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Home My WebLink AboutCDD Activities ReportCommunity Development Department Activities and Projects Status Report For Period Ending Wednesday, November 25, 2009 Activities Boards CAB - will meet December 14 to discuss Visioning Report and a new meeting night. P&Z - will meet December 9 to review plat ordinance revisions and discuss Visioning report. BOA - will meet December 7 to hear Jones variance requests, interview a new board candidate, discuss the Visioning report, and discuss a new meeting night. Status of Land Use Applications and Site Plans Cape Caribe - The applicant's response to our review comments and revised site plans were received in our office on Sept. 24 and were distributed to staff for review on Sept. 28. Staff comments have been received. Tree mitigation and stormwater are issues that have not been addressed to the satisfaction of staff. Therefore staff is not planning to take the site plan to P&Z until the Council has had an opportunity to address the Development Agreement. Staff is currently preparing a draft Development Agreement to present to the Council. Jones variance requests - The Joneses own a townhome at 201 Tyler Ave. They were in the process of having a screen enclosure installed when work was halted by code enforcement. The contractor failed to pull the proper permits resulting in a screen enclosure that was constructed illegally, was not properly engineered, and did not meet our code for side and rear setbacks. When an application was properly submitted, it was discovered that there were several nonconformities with the recently constructed screen enclosure as well as existing privacy fence, shed, and pool pump. The following variances were requested: (1) a screen enclosure side yard setback of 10 ft. rather than the 15 ft. called for by Section 110-584(a)(3); (2) a screen enclosure rear setback of 4 ft. rather than the 5 ft. per Section 110-384(a)(4) of the code; (3) a side yard setback from a public street right-of-way of 9 ft. for a six ft. high fence rather than the 25 ft. per Section 110-470(1); (4) a rear setback of 3.3 ft. for an accessory structure (shed) rather than the 5 ft. per Section 110-468(a); and (5) a side yard setback for pool accessories (pump) of 4 ft. 8 inches rather than the 15 ft. per Section 110-584(c) of the code. Staff supported variance requests 1, 3 & 5 and recommended denial of 2&4. The P&Z Board also recommended approval of requests 1, 3 & 5 and denial of 2 & 4. See November 18, 2009 P&Z packet for full report. Izzy’s Bistro – Brigette Krause, owner, wanted to be able to serve liquor. Izzy's is within 2000 ft. of another establishment serving alcohol. Our code called for a minimum of 200 seats for a restaurant to be exempt from the 2000 ft. separation from another establishment selling alcohol. Izzy’s requested that we revise our code to require only 150 seats. City Council adopted the ordinance revision on August 4, 2009. On June 23, 2009 staff met with representatives of Izzy’s Bistro regarding the proposed code amendment. In preparation for that meeting, Todd Morley prepared the attached memo dated June 22, 2009. This memo identifies the issues to be addressed once the code was revised, specifically parking and sewer impact fees. On September 1, 2009, Barry met with Kurt Tezel, owner of the property, to discuss the parking situation. He was provided parking calculations (see attached parking requirement memo) and was apprised that if parking cannot be provided on-site, our code allows for parking to be provided off-site within 500 ft. of the establishment. Also, a parking agreement signed by each party is required. Staff is not aware of any other option, short of a variance, to provide relief from required parking. Our code requires that a Special Exception (SE) be granted by the Board of Adjustment for a restaurant to serve alcohol. The current SE only allows for beer and wine. On November 4, 2009 staff met with Brigitte Krause and Gary Kirkland in a SE pre-app meeting where requirements of code and the SE worksheet were discussed as well as parking (see parking calc attached). Our code allows for parking to be provided off-site if it is within 500 ft. The SE will be conditioned on obtaining an agreement for off-site parking with another property owner. Subsequent to the meeting, it was brought to staff's attention that the additional seats 76-150 were installed. However, the impact fees addressed in Todd’s memo of June 22, 2009 had not been paid. Also, at some point the question was raised as to whether all impact fees had been paid for the existing 75 seats. To this point, staff research confirms that impact fees for 25 seats were paid, but does not show that impact fees for the expansion from 25 seats to 75 seats were paid. Staff has discussed the possibility of an impact fee payment plan with the applicant. Staff is awaiting Izzy’s submittal of a Request for a Special Exception to serve alcohol. Upon receipt staff will process the SE application and schedule for P&Z. Staff will recommend that a parking agreement be executed and impact fees be paid prior to BOA approval. Mutter Annexation - Jack Mutter has requested that the City annex his condo project at 315 Grant Ave. (corner of Ridgewood and Grant). A few questions have been identified regarding annexation of a nonconforming property (density, parking, etc.). Staff will confer with the City Attorney and DCA and then meet again with the applicant. Young Subdivision - The Young’s want to split one residential lot into two. They are waiting until the new plat ordinance is adopted and then use the expedited lot split process. (see plat ordinance). Despite recent allegations, code enforcement investigation revealed that neither a tree removal violation nor a construction-without-a-permit violation have occurred on this property. Status of Construction Projects Coastal Fuels – Continuing to monitor construction/maintenance activities. Monroe Carwash – Construction is underway. The owner of the property changed contractors and the permit was re-issued accordingly. The developer informs us that they are waiting for trusses. Saurenmann Addition – Construction permit was issued on October 9, 2009. This is the result of a negotiated settlement agreement involving the League of Cities insurance department. The engineering and permit fees were paid in accordance with the terms of the agreement. All that remains is for Saurenmann to correct construction deficiencies detailed at plan review. Although progress inspections are required, none have been requested to date. If no progress inspections are approved, the permit will expire on April 7, 2010. Status of Special Projects Visioning - The final Visioning Workshop was held Thursday October 22, 2009. The Regional Planning Council has prepared the Visioning Report. It is available to download from the regional planning council website. To access the report visit www.ecfrpc.org <http://www.ecfrpc.org> and click on “ftp access” on the right hand side of the homepage. To view in Windows Explorer, click “Page”, and then click “Open FTP Site in Windows Explorer”. To download files type: Username: pdownload Password: 219dlpublic The document is under the folder titled “Cape Canaveral Final Report”. This is a large file and may take several minutes to download. For those having trouble downloading the file, we will have the report on CDs available in our Wednesday afternoon. If you cannot pick one up, we will deliver it to you. Printed copies of the report will be available middle to the end of next week. The Citizens' Visioning Committee will meet this coming Wednesday, December 2, 2009 to discuss the draft Visioning Report with Phil Laurien. The meeting will be held at 6pm in the Council Chambers. Platting Ordinance - Revisions have been made to the ordinance since the first reading with the Council. A pre-application meeting has been added and the review procedure has been clarified and made more consistent between preliminary plat, final plat, and lot split processes. I am therefore taking the ordinance back to P&Z for review at the December 9, 2009 P&Z meeting. Tree Protection Ordinance Revisions – The Planning and Zoning Board recommended approval of the final draft on November 18, 2009. The ordinance is on the upcoming Council agenda for approval at 1st reading. Underground Utilities Ordinance - Revisions to this section of the code were reviewed by the P&Z Board on November 18, 2009 and recommended for approval. First reading of this ordinance will be December 1, 2009. New Sign Code – We distributed an informational handout for commercial property owners relating to lawful placement of temporary signs. International Property Maintenance Code – Todd is reviewing the new 2009 International Property Maintenance Code (IPMC). He will ask City Council to consider adopting it in its entirety. It would replace the current version adopted by our ordinance (1998 version). The IPMC is used heavily in the code enforcement process. Council Meeting Room A/V – The design and bid specifications are on the December 1st Council agenda. A representative from IM Solutions has indicated he will be present to answer any questions. 6395 N. Atlantic Ave (old Azteca II Restaurant), and 290 Cape Shores Circle – These two buildings were posted unsafe and “taped-off” with Caution tape. The postings were executed in accordance with Standard Unsafe Building Abatement Code. This posting requires the property owner to either obtain a permit to repair, or obtain a permit to demolish. Whichever option is chosen, the permit must be obtained and the work commenced within 60 days. Failure to meet this requirement allows the City, at its own expense, to repair or demolish the structure and file a lien on the property for all expenses incurred. At the November 19th meeting, the Code Enforcement Board found the owner in violation and authorized the execution of board orders consistent with staff’s unsafe building postings. The two issues will be brought forward again under “compliance hearings” at the January meeting. Outdoor Entertainment and Special Events Permits Ordinance – Todd is researching other City’s ordinances relating to permitting special events and outdoor entertainment. Regulation of Farmers Markets and multi-day events will be addressed. Foreclosed Property Ordinance – Todd is researching other City’s ordinances relating to foreclosed properties. That's all for now, Barry Brown Planning and Development Director Todd Morley Building Official Todd Morley Building Official City of Cape Canaveral 105 Polk Ave Cape Canaveral, FL 32920 Phone 321-868-1222 www.myflorida.com/cape <http://www.myflorida.com/cape> E-mail: morley-cape@cfl.rr.com <mailto:morley-cape@cfl.rr.com> Fax 321-868-1247 ਃ