82-O-3ORDINANCE NO. 82-0-3
AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA,
�A
AMENDING SECTIONS 14-1-2 AND -3 OF THE EDGEWATER
``
71
CODE OF ORDINANCES TO CHANGE THE INTERNAL PROCE-
DURE FOR REVIEW OF SITE PLANS, REVIEW OF ZONING
MATTERS, AND TO OTHERWISE PROVIDE FOR COMMUNITY
PLANNING PURSUANT TO THE LOCAL GOVERNMENT COMPRE-
HENSIVE PLANNING ACT OF 1975, PROVIDING FOR THE
DEFINITION AND ESTABLISHMENT OF THE EDGEWATER
ZONING COMMISSION AND THE EDGEWATER PLANNING AGENCY
PROVIDING FOR A MEMBERSHIP OF THE BOARD, DUTIES,
RESPONSIBILITIES AND PROCEDURES, SPECIFICALLY RE-
PEALING ORDINANCE 81-0-4 OF THE CITY OF EDGEWATER,
FLORIDA, AMENDING ORDINANCE 81-0-4 TO CHANGE RE-
FERENCES IN THE ZONING ORDINANCE TO EDGEWATER
ZONING COMMISSION AND EDGEWATER PLANNING COMMIS-
SION: AND AMENDING SECTION 200.00 OF THE ZONING
ORDINANCE AND ARTICLE VI OF THE SUBDIVISION ORDIN-
ANCE 79-0-7 TO REFER TO THE EDGEWATER ZONING COM-
MISSION AND EDGEWATER PLANNING COMMISSION; REPEAL-
ING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT
HEREWITH, PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council has reviewed its procedures for compli-
ance with its comprehensive plan pursuant to Local Government Compre-
hensive Planning Act of 1975, since its adoption within the City of
Edgewater, Florida, on April 6, 1981, and
WHEREAS, the City Council believes that the City of Edgewater
is in need of thorough site plan review procedures as well as local
land development regulations which insure consistency and compliance
with Edgewater's Comprehensive Plan and the intent of the applicable
Florida Statutes.
WHEREAS, the City Council derives said authority directly from
Article VIII of the Florida Constitution and Chapter 163, 166 and 177,
Florida Statutes
NOW THEREFORE BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER,
FLORIDA:
SECTION 1. Edgewater Zoning Commission
a. Established. There is hereinafter established within
the City of Edgewater, Florida, the Edgewater Zoning Commission,
hereinafter referred to as "Commission".
b. Authority. The Edgewater Zoning Commission shall exer-
cise such duties, powers and responsibilities as a Zoning Commis-
sion established under Florida law, it shall acquire and maintain
such information necessary to make reasonable decisions regarding
the course of planning and development within the City, and shall:
1. hold such public hearings that it shall deem
necessary to acquire adequate information;
2. shall recommend to the Council the adoption of the
Official Zoning Map;
3. shall make recommendations regarding amendment of
the Edgewater Comprehensive Plan.
4. shall co-ordinate continuous and ongoing planning
program, making periodic studies and reports regarding
proposals for the future development of the City;
5. shall recommend adoption of a land developemnt code
which shall contain regulations for the development of all
land within the City which shall be consistent with the
Edgewater Comprehensive Plan;
6. to exercise such authority as may be lawfully dele-
gated to a Zoning Commission by State law or by the
City Council;
7. shall make recommendations regarding the re -zoning
of real property within the City.
C. Duties concerning Comprehensive Planning. The Commission
shall monitor the effectiveness and status of the Comprehensive
Plan and shall take no action regarding land development or land
development regulations unless it shall have determined that they
are consistant with the Comprehensive Plan.
d. Authority. The Commission shall exercise its authority
throughout the incorporated areas of the City, and may be authoriz-
ed by the City Council to participate in inter -local agreements
with adjoining municipalities regarding the development of land
surrounding the City.
SECTION 2. Edgewater Planning Commission. The Edgewater Plan-
ning Commission is hereby established and designated as the Local
Planning Agency pursuant to the Local Government Comprehensive Planning
Act of 1975.
a. Powers and Duties. The Edgewater Planning Commission
shall have the following powers, duties, and responsibilities:
1. The Commission shall have primary responsibility for
determination that land development orders and land development
regulations are consistant with the Edgewater Comprehensive Plan;
M,0_3
u
2. The Commission shall have such specific responsibilities
as delineatedwithin the Local Government Comprehensive Plan-
ning Act of 1975 and such specific authority as is delegated
to it by the City Council pursuant to said Act.
3. The Commission shall review, approve, or attach condi-
tions for approval of all site plans required to be approved
pursuant to Section 715.02 of the Edgewater Zoning Code or
other applicable requirements of the Zoning Ordinance, Land
Development Regulations, or Comprehensive Plan.
4. The Commission may make recommendations regarding amend-
ment to the Zoning Ordinance, Land Development Regulations,
or Comprehensive Plan.
5. The Commission shall review requests for special except-
ions and shall make recommendations regarding same to the
Board of Adjustment.
6. The Commission shAll review requests for municipal annex-
ation or contraction and shall also make recommendations re-
garding applications for vacations of publicly dedicated land.
The Commission is also authorized and acredited by the City
Council for the purpose of approving subdivision plats pur-
suant to Chapter 177, Florida Statutes, and performing all
functions prescribed by the subdidision Ordinance.
b. Authority. The Commission shall exercise its authority
throughout all the incorporated areas of the City, and may be
authorized by the City Council pursuant to inter -local agreement,
to exercise authority outside the municipal boundaries of the City
in order to control the development of land in areas surrounding
the City.
SECTION 3. Membership.
a. Members; terms. The Edgewater Zoning Commission and the
Edgewater Planning Commission shall each have five members who
shall be appointed by Resolution of the City Council and shall
serve staggered terms of three years. The Council may appoint an
alternate member of each Board to vote in place of an absent member
and to become a full member upon a vacancy on the Board.
b. Initial Appointments. Upon the adoption of this Ordinance,
two members of each commission shall be appointed for a term of
one year; two members of each commission shall be appointed for
a term of two years; one member of each commission shall be
appointed for a term of three years.
c. Alternate. An alternate may be appointed for a period of
one year. Any vacancy occuring in such a term shall be filled
by the alternate for the remainder of the term.
d. Members to be City Residents. Members of the commission shall
be residents of the City during the tenure of their term.
e. Removal. The City Council may remove a member for cause only
after written charges and notice followed by a public hearing.
SECTION 4. Duties and Procedure.
a. Rules to Govern Meetings. Each Commission shall adopt
and from time to time amend various rules and regulations which
shall govern its meetings. -
b. Officers. Each Commission shall elect a chairman and
Vice -Chairman from among its members. The City Manager shall
furnish a staff member as secretary who shall keep a properly
indexed record of resoliut$ons, findings, actions, and reports of
the Commission, which shall be a public record and maintained for
inspection at City Hall.
c. Meetings. All meetings of any members of each Commission
shall be public. Due public notice of all meetings shall be given,
and the minutes of each meeting shall be transcribed and posted as
soon as practicable.
d. Reports. Each Commission shall make frequent reports on
its business to the City Council. All resolutions of the Com-
mission shall be subject to the approval of the Council.
e. Concurrent Meetings. Each Commission may meet concur-
rently, or may hold public hearings concurrently.
f. City Council to Appropriate Funds. The City Council
shall appropriate funds for salaries, fees and necessary expenses
for the financial support of each Commission. The City Council
may provide such expert consultants as necessary to assist it in
its functions., including consulting engineers, planning consultants
or legal staff. Such individuals may take part in discussions of
each Commission, but shall have no vote therein.
Two OFCA°Gtpztre �O h'�✓^'jjOi�
members shall be appointed for a term of one year; t4rse
members 0shall be appointed for a term of two .years, tbXQ4e member¢
(vreAd-DOMA.
ushall be appointed for a term of three years.
C. Alternate. An alternate may be appointed for a period of
one year. Any vacancy occuring in such a term shall be filled by
the alternate for the remainder of the term.
d. Members to be City Residents. Members of the Commission shall
be residents of the City during the tenure of their term.
e. Removal. The City Council may remove a member for cause only
after written charges and notice followed by a public hearing.
SECTION 4. Duties and Procedure.
a. Rules to Govern Meetings. Each Commission shall adopt
and from time to time amend various rules and regulations which
shall govern its meetings.
b. Officers. Each Commission shall elect a chairman and
THe c+i'YMANAdu F✓AP'OA
vice-chairman from among its members. I^ =aa�*loa, I shall apr
paint -a staff member as secretary who shall keep a properly index-
ed record of resolutions, findings, actions, and reports of the
Commission, which shall be a public record and maintained for
inspection at city hall.
C. Meetings. All meetings of any members of each Commission
shall be public. Due public notice of all meetings shall be given,
and the minutes of each meeting shall be transcribed and posted
as soon as practicable.
d. Reports. Each Commission shall make frequent reports on
its business to the City Council. All resolutions of the Commis-
sion shall be subject to the approval of the Council.
e. Concurrent Meetings. Each Commission may meet concurrent-
ly, or may hold public hearings concurrently.
f. City Council to Appropriate Funds. The City Council
shall appropriate funds for salaries, fees, and necessary expenses
for the financial support of each Commission. The City Council
may provide such expert consultants as necessary to assist it in
its functions, including consulting engineers, planning consultants,
Itjlr)eccAJ rke.t&Y 4T17 Ae.Q e:ty AAA,
or legal staff. Such individualsomay take part in discussions of
each Commission, but shall have no vote therein.
SECTION 5. Ordinance 81-0-4 is amended as follows: In Section
200.00 of the Edgewater Zoning Ordinance, the term "Zoning Board" shall
mean either the Edgewater Zoning Commission or the Edgewater Planning
Commission, and "Planning Board" shall mean either the Edgewater Zoning
Commission or the Edgewater Planning Commission. All references within
Ordinance 880, as amended, to the "Zoning Board" or the "Planning
Board" or "Zoning and Planning Board" shall be amended according to the
context. Matters clearly within the authority of Section 1 of this
Ordinance shall be referred to the Planning Commission, and matters
clearly within the authority of Section 2 of this Ordinance shall be
referred to the Zoning Commission.
SECTION 6. Ordinance 79-0-7 is hereby amended as follows: All
references to the "Edgewater Zoning Board" are hereby amended to read
"Edgewater Planning Commission". Article VI of Ordinance 79-0-7 is
specifically amended to change the term "Zoning Board" to read "Edgewater
Planning Commission."
SECTION 7. That all Ordinances or parts of Ordinances and all
Resolutions or parts of Resolutions in conflict herewith be and the
same are hereby repealed.
SECTION 8. This Ordinance shall take effect immediately upon its
adoption by the City Council and authentication as provided by law.
The first reading of the above Ordinance is read in full and
passed py vote of the City Council of the City of Edgewater, Florida,
at a meeting of said Council held on the ,1�O day of/(� v
1982, and approved as provided by law.
6 �/ ✓�✓ILFke
The second reading of said Ordinance be at a Lew
meeting of the City Council to be held on the day of //` ,
1982.
Roll call vote being as follows:
Sa-o-3
ATTEST:
FIRST READING:
Councilman
Councilman
SECOND READING:
Mayor
Councilman
Councilman
Councilman
Councilman
Appit®p`
his• /day
i
98
This Ordinance prepared by:
M. CLAY HENDERSON
City Attorney