supply Plan(DWSP)
that affects the City.
Policy 1.5.4: Participating in the Development of SJRWMD's District Water
Supply Plan. The City will participate in the development of updates to
SJRWMD's DWSP and other water supply development-related
initiatives facilitated by SJRWMD that affect the City.
Policy 1.5.5: Developing Alternative Water Sources. The City will continue its
involvement in County-wide water conservation coordination and
evaluating and participating in developing alternative water sources
pursuant to guidance of the SJRWMD's DWSP.
Objective 1.6: Joint-Planning Areas. Coordinate with Volusia County,the Volusia Council
of Governments, the Volusia Growth Management Commission and any other jurisdiction as
appropriate to establish a more comprehensive and integrated annexation process.
Objective 1.7: Campus Master Plans. Recognize a campus master plan prepared pursuant
to Section 240.155, Florida Statutes, when such plan includes areas within the City or within the
City's Utility Service Area and coordinate with any University or College regarding the provisions of
any campus master development agreement.
Policy 1.7.1: Procedures for a Campus Master Plan. For applicable campus master
plans prepared pursuant to Section 240.155, Florida Statutes, the City
shall meet with the University or College to establish procedures to
recognize a campus master plan and to coordinate regarding the
provisions of the campus master development agreement. [9J-5.015
(3)(c)10.,F.A.C.]
Objective 1.8: Siting Facilities of Countywide Significance. Coordinate with Volusia
County regarding the siting of facilities with countywide significance, including locally unwanted
land uses.
Policy 1.8.1: Description of Facilities of Countywide Significance and Locally
Unwanted Land Uses. Facilities of countywide significance include but
are not limited to: hospitals, major school facilities and governmental
complexes. Locally unwanted land uses include but are not limited to:
uses that produce enough traffic, noise, smoke, odor, dust, fumes or
vibrations to have an effect on the health and general welfare of the
citizens of Edgewater.
Adopted on Date: 04/18/11
Ordinance No. 2010-0-23 VIII-5
CITY OF EDGEWATER CHAPTER VIII
COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT
Policy 1.8.2: The Siting of Facilities of Countywide Significance and Locally
Unwanted Land Uses. The City shall provide the County notice and
opportunity to comment on the siting of facilities of countywide
significance, including locally unwanted land uses. The City shall provide
an opportunity for the comments to be addressed in the siting process.
[9J-5.015 (3)(c)13.,F.A.C.]
Objective 1.9: School Board Collaborative Planning. Coordinate with the Volusia
County School Board for collaborative planning purposes, including public school concurrency
procedures. [9J-5.015 (3)(b)6.,F.A.C.]
Policy 1.9.1: School Board Interlocal Agreement. Review annually the interlocal
agreement with the School District of Volusia County to ensure inclusion
of:
• coordination of public school facilities element;
• review of population projection figures;
• corroboration on public school facilities siting,
• infrastructure and safety needs of schools;
• adoption of level of service standards;
• review and comment of the public school capital facilities
program;
• definition of the geographic application of school concurrency;
the use of schools by the public, including use as emergency
shelters;and
• for outlining public school concurrency requirements for future
development. [9J-5.015(3)(c)12. and (3)(c)14., F.A.C.]
Policy 1.9.2: Identifying Deficient Levels of Service and Public School Facilities.
The City shall coordinate with the School District of Volusia County to
identify deficient Levels of Services for public school facilities, and to
mitigate for those deficiencies through the development process when
applicable. [9J-5.015(3)(c)12. and(3)(c)14., F.A.C.]
Policy 1.9.3: Participating in Regularly Scheduled Meetings. The City shall
participate in regularly scheduled joint meetings with all participants
identified in the Interlocal Agreement for Coordinated Land Use and
Public School Facility Planning. [9J-5.015(3)(c)12. and(3)(c)14.,F.A.C.]
Objective 1.10: Population Projections. Coordinate population projections with Volusia
County, Volusia County School Board, Volusia County Transportation Planning Organization, and
other units of local government providing public facilities and services but not having regulatory
authority over the use of land.
Adopted on Date: 04/18/11
Ordinance No. 2010-0-23 VIII-6
CITY OF EDGEWATER CHAPTER VIII
COMPREHENSIVE PLAN INTERGOVERNMENTAL COORDINATION ELEMENT
Policy 1.10.1: School Board Coordination and Population Projections. The City
shall meet annually or as needed with the Volusia County School Board
to discuss population projections used in the City's Comprehensive Plan in
order to allow the School Board to consider City growth and
development projections and the City to consider School Board
enrollment projections. The population projections shall address but not
be limited to the location, timing and amount of school students. [9J-
5.015 (3)(c)11.,F.A.C.]
Policy 1.10.2: Volusia County TPO Coordination and Population Projections.The
City shall meet annually or as needed with the Volusia County
Transportation Planning Organization to discuss population projections
and consider expected growth shown in the City's Comprehensive Plan. [9J-
5.015 (3)(c)11.,F.A.C.]
Adopted on Date: 04/18/11
Ordinance No. 2010-0-23 VIII-7