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05-16-2008 ... , .J Charter Review Committee May 16, 2008 City Hall Conference Room 8:30 a.m. MINUTES ....; 1. CALL TO ORDER Chairman Lott called the meeting to order at 8:30 a.m. in the City Hall Conference Room. 2. ROLL CALL Members present were, Pat Card, Ferd Heeb, Bob Lott, Scott Brown and Bob McIntosh. Also present were Assistant City Attorney Mike Ciocchetti (arrived at 8:45 a.m.), City Clerk Bonnie Wenzel and retired City Clerk Susan Wadsworth. 2. APPROVAL OF MINUTES - May 2, 2008 MOTION bv Mr. Card. second bv Mr. McIntosh to approve the minute of Mav 2. 2008 as read. MOTION CARRIED 5-0 3. CONTINUED DISCUSSION OF ELECTON CHANGES/OTHER CHANGES Chairman Lott stated he has spoken with our elected officials about the changes the Committee was talking about. He added that he would like to look at making changes to the height restriction in the Charter. He stated that UCF agrees with and condones mixed use in planned communities. He suggested looking at changes to keep taller builders away from the Indian River. He would like to look at the language and clean it up. '-J Mr. Card stated he felt the timing was right. Chairman Lott stated a lot of people he spoke with wanted to protect the river; he felt if the river were still protected people would vote for the change. Mr. Card asked if a formal poll was completed. Chairman Lott stated not a paid study. Mr. Heeb stated that the City of Edgewater is eight miles long, north to south and approximately one mile of that has a view of the river. He added that he does not feel the height limit belongs in the Charter; it belongs in the Land Development Code. Assistant City Attorney Ciocchetti provided the Committee with a draft Ordinance for the election changes and went over it. Mr. Card noted that there was nothing in the ballot question about the one time extension. Assistant City Attorney Ciocchetti stated the question is limited to 75 words; it was left generic to avoid confusion. Chairman Lott asked if they could put the cost savings on the ballot. Assistant City Attorney Ciocchetti stated that would be advocating a position. Mr. Card questioned having a majority to appoint another Council member if there are resignations. Assistant City Attorney Ciocchetti stated if there is not a majority the Governor could appoint someone to Council. Mr. Heeb stated the first page of the Ordinance stated the terms would be extended for one year, when in fact it would be 13-months. Chairman Lott stated they have to make sure this is the language they want to go before Council. u Mr. Heeb asked why the Canvassing Board is a separate question. Assistant City Attorney stated he felt it should be separate to avoid confusion. He added that Section 3.04 (al) was struck because it was already located in Section 5.05(b). Mrs. Wadsworth suggested keeping it all together. Mr. Heeb asked how much of a problem was it to move it from Section 5 to Section 3.04. Assistant City Attorney Ciocchetti stated it was not uncommon to have it separate, and suggested leaving it that way. He added that they were separate subjects and should be kept that way on the ballot. M:\2008 Charter Review Committee\Minutes\5-16-08 minutes.doc ~ ~ Charter Review Committee May 16, 2008 City Hall Conference Room 8:30 a.m. MINUTES .,.J Chairman Lott asked the Committee if they wanted to approve this language and send it to Council. He then suggested they entertain additional discussion now and meet next Friday to finalize. Mr. Heeb stated the first issue was to resolve whether or not they move Section 5 into Section 3. Chairman Lott stated that was only renumbering and should not be part of the Referendum. Mr. Heeb suggested a motion to adopt his wording, and to leave Section 5 in Section 5 and not move it to Section 3. Mr. Card so moved, second bv Mr. Heeb. MOTION CARRIED 5-0 Chairman Lott spoke about clarifying Section C-4 in the Ordinance, and removing the exception in Section A-I. He asked when this would be finalized. Mr. Heeb suggested the clean copy be emailed to the Committee. Assistant City Attorney Ciocchetti stated he would clean up the document and email it to them and asked they confirm receipt of the email. Mrs. Wadsworth stated that the Volusia County Canvassing Board automatically sits as the Canvassing Board if the County has an item on the ballot. Mr. Heeb asked Assistant City Attorney Ciocchetti to email the document to Ann McFall also. He stated he would. U INDIAN RIVER VIEW COORIDOR PRESERVATION ACT: Chairman Lott stated he believes the present 35-foot height restriction does not exactly serve the purpose it was meant to serve; it was intended to save the river view. Chairman Lott then provided an exhibit (attached) to review and stated it would need some changes. He then stated that this restriction does not belong in the Charter; it belongs in the Land Development Code. Mr. Card asked what did we lose if it was not passed, that the main concern was the election changes. Chairman Lott stated the second amendment to the height restriction was approved by 73% of the people who voted. Mr. Card stated he did not have a problem putting this amendment on the ballot. Mr. Heeb stated there should be nothing over 35-feet high along the river, and this should be in the Land Development Code, not the Charter. Mr. Card stated he would like to see a mix along US Highway 1. Chairman Lott stated everything is going towards clustering, vertical density is needed. Chairman Lott stated he would like everyone to look over the draft he provided; he added that they should encompass the area south of Riverside Drive. He would like to give the City the opportunity to take advantage of the new development practices to create a viable City. o Mr. Brown stated they should look at west of US Highway 1, that the properties east of US Highway 1 could be indicated in the Charter and they could adopt what the Fed's have done. He stated west of US Highway 1 look for higher densities and height. M :\2008 Charter Review Committee\M inutes\5-16-08 minutes. doc 2 v u o ,--: t. . Charter Review Committee May 16, 2008 City Hall Conference Room 8:30 a.m. MINUTES Chairman Lott would like to present an option for the elected officials to make an intelligent decision. He suggested they review the document and come for further discussion. Chairman Lott stated the next meeting would he held on May 23, 2008 at 8:30 a.m. to go over the final language for the elections and further discussion on the Indian River View Corridor Preservation Act. There being no further business to discuss, the meeting adjourned at 9:42 a.m. Minutes respectfully submitted by: Bonnie Wenzel, City Clerk M:\2008 Charter Review Committee\Minutes\5-16-08 minutes.doc 3 "" a ~:. ; J\r'~~ ;'~~~#',~ ~-~ ill i!l ~, c ill! \l' '.<: ';;. v SII\Ji\OK ~\\lJ\ a~ u INDIAN RIVER VIEW CORRIDOR PRESERVATION ACT The Indian River View Corridor Preservation Act is a proposed Amendment to the City of Edgewater Charter for the express purpose of implementing the spirit and intent of an initial referendum passed by the City of Edgewater designed to limit the height of structures that would impede the view of the Indian River within the City. It is recognized that lands lying east of Riverside Drive are, and have been, limited in height to twenty-six feet (26'), and accordingly, this Amendment is designed to create a View Corridor that limits the height of all structures within it. The View Corridor begins at the western right-of-way line of Riverside Drive and continues west for a distance of two hundred fifty feet (250'). It continues north and south along Riverside Drive to the corporate limits of the City of Edgewater. Height restrictions in all other parts of the City of Edgewater would be eliminated. Height in these areas would be subject to Land Development Code to be administered by the City staff and the City Commission in accordance with procedures and protocols adopted in the Land Development Code. Accordingly, the following text is proposed: u "City of Edgewater Proposed Charter Amendment Height Amendment amending Edgewater City Charter to prohibit new building heights exceeding thirty-five feet (35') within the Indian River View Corridor. Height Amendment prohibits construction of new buildings that exceed thirty-five feet (35') in height within the Indian River View Corridor. The Indian River View Corridor is all lands lying two hundred fifty feet (250') west of the western right- of-way line of Riverside Drive within the corporate limits of Edgewater. Provides building height definitions and exclusions, buildings presently exceeding thirty- five feet (35') in height may be repaired to existing height; prohibits alterations that would cause a building height to exceed thirty-five feet (35'); is not intended to restrict a property owner's vested rights under constitutional, statutory, common law; repeals conflicting ordinances; provides effective date. Shall the above described Amendment be adopted? Yes _ No_" u Because Edgewater is a city in transition from basically a "bedroom" community compromised mostly of single-family residences to a more balanced community of homes, business and industry, the City has previously adopted two Charter Amendments, the first of which initially limited all structures within the City to thirty-five feet (35'). Subsequently the City initiated and passed a modification to the first Charter Amendment to exclude from the effect of thirty-five feet (35') height limitation, commercial, public, semi-public and industrial buildings. 079826, 000001, 102305745.1 DRAFT 5/15/08 5:08 PM 1 -~ The City is moving forward to encompass a more diversified portfolio of homes, business and industry within the community, and as a result it is recognized that more flexibility is required to accommodate emerging market conditions, sustainable development, protocols; provide for more compact and urban forms of residential development and increased flexibility including mixed-use buildings that contain retail and office with residents on top in order to attract industry and commerce, higher paying jobs and to expand the tax base within the City. In order to accomplish these goals, flexibility in planning is required, and the constraints of the existing thirty-five foot (35') height limitations limit flexibility. However, it is recognized that the areas along Riverside Drive that provide for a view of the Indian River are significant, and constitute an important resource that contributes to the quality of life and the future of the City of Edgewater. It is also recognized that the initial effort in limiting height within the City was driven by the desire to preserve a "View Corridor" along Riverside Drive so as to ensure that those views were maintained. The goal then and now is to prohibit the development of high-rise structures that would impede the view and compromise the City's desire to maintain the river view area as quiet place of refuge within the City. Accordingly, this proposal suggests the establishment of the Indian River View Corridor as a preservation district or area and asks whether or not the Charter of the City of Edgewater should be amended to require that lands within Indian Review View Corridor be subjected to a thirty-five foot "35') height limitation as described here and allow areas outside of the Indian River View Corridor to be administered through regulations adopted by the city under its Land Development Code. 079826,000001, 102305745.1 . DRAFT 5/15/08 5:08 PM 2 o u o