2004-O-38
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ORDINANCE NO. 2004-0-38
AN ORDINANCE OF THE CITY OF EDGEW ATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
'NO. 2003-0-04 AS AMENDED, AMENDING THE FUTURE
LAND USE ELEMENT'BY AMENDING THE DATA AND
ANALYSIS, GOALS, OBJECTIVES, AND POLICIES AND BY
PROVIDING CONSISTENCY WITH OTHER ELEMENTS OF
THE COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOL USIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORT A TION 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 AN EFFECTIVE DATE.
Whereas, from time to time it becomes necessary to amend the City of Edgewater
Comprehensive Plan, and
Whereas, such amendments are permitted subject to the provisions of Chapter 163, F. S. and
Rule 91-11, F.A.C.
Whereas, the Planning and Zoning Board, sitting as the City's Local Planning Agency, held
an advertised Public Hearing pursuant to 163.3164(18) & 163.3174(4) (a), Fla. Stat. (2003), on
Wednesday, October 13,2004, on the proposed Plan Amendment and following that Public Hearing
voted and recommended that the City Council approve the aforesaid Amendments to the City's
2003 Comprehensive Plan; and
Whereas, the City Council feels it is in the best interests of the citizens of the City of
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Edgewater to amend its 2003 Comprehensive Plan as more particularly set forth hereinafter.
NOW, THEREFORE, BE IT ENACTED BY THE CITY
.. COUNCIL OF THE CITY OF EDGEW ATER , FLORIDA:
PART A.
AMENDMENT;
Amending the Future Land use Element by amending the data and analysis, goals,
objectives, and policies and by providing consistency with other elements of the comprehensive plan
as further described in Exhibits "A" and "B" (attached hereto and incorporated herein).
PARTB.
PUBLICATION.
That the notice of this proposed change of the Edgewater Comprehensive Plan shall be
published in the manner prescribed by 163.3184 (15) (c), Fla. Stat. (2003). The City Council shall
hold at least TWO (2) advertised Public Hearings on the proposed Comprehensive Plan
Amendments. The first publication shall appear at least SEVEN (7) days before the first Public
Hearing (Transmittal Hearing). 163.3184 (15) (b) 1., Fla. Stat. (2003). The second publication shall
appear at least FIVE (5) days before the second Public Hearing (Adoption Hearing). 163.3184 (15)
(b) 2., Fla. Stat. (2003). The required advertisement shall be no less than two columns wide by TEN
inches (10") long in a standard-size or tabloid-size newspaper, and the headline in the advertisement
shall be no smaller than EIGHTEEN (18) point. The advertisement shall not be placed in a portion
of the newspaper where legal notices and classified advertisements appear. The advertisement shall
be placed in a newspaper of general paid circulation in the City of Edgewater, and of general interest
and readership in the municipality, not one oflimited subject matter, pursuant to Chapter 50 of the
Florida Statutes. Whenever possible, the advertisement shall appear in the newspaper that is
published at least FIVE (5) days a week, unless the only newspaper in the municipality is published
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less than FIVE (5) days a week. 163.3184 (15) (c) 2.b., Fla. Stat. (2003). The advertisement shall
substantially be in the following form:
Notice of Comprehensive Plan Amendments
The City of Edge water proposes to adopt the following ordinance:
ORDINANCE NO. 2004-0-38
AN ORDINANCE OF THE CITY OF EDGEW A TER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, AMENDING THE FUTURE
LAND USE ELEMENT BY AMENDING THE DATA AND
ANALYSIS, GOALS, OBJECTIVES, AND POLICIES AND BY
PROVIDING CONSISTENCY WITH OTHER ELEMENTS OF
THE COMPREHENSIVE PLAN; PROVIDING FOR
PUBLICATION; PROVIDING FOR HOLDING PUBLIC
HEARINGS; PROVIDING FOR TRANSMITTING THIS
COMPREHENSIVE PLAN AMENDMENT TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS, THE VOLUSIA
GROWTH MANAGEMENT COMMISSION, VOLUSIA
COUNTY, THE REGIONAL PLANNING COUNCIL, THE ST.
JOHNS RIVER WATER MANAGEMENT DISTRICT, THE
DEP ART ME NT OF ENVIRONMENTAL PROTECTION, THE
FLORIDA DEPARTMENT OF TRANSPORT A TION 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 AN EFFECTIVE DATE.
A public hearing on the ordinance amending the Future Land Use Element will be held on October
18,2004 at 7:00 p.m. at the Community Center, 102 N. Riverside Drive, Edgewater, Florida 32132.
PART C.
PUBLIC HEARINGS.
That as a condition precedent to the adoption of this ordinance amending the City's 2003
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
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at the transmittal stage pursuant to subsection 163.3184 (15) (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, 163.3184; Fla. Stat. (2003). The Adoption Hearing shall
be held within 120 days of the Department of Community Affairs having issued its Objections,
Comments, and Recommendations Report to the City.
PARTD.
TRANS MITT AL OF AMENDMENTS TO PLAN.
Immediately following the Transmittal Hearing, the City Manager or his designee shall send
SIX (6) copies of the proposed Plan Amendments 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-l1.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy of the proposed Plan Amendments
to the V olusia Growth Management Commission, V olusia County, Regional Planning Council, the
St. Johns River Water Management District (Water Management District), Florida Department of
Transportation, Department of Environmental Protection and to any other unit oflocal government
or governmental agency in the State that has filed a written request with the City of Edgewater for
a copy of such plan amendments. 163.3184 (3) (a), Fla. Stat. (2003) and Rule 9J-l1.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
shall transmit FIVE (5) copies of the Plan Amendments and a copy of this ordinance to the
Department of Community Affairs. The City Manager or his designee shall also transmit within
TEN (10) working days a copy of the adopted Amendments to the Comprehensive Plan to the
Volusia Growth Management Commission, Volusia County, Regional Planning Council, the St.
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Johns River Water Management District (Water Management District), Florida Department of
Transportation, and Department of Environmental Protection. 163.3184 (7), Fla. Stat. (2003) &
Rule 9J-l1.011 (3), F.A.C.
PART E.
CONFLICTING ORDINANCES.
That all ordinances or parts thereof that are in conflict with this ordinance shall be and the
same are hereby rescinded and repealed.
PART F.
EFFECTIVE DATE.
That this ordinance shall become effective upon its final adoption; and either the Department
of Community Affairs entering a final order finding these Comprehensive Plan Amendments in
compliance, or the Administration Commission entering a final order finding that these
Comprehensive Plan Amendments have been brought into compliance.
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.
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PART H. ADOPTION.
After Motion by Councilman Brown and Second by Councilwoman Rhodes, the vote on the
first reading; of this ordinance held on October 18,2004 is as follows:
AYE NAY
Mayor Donald A. Schmidt ABSENT
Councilman James P. Brown X
Councilman Dennis A. Vincenzi ABSENT
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion by Councilwoman Lichter and Second by Councilman Brown
the vote on the second reading ofthis ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt x
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Councilman James P. Brown x
Councilman Dennis A. Vincenzi x
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Councilwoman Harriet E. Rhodes Absent
Councilwoman Judy Lichter x
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PASSED AND DULY ADOPTED this 7th day of march , 200 li
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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CITY COUNCIL OF THE
CITY OF EDGEWA,TEE'R), FLORIDA
Donald A. Schmidt
Mayor
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RobinnL. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 7 etday
Of march , 2005 under Agenda Item
No. 6-G
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EXHIBIT A
CITY OF EDGEWATER
COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT
Policy 1.5.9
Due to the widening of S.R. 442 the City shall pertuit conversion of
existing residential structures to professional office uses only when the
following conditions shall apply:
· The property is located on S.R. 442. east of Pinedale Road and west
of US Highway 1. and has a minimum of 100-feet frontage along S.R.
442.
· A Conditional Use Permit is applied for and granted by the Planning
and Zoning Board.
· Adequate access and parking to redeveloped parcels is provided.
· Land Development Code standards for buffers and site visibility
triangle can be provided to effectively maintain the viability of
adjacent residential uses. and
· A site plan is approved by City staff.
Professional office uses permitted are restrictive and shall be designed to
serve primarily the residents of the immediate neighborhood.
The usage of these properties shall not be detrimental to. nor
incompatible with the current nature of the area. Specific guidelines and
requirements for conversion of those properties are provided in the City
of Edgewater Land Development Code.
Objective 1.6: Transportation/Land Use Compatibility. The City will ensure that
population densities, housing types, employment patterns, and land uses are consistent with the
City's transportation network.
Policy 1.6.1:
Curb cuts and points of access to the traffic circulation system shall be
minimized.
Policy 1.6.2:
Shared driveways and cross access between adjacent properties shall be
encouraged.
Policy 1.6.3:
Proposed transportation improvements shall be consistent with the land
use patterns on the Future Land Use Map.
Policy 1.6.4:
Land uses that may generate high traffic counts shall be encouraged to
locate adjacent to arterial roads and mass transit systems.
Per Ordinance No. 2004-0-38
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EXHIBIT A
CITY OF EDGEW A TER
COMPREHENSIVE PLAN
FUTURE LAND USE ELEMENT
Policy 1.6.5:
Policy 1.6.6:
The City shall require an adequate quantity of on-site parking to
accommodate land uses.
By 2001, and prior to the completion of the widening of S.R. 142, the
City will complete and adopt In April 2004. the City adopted a corridor
plan for S.R. 442, atffi whieh include~ regulations in the Land
Development Code for an overlay district, which shall provide for
specific streetscape, landscape, architectural design standards, etc., for
properties developed along the S.R 442 corridor.
Objective 1.7: Adjacent Jurisdictions. The City shall promote compatibility of adjacent
land uses with V olusia County and the neighboring cities of New Smyrna Beach and Oak Hill.
Policy 1.7.1:
Policy 1.7.2:
Policy 1.7.3:
When reviewing land use amendments, the City shall consider the
existing and proposed land uses in any jurisdictions that are adjacent to
the proposed amendment.
By 2001, enter into a Joint Planning Area agreement with V olusia County
to control the timing of urban expansion.
Continue intergovernmental coordination through associated technical
committees with neighboring jurisdictions, such as the Metropolitan
Planning Organization (MPO), the V olusia Council of Governments
(VCOG) and the V olusia Growth Management Commission.
Objective 1.8: Annexation. The City shall pursue a policy of annexation, which will
provide for the most efficient use of public facilities and services, eliminate areas of jurisdictional
problems, and provide for sound growth and development of the City and surrounding area.
Policy 1.8.1:
Policy 1.8.2:
Policy 1.8.3:
The City will seek to enter into an interlocal agreement with V olusia
County within 12 months of the effective date of this amendment
regarding a future joint planning area, future annexation boundaries,
urban service boundaries, and a matrix of compatible County and City
land uses.
In order to reduce land use conflicts and for efficient public service
provision, the City shall investigate and, where feasible, annex all enclaves
as soon as possible.
New development proposed within the County in areas that are
contiguous to the City shall be annexed into the City and developed to
City standards as a condition for the extension of public utilities.
Per Ordinance No. 2004-0-38
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