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2014 10 13 Public Hearing 502 First Reading of Ordinance 2014-24, Text Amendment to Section 6-87 Temporary Storage Structures COMMISSION AGENDA Informational Consent ITEM 502 Public Hearin s X g Regular October 13, 2014 KS RS Regular Meeting City Manager Department REQUEST: The Community Development Department — Planning Division requests the City Commission consider first reading of Ordinance 2014-24, which proposes to amend Section 6-87- Temporary Storage Structures. SYNOPSIS: Section 6-87 limits the time period for permits that are issued for the use of temporary storage structures that are utilized for the storage of building materials and household goods that are not intended for permanent installation to a maximum of 72 consecutive hours. Ordinance 2014-24 proposes a text amendment to Section 6-87 of the Code of Ordinances to permit the use of temporary storage structures for more than 72 consecutive hours during the holiday season by a licensed commercial delivery service in concert with Section 316.2126 (3)(b), Florida Statutes which allows the delivery of packages utilizing golf carts from midnight October 15 until midnight January 31 of each year. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: . Abblicant name and address and authorized re�resentative: City of Winter Springs, 1126 East State Road 434, Winter Springs, FL 32708. . Property owner's name(s): Not applicable . Property addresses: Not applicable Public Hearings 502 PAGE 1 OF 3-October 13,2014 . Property Parcel ID numbers: Not applicable . Current FLUM Desi na� tions: Not applicable . Current Zonin�Desi�nations: Not applicable . Previousl� A�roved Develo�ment �ermits such as conditional use. waiver. or variance (if any): Not applicable . Develo�ment Agreements (if an�: Not applicable . Pendin� Code Enforcement Actions (if any�: Not applicable . Cit�Liens if an�l: Not applicable APPLICABLE LAW, PUBLIC POLICY, AND EVENTS Florida Statutes 163.2511-163.3246: (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Florida Statute 166.041 Procedures for adoption of ordinances and resolutions. Florida Statute 316.2126 Winter Springs Charter Article IV. Governing Body. Section 4.06. General powers and duties. Section 4.15. Ordinances in General. City of Winter Springs Comprehensive Plan Winter Springs Code of Ordinances, Chapter 6 Building and Building Regulations, Section 6-87 - Temporary Storage Structures DISCUS SION: Recently, the City was approached by UPS for permission to utilize golf carts for package delivery in residential areas of the City during the holiday season. According to UPS, packages that are intended for delivery are stored in temporary storage structures located behind buildings on commercial properties that are adjacent to targeted residential areas for delivery during the holiday season. Packages are delivered to the temporary storage structures in a standard UPS delivery truck, and are stored in the temporary storage structure prior to delivery. Delivery drivers utilizing golf carts retrieve packages from the temporary storage structures, and deliver packages in the targeted residential areas on golf carts. At the end of the business day, the golf carts are stored in the temporary storage structures. Section 6-87 of the Code of Ordinances limits the time period for permits that are issued for the use of temporary storage structures that are utilized for the storage of building materials and household goods that are not intended for permanent installation to a maximum of 72 consecutive hours. In order to permit UPS and other commercial package delivery services to store packages in the temporary storage structures for the holiday season, Ordinance 2014-24 proposes a text amendment to Section 6-87 of the Code of Ordinances to permit the use of temporary storage structures for more than 72 consecutive hours during the holiday season. UPS has requested a date range of October 15 through January 31 to permit the use of temporary storage structures for this program. A permit, in accordance with existing City codes, will be required to be obtained prior to the placement of the temporary storage structures on properties in the City. Per Section 12-72 (a) of the Code of Ordinances, golf carts are permitted to be driven on any public roadway within the City limits where the posted speed limit is thirty (30) miles Public Hearings 502 PAGE 2 OF 3-October 13,2014 per hour or less. Section 12-73 (a)limits the hours of operation of golf carts between sunrise and sunset. Additionally, Section 12-75 requires golf carts to be registered with and inspected by the Police Department. Florida Statute 316.2126 (3)(b) permits seasonal delivery personnel to use golf carts on public roads within a residential area with a posted speed limit of thirty (30) miles per hour or less. Florida Statute 316.2126 (3)(c) permits seasonal delivery personnel to pull a trailer from a golf cart provided the vehicles are marked in a conspicuous manner with the name of the delivery service, equipped with efficient brakes, reliable steering apparatus, safe tires, a rearview mirror, red reflectorized warning devices in both the front and rear, and are equipped with head lamps and tail lamps if they are operated after sunset. FISCAL IMPACT: There is no indirect fiscal impact associated with this agenda item other than the fees for registration of the golf carts and the permits for placement of the temporary storage units. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. RECOMMENDATION: Community Development Staff and the Planning & Zoning Board recommend approval of first reading of Ordinance 2014-24, which proposes to amend Section 6-87-Temporary Storage Structures to allow temporary storage structures to be placed for periods longer than 72 hours during the period from midnight October 15 until midnight January 31 of each year and move said ordinance forward to Second and final reading. This time period coincides with the seasonal delivery time identified in Section 316.2126 (3)(b), Florida Statutes. ATTACHMENTS: A. Ordinance 2014-24 B. Code of Ordinances - Chapter 12, Division 3 - Operation of golf carts C. Florida Statute 316.2126 D. Minutes - October 1, 2014 Planning & Zoning Board meeting Public Hearings 502 PAGE 3 OF 3-October 13,2014 Attachment "A" ORDINANCE NO. 2014-24 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 6-87 OF THE CITY CODE REGARDING THE REGULATION OF TEMPORARY STORAGE STRUCTURES; PERMITTING TEMPORARY STORAGE STRUCTURES TO BE USED FOR EXTENDED TIME PERIODS FOR SEASONAL DELIVERY PURPOSES ON PROPERTY CONTAINING A COMMERCIAL USE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 316.2126(3)(a), Florida Statutes, authorizes the use of golf carts by seasonal delivery personnel for the purpose of delivering express envelopes and packages from midnight on October 15�' until midnight of January 31�t of each year; and WHEREAS, the City Commission desires to permit, on properties currently containing a commercial use, certain temporary storage structures used in connection with seasonal deliveries from October 15t'' through January 31�t in accordance with Florida law and in accordance with the guidelines set forth in section 6-87 of the City Code; and WHEREAS, the City Commission of the City of Winter Springs,Florida,hereby finds this ordinance to be in the best interests of the public health,safety,and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Section 6-87 is hereby amended as follows(underlined type indicates additions and�orrt type indicates deletions,while asterisks(***)indicate a deletion from the Ordinance of text existing in Section 6-87. It is intended that the text in Section 6-87 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this ordinance): City of Winter Springs Ordinance No.2014-24 Page 1 of 3 Sec. 6-87. Temporar s�ge structures. (a) Definition: For purposes of this section, "temporary storage structure" shall mean a structure designed and usedprimarily for storage ofbuilding materials,household goods,and other such material; and that is not intended for permanent installation. (b)A supplier of a temporary storage structure shall obtain a permit issued by the building department prior to supplying and installing or allowing to be installed a temporary storage structure within the City of Winter Springs.The permit shall be limited to a specific address and shall allow the installation at such address for a maximum of seventy-two (72) consecutive hours.Permits shall also be limited to a maximum of two(2)per any twelve(12) month period for any specific address.A permit fee shall be required by resolution of the city commission and collected by the city.The permit shall contain the date and time of issuance, the name of the person to whom the temporary storage structure is supplied, and the address at which the temporary storage structure will be installed. Notwithstanding the foregoing seventy-two hour time limit, the City may permit the use of a temporary storage structure, on a property that currently contains a commercial use, for the entire time period beginning October 15 and ending January 31 of the immediately following calendar year if such temporary storage structure is used to store seasonal deliveries and golf carts utilized by seasonal delivery personnel as authorized by section 316.2126(3)(a) Florida Statutes. (c) In the event of a tropical storm or hurricane watch issued by the National Weather Service, the city shall have the right to order the supplier to remove the temporary storage structure by providing the supplier at least twenty-four(24)hours notice of removal. In the event of a tropical storm or hurricane warning issued by the National Weather Service, the temporary storage structure shall be immediately removed by the supplier after the warning being issued.In such situations,the city shall have the right to enter the property and remove the temporary storage structure if the supplier does not remove the temporary storage structure as required by this subsection. The supplier shall be liable for all removal costs incurred by the city and failure to pay said costs, upon demand by the city, shall constitute a code violation and shall result in a lien being imposed pursuant to Chapter 162, Florida Statutes, in the amount of said costs. (d) For good cause shown by the owner of the property at which the temporary storage structure will be supplied,the time periods set forth in subparagraph(b)may be extended by the city manager. The duration of the extension shall be reasonably related and proportionate to the cause shown, but shall not exceed more than thirty (30) days per extension. Good cause being limited to emergencies and situations where there exists a reasonable risk or threat to life and property damage. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission,or parts ofprior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. City of Winter Springs Ordinance No.2014-24 Page 2 of 3 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical,typographical,and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of , 2014. CHARLES LACEY, Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY. ANTHONY A. GARGANESE City Attorney First Reading: Second Reading: Effective Date: City of Winter Springs Ordinance No.2014-24 Page 3 of 3 Winter Springs, FL Code of Ordinances Page 1 of 3 Attachment " B " ARTICLE III. - REGULATIONS DIVISION 3. - OPERATION OF GOLF CARTS Sec. 12-71. - Definitions. For purposes of this division, the following words and phrases shall have the following ascribed meaning: (a) Golfcartmeans a motor vehicle that is designed and manufactured for operation on a golf course for sporting or recreational purposes. (b) Designated roadways means those roads identified by the ciry as being safe for operation of golf carts in accordance with all requirements for operation set forth in this division. (c) Drivers license means a valid license issued to operate a motor vehicle issued by the State of Florida or any other state. (d) lnspectionshall mean a safery evaluation of each registered golf cart by the Winter Springs Police Department confirming that the golf cart meets the minimum requirements of this division. (Ord. No.2009-11,�2, 7-27-09) Sec. 12-72. - Use of golf carts on designated roadways. Golf carts meeting all requirements of this division may be operated as follows: (a) Golf carts may be operated on any public roadway within the ciry limits of the City of Winter Springs where the posted speed limit is thirry(30) miles per hour or less. The ciry shall provide signage on designated roadways where golf carts may be operated. (b) Golf carts shall not be operated on private property, unless authorized by the properry owner, or on sidewalks, bicycle paths, swales, or trails. Golf carts shall not be operated on any roadway where the designated speed limit is greater than thirty(30) miles per hour, or on any state or counry roadway, except to cross at designated intersections for the purpose of immediately reaching the next designated roadway. (Ord. No.2009-11,�2, 7-27-09) Sec. 12-73. - Restrictions. Golf carts operating on designated roadways shall be subject to the following restrictions: (a) Hours ofoperation. Golf carts may be operated on designated roadways only during the hours between sunrise and sunset. The ciry commission may, by resolution, temporarily authorize the operation of golf carts on designated roadways between sunset and sunrise as long as the golf carts operating during this time are equipped with headlights, brake lights, turn signals, and a windshield. (b) Licensed driver. Golf carts operating on designated roadways must be operated by a person who is at least sixteen (16)years of age, and who possesses a valid driver's license. Persons who about:blank 9/26/2014 Winter Springs, FL Code of Ordinances Page 2 of 3 possess a valid learner's permit may operate a golf cart on designated roadways when accompanied by a licensed driver of at least eighteen (18)years of age. (c) Maximum speed. Golf carts operating on designated roadways shall not exceed twenry(20) miles per hour. (d) Compliance with trafficlaws. Golf carts shall be operated in accordance with all applicable local and state traffic regulations. Golf carts shall stay to the far right of any designated roadway, and shall yield the right of way to overtaking drivers. Golf carts shall not obstruct or impede normal traffic flow. (e) Occupants.The number of occupants in a golf cart operated on designated roadways shall be limited to the number of seats on the golf cart. No occupants of a golf cart shall stand at any time while the golf cart is in motion. (fi� Alcoho%All state regulations governing the use and possession of alcoholic beverages while operating a motor vehicle shall apply to the operation of golf carts on designated roadways. (Ord. No.2009-11,�2, 7-27-09) Sec. 12-74. - Required equipment. All golf carts operated on designated roadways shall maintain the following equipment in good working order: (a) Efficient brakes; (b) Reliable steering apparatus; (c) Safe ti res; (d) Rearview mirrors; (e) Red reflectorized warning devices, both in the front and the rear; (fi� Headlights; (g) Brake lights; (h) Horn. (Ord. No.2009-11,�2, 7-27-09) Sec. 12-75. - Inspection and registration of golf carts required. All golf carts operating on designated roadways in the Ciry of Winter Springs shall be registered and inspected as follows: (a) Golf carts shall be registered by the owner of the golf cart on a form prescribed by the police chief or the police chief's designee.The owner shall pay an annual registration fee of ten dollars ($10.00), and shall be issued a registration decal which shall be affixed to the golf cart. Decals shall be issued annually, and are valid from July 1 st of each year. (b) Prior to issuance of a registration decal, golf cart owners shall be required to provide proof of about:blank 9/26/2014 Winter Springs, FL Code of Ordinances Page 3 of 3 ownership and liability insurance, a valid driver's license and sign an affidavit of compliance. (c) At the time of registration, the police department shall inspect the golf cart to ensure the required equipment is installed and working properly. In the event the golf cart fails inspection, each additional inspection shall be five dollars ($5.00). (d) Lost or stolen registration decals are the responsibiliry of the golf cart owner. A police report shall be filed in the event of a lost or stolen decal. The police chief or the police chief's designee shall have the discretion to determine whether a replacement decal may be issued. If no existing registration information is available, the police chief may direct the golf cart owner to reapply and to repay any required fees prior to a replacement decal being issued. (Ord. No.2009-11,�2, 7-27-09) Sec. 12-76. - Insurance required. All golf cart owners are required to purchase and maintain liabiliry insurance insuring against personal injury and properry damage. Minimum required insurance shall be the same as for motor vehicles registered in the State of Florida for personal use and as designated by Florida Statutes. Proof of insurance must be presented at time of golf cart registration, and must be possessed at all times by the golf cart operator while operating the golf cart on designated roadways. (Ord. No.2009-11,�2, 7-27-09) Sec. 12-77. - Enforcement. Aviolation of this division shall constitute a non-criminal infraction enforceable either as a code violation to be prosecuted by the Code Enforcement Board, or shall be classified as a Class I Civil Citation Violation. Uniform Traffic Citations shall only be used for violations that are also violations of the Florida Uniform Traffic Control Law. (Ord. No.2009-11,�2, 7-27-09) about:blank 9/26/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Attachment " C " Select Year: 2014�I Go I The 2oi4 Florida Statutes Title XXIII Chapter 316 View Entire Chapter MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.2126 Authorized use of golf carts, low-speed vehicles, and utility vehicles.— (1) In addition to the powers granted by ss. 316.212 and 316.2125, municipalities are authorized to use golf carts and utility vehicles, as defined in s. 320.01, upon any state, county, or municipal roads located within the corporate limits of such municipalities, subject to the following conditions: (a) Golf carts and utility vehicles must comply with the operational and safety requirements in ss. 316.212 and 316.2125, and with any more restrictive ordinances enacted by the local governmental entity pursuant to s. 316.212(8), and shall be operated only by municipal employees for municipal purposes, including, but not limited to, police patrol, traffic enforcement, and inspection of public facilities. (b) In addition to the safety equipment required in s. 316.212(6) and any more restrictive safety equipment required by the local governmental entity pursuant to s. 316.212(8), such golf carts and utility vehicles must be equipped with sufficient lighting and turn signal equipment. (c) Golf carts and utility vehicles may be operated only on state roads that have a posted speed limit of 30 miles per hour or less. (d) Golf carts and utility vehicles may cross a portion of the State Highway System which has a posted speed limit of 45 miles per hour or less only at an intersection with an official traffic control device. (e) Golf carts and utility vehicles may operate on sidewalks adjacent to state highways only if such golf carts and utility vehicles yield to pedestrians and if the sidewalks are at least 5 feet wide. (2) State employees, state park volunteers, and state park visitors are authorized to use golf carts and utility vehicles, as defined in s. 320.01, upon any public roads within the boundaries of state parks managed by the Division of Recreation and Parks of the Department of Environmental Protection, subject to the following conditions: (a) Golf carts and utility vehicles must comply with the operational and safety requirements in s. 316.212. (b) Golf carts and utility vehicles shall be operated only by state employees and state park volunteers for state purposes and by state park visitors for uses authorized by the Division of Recreation and Parks of the Department of Environmental Protection. (3)(a) As used in this subsection, the term: 1. "Golf cart" means a motor vehicle as defined in s. 320.01(22), including vehicles modified to have a cargo platform or bin to transport parcels or a hitch to tow a trailer. 2. "Residential area" means areas zoned primarily or exclusively for single-family or multifamily residential use. 3. "Seasonal delivery personnel" means employees of a licensed commercial delivery service that has at least 10,000 persons employed in this state. http://www.leg.state.fl.us/STATUTES/index.cfm?App mode=Display Statute&Search St... 9/26/2014 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 (b) Seasonal delivery personnel may use the following vehicles solely for the purpose of delivering express envelopes and packages having a maximum size of 130 inches for the combined length and girth and weighing not more than 150 pounds from midnight October 15 until midnight January 31 of each year: 1. Low-speed vehicles and utility vehicles as defined in s. 320.01 upon any public road within a residential area that has a posted speed limit of 35 miles per hour or less. 2. Golf carts upon a public road within a residential area that has a posted speed limit of 30 miles per hour or less. 3. Golf carts upon a public road within a residential area that has a posted speed limit of 30 to 35 miles per hour, unless a municipality having jurisdiction over the public road has enacted an ordinance restricting personnel from driving on such roads. Seasonal delivery personnel may pull a trailer from any of these vehicles. (c) All vehicles specified in this subsection must be: 1. Marked in a conspicuous manner with the name of the delivery service. 2. Equipped with, at a minimum, the equipment required under s. 316.212(6). 3. Equipped with head lamps and tail lamps, in addition to the safety requirements in s. 316.212(6), if operated after sunset. (4) Anyone operating a golf cart, low-speed vehicle, or utility vehicle pursuant to this section must possess a valid driver license as required by s. 322.03. History.—s. 5, ch. 96-413; s. 90, ch. 99-13; s. 4, ch. 99-163; s. 169, ch. 99-248; s. 7, ch. 2005-164; s. 5, ch. 2008-98; s. 1, ch. 2009-208; s. 8, ch. 2012-181; s. 12, ch. 2014-216. Copyright O 1995-2014 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/STATUTES/index.cfm?App mode=Display Statute&Search St... 9/26/2014 Attachment " D " CITY OF WINTER SPRINC'rS,FLORIDA DRAFT MINL3TES PI.ANNING AND ZONII�G BbARD/I,pCAL PLANNING AGENCX REGiJLAR MEETING-OCTOB�R I,2014 PACE 3 OF 7 PUBLIC HEARINGS AGENDA PUBI.,IC HEARINGS 500, Communi�y Develapment D�part�nent—Plan�ing Divis�o� The Community Development Department — Planning Division requests tl�at the Planning & Zoning Board cansider Ordinance 202�-24, which proposes ta amend Section G-87-Temporary Storage Structures. �-:.:w�� ��•.�4 =�° �;�:�_:� Mr. Bobby Howell, ATCP, Planner, Community Development Department presented the ' �,��x4Y=� A enda Item and mentioned that currentl'(J Section 6-87. af the Code of Ordinances ` -���� � J 4 -a limits the time period for permits issued for the use of ternporary storage structures to , .;�`� seventy-�wo {72} consecutive�ours. ' ,� �� ;��.� Continuing Mr. Howell stated, "Recently we were approached by UPS (United Parcel ,;� Service) for permi�sion to utilize golf carts for package delivery in residen�ial areas of the ' -.,�� City during the holiday season. Florida Statutes 316.2126 (3}(b) per�nits seasonal delivery persannel to use golf carts on public roads within a residential area with a posted speed l�init of thirty{30) miles per hour or less frann 4ctober 1 S�'to 7anuary 315i „ It was noted that the time pexiod listed in Florida Statutes 316.2126 {3)(b) is consistent with the time period th.at is being suggested in the proposed 4rdinance 2014-24. Mr. Howell also briefly mentioned the process of how the packages wil� be delivered, temporarily stor�d, and then sent out for finai delivery via golf cart. Board Member Suzanne Walker, conc�rned about neighborhoods without commercial properties asked, "Would the UPS (United Parcel Service} golf carts be driving down, for example, the sidewalk on Tuskawilla Road? Because that is — forty-five (45) rniles an hour and there are ehildren walking to and from school — during the hours that are allowed. So haw would that be handled?" Mr. Howell referenced Florida Statutes and responded that these d�livery services are allowed specifically only on roads with a speed limit of thirty (30) miles an haur or less; an.d confirmed, "Therefare they cauldn't do it there." Board Member Walker inquixed about potential lacations £or temporary storage structures, to which Mr. Howeli replied, "It has to be a praperty with a comznercial use." Chairperson Henderson opened "Public Input". Mr. Brian Bulger, Division Manager, United Parcel Set�vice, 1050 Bennett Drive, Longwood, Florida: summarized that th� use af the golf carts is usually within Hor�eowner's Associations and gated communities, �uvith permission; and added, "We dan't transverse across forty-five (45) rnile an haur streets or anyt�ing like that. T�e 4rdina�ce (2009-1 I) does nat give us permissian to be on those stre�ts to begin with and we don'�operate that way." crrY aF wiN�r�x s�xr�vcs,Fwx�[zan DRA�`I'MINUTES PLANNIIVG AIVD ZONING BOARD/LOCAL PLANIV[NG AGENCY REGULAR MEETING-flCTOBER 1,2014 PAGE 4 OF 7 Chairperson Henderson m�ntianed tk�at in his community, golf carts are kept in the club house. Mr. Bulger concurred, "Correct. And typically we'll put it in �he back of the club house—there's nothing stored in the pod overnight other than the golf carts." �_� F�,�: .�w�zv,,,� Further co�ments fo�lowed on the benefts of th�utilizing golf carts For delivery. 4r:��.��� ���:f�:�:� Sr++�u,.+-s-YSi4 �{z"u:�'�--"'' Vice-Chairperson Howard Casman rernazked, "You have to get approval firom a ���� commercial business to store your matez�ial, you have to get appraval frozn an HOA r�'� {Homeowner's Association) to do it, and everything you have in the golf cart has to be �-� for that — community because you can't cross the road to another development. Is that '�'� correct?" Mr. Bulger answered, "That's correct." ��-��,..� �� Chairperson Henderson closed "Publzc Input", �� "� WILL MOVE TO APPROVE (ORDINANCE 2014-24)." MOTION BY BOARD MEMBER MILLER. SECONDED BY VICE-CHAIRPERSON CASMAN. D�SCUSSION. VOTE: VICE-CHAIRPER54N CASMAN: AYE SQARD MEMBER PHILLIPS: AYE B4ARD MEMBER WALKER: AYE CHAIRPERSON I�ENDERSON: AYE BOARD MEMBER MILLER: AYE MOTION CARRIED. PUBL[C HEARIIVGB SOl. Comm�nity Deve�opment Department-� Planning Division The Community Development Department — Planning Division requests that the Planning & Zoning Soard consider a Conditionai Use request for au adult daycare center at Temple Israel synagogne,which is located at 50 South Moss Road. Mr. Howell presented the Agenda Item wi�h a brief intraduction. Vice-Chairman Casman asked, "Share the Care, Inc. is the Applicant and they are pretty much renting -- the synagogue to �se as an adult day care?" Mr. HowelI confirmed this and also mentioned ther� was a representative from Share the Care, Irxc. here tonight ta answer questions. Continuing, Vzce-C�airman Casman remarked, "T�.e synagogue, as all churches a�re non- profit — is Share the Care, Inc. a non-pra�'it or is that a far profit business?" Mr. Howell responded, "It is my understanding, it's a non-profit."