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03-09-2011 CITY OF EDGEWATER Planning and Zoning Board Wednesday, March 9, 2011 6:30 p.m. Edgewater Community Center 102 N. Riverside Drive AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES Regular meeting of February 9, 2011. 4. OLD BUSINESS- PUBLIC HEARING None at this time. 5. NEW BUSINESS- PUBLIC HEARING a. TA -1101 — The City of Edgewater, requesting amendments to Article II (Definitions) and Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the City of Edgewater Land Development Code for inclusion of definitions and permitted uses and restrictions within specific zoning districts for Internet Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios. 6. OTHER BUSINESS Election of Chairman and Vice - Chairman Pe 7. DISCUSSION ITEMS a. Development Services Director's Report b. Chairman's Report c. Agency Members' Report 8. ADJOURNMENT Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any matter considered at a meeting or hearing, that individual will need a record of the proceedings and will need to ensure that a verbatim record of the proceeding is made. The City does not prepare or provide such record. In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact City Clerk Bonnie Wenzel, 104 N. Riverside Drive, Edgewater, Florida, telephone number 386- 424 -2400 ext. 1101, 5 days prior to the meeting date. If you are hearing impaired or voice impaired, contact the relay operator at 1- 800 -955 -8771. Citizen comments are to be limited to five (5) minutes CITY OF EDGEWATER PLANNING AND ZONING BOARD INFORMATION SUMMARY CASE#TA-1101 APPLICANT/AGENT: City of Edgewater REQUESTED ACTION: Land Development Code (LDC) text amendments to Article II (Definitions) and Article III (Permitted, Conditional, Accessory, and Prohibited Uses). BACKGROUND: The proposed amendments are to Article II (Definitions) and Article III (Permitted, Conditional, Accessory, and Prohibited Uses) of the LDC for inclusion of definitions and permitted uses and restrictions within specific zoning districts for Internet Cafes, Pawn Shops and Tattoo Parlor/Body Piercing Studios. Pursuant to the goals as set forth in the City's Envision Edgewater vision project and the Comprehensive Economic Development Strategy, the above-referenced uses are more suitable in the areas referenced in the proposed amendments. OTHER MATTERS: There will be two (2) public hearings at City Council for the proposed amendment. STAFF RECOMMENDATION Staff recommends sending a favorable recommendation to City Council for the amendments to the Land Development Code. MOTION Motion to send a favorable recommendation to City Council for the amendments to the Land Development Code. G:\Planning and Zoning Board\Info Summaries\201 l\TA-1101 a Proposed Article II Amendments CLUB means a building or facilities owned or operated by a corporation, association, person or persons for a social, educational, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business and where the serving or sale of alcohol is not the primary use. COASTAL HIGH HAZARD ZONE OR AREA means the area subject to high- velocity waters caused by, but not limited to, hurricane wave wash found in Category 1 storms. CODE OF ORDINANCES means the laws, rules and regulations of the City of Edgewater which shall include, but not be limited to, the Code of Ordinances and the Land Development Code. COMMERCIAL MOBILE SERVICES means the communications Act and the FCC's rules, and include cellular telephone services regulated under Part 22 of the FCC's rules, SMR services regulated under Part 90 of the FCC's rules, and PCS regulated under Part 21 of the FCC's rules. COMMUNICATION ANTENNA means an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission(FCC). COMMUNICATION TOWER means a tower greater than 35 feet in height (including the antenna component) which supports communication (transmission or receiving) equipment. Amateur radio operators' equipment, as licensed by the FCC, shall not be deemed a communication tower. COMMUNITY WATER SYSTEM - means a public water system which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. COMPATIBILITY means a condition in which land uses or conditions can coexist in relative proximity to each other in a stable fashion over time such that no use or condition is negatively impacted directly or indirectly by another use or condition. COMPREHENSIVE PLAN means an ordinance of the City which contains the official statement of public policy for the development and/or redevelopment of the City, and which conforms to the relevant requirements of Chapter 163, Part II, F.S. and the appropriate portions of the Florida Administrative Code. COMPUTERIZED SWEEPSTAKES DEVICE means any computer, machine, game or apparatus which, upon the insertion of a coin, token, access number, magnetic card, or similar object, or upon the payment of anything of value, and which may be operated by the public generally for use as a contest of skill, entertainment or amusement, whether or not registering a score, and which provides the user with a chance to win anything of value that is not de minimis. Rev.9/08/08(Land Development Code) II-9 Machines designated for use by the State Lottery Commission are not Computerized Sweepstakes Devices for purposes of this definition. CONCEPTUAL PLAN means a preliminary presentation and attendant documentation of a proposed development project of sufficient accuracy to be used for meaningful discussion. CONCURRENCY means a finding that required public facilities and services necessary to support a proposed development are available, or will be made available concurrent with the impacts of the development. Roadways, wastewater, solid waste, drainage, potable water, open space/parks and recreation facilities and schools have or will have the necessary capacity to meet the adopted level of service standards at the time the impact of a new or expanded development occurs. Transportation facilities needed to serve new development shall be in place or under actual construction within 3 years after the local government approves a building permit or its functional equivalent that results in traffic generation. CONCURRENCY MANAGEMENT means the procedure and process that the City uses to ensure that no development order or permit is issued by the City unless the necessary concurrent public facilities are available. This means public facilities and services for which a Level of Service (LOS) must be met concurrent with the impact of development, or an acceptable deadline as mandated in the Comprehensive Plan pursuant to Chapter 163, Florida Statutes, and 9J-5.0055, Florida Administrative Codes, and shall include but may not be limited to: (a) potable water (d) recreation/open space (g) schools (b) sanitary sewer (e) solid waste (c) drainage (f) roadways CONSTRUCTION PLANS means signed and sealed drawings by an appropriate professional, and/or specifications indicating specific locations of site improvements and other similar matters. CONSTRUCTION SIGN means any sign giving the names of contractors, design professionals and lending institutions responsible for construction occurring on the same parcel. CONSTRUCTION TRAILER means a temporary office placed upon a parcel for the purpose of supervising the development of said site, and can only be installed after site plan approval and must be removed within five days of the issuance of a Certificate of Occupancy. CONDITIONAL USE means a use within a zoning district that may be permitted, pursuant to express standards and criteria, which are consistent with the Comprehensive Plan. CONTIGUOUS means lands which abut each other or are separated by streets, easements, pipelines, power lines, conduits, or rights-of-way under ownership of the petitioner, Rev. 9/08/08(Land Development Code) II-10 INTERNET CAFE means anv premises upon which any "Computerized Sweepstakes Device", as defined in this Section, is located for the use or entertainment of the public. whether or not such premises has other business purposes of any nature whatsoever. JUNKYARD see "Salvage Yards." KENNEL means any place of business where dogs or cats regardless of number are kept for sale, breeding, boarding or treatment purposes, except an animal hospital, grooming facility or pet shop. The term "kennel" shall include any premises used for residential purposes where five (5) or more dogs or cats four (4) months or older are kept, harbored or maintained for monetary compensation. LAND PLANNING AGENCY means the Planning and Zoning Board as designated pursuant to the requirements of Chapter 163.3174, F.S. LANDMARK in regards to Historic Preservation means a building or structure meeting one or more of the criteria required in Article XIV of this Code. A "landmark" shall include the location of significant archeological structures, features or of an historical event. LANDMARK SITE in regards to Historic Preservation means the land on which a landmark and related buildings and structures are located and the land that provides the grounds, the premises or the settings for the landmark. LATTICE TOWER means a telecommunication tower that is constructed without guy wires and ground anchors. LEVEL OF SERVICE STANDARD (LOS) means the volume of capacity per unit of demand for certain public facilities as adopted in the Comprehensive Plan. LITTER means any garbage, rubbish, trash, refuse, cans, bottles, boxes, container paper, tobacco products, tires, appliances, electronic equipment, mechanical equipment or parts, building or construction material, tools, machinery, wood, motor vehicles or motor vehicle parts, vessels, aircraft, farm machinery or equipment, sludge from a water treatment facility, water treatment plant or pollution control facility; or substances in any form resulting from domestic, industrial, commercial, mining, agriculture or governmental operations as defined in Chapter 403.413, F.S. LIVING AREA means space in a structure in which the air is conditioned by heating and/or air conditioning and the space is habitable and enclosed. LOADING SPACE means a space within, or adjacent to, the main building on a lot providing for the standing, loading or unloading of trucks. Rev.9/08/08(Land Development Code) II-19 OFFICIAL MAP means the map established by the City Council as amended from time to time showing the streets, highways and parks thereafter laid out, adopted and established by the law and any additions resulting from the approval of subdivision plans or annexations. OPEN SPACE means any parcel or area of land or water set aside, reserved or dedicated for the use and enjoyment of all owners and occupants of the project. Usable common space shall include area(s) readily accessible and generally acceptable for active or passive recreational use. Open space shall not include required setback areas, contain structures, impervious surfaces, or right-of-ways other than those intended for landscape or recreational purposes. OUTSTANDING FLORIDA WATERS (OFW) means special designation by the FDEP, for waters worthy of special protection because of their natural attributes, pursuant to the criteria set forth in Section 17-3.041 of the Florida Administrative Code. The eastern border of the City of Edgewater along the Intracoastal Waterway also referred to as the Mosquito Lagoon, an aquatic preserve, is considered an OFW. OWNER means any person, partnership, corporation or corporations, or other legal entity having legal title to the land sought to be subdivided or developed under this Code. PANEL ANTENNA means an array of antennas designed to concentrate a radio signal in a particular area. PAWN SHOP means an establishment that engages, in whole or in part. in the business of loaning money on the security of pledges of personal property, or deposits or conditional sales of personal property, or the purchase or sale of personal property. PENNANTS shall include the terms "ribbons" and "streamers" and shall mean pieces of cloth, flexible plastic or other flexible material intended to attract attention because of their bright colors and/or flapping caused by action of the wind and shall include a single pennant, ribbon or streamer or a series of such pennants, ribbons or streamers. 100 PERCENT CLEAR ZONE means the requirement that in the event of a tower failure, the entire height of the tower would fall completely within the boundaries of the subject parcel. PERMANENT CONSTRUCTION shall mean designed, constructed and intended to be used for more than 180 days, but does not include land preparation, such as clearing, grading and filling. PERMANENT STRUCTURE means a building designed, and constructed from the ground up, meeting all building code and fire protection standards and intended to be used for more than 180 days, but does not include land preparation, such as clearing, grading, and filling. Rev. 9/08/08(Land Development Code) II-25 SURVEYOR means a land surveyor duly registered in the State of Florida. SWALE means a man-made trench or channel approximately 1-foot deep or less and having side slopes equal to or greater than 4-foot horizontal to 1-foot vertical. SWIMMING POOL means a body of water in an artificial or semi-public or private swimming setting or other water-related recreational activity intended for the use and enjoyment by adults and/or children, whether or not any charge or fee is imposed upon such adults or children, operated and maintained by any person, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool. This definition shall include whirlpools, spas, and hot tubs unless separately identified and shall exclude 110-volt plug-in Jacuzzi/hot tubs. SWIMMING POOL, COMMERCIAL means a swimming pool and attendant equipment operated for profit or nonprofit open to the public and/or serving more than one family. TATTOO PARLOR/BODY- PIERCING STUDIO means an establishment whose principal business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following: a) The placing of designs, letters, figures, symbols or other marks upon or under the skin of any person, using ink or other substances which result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin. b) The creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration. This term does not include a permanent makeup establishment. TELECOMMUNICATIONS means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content. TELECOMMUNICATION CARRIER means any provider of telecommunications services, except that such term does not include aggregators of telecommunications services. A telecommunications carrier shall be treated as a common carrier only to the extent that it is engaged in providing telecommunications services, except that the FCC shall determine whether the provision of fixed and mobile satellite services shall be treated as common carriage. TELECOMMUNICATIONS EQUIPMENT means equipment, other than customer premises equipment, used by a carrier to provide telecommunications services, and includes software integral to such equipment(including upgrades). TELECOMMUNICATION SERVICES means the offering of telecommunications for Rev.9/08/08(Land Development Code) II-33 Proposed Article III Amendments V V U U U u u U U U U U V U U 0 0 0 0 0 U U U U U U U W a. a. fljflU ENIA 4„uiflU ,,,©©,fl„© 10111101111111111101 O U W 110 a i M I es1 m 4 OA W � v w �' z z (4 p 11110 00 — ;E:1 0 1. a cliii, iluuuluiuuiiliiiuii u u 3 O , , _ , , ,,,_, ,- ___ r,-, ,--71 C;--.0 v 8 > N y Cv G _ O 0 v S V Gib ° .+ ,- N N co = U (E. .1 ? A . u , o v L. . Ci - I v U O m H �- � � ,o � I y � vi 2-, � � u i¢ h -u ° � o �, u. z v> 5 0 o W cn c n m CA o F- u o Vo u 2 . _ t '6 0 O - a ° u 3 0 U c o o � Z v v 2[:7 - u — E `o a c E s o _ o , o j S = . a 5 5 5 5 5 2 O O a o. n. E U U U U U U U U U U U Q U U U U U U U U U U U U < U U U U U 14 C. `n a < a a U U a ay U U a U U U U U Q U U U U U a U r' U a. U U a U < U a U a a U ,_, U a. 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U ` 2 0 0 w, -o o c C7 0 >- CI I I on c a E E ` o v U 0 c c c = c m m 0 _ _ 0 a E E "' u.I o 0 0 0 0 0 0 0 0 0 on ._ m O o 0 CI 4.i E 0 "0 -0 -0 -o v_ 7o 'o_ 0 - 0 = 0 o a. u x U U 1 t r o > v ` re cL c4 a0' rL c4 cL K K c4 4G rx a4 v) rn rn c v "--r�. F H F H TABLE III-3 FOOTNOTES The sections cited below identify special requirements for the listed land uses and are found on the following pages. In addition, many of the proposed projects must also comply with the requirements of Article IV — Natural Resource Protection, Article V — Site Design Criteria, Article VI — Signs and Article XVIII - Indian River Boulevard — S.R. 442 Corridor Design Regulations. 1. See Satellite Dishes, Section 21-36.04 — Dishes greater than 39 centimeters in diameter are required to obtain a building permit and otherwise conform to the site development criteria. 2. See Telecommunications, Article XII for details. 3. See Bed & Breakfast, Section 21-34.08 for details. 4. See Kennels/Boarding, Section 21-34.06 for details. 5. See Mini-Warehouses, Section 21-34.07 for details. 6. See Nursing Homes, Section 21-34.09 for details. 7. See Outdoor Storage, Section 21-34.04 and 21-36.03 for details. 8. See Community Residential Homes, Section 21-34.02 for details. 9. Limited to 6, or less, residents and no closer than 1000 feet to another Family Residential Home. 10. See Institutional Residential Homes, Section 21-34.03 for details. 11. Multifamily residential is permitted in BPUD only as part of a single business/residential development plan—See Article V, Section 21-57 for details. 12. See Salvage Yards, Section 21-34.04 for details. 13. Residential Professional offices may be permitted as a conditional use in the R-2 district for certain properties abutting State Road #442. See Section 21-34.10 for details. Rev 10/18/10(LandDevelopmentCode) *12/10 III-11 14. No artificial lights or recreational activity within 25 feet of the perimeter of the property line shall be permitted adjacent to residential property. 15. Places of Worship—Schools/Child Care, see Section 21-36.05 for details. 16. Attached and detached aircraft hangars permitted in residential districts adjacent to airport taxiways. 17. Outside application of flammable finishes and/or environmentally sensitive finishes (spray painting) is strictly prohibited. 18. State license required. 19. Mining/Excavation is defined as the exploration for or extraction of surface or subterranean compounds; which shall include oil and gas exploration and production, and the mining of metallic and non-metallic minerals, sand, gravel, fill dirt, and rock. 20. Adult Entertainment is permitted in the I-1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. 21. Internet Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios are permitted in the I-1 (Light Industrial) zoning district with the exception of properties with frontage on Park Avenue. a. No person or entity shall propose, cause or permit the operation of, or enlargement of Internet Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios that would or will be located within, 1,000 feet of a preexisting Internet Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios, within 500 feet of a preexisting commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption, within 500 feet of a preexisting religious institution, within 500 feet of a preexisting park, or within 2,500 feet of a preexisting educational institution. In this subsection the term "enlargement" includes, but is not limited to. increasing the floor size of the establishment by more than ten percent. b. In addition to the distance requirements set forth in the subsection above, Internet Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios shall not be allowed to open anywhere except in the I-1 district (with the exception of parcels having frontage on Park Avenue) where Internet Cafes, Pawn Shops and Tattoo Parlors/Body Piercing Studios are an expressly permitted use. c. The aforementioned distance requirements are independent of and do not supersede the distance requirements for alcoholic beverage establishments which may be contained in other laws, rules, ordinances or regulations. 20. Rev 10/18/10(LandDevelopmentCode) *12/10 III-12