2004-O-19
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ORDINANCE NO. 2004-0-19
AN ORDINANCE OF THE CITY OF EDGEW ATER,
FLORIDA; AMENDING CHAPTER 21 (LAND
DEVELOPMENT CODE) BY ENACTING ARTICLE XVIII
(INDIAN RIVER BOULEVARD - SR #442 CORRIDOR
DESIGN REGULATIONS); PROVIDING FOR CONFLICTING
PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR AN EFFECTIVE DATE, ADOPTION AND
CODIFICATION.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
WHEREAS, due to the widening of State Road #442 and potential development along the
corridor, the City of Edgewater and County of Vol usia jointly developed criteria relating to design
standards for property along the corridor.
WHEREAS, the new development standards meet the requirements set forth in Policy 1.6.6
of the Future Land Use Element and will maintain the aesthetic nature of the surrounding area and
ensure high quality private development within the Indian River Boulevard corridor.
WHEREAS, the two major components of the new regulations are: (1) landscape, buffer
and related site development treatments, especially areas immediately and adjacent to the road, and
(2) building design standards for new and redeveloped structures, including signage.
NOW, THEREFORE, BE IT ENACTED by the People of the City of Edgewater,
Florida:
PART A.
AMEND CHAPTER 21 (LAND DEVELOPMENT CODE) BY
ENACTING ARTICLE XVIII (INDIAN RIVER BOULEV ARD-
SR #442 CORRIDOR DESIGN REGULATIONS) OF THE
CODE OF ORDINANCES, CITY OF EDGEWATER,
FLORIDA.
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Chapter 21 (Land Development Code) of the City of Edgewater, Florida is hereby
amended by enacting Article XVIII (Indian River Boulevard - SR #442 Corridor
Design Regulations) as set forth in Exhibit "A" which is attached hereto and
incorporated herein.
PART B.
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are hereby superseded by this ordinance to the extent of such conflict.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 C.
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
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
CODIFICATION.
Provisions of this ordinance shall be incorporated in the Code of Ordinances of the City of
Edgewater, Florida, and the word "ordinance", may be changed to "section", "article", or other
appropriate word, and the sections ofthis ordinance may be renumbered or relettered to accomplish
such intention; provided, however, that Parts B through F shall not be codified.
PART E.
EFFECTIVE DATE.
This Ordinance shall take place upon adoption.
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PART F.
ADOPTION.
After Motion by Councilman Vincenzi and Second by Councilwoman Lichter, the vote on
the first reading of this ordinance held on April 5, 2004, was as follows:
AYE
NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown ABSENT
Councilman Dennis Vincenzi X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
After Motion b~ouncilwoman Rhodes and Second by Councilman Brown
the vote on the second reading ofthis ordinance was as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis Vincenzi
x
Councilwoman Harriet E. Rhodes
x
Councilwoman Judy Lichter
Absent
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2004-0-19
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PASSED AND DULY ADOPTED this 19 day of April, 2004.
ATTEST:
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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2004-0-19
CITY COUNCIL OF THE
CITY OF EDGEW®ATER, FLORIDA
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 19th day
of April, 2004 under Agenda Item No.
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