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12-16-2002 - Workshop ....... ....., CITY COUNCIL OF EDGEWATER WORKSHOP DECEMBER 16, 2002 6:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Workshop to order at 6:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Myron Hammond Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Paralegal Robin Matusick Present Excused Arrived at 6:02 p.m. Present Arrived at 6:05 p.m. Present Present Present MEE TING PURPOSE The purpose of the Workshop was to discuss amendments to the Land Development Code. City Manager Hooper made a staff presentation regarding the history of the Land Development Code. Chief Planner Darren Lear made a Powerpoint presentation regarding comments made by the City Clerk Department. Fire Department/Code Compliance, Environmental Services and the Building Department as well as the Planning and Zoning Board, Public Comments and Miscellaneous Major and Minor Changes. (Attached) City Manager Hooper explained to Council staff's suggestion to include untagged vehicles under Section 21-34.04. The Ad Hoc Committee was opposed to this. He also spoke about including untagged vehicles making it easier to enforce. Staff had the strongest opinion that this item should be modified. There was a brief discussion regarding who served on the Ad Hoc Committee. ...... ..., Mr. Lear continued his presentation with comments from the Fire Department/Code Compliance with regard to Article VI - Sign Regulations. There was a discussion of comments made by Joe Martin with regard to taking out wheelstops. This is due to liability issues and other municipalities that have been sued. Councilwoman Lichter expressed concern with speed bumps. Councilwoman Rhodes suggested having the people that own the wheelstops keep them in good repair. Mr. Lear continued his presentation with the comments made by Joe Martin with regard to Article V - Proposed addition to footnote 3, Table V-5. There was further discussion regarding having a 50-foot buffer when you are adjacent to residential zoning. Mr. Lear then went over the Major Changes they are proposing. There was a discussion regarding restricting any development or redevelopment east of Riverside Drive to 16 feet in height and of having enough room for an attic or a loft. Mr. Lear then continued his presentation with regard to Section 21-51.02 under Article V - Site Design Criteria under Major Changes. Mayor Schmidt stated knowing we may have one shortly, how does that play with him. City Manager Hooper commented on what they have been telling people coming in for a pre-application with regard to having a Planned Unit Development. Mr. Lear then went over Article VII - Non Conforming Uses with regard to Section 21-71. He presented a scenario of a gentleman on Sanchez Avenue that isn't able to refinance due to this particular section. There was a discussion regarding a general waiver with regard to this Section. Anything built before this Code was changed would be grandfathered and could be reconstructed no larger than it is today. The General Waiver is for gO-days as of December 16, 2002 with termination on March 16, 2003 and until this is put into the Code and gets adopted. Page -2- Council Workshop December 16, 2002 '-" ...., Chris Burr, 107 Sanchez Avenue, further explained his situation with regard to not being able to refinance. He then mentioned not being easy to create all of the Codes and make everyone happy. Mr. Lear then went over the suggested Minor Changes. City Manager Hooper informed Council this will be coming back at the January 6th meeting for the first reading of the ordinance. There was a discussion regarding requiring all masonry block walls to have stucco on both sides. This is just a recommendation of the Planning & Zoning Board. City Manager Hooper sees no need to change this. Mayor Schmidt recognized Ms. Harris. Noritta Harris, 2425 Orange Tree Drive, spoke about abandoned vehicles. She spoke about when she owned a mobile home park and issuing different things to their tenants regarding vehicles being parked on mobile home lots that did not have tags. She contacted Code Enforcement and they came out and told the people to cover up the car and that she would never know the difference. She spoke of the vehicles in Florida Shores with covers on them that nobody is doing anything about. She feels covered vehicles also need to be included in the ordinance. City Manager Hooper elaborated on what Ms. Harris was describing being one issue the Ad Hoc Committee looked at. This was a big issue with restoration vehicles. The answer was if you cover it and shield it from view you can put pretty much what you want in your front yard. That has been the consensus. In Florida Shores where there isn't a mandatory homeowner's association, that has been the consensus that that is what they want to continue to do. Councilwoman Rhodes asked if she was right regarding when you have an untagged vehicle and you throw a cover over it, the Code Enforcement Officers can not lift up the cover. City Manager Hooper informed her that is correct. Mr. Burr questioned selling his home and whoever purchasing the home being able to still have use of the home. Mr. Lear informed him it will run with the property. Page -3- Council Workshop December 16, 2002 ...... .."" City Manager Hooper informed Council their plan is to advertise. The Council will have two public hearings. He feels they have had plenty of public comment. This is consistent with surrounding areas and the County. They will clean up the language and present this on January 6th. Mayor Schmidt expressed concern with someone getting hurt at his place of business. ADJOURNMENT Due to there being no further comments, Mayor Schmidt recessed the meeting until the Regular Meeting to be held at 7:00 p.m. The meeting recessed at 6:40 p.m. Minutes submitted by: Lisa Bloomer Page -4- Council Workshop December 16, 2002 .... '-" land Development Code Revisions 2002-2003 City Clerk Article III - Permitted, Conditional, Accessory and Prohibited Uses · Table 111-3 - Add Funeral Home and Crematorium as Uses. · 21-34.06(h) -Add - "These permits shall be Issued by the City Clerk's office."(visitors are permitted to reside In a motor home for a maximum of 2 weeks with permit) .. Planning & Zoning Board Comments . Article V - Include an impervious surface maximum for all properties. · Article III - All masonry block walls should have stucco on both sides. · Article IX - 21-93.04 - Site Plan approval extension to be granted by the TRC. Article 11- Definitions · "Mobile Vendor" -Add- "Proof of Inspection by the State or Florida Depl of Motor Vehicles Is requ/recl." · "Mlnl-Warehouse" - Change to rud . means a structure, or structures In a controlled aeeell and fenced compound that contains varying sizes of Individual cUmafa controlled compartmentalized and controlled access stalls or lookers without water, sewer or electric connections for the dead storage or customers' goods or wa,... Fire Department/Code Compliance 1 V", <#(4 '-" Article VIII - Administration . Section 21-87 Construction Regulation Board _ Rename to .Construction Board of Adjustments and Appeals., reference the Florida Building Code and remove Sections 21-87.02;.03;.04;. And 05. Joe Martin, Economic Development Board Member · Article v, SecIlon 21-54.03(b) -add -1. Concrete Curbs, WheeIsIops. Bollards, and Landscape Timbers. For landscape areas contiguous to vehicle traffoo 1Ireas. concrete curbing ill the pref8lTed method of IsoIa11ng the area from vehicle encroachment. However, K ill recognized that sKe conditions such as slormwater system design, designing for future aKe flexibility, and project -.nomics may dictate other methods of isolation. If any. When aKe conditions, sMe flexibility, and project economics do not dictate aKemativee 10 concrete curbs, the design professional is _raged to specify concrete curbs. · Use of concrete curbs, wheelstops, boIIards, and landscape timbers In lIf'II8S of vehicular tratfic Ilnd periling subjected to ped8lllrilln tratfic 18 discouraged. In landscaped Ilreas subjected to WIllk-through pedestrian 1rIlIlic, use of hedge fonning plan" to dlrect pedestrians to walk-through areas is encouraged. Major Changes ....." . Article V - Proposed addition to footnote 3, Table V-5 (3) 50-feet when adjacent to residential zoning. If the residential zoning is due to a rezoning request, then the 50-foot buffer requirement shall run with the land that was rezoned to residential, not the contiguous non-resldential land. Article III - Pennitted, Conditional, Accessory and Prohibited Uses . Table 11I-3 - Proposed residential uses removed from all Commercial zones. 3 """ Article V - Site Design Criteria · Section 21-50.02 - Table V-1 Footnotes - #16- Any development/redevelopment east of Riverside Drive is restricted to 16-feet in height measured from the Finished Floor Elevation. · Section 21-51.02 - Add (j) - Any parcel with frontage on S.R. 442 (Indian River Blvd.) west of the Florida Shores Subdivision must be rezoned to a P.U.D. (Planned Unit Development) prior to any development. · Code EnforcellMnt changed to Code Compliance. · ut111tles Director changed to Director of Envlronmental ServIces. · Ute Safety Code chenged to FIortcla Fire Prevention Codes. · standard BuIlding Code changed to Florida BuIlding Code. · All Street Design Standards have been moved to Article V. · Conaumng Engineer's comments on Street Design Standards. · Mlac:elleneous typos heye been corrected. ".- .""", Article VII- Non-Conformlng Uses . Section 21-71 - Staff recommendation- existing single family structures considered non-conforming, but permitted prior to July 10, 2000, may restore damaged or destroyed buildings, not to exceed existing footprint (prior to the damage or destruction). 4 ~ Article 11- Definitions · "Mobile Vendor" - remove the word "food" so this definition would Include all vendors. · "Construction Trailer" - State that trailer must be removed upon Issuance of C.O. · "Kennels" - Change number of animals from four (4) to five (5) per the current Animal Control Ordinance. Article VI -8lgn Regulations · VI-2, 21-60.02 - Combine items a & e to read- All signs permitted after February 1, 1997, shall permanently affix a weather resistant label that includes the name and address of the company or person installing any sign and the name and address of the company or person mai~taining any sign, the date of erection and the voltage of any electrical apparatus. Article V - Site Design Criteria · SecUon 21-11.02 General Requirements - add Item "k" - "All development shall be required to comply with the Standard Construction Details concerning Roads, Storm Drainage, Sewer, Water, Reclaimed Water, etc., or the City of Edgewater". . 21-13.05 - Site Attenuation Standards - last sentence of first paragraph should continue... readable signature of a professional engineer registered to conduct business In the State of Florida. ,- .... ..", Article 111- Permitted, Conditional, Accessory and Prohibited Uses . Section 21-34.04 - "Inoperable, Abandoned, and/or Wrecked Vehicles" - Include untagged vehicles. Environmental Services Building Department 2