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HomeMy WebLinkAboutP&Z Minutes 7-1-2015 (signed)PLANNING & ZONING BOARD MEETING MINUTES July 1, 2015 A Meeting of the Planning & Zoning Board was held on July 1, 2015, at the Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to order at 6:00 p.m. by Chairperson John Price. The Secretary called the roll. ROLL CALL: MEMBERS PRESENT John Price Lamar Russell Ronald Friedman Harry Pearson Dr. John Fredrickson Craig Kittleson OTHERS PRESENT Kimberly Kopp David Dickey Patsy Huffman Chairperson Vice Chairperson Assistant City Attorney Community Development Director Board Secretary PUBLIC PARTICIPATION: None 1. Approval of Meetine Minutes —May 27, 2015. Motion by Mr. Russell, seconded by Mr. Kittleson, to approve the Meeting Minutes of May 27, 2015. Motion carried unanimously. 2. Onasi-Judicial and/or Public Hearine: Consideration and Recommendation to City Council Re: Ordinance No. 07-2015, Amending Chapter 110, Zoning, to Revise Article X, AIA Economic Opportunity Overlay District—City of Cape Canaveral - Applicant. Mr. Dickey presented Staffs report/photos. Staff pointed out the current area of the Economic Opportunity Overlay District (EOOD) and the proposed EOOD. It will be a sizeable increase. The City zoning map was explained to show most of the commercial corridor has been included in this proposal. Two commercial areas have not been included and the reason is residential property abuts with no buffer between the two. Planning & Zoning Board Meeting Minutes July 1, 2015 Discussion ensued between Board Members and Staff to clarify the areas being considered to expand; most of the overlay incentives are focused towards commercial development; the only area included along the river is zoned commercial; wetland areas were in question; the Mermaid Key project on the South end of Thurm Blvd. is in the EOOD area; the Casa Canaveral Assisted Living Facility will be included; some of the industrial areas will be included; comparisons between the zoning map and the aerial map were addressed to clarify the commercial zones; questions regarding the Central Avenue area were addressed; the area on the West side of North Atlantic Avenue is to be included; property owners were not notified as there was no mass mailing when the original EOOD was approved; although property will be included in the EOOD areas, participation in the EOOD is voluntary and will not affect property rights or values; property east of AlA is used residentially, but zoned commercial. Staff explained EOOD policies regarding what is and is not currently permitted as follows: building height City-wide, in the commercial zones, is 45 feet in height by right, same in the EOOD area, however; requests within the EOOD for up to 65 feet would require approval from the Community Appearance Board, anything above 65 feet needs City Council approval; building setbacks in the EOOD are 15 feet for front and 10 feet for rear and side setbacks; outside the EOOD requires a 25 -foot setback; increased height and reduced setbacks in the EOOD are being promoted; historically, hotels needed to have a minimum of five (5) acres and a minimum of 150 rooms; in the EOOD no minimum number of acres, but still need to have 150 rooms; the stormwater can be located under the parking lots, which is a policy change inside the EOOD; 80% of the lot can be impervious in the EOOD area, outside the FOOD (typically in the commercial district) 40% of the lot can be covered; more intensity and density inside the EOOD, which is the big policy change; the decision for lot drainage to be located underground was explained. The genesis of the EOOD lies in the 2009 Community Visioning process. In particular, it was to create a sense of identity for the City's northern gateway, leverage opportunities for economic development related to Port Canaveral, attract services desired by the citizens, and allow for additional uses such as a mixed-use, town center type development. In 2012, City Council adopted the FOOD and the provided guidelines and design standards for development within the district. These new standards created an "overlay" which enhanced the underlying zoning regulations. The City's location relative to the Port and Cocoa Beach will result in continued development pressure. Recent development activity includes the construction of a Dollar General Store and the Homewood Suites Hotel. The hotel project was reviewed under the current EOOD guidelines. This proposal expands the current boundaries of the EOOD to include the majority of the properties within the Community Redevelopment Area (CRA) and the Brownfield districts, which are development incentives that the City created over the last couple of years. Both of these districts were established to support redevelopment and were demarcated by criteria that the State has provided. Planning & Zoning Board Meeting Minutes July 1, 2015 The northern expansion area includes properties northeast of the current EOOD new the Port facilities, properties within the N. Atlantic Avenue corridor and the property that is the site of the proposed Casa Canaveral Assisted Living Facility. The southern expansion area includes properties to the southern City limit on the East side of AIA and properties that are adjacent to the Banana River. As the City continues to experience growth pressure within the corridor, it is critical that uniform rules be established that result in a seamless development pattern along the entire length of AIA. This consistency is a critical ingredient of creating a sense of identity called for in the Visioning initiative. Staff would like to stress that the expansion is to create continuity in the City of Cape Canaveral. The EOOD has been very successful, it resulted in the Homewood Suites Hotel project. If you look at the development patterns along AIA, particularly south of the N. Atlantic Avenue cutoff, there are several redevelopment opportunities. As a City, we have to look at creating incentives for the private sector to come in and create new projects. Staff felt this is needed and the timing is now. This project has been noted in the Weekly Updates for the last six months. The Community's overall response to the "overlay" when it was initially rolled out was positive; not to suggest that everyone would be in favor of what is currently being proposed, but the proposed expansion is similar to what was established in 2012. The City Hall project is in the expanded area and the project has been designed in anticipation of the expansion being approved for the benefits of the increased building height and setback requirements. The building will he about 48 feet in height and is ready to go out to bid later this month. Staff feels very confident that City Council will give its approval. Discussion ensued with concerns Board Members had before giving approval; whether the change could be upheld in the Court of Law; clarification was given that the FOOD is being changed, not the zoning of the properties; Assistant Attorney Kopp clarified that this proposal was adding to the existing zoning and if the Board recommends approval, this proposal has to go before two Public Hearings that will be publicly noticed and anyone who wishes to speak can attend those meetings; the Board commended Staff for recommending this proposal; City Assistant Attorney Kopp explained that one of the duties of the Planning and Zoning Board is to make a recommendation to City Council based on the review of the proposal and then City Council will make its own decision how to proceed; City Council takes into account the Board's recommendation; the Board wanted to stress that they needed to make a very well informed recommendation due to the change this proposal could create; but did feel that this is a good proposal and that the residents would benefit from the changes in the long run; the Board felt this expansion is consistent with the City Vision. Mr. Price asked that Kelley Klepper of Kimley Horn come up to the podium to give his portion of the presentation. Mr. Klepper was involved in the establishment of the Community Redevelopment Area, and the Brownfield area and suggested this was the next step. The overlay was discussed during the CRA Redevelopment Master Plan. Planning & Zoning Board Meeting Minutes July 1, 2015 Discussion ensued to include: what needed to be updated, writing new development guidelines to the `overlay" and using the information from 2-3 years back to see what has happened and what changes need to be made; the Code was looked at in the decision process; Board wanted clarification of a setback vs a stepback; a stepback is a setback located on the upper stories of a building, typically, to reduce the bulk of a building or to provide outdoor floor space (referred to as the wedding cake approach); setback applies to the building as a whole, a stepback applies at a certain distance or a certain height; terms need to be defined so that everyone understands what is happening and there is no grey area; adding additional definitions and standards from three (3) years ago; building standards were explained, define building zone; percentage along the front property line needs to be a certain distance; not have the look of continuous buildings like in New York City; having a certain length of frontage, but not the entire building; creating variety and an eye catching component called the `viewshed;" canopies due to the Florida heat can be a critical item; the previous Code was written to adjust to the setbacks; literally to push the building back beyond the back of the sidewalks; clarification was written to help with the interpretation to try to bring the building closer to the street; new definitions were added and minor modifications to the Ordinance were made and a detailed explanation was given to these modifications; encouraging while protecting pedestrian activity was explained; the boundaries and that the current EOOD area is 196 acres and 73 parcels, plus or minus; the proposed FOOD area is 542 acres and 502 parcels, not concerned about the parcels because they can change in size, etc.; the vision is consistent with what was done with the CRA and the Brownfield; expand along the Economic corridor of the City, this is where to focus efforts; encourage the increased building footprint by using more of the property wisely and to its full potential will increase the City's tax base; certain areas in the City could be redeveloped today and should be. A diagram was handed to Board Members. Mr. Klepper explained the aerial view as follows: the standard building setback of 15 feet; the building zones I and 2; maximum frontage along the property line of no more than 90% of the building can be along that frontage, but if a back access is required for rear parking, a 24 -foot wide access must be provided; the 90% cannot be along the street, no less than 50%, but no more than 75% in Zone 1 of the building on the street, another 10 feet back, in Zone 2, can be picked up to make up the 90%; try to create public space; regarding the height of the building after 45 feet, beyond that height, consider the stepback option of 14 feet; they came up with the number based on the width of two people walking along the sidewalk comfortably; creating a 3-D image and introducing it into the Ordinance so that there is a clear example and explanation. Discussion ensued with Board Members whether developers have shown an interest in this project; Mr. Dickey explained that he has spoken with a minimum of five developers looking to come to Cape Canaveral to redevelop and the height standards have been an issue; Staff feels these changes would give the City leverage to attract these developers; Board Members would have liked more public participation; Staff stressed that that citizens will have plenty of time to voice any concerns should they choose to do so; Assistant City Attorney Kopp explained that after this Board's recommendation, it will go to City Council for a I" and 2n^ Reading and that the meetings will be advertised so that any public concerns can be addressed should the public choose to come to those meetings; Board felt this is the time to do this, but wanted clarification pertaining to the policy changes regarding the types of buffers, which Staff explained; Board Planning & Zoning Board Meeting Minutes July 1, 2015 then requested a wall as a buffer, Assistant City Attorney Kopp read Section 110.566 of the City Code to give clarification of what types of buffers can be used; Board wanted to change the wording in Sec. 110-605. general — Director of Community Development or designee, shall have the authority to render interpretations of this code, to adept adopted policies and procedures; Mr. Klepper explained the reason to use the word "provisions" as opposed to constantly using the EOOD verbiage in Section 110-608; Staff explained that areas along A 1 A that are zoned commercial, but have residential properties (non -conforming uses) and no longer exist (are destroyed) due to fire, hurricane, etc., would have to be developed under the current code which is zoned commercial; discussion ensued about mix -uses; the proposed changes to the height of the buildings (65 feet) and the areas this would be allowed were detailed; Staff clarified that this height would have to be requested and the developer would have to plead their case, but would not guarantee an approval; some areas would not be compatible for this type of building height; Board wanted to stress that the changes suggested at this meeting are made to the Ordinance prior to going before City Council; Mr. Klepper and Staff clarified and made all the changes that were suggested. Mr. Friedman moved to table the motion to the next meeting until the Ordinance showed the changes; Assistant City Attorney explained that it was the duty of this Board to make any recommendation for changes to present to City Council. Motion by Mr. Russell, seconded by Mr. Kittleson to recommend approval to the City Council the proposed Ordinance No. 07-2015, Amending Chapter 110, Zoning, to Revise Article X, AIA Economic Opportunity Overlay District to include documented amendments. The motion carried 5-1 with voting as follows: John Price, For; Lamar Russell, For; Dr. John Fredrickson, For; Ronald Friedman, For; Craig Kittleson, For; Harry Pearson, Against. REPORTS AND OPEN DISCUSSION: Dr. Fredrickson asked about the Assisted Living facility; Mr. Friedman spoke about the Warehouse and the Change of Use projects that the Board recommended; Mr. Dickey will follow up with the Board regarding projects that they have recommended to approve; Mr. Pearson asked for an update on N. Atlantic Ave. construction; Mr. Dickey indicated that construction should start in July, 2015; Mr. Dickey gave a brief update on the progress of City Hall. ADJOURNMENT: Mr. Price asked if all were in favor to adjourn the meeting at 8:03 p.m. The vote was unanimous. day of Price, 2015. Planning & Zoning Board Me, Minutes Jul I, 015 Patsy Huffman, Secretary