2004-O-14
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ORDINANCE NO. 2004-0-14
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, AMENDING THE
INTERGOVERNMENTAL COORDINATION ELEMENT AND
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 TRANSPORTATION 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 9J-ll, 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, February 11, 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
#2004-0-14 (Intergovernmental Coordination Element)
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Whereas, the City Council feels it is in the best interests of the citizens of the City of
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 Intergovernmental Coordination Element and the Future Land use
Element by amending the data and analysis, goals, objectives, and policies and by providing
consistency with other elements ofthe comprehensive plan as further described in Exhibits" A" and
"B" (attached hereto and incorporated herein).
PART B.
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
ofthe newspaper where legal notices and classified advertisements appear. The advertisement shall
be placed in a newspaper of general paid circulation in the City of Edge water , and of general interest
and readership in the municipality, not one of limited subject matter, pursuant to Chapter 50 of the
#2004-0-14 (Intergovernmental Coordination Element)
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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
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 Edgewater proposes to adopt the following ordinance:
ORDINANCE NO. 2004-0-14
AN ORDINANCE OF THE CITY OF EDGEWATER
AMENDING THE COMPREHENSIVE PLAN ORDINANCE
NO. 2003-0-04 AS AMENDED, AMENDING THE
INTERGOVERNMENTAL COORDINATION ELEMENT AND
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 TRANSPORTATION 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 Intergovernmental Coordination Element and the
Future Land Use Element will be held on February 23,2004 at 7:00 p.m. at the Community Center,
102 N. Riverside Drive, Edgewater, Florida 32132.
#2004-0-14 (Intergovernmental Coordination Element)
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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
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.
PART D.
TRANSMITTAL OF AMENDMENTS TO PLAN.
hnmediately 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-11.006, F.A.C. The City Manager or his designee shall also,
immediately following the Transmittal Hearing, transmit a copy ofthe proposed Plan Amendments
to the V olusia Growth Management Commission, V olusia County, Regional Planning Council, the
81. 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-11.006, F.A.C.
Within TEN (10) working days following the Adoption Hearing, the City Manager or his designee
#2004-0-14 (Intergovernmental Coordination Element)
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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
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, 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 Lichter, the vote on the
first reading of this ordinance held on February 23,2004 is as follows:
AYE
NAY
Mayor Donald A. Schmidt
x
Councilman James P. Brown
x
Councilman Dennis A. Vincenzi
x
Councilwoman Harriet E. Rhodes
Absent
Councilwoman Judy Lichter
x
After Motion by Councilwoman Rhodes
and Second by Councilwoman Lichter
the vote on the second reading of this ordinance was as follows:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown ~
Councilman Dennis A. Vincenzi ABSENT
Councilwoman Harriet E. Rhodes x -
Councilwoman Judy Lichter x
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PASSED AND DULY ADOPTED this 7th day of June
For the use and reliance only by the City of
Edgewater, Florida. Approved as to foam and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
#2004-0-14 (Intergovernmental Coordination Element)
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2004.
CITY COUNCIL OF THE
CITY DGEWATER, FLORIDA
By:
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 7th
day of June 2004 under
Agenda Item No. 6 E
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EXHIBIT" A"
,'CITY OF EDGEWATER ....
COMPREHENSIVE PLAN
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INTERGOVERNMENTAL COORDINATION ELEMENT
executed in 1999 and is valid for an initial three year period with three successive and
automatic three year extensions.
An interlocal agreement with the County to allow the V olusia County Health
Department to enforce provisions of the City's body art code. This is a perpetual
agreement executed in 2000.
An agreement with the County to include Edgewater in the countywide radio system.
This agreement was executed in 1994 and is valid through 2004.
A mutual aid agreement for between each city in V olusia County and the V olusia
County Sheriff's Office to mutual aid law enforcement services. This agreement was
executed in 1997 and is valid through 2004.
A mutual aid agreement for between each City in V olusia County and the V olusia
County Fire Services for mutual aid fire-rescue services.
d. FclgpuT~tf'r ~ncl St John" Rivpr W~tpr M~n~gpmpnt Di"trirt
This is a Cost Share Agreement stating that SJRWMD agrees to make payments to
the City, while the City agrees to furnish and deliver all materials and to perform all
labor for the Edgewater Reclaimed Water Augmentation Project.
e. Fclgp\uMPr ~ncl thp StMp of Floricl~, Dpr~rtmpnt of rommllnity A ff~ir"
This is a mutual assistance agreement stating that the City of Edgewater, the
Department of Community Affairs, and all other local governments will form an
integrated statewide disaster response plan that will provide mutual assistance in
emergency situations. The agreement was executed in 2000 and is valid for one year
with a one year extension.
f. FclgpuTMPr ~ncl Srhool Ro~rcl
An pyi"ting ~grppmpnt rpg~rcling thp ll"P of rl~ygrollncl f~rilitip", TthiS agreement is
for the purpose of expanding public recreational facilities within the County without
impairing school facilities or disturbing the learning process. The facilities will be for
exclusive use of the School Board during school hours, while the City may have use
of the facilities after school hours and on the weekends.
An Tntprlor~1 Agrppmpnt for Pllhlir Srhool F~rility Pbnning hprnTPpn thp rity ~ncl
thp V Ohl"i~ rOllnty Srhool Ro~rcl UT~" ~c1ortPc1 to inrlllc1p' hpttpr roorclin~tion of
np\U "rhool" in timp ~nc1 rl~rp uTith bnc1 c1pvplopmpnt, grPMpr pffiripnry for thp
"c:hool ho~rc1 ~ncllor~l govprnmpnt" hy rl~ring "rhool" to t~kp ~clv~nt~gp of pxi"ting
~nc1 rbnnpc1 ro~c1", \UMpr, "puTPr, ~nc1 r~rk", imrrovpcl "tllc1pnt ~rrp"" ~ncl ,,~fPfJT hy
c:oorclinMing thp ron"tnlrtion of npUT ~nc1 pxr~nc1pcl "rhool" uTith thp ro~c1 ~nc1
"ic1P\1T~ lk ron"tnlrtion rrogr~m" of thp lor~ I govprnmpnt", ~nc1 rpc111c:tion of rrp""llrp"
Per Ordinance No. 2004-0-14
VIII -6
Page 1 of2
CITY OF EDGEWATER W
COMPREHENSIVE PLAN
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INTERGOVERNMENTAL COORDINATION ELEMENT
rontrihnting to nrh~n "pr~uTl ~nrl "npport of f'xi"ting nf'ighhorhoorl" hy ~ppmpriMf'ly
lorMing nf"" "rhool" ~nrl f'xp~nrling ~nrl rf'novMing f'xi"ting "rhool"
g. ....vT"l"";",, 'JO'" I,"" All;"". '"' W~tf'r Anthority ofVoln"i~ 0Y1 A V)
This agreement that creates the Vulu:>~all W'alc:.L Alliall\..c WMf'r Anthority ofVoln"i~>
YLh.i.ch is between the following cities: Daytona Beach, Holly Hill, Ormond Beach,
Port Orange, New Smyrna Beach, South Daytona, Town of Ponce Inlet, Deland,
Orange City, Edgewater, P~C.L:>Ul1, DeBary, Lake Helen, Daytona Beach Shores, E7ak
Hrlt, Deltona, and V olusia County. It is the intent of the Alliall\x members to protect
and preserve their future water supply through good groundwater management
practices, comprehensive planning, and interlocal cooperation. Thi" ~grf'f'mf'nt UT~"
f'xf'rntf'rl in A llgJl"t> ?OO~
h. Florirl~ T1f'p~rtmf'nt of Tr~n"portMion
The City of Edgewater is party to an agreement with the FDOT to create the V olusia
County Metropolitan Planning Organization. V olusia County and each city within
V olusia County are also parties to this agreement. This agreement was executed in
1996 and remains in effect until one party terminates the agreement.
1. F rlgf'uTMf'r ~nrl Offirf' of thf' StMf' A ttornf'Y
The City of Edgewater Police Department entered into an agreement with the State
Attorney to provide services for victims of violent crimes.
J. A rf'~" of on-going roorrlin~tion hnt no form~ 1 ~grf'f'mf'nt"
There are several areas where cooperative efforts are undertaken without the force of
written agreements. These areas include: law enforcement and fIre-rescue services,
parks and recreation, planning and development review and transportation.
C. AREAS OF INTERGOVERNMENTAL COORDINATION ANALYSIS
As Edgewater continues to grow, there are a number of problems and needs which would
benefIt from additional coordination. These include:
a. Flltllrf' T ~nrl IT "f' Flf'mf'nt
Planning for areas adjacent to Edgewater. There is no formal interlocal agreement
between the County and Edgewater regarding future land use, services and facilities
in the adjacent unincorporated areas. Of particular concern are the unincorporated
areas to the west of the City. The drainage from these areas into the City's system
remains an area of concern. The type and intensity of development in the County's
portion of this area is of particular concern to the City. The southern area near
Per Ordinance No. 2004-0-14
Rev. 2/2004
VIII - 7
Page 2 of2
CITY OF EDGEWATER
COMPREHENSIVE PLAN
EXHIBIT "B"
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FUTURE LAND USE ELEMENT
Policy 1.11.8:
Policy 1.11.9:
Policy 1.11.10:
pedestrians, bicycles, cars, buses, serv1ce vehicles, and emergency
vehicles.
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.
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.
Public elementary. middle. and high schools shall be considered essential
infrastructure for the support of residential development.
Objective 1.12: Evacuation. The City will control future density and intensity in areas
subject to coastal flooding to protect the safety, health and welfare of the citizens of Edgewater.
Policy 1.12.1:
Policy 1.12.2:
Policy 1.12.3:
Policy 1.12.4:
Policy 1.12.5:
Coordinate land use density and intensity in areas subject to coastal
flooding with the East Central Florida Regional Planning Council and the
V olusia County Comprehensive Emergency Management Plan (CEMP).
The City will maintain a Disaster Preparation, Response and Recovery
Plan that sets forth the planning and procedures for evacuation and
coordinates with County, State and Federal efforts.
Land use amendments and zoning changes that will increase the density
or intensity of uses in areas subject to coastal flooding are required to
submit proof of acceptable hurricane evacuation time.
Increased development will not be allowed in areas that do not meet
standards for hurricane evacuation time.
The City of Edgewater will maintain post disaster recovery procedures in
the Disaster Preparation, Response and Recovery Plan.
Objective 1.13: Dredge Spoil. Since Edgewater is located within the coastal area, the City
shall designate adequate sites for dredge spoil disposal.
Policy 1.13.1:
The City will continue to support the efforts of the Florida Inland
Navigation District to develop a spoil site on a large tract of land north
of Park Avenue.
Per Ordinance No. 2003-0-14
1-38
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