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2008-R-10 RESOLUTION NO. 2008-R-I0 A RESOLUTION OF THE CITY OF EDGEW A TER, FLORIDA, AUTHORIZING AND DIRECTING THAT A PROPOSED CHARTER AMENDMENT RELATED TO DENSITY WEST OF INTERSTATE 95 BE SUBMITTED TO THE ELECTORS OF THE CITY OF EDGEWATER, FLORIDA AT THE NOVEMBER 4, 2008 GENERAL ELECTION, AS REQUESTED BY EDGEW A TER CITIZENS' ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC. AND EVIDENCED BY VERIFIED PETITIONS SIGNED BY 1,510 REGISTERED ELECTORS OF THE CITY OF EDGEW A TER, WHICH PROPOSED CHARTER AMENDMENT PROPOSES TO AMEND THE EDGEW A TER CITY CHARTER TO CREATE A NEW SECTION 1.01(b) TITLED "RESIDENTIAL DENSITY LIMITS FOR LANDS WEST OF INTERSTATE 95"; PROHIBITING RESIDENTIAL DENSITY FROM EXCEEDING ONE DWELLING UNIT PER 20 ACRES; PROVIDING VARIANCES TO SUCH DENSITY RESTRICTION; PROVIDING FOR INCORPORATION OF THE CHARTER AMENDMENT INTO THE CITY CHARTER, IF APPROVED; PROVIDING FOR INTENT AND PURPOSE OR RESOLUTION; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 166.031, Florida Statutes, authorizes the electors of a municipality, by petition signed by ten percent (10%) of the registered voters of the municipality, to submit to the electors of the municipality a proposed amendment to the City Charter of the municipality; and WHEREAS, Chapter 166.031, Florida Statutes, provides that upon receipt of a petition calling for a proposed charter amendment that is signed by ten percent (10%) of the registered electors of a municipality, as of the municipality's last general election, the governing body of the municipality shall place the proposed charter amendment contained in the petition to a vote of the electors; and WHEREAS, Edgewater Citizens' Alliance for Responsible Development, Inc. has requested 2008-R-JO the City of Edgewater place a proposed City of Edgewater Charter Amendment to limit residential density for lands west of Interstate 95 (the "Charter Amendment") contained in petitions signed by registered electors of the City of Edgewater (the "Petitions") on the ballot at the general election to be held November 4, 2008; and WHEREAS, on September 18,2007, the City of Edge water received certification from Ann McFall, Supervisor of Elections for V olusia County, verifying that 1,510 Petitions were signed by registered electors of the City of Edge water; a copy of the Petition Certification being attached hereto as Exhibit "A" and by this reference made a part hereof; and WHEREAS, there were 13,384 registered electors of the City of Edge water as of November 7, 2006, the last general election of the City of Edgewater; and WHEREAS, on August II, 2008, the Circuit Court entered its Partial Final Declaratory Judgment finding the Charter Amendment in violation of Section 163 .3194( I )(b), Florida Statutes, in that it is inconsistent with the land uses and densities of the Comprehensive Land Use Plan of the County of Vol usia and of the City of Edgewater, and finding the Charter Amendment in violation of Section 163.3 I 67( 12), Florida Statutes, in that it affects five or few parcels, but at the same time ordering the City of Edgewater to immediately take necessary actions to transmit the proposed Charter Amendment to the V olusia County Supervisor of Elections for inclusion on the ballot for the November 4, 2008 General Election. WHEREAS, in order to comply with the requirements of Section 166.031, Florida Statutes, the City Council of the City of Edgewater desires to adopt this resolution. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDGEW A TER, FLORIDA, as follows: 2008-R-10 2 Section 1. Authority. The City Council of the City of Edgewater has the authority to adopt this Resolution pursuant to Chapter 166, Florida Statutes, and Section 6.08 of the City Charter. Section 2. Submission to Electorate. The Charter Amendment shall be placed on the ballot for a vote of the electors of the City of Edgewater at the next general election to be held on November 4,2008. Such election shall be held in conformity with the laws of the State of Florida and the ordinances of the City of Edgewater now in force relating to elections in the City of Edgewater. Section 3. Text of Charter Amendment. The ballot title, ballot summary and the substance of the Charter Amendment shall appear on the ballot in the form as set forth in Exhibit "B" attached hereto and by this reference made a part hereof, as such form was provided on the Petitions. Section 4. Incorporation into Charter. If a majority of the votes cast at the referendum election shall be for the Charter Amendment, the text of the Charter Amendment, as set for on Exhibit "C" attached hereto and by this reference made a part hereon, shall be incorporated and included as part of the Edgewater City Charter. If a majority of the votes cast at the referendum election shall be against this Charter Amendment, then this Charter Amendment shall be defeated and of no force and effect. Section 5. Intent and Purpose of Resolution. The adoption of this Resolution is not an expression of a position statement by the City Council either for or against the Charter Amendment and shall be construed as a ministerial duty in compliance with Section 166.031, Florida Statutes. Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent 200S-R-tO 3 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. Section 7. Effective Date. This Resolution shall become effective immediately upon passage and adoption. Section 8. Adoption. After Motion to approve by~nd Second byrliflr\nilrMfl fOOj>l""f , the vote on this resolution was as follows: AYE NAY Mayor Mike Thomas x X X X X Councilwoman Debra J. Rogers Councilwoman Gigi Bennington Councilwoman Harriet B. Rhodes Councilman Ted Cooper PASSED AND DULY ADOPTED this ~ day of A I 5 t J.c.,L ,2008. ATTEST: fuNtL )l)ON~P Bonnie Wenzel " City Clerk ,;-" ,,'....~, . ";, : ,..~" , . .:-) .. ::; ~ ", r;'~f .... (::i ....._ 'b I [r ( .. ." ; ~~t .-,-- .t". .. i>;.. ,., -.,.., ...,. ,.. ;], ..... .:."~( '7 .;.. ~~~#.<r)\ Robin L. Matusick Paralegal . '. ~ ~ ....."1' 2008-R-1O 4 For the use and reliance only by the City of Edgewater, Florida. Approved as to form and legality by: Carolyn S. Ansay, Esquire City Attorney Doran, Wolfe, Ansay & Kundid 2008-R-10 Approved by the City Council of the City of Edgewater at a meeting held on this ~ day of ~ust , 2008 under Agenda Item No. .1K-. 5 EXHIBIT "A" TO RESOLUTION 2008-R-tO SUPER 1S0.f Ck. ~ ~ ~ ~ -, ~ ~ c..:; ~/y , . !'lORlDA Jlnn Me ~a[[ Supervisor of Elections County of Volusia PETITION CERTIFICA TrON Susan J. Wadsworth The City of Edgewater City Clerk COUNTY OF VOLUSIA DATE: September 18, 2007 I, Ann McFall, Supervisor of Elections at VoJusia County, Florida, do hereby certify that 2146 total signatures were verified for The City of Edgewater Charter Amendment Regarding Residential Density West of 1-95. Of those, 1510 signatures were verified as registered electors in the City of Edgewater in Volusia County, and 636 signatures were deemed invalid for various reasons. a4~ Supervisor of Elections Seal Historic Courthouse 12S l'Vest Nfl/> York Al'mut'. DeLand, FL 32720-5415 i3St:} 736 .s~'3C . (3$6) :254 ~(/)C · (3SG; ~23-:;.3:1 . f,,\)( \:::SG) S~2-57~5 www.voiusia.org/elections If your signature has changed. ;::>Iease L.:;::>daTe your signature by ~ompleting a new Floridc v::>Ter regisTration :Jpplication. II is Im::>artont TO keep your signature L.:;::>da'ed so that :Jbsentee bollols and/a' ::Jelllion signatures can be counre::i EXHIBIT "B" TO RESOLUTION 2008-R-10 BALLOT TITLE: One dwelling unit per 20 acres permitted for lands west of Interstate- 95, variance procedure provided. BALLOT SUMMARY: Amend Charter to permit one dwelling unit per 20 acres for lands west of 1-95 within the city. Provides a variance procedure requiring preparation of an environmental and fiscal impact study; notice and public hearing; dwellings presently exceeding the density restriction may be repaired to same number of dwellings; prohibits alterations that would cause dwellings to exceed the permitted density; not intended to restrict a property owner's vested rights; repeals conflicting ordinances; effective upon adoption? Yes _No FULL TEXT OF PROPOSED AMENDMENT: Article I. Powers Sec. 1.0 I General Powers shall be amended to add Sec. 1.0 I (b) Authority to Limit Density. Residential density limits for lands west of Interstate 95. In order to further protect the public health, safety, general welfare, and aesthetics, no part of the City of Edgewater west of Interstate 95 shall be zoned to a residential density greater than one (I) dwelling unit per 20 acres for permanent occupancy dwellings. There shall be no fractional weighting of dwelling units. The city council may grant a variance to individual parcels upon petition and proof that the variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship. a. To grant such a variance, the city council must make findings of fact that the petitioner has met the legal standards for variance set forth in Article IX, Application Procedures, Section 21-100 - Variances of the City of Edgewater Land Development Code, and the variance must be approved by a concurring vote of four (4) members of the City Council after preparation of an environmental and fiscal impact study of the proposed variance, due notice and public hearing. A request for variance will be considered after a written petition is submitted to the city council indicating the grounds on which the variance is sought. After the petitioner has submitted a sufficient petition, the request must be scheduled for public hearing before the city council as expeditiously as possible, but not earlier than sixty (60) days from the date of submission of a sufficient petition. Notice and hearing requirements for such variance shall be in accordance with the provisions for such variance as set forth in Article IX, Application Procedures, EXHIBIT "B" TO RESOLUTION 2UUll-R-1O PAGEIOF2 Section 21-100 - Variances of the City of Edgewater Land Development Code, except that the environmental and fiscal impact study shall be prepared by the City and paid for by the applicant. The environmental and fiscal impact study shall be made available to the public at least ten (10) days prior to the public hearing on the website maintained by the City. b. Structures if razed shall be replaced only by structures which, if residential, conform to density limits of this section. No owners of dwelling units destroyed or substantially damaged by explosion, fire, flood, wind, erosion, or other disaster shall be denied the right either to rebuild or to raze and rebuild to the same number of dwelling units in the same location. c. The density restrictions are not intended to restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory or common law. If it is determined by a court of competent jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the Land Development Code in effect on the date of the adoption of this amendment. d. Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes effective upon adoption. EXHIBIT "B" TO RESOLliTION 2008-R-IO PAGE 2 OF 2 EXHIBIT "e" TO RESOLUTION 2008-R-I0 Sec. 1.01(b). Residential density limits for lands west of Interstate 95. In order to further protect the public health, safety, general welfare, and aesthetics, no part of the City of Edgewater west of Interstate 95 shall be zoned to a residential density greater than one (l) dwelling unit per 20 acres for permanent occupancy dwellings. There shall be no fractional weighting of dwelling units. The city council may grant a variance to individual parcels upon petition and proof that the variance will not be contrary to the public interest when, owing to special conditions, a literal enforcement of this section would result in unnecessary hardship. a. To grant such a variance, the city council must make findings of fact that the petitioner has met the legal standards for variance set forth in Article IX, Application Procedures, Section 21-100 - Variances of the City of Edge water Land Development Code, and the variance must be approved by a concurring vote of four (4) members of the City Council after preparation of an environmental and fiscal impact study of the proposed variance, due notice and public hearing. A request for variance will be considered after a written petition is submitted to the city council indicating the grounds on which the variance is sought. After the petitioner has submitted a sufficient petition, the request must be scheduled for public hearing before the city council as expeditiously as possible, but not earlier than sixty (60) days from the date of submission of a sufficient petition. Notice and hearing requirements for such variance shall be in accordance with the provisions for such variance as set forth in Article IX, Application Procedures, Section 21-100 - Variances of the City of Edgewater Land Development Code, except that the environmental and fiscal impact study shall be prepared by the City and paid for by the applicant. The environmental and fiscal impact study shall be made available to the public at least ten (l0) days prior to the public hearing on the website maintained by the City. b. Structures ifrazed shall be replaced only by structures which, ifresidential, conform to density limits of this section. No owners of dwelling units destroyed or substantially damaged by explosion, fire, flood, wind, erosion, or other disaster shall be denied the right either to rebuild or to raze and rebuild to the same number of dwelling units in the same location. c. The density restrictions are not intended to restrict or otherwise adversely affect a property owner's vested rights under constitutional, statutory or common law. If it is determined by a court of competent jurisdiction that a landowner has vested rights, the landowner can elect to proceed with development under the Land Development Code in effect on the date of the adoption of this amendment. d. Those parts of any ordinances in conflict with this section are hereby repealed. This section becomes effective upon adoption.