11-14-2000CITY OF EDGEWATER
,%. CITIZENS LAND DEVELOPMENT REVIEW COMMITTEE
REGULAR MEETING
NOVEMBER 14, 2000
7:00 P.M.
MINUTES
CALL TO ORDER
Chairman Card called the Regular Meeting to order at 7:02 p.m. in the Community Center.
ROLL CALL
Members present were: Chairman Pat Card, Ferd Heeb, J. Michael McKay, Dan Holland,
Mike Aloise, Dan Sylvester, David Ross, Robert Blum, Paul Jenkins, Dan Loeffler, Elizabeth
Donahue, Richard Jones, and Ray Jarrett. Burt Madewell and Andy Anderson were absent.
Chairman Card stated that Mr. Anderson called him to let him know he would be unable to
attend the meeting.
Also present was Board Coordinator, Pat Hayes.
APPROVAL OF MINUTES
Regular meeting of November 2, 2000
Mr. Holland made a motion to accept the minutes as written. Second by Mr. Aloise. The
MOTION CARRIED 13 -0.
PUBLIC COMMENT
No members of the public were present at this meeting
STAFF COMMENT AND REPORTS
There were none at this time. Chairman Card related that he had spoken with Ms. Plaskett and
that they would be putting the "rough draft" of the final language before the attorney for
review. He also stated he had a meeting scheduled with Ms. Plaskett for this Friday to go
over the committee's progress. There was discussion on whether the committee should ask
for staff to review the language prior to the next meeting. The consensus of the committee
was to have a legal review and then go directly to the City Council.
OLD BUSINESS
Chairman Card called on Mr. Ross to discuss un- permitted temporary canopy tops, carried
over from the last meeting. Mr. Ross stated that he was concerned about covers on canopies
�, that were not permitted and believed language should be added that they be removed during
hurricane warning conditions. After much discussion, Mr_ Holland made a motion to add
``✓ "tops of temporary structures" after "Tarps" in Section 21.35.04(d). Mr. Ross seconded the
motion. MOTION CARRIED 13 -0.
Mr. Ross read his proposal to define "trailers ". Mr. Heeb motioned that the proposal be
accepted as read, seconded by Mr. Aloise. There was discussion on how tractors and trailers
are defined and licensed. MOTION CARRIED 13 -0.
Mr. Jenkins made a motion that the City look at the definition for "Commercial Vehicle"
seconded by Mr. McKay. After discussion, the consensus of the committee was to
recommend the "glitch committee" review the definition. Mr. Jenkins amended his motion as
such. MOTION PASSED 13 -0.
NEW BUSINESS
Chairman Card asked for a proposal addressing limiting the number of vehicles allowed on a
piece of property. Mr. Heeb made a motion to limit one vehicle per 4,000 sq. ft. of lot area.
Mr. Ross seconded.
Chairman Card asked what the typical area was for a lot in Florida Shores. Ms. Donahue
stated it was 10,000 square feet. Mr. Loeffler stated that he felt that where the vehicles could
be parked on the lot should be addressed as well. Mr. Heeb amended his motion to state
"visible from the street ". There was much discussion concerning atypical lots. Mr. Loeffler
1 %W asked if language should also include vehicles that are parked temporarily such as visitors or
friends staying on the premises. There was discussion on how long the time limit would be
for these temporary vehicles. The committee consensus was that the language should be
consistent with language in the section concerning visiting RV's_ Mr. Heeb amended his
motion again to read: Limit of 1 vehicle (watercraft and watercraft trailer, motor homes,
RV's, vehicle trailers, and campers) per 4,000 square feet of lot area to be parked in the front
and/or side yard. Additional temporary vehicles may be parked in these areas for no longer
than two (2) weeks.
Mr. Ross and Mr. Jones both stated that there is a Board of Adjustments to hear cause of
hardship and exceptional cases should be left to the established variance procedures. Mr.
Jenkins made a motion to amend Mr. Heeb`s motion to read front setback rather than front
yard. Mr. Loeffler seconded. MOTION CARRIED 7 -6. Chairman Card, Mr. Heeb, Mr.
Jarrett, Mr. Ross, Mr. Jones, and Ms. Donahue voted NO.
The original motion as amended was voted on. MOTION PASSED 11 -2. Mr. Ross and Mr.
Jarrett voted NO.
Chairman Card asked for any other open questions.
Mr. Sylvester asked if the committee should place a restriction on how many donor vehicles
would be allowed in the vehicle restorations section of the code. Chairman Card stated he
1 4W would entertain a motion. Mr. Sylvester made a motion that the code place a restriction of
one permitted donor vehicle, in addition to a permitted restoration vehicle. MOTION DIED
'%W due to lack of a second.
Mr. Heeb asked for clarification on the numbering in Section 21 -34.06 (A). He asked if the A
was necessary or a mistake. Chairman Card asked if the committee could agree that the
numbering should be consistent with the numbering system of the rest of the code and leave
staff to determine that. The committee agreed.
Mr. Heeb then made a motion for clarification purposes on the following language in Section
21.34.06:
Add "trailers" to the lead sentence of the section, so to read "Watercraft and watercraft
trailers, motor homes, recreational vehicle trailers, trailers, and campers ";
Change Section G to read: "The owner of the watercraft and watercraft trailer, motor home,
RV and RV trailer or camper must reside on the premises where the item is parked or stored.
Additional property owned by the resident adjacent to the residence is considered to be a part
of the premises for this purpose. The vehicle shall not be lived in, except during an
emergency or natural disaster; and
Change Section H to include. "Waste material shall not be permitted to discharge."
Mr. Holland seconded the motion. After much discussion of wording of the 3 areas of the
`%' motion, Chairman Card called for the question MOTION PASSED 13 -0.
Chairman Card brought up that the language in Section 21 -34.06 (b) had not yet been voted
on. Mr. Holland made a motion that the language be accepted as read in Mr. Jenkins
proposal. Mr. Aloise seconded. MOTION PASSED 12 -1. Mr. Jenkins voted NO.
Mr. Sylvester pointed out that the language given to the committee in Section 21- 35.04(e) was
inconsistent with the language agreed upon and recorded in the November 2, 2000 minutes.
Final language will be changed to reflect the language passed at the Nov. 2 meeting.
Mr. Sylvester also noted that language was discussed to add polypropylene and polyester to
polyethylene being restricted from tie down leads. This language was missing from the
minutes.
Mr. Jenkins made a motion to make an addition to the language in Section 21- 35.04(b)(2) to
restrict polypropylene and polyester, as well as polyethylene tie down leads. Mr. Sylvester
seconded. MOTION PASSED 13 -0.
Mr. Jenkins then brought up Section 21- 34.06(a). He feels that boat registration sticker
should be deleted. He believes a valid license tag is sufficient. Chairman Card entertained a
motion stating so. Mr. Jenkins made a motion that Section 21- 34.06(a) read "Both watercraft
and watercraft trailers, motor homes, recreational vehicle trailers, trailers, and campers stored
',r on residentially used property shall have a current and valid license tag, except any boat or
trailer out of view to any person other than the property owner shall not be required to have a
%W valid license tag." Second by Mr. Jones. MOTION PASSED 12 -1. Mr. Sylvester voted NO.
Mr. Jones also read a newspaper article concerning vehicle registration and feels that this
might be an issue that will cause problems in the future.
Mr. Jenkins then made a motion to move paragraph D in Section 21 -34.05 to the end of
paragraph A and renumber the Section. Second by Mr. McKay. MOTION PASSED 13 -0.
Mr. Jenkins then made a motion that the entire second paragraph be removed from Section
21- 34.04. It reads, " This section will provide for immediate removal of or disposition of
vehicles determined to be junked, discarded, wrecked or otherwise beyond their usefulness as
a conveyance. Second by Mr. McKay. After much discussion, MOTION PASSED 21 -1.
Mr. Sylvester voted NO.
Chairman Card stated that it now being after 9:00, he would entertain a motion to extend the
meeting. Mr. Jenkins made a motion to extend the meeting for and additional 30 minutes.
Second by Mr. McKay. MOTION PASSED 13 -0. Chairman Card said anyone needing to
leave may do so without being penalized in the final vote count.
Chairman Card stated that there appeared to be a scrivener's error in Section 21- 34.06(f)(1).
Mr. Heeb made a motion to add language to this section to include watercraft, R. V.'s etc. and
would now read as follows: The ground beneath the watercraft and watercraft trailers, motor
homes, recreational vehicle trailers, trailers, and campers shall be kept free of debris,
including weeds and grass in excess of twelve inches (12 "). Second by Mr. Ross. Motion
passed 13 -0.
Mr. Ross made a motion to add language to Section 21- 34.04(c). He asked that the language
"shall be deemed to be wrecked or abandoned." be added to the end of the paragraph. Second
by Mr. Aloise. MOTION PASSED 13 -0.
Chairman Card stated that he had spoken with Ms. Plaskett and that they would ask the City
Attorney to review the language for correctness. Several committee members requested that
the City Attorney be present at the next meeting to answer questions or to make suggestions
as to wording, etc. Chairman Card stated he would make that request.
ADJOURNMENT
There being no further open questions, Chairman. Card set the agenda for the November 30,
2000 meeting to be devoted to taking a final vote on the language. Mr. Heeb made a motion
to adjourn. Second by Mr. Loeffler. MOTION PASSED I3 -0. Meeting adjourned at
9:25p.m.
Minutes submitted by:
,%, Pat Hayes
RECOMMENDED DEFINITION CHANGES OR ADDITIONS
DEFINITIONS
Change VEHICLE, COMMERCIAL to read — "means any vehicle, beach concession
wagon, semi - tractor, or semi - trailer with rated capacity of one ton or more; is
intended or used for the transportation of people or goods as a part of a business; is
either commercially or privately registered; and does not include rental vehicles
designed for temporary personal use.
:11
TRAILER shall mean any non self propelled wheeled vehicle licensed by the State of
Florida as a trailer, not otherwise regulated herein as "Commercial ", "Watercraft ",
or "Recreational ".
2 November 16, 2000
21 -34.04 Inoperable, Abandoned and / or Wrecked Vehicles.
The purpose of this section is to establish criteria for identification and regulation of
vehicles determined to be wrecked or abandoned in residentially used property.
A. Vehicles wrecked or abandoned shall not be stored in any zoning district except
as provided for in Section 21- 34.05.
B. A vehicle shall be determined or defined as wrecked or abandoned by Code
Enforcement officials should it be:
1. A threat to public health, safety or welfare due to its condition or the conditions in,
under or around subject vehicle.
2. Any vehicle violating ERA regulations or leaking non - contained hazardous fluids,
such as oil, fuel, gear grease, hydraulic fluid, ethylene - glycol or other hazardous anti-
freeze coolant additives and any other chemicals which pose a threat to public health,
safety or welfare by entering the groundwater supply, or significantly running off the
vehicle onto surrounding area, creating dangerous/hazardous conditions for passing
motorists or persons in the immediate vicinity.
3. Any vehicle with discarded items accumulating in, on, or around its immediate area,
causing vehicle to meet criteria for "nuisance ". Definition: "An offensive, annoying,
unpleasant or obnoxious object, odor, noise or practice. A cause or source of
annoyance, especially a continuing or repeated invasion or disturbance of another's
right, including the actual or potential emanation of any physical characteristics of
activity or use across a property line which emanation can be perceived by or affects
a human being. * This definition will be used by Code Enforcement Officials to help
them with the task of bringing vehicles into compliance with City Codes.
4. Vehicles stored outside with open hood, doors or hatches and compartments exposed
to the general public or neighboring properties for any period exceeding twenty -four
(24) hours.
C. Any vehicle visible to the general public or neighboring properties, which is
obviously wrecked, dismantled or inoperable, shall be deemed to be wrecked or
abandoned.
D. Any vehicle for which Code Enforcement Officials cannot establish ownership or
the responsible party declines to resolve valid issues contained within this section
shall be determined to be abandoned.
3 November 16, 2000
21 -34.05 Vehicle Restoration & Permits - For Residential Properties
A. Vehicles being restored may be stored in an enclosed area, not visible to the
general public or neighboring properties. Any person seeking to openly restore a
vehicle shall file a permit application with the City in the Code Enforcement
Department. When not working on said vehicle, it shall be stored from view by
opaque fencing, screening, custom car cover or stored inside a garage.
B. The application shall be accompanied by a current photograph of the vehicle,
along with a letter describing the restorer's plans for restoration or related
activities and a proposed timeline for progress. The permit shall be posted
conspicuously at the residence at all times.
C. The term of the permit shall be one (1) year. Additional renewals will be
available provided that progress consistent with the proposal is being made.
D. Vehicles being restored shall be owned by the occupant of the property.
E. Donor vehicles stored on property to supply parts for the permitted restoration
vehicle shall comply with all of the above.
4 November 16, 2000
21 -34.06 Watercraft and watercraft trailers, motor homes, recreational vehicle
t " r trailers, trailers, and campers.
The purpose of this Section is to establish criteria for the parking and storage of
watercraft and watercraft trailers, motor homes, recreational vehicle trailers, trailers, and
campers on residentially used property.
A. Both watercraft and watercraft trailers, motor homes, recreational vehicle trailers,
trailers, and campers stored on residentially used property shall have a current and
valid license tag, except any boat or trailer out of view to any person other than
the property owner shall not be required to have a valid license tag.
B. Watercraft and watercraft trailers, motor homes, recreational vehicle trailers,
trailers, and campers stored on residentially used property shall be maintained in
an operable condition. Repairs shall not exceed three (3) months.
C. Watercraft and watercraft trailers, motor homes, recreational vehicle trailers,
trailers, and campers may be parked or stored in a driveway, immediately parallel
to the driveway, alongside the house or in the backyard subject to the following
exception:
1. No watercraft or watercraft trailer or any part thereof may rest on or
occupy airspace past the property line.
lftw
D. Boat motors of watercraft parked or stored on residentially used property shall not
be operated before 7 a.m. or after 10 p.m
E. Watercraft stored on residentially used property shall not be used as a dwelling,
nor shall waste material be permitted to discharge.
F. Watercraft and watercraft trailers, motor homes, recreational vehicle trailers,
trailers, and campers parked or stored on a residentially used property shall meet
reasonable standards of appearance and maintenance as follows:
1. The ground beneath the watercraft and watercraft trailers, motor homes,
recreational vehicle trailers, trailers, and campers shall be kept free of
debris, including weeds and grass in excess of twelve inches (12 ").
2. Watercraft trailer, R.V., and trailer tires shall be inflated.
3. The watercraft shall be kept clean and not be allowed to emit any
obnoxious odors that can be smelled from beyond the owner's property
line.
November 16, 2000
4. Only routine repairs and maintenance may be performed on watercraft and
watercraft trailers, motor homes, recreational vehicle trailers, trailers, and
campers stored in front yards.
G. The owner of the watercraft and watercraft trailer, motor home, RV and RV
trailer or camper must reside on the premises where the item is parked or stored.
Additional property owned by the resident adjacent to the residence is considered
to be a part of the premises for this purpose. The vehicle shall not be lived in,
except during an emergency or natural disaster.
H. Visitors may reside in their motor homes on residentially used property for a
maxim of a two (2) week period with a permit. Waste material shall not be
permitted to discharge.
I. A limit of one vehicle (watercraft and watercraft trailer, motor home, RV and RV
trailer or camper) per 4,000 sq.. ft. of lot area shall be allowed to be parked in the
front setback and/or side yard. Additional vehicles may be parked in those areas
for no longer than 2 weeks.
November 16, 2000
21 -35.04 — Canopies / Temporary Car Ports and Tent / Gazebos
A. Owners of canopies / temporary car ports and tents / gazebos shall be required to
secure the above objects so as to prevent them from becoming airborne or from
leaving the property where installed, as well as keep them in a good state of
repair.
B. The below specifications are intended to be minimum only and are no indication
or guarantees of fitness for securing the temporary items covered under this
section. Quantities and sizing will vary by the size of the item being secured.
1. All tie downs must be secured to solid, immoveable objects such
as: mobile home anchors, concrete driveways, buildings, ETC or
as per manufacturer's installation instructions or engineer's
specifications.
2. All tie down leads must be a minimum of 3/16" galvanized or
stainless steel cable or a minimum of 3/8" true nylon rope, (not
polyethylene, polypropylene, or polyester) or sized as per
manufacturer's installation instructions or engineer's
specifications.
3. It is forbidden to use concrete blocks or weights of any kind as a
method of tie down because attaching weights or other moveable
objects to: canopies, temporary carports and tents / gazebos can
cause those weights to be catapulted by wind lift.
C. Canopies / temporary car ports shall be located in the driveway, immediately
parallel to the driveway, in the side yard or back yard, but at no time shall they
extend over the property line or into the public right -of -way. There shall be a
Emit of one such canopy / temporary structure in the front setback / front yard
area and shall be as far from the front property line / street as the yard size or
driveway permits. This location must not cause a safety problem. No enclosing
or side tarps will be allowed in the front setback / front yard area.
D. Tarps /tops of temporary structures shall be removed during hurricane warning
conditions.
E. Use of such canopies within the front setback/front yard, shall be limited to cover
for watercraft, automobiles, recreational vehicles, and trailers and including other
motorized vehicles.
'fir.
November 16, 2000
The City shall keep one (1) file folder with copies of any manufacturer installation
instructions or engineering specifications it receives for citizen information purposes
only. (Recommendation only not part of the Code.)
CMA