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RESOLUTION 2006-R-07
A RESOLUTION OF THE CITY COUNCIL OF
EDGEW ATER, FLORIDA, AUTHORIZING AND DIRECTING
THAT A PROPOSED CHARTER AMENDMENT RELATED
TO MAXIMUM BUILDING HEIGHTS BE SUBMITTED TO
THE ELECTORS OF THE CITY OF EDGEWATER,
FLORIDA A T THE NOVEMBER 7, 2006 GENERAL
ELECTION, AS REQUESTED BY EDGEW A TER CITIZEN'S
ALLIANCE FOR RESPONSIBLE DEVELOPMENT, INC. AND
EVIDENCED BY PETITIONS SIGNED BY 1,554
REGISTERED ELECTORS OF THE CITY OF EDGEW A TER
WHICH PROPOSED CHARTER AMENDMENT PROPOSES
TO AMEND THE EDGEWATER CITY CHARTER TO
CREATE ANEW SECTION 1.01(a)(I) TITLED "AUTHORITY
TO LIMIT HEIGHT"; PROHIBITING BUILDING HEIGHTS
FROM EXCEEDING THIRTY-FIVE (35) FEET; PROVIDING
EXCEPTIONS TO SUCH HEIGHT LIMITATION;
PROVIDING FOR INCORPORATION OF THE CHARTER
AMENDMENT INTO THE CITY CHARTER, IF APPROVED;
PROVIDING FOR INTENT AND PURPOSE OF
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, on July 29, 2006, Edgewater Citizen's Alliance for Responsible
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Development, Inc. submitted a written request to the City of Edge water, requesting that a proposed
City of Edgewater Charter Amendment to Prohibit Building Heights Exceeding 35 Feet (the
"Charter Amendment") contained in petitions signed by registered electors of the City of Edge water
(the "Petitions") be placed on the ballot at the general election to be held on November 7,2006; and
WHEREAS, on July 18,2006, the City of Edgewater received a certification letter
from Ann McFall, Supervisor or Elections for V olusia County, certifying that she received 1,968
Petitions containing the Charter Amendment and verifying that the Petitions were signed by 1,554
registered electors of the City of Edgewater; and
WHEREAS, there were 14,509 registered electors of the City of Edge water as of the
last general election of the City of Edgewater; and
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.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EDGEW A TER, FLORIDA, as follows:
Section 1.
Authority. The City Commission 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 municipal
election to be held on November 7, 2006. 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.
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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" A" 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 Charter Amendment, as set
forth on Exhibit "B" attached hereto and by this reference made a part hereof, 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 ofthis 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 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.
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After Motion for approval by Cmjnr;twnman Rnoara and Second by
Councilwoman Rhodes, the vote on this Resolution was as follows:
AYE NAY
Mayor Mike Thomas x
Councilwoman Debra J. Rogers x
Councilman Dennis A. Vincenzi Absent
Councilwoman Harriet B. Rhodes x
Councilwoman Judy Lichter x
PASSED AND DULY ADOPTED this 21 day of August , 2006
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form
and legality by:Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
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CITY COUNCIL OF THE
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yor
Rabia L. Matusick
Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 21 st day
of August, 2006 under Agenda Item No.
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EXHIBIT "A" TO RESOLUTION 2006-R-07
BALLOT TITLE: Height Amendment, Amending Edgewater City Charter to Prohibit New
Building Heights Exceeding 35 feet.
BALLOT SUMMARY: Height Amendment prohibits construction of new buildings that exceed
35 feet in height; provides building height definitions and exclusions; buildings presently exceeding
35 feet in height may be repaired to existing height; prohibits alterations that would cause a building
height to exceed 35 feet; is not intended to restrict a property owner's vested rights under
constitutional, statutory, common law; repeals conflicting ordinances; provides effective date.
Yes No
FULL TEXT OF PROPOSED AMENDMENT:
Article I, Powers, Section 1.01, General Powers, of the Charter of the City of Edgewater, shall be
amended to add a new Section 1.01(a)(1), Authority to Limit Height, as follows:
Article I, Section 1.01(a)(1)
(a) In order to further protect the public health, safety, general welfare, and aesthetics, no
new building height shall exceed 35 feet, nor shall any existing building be altered to cause it to
exceed a building height of 35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road
of the nearest adjacent roadway at the center of the front of the building to the highest point of the
coping of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and
ridge for hip, gable and gambrel roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water
tanks, fire towers, cooling towers, ventilators, chimneys, radio and television towers, elevator
hoistways, not intended for human occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit
Developments on or before the effective date of this amendment, may be completed, repaired or
rebuilt to a height not to exceed the previously existing height, within the same building footprint,
subject to any other applicable state, federal or local laws. The height limits 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.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This
section becomes effective upon adoption. This amendment shall become effective immediately
upon approval by the electors.
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EXHIBIT "B" TO RESOLUTION 2006-R-07
Article I, Section 1.01(a)(1)
(a) In order to further protect the public health, safety, general welfare, and aesthetics, no
new building height shall exceed 35 feet, nor shall any existing building be altered to cause it to
exceed a building height of 35 feet.
(b) Building height means the vertical distance from the elevation of the crown of the road
of the nearest adjacent roadway at the center of the front of the building to the highest point of the
coping of a flat roof, the deck line of a mansard roof, or the mean height level between eaves and
ridge for hip, gable and gambrel roofs.
(c) The height limits do not apply to spires, belfries, cupolas, flagpoles, antennas, water
tanks, fire towers, cooling towers, ventilators, chimneys, radio and television towers, elevator
hoistways, not intended for human occupancy.
(d) Buildings in existence or with approved construction permits or adopted Planned Unit
Developments on or before the effective date of this amendment, may be completed, repaired or
rebuilt to a height not to exceed the previously existing height, within the same building footprint,
subject to any other applicable state, federal or local laws. The height limits 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.
(e) Those parts of any ordinances in conflict with this section are hereby repealed. This
section becomes effective upon adoption. This amendment shall become effective immediately
upon approval by the electors.
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