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HomeMy WebLinkAboutCAB Agenda Pkt. 03-16-2016CAPE CANAVERAL COMMUNITY APPEARANCE BOARD MEETING Library Meeting Room 201 Polk Avenue, Cape Canaveral, Florida 32920 AGENDA March 16, 2016 6:00 PM CALL TO ORDER: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Community Appearance Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The Community Appearance Board will not take any action under the "Public Participation" section of the agenda. The Community Appearance Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: 1. Approval of Meeting Minutes: January 20, 2016. 2. Vareas Cafe - Review and action regarding a Level 2 (LED Lights) Application consistent with Chapter 22, Article III of the Cape Canaveral Code of Ordinances — Alberto Vargas — 8010 N. Atlantic Avenue REPORTS AND OPEN DISCUSSION: ADJOURN Pursuant to Section 286.1015, F.S., the City hereby advises the public that: If a person decides to appeal any decision made by the Community Appearance Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed bylaw. This meeting may include the attendance of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement and/or Planning & Zoning Board who may or may not participate in Board discussions held at this public meeting. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office at 868-1221, 48 hours in advance of the meeting. P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 www citvofcaoecanaveml.ore e-mail: info(a),cityofcaoecanaveral ore COMMUNITY APPEARANCE BOARD MEETING MINUTES January 20, 2016 A Meeting of the Community Appearance Board was held on January 20, 2016, 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 Randy Wasserman. The Secretary called the roll. ROLL CALL: Randy Wasserman Chairperson Angela Raymond Joseph Mathos Bob Nienstadt Mary Jo Tichich MEMBERS ABSENT None OTHERS PRESENT Jen Nix Assistant City Attorney David Dickey Community Development Director Patsy Huffman Board Secretary Assistant City Attorney Nix swore in all audience members who were planning to speak.at the meeting. PUBLIC PARTICIPATION: None NEW BUSINESS: 1. Aooroval of Meeting Minutes es —November 12.2015. Motion by Mrs. Raymond, seconded by Mr. Mathos to approve the Meeting Minutes of November 12, 2015. Vote on the motion carried unanimously. 2. Mr. Wasserman requested that item #2 be moved to the last item due to the turnout for Item #3. All Board Members were in favor of this request. Community Appearance Board Meeting Minutes January 20, 2016 Motion by Mrs. Tichich, seconded by Mrs. Raymond to recommend Randy Wasserman continue as Chairperson. Vote on the motion carried unanimously. Motion by Mrs. Tichich, seconded by Mr. Mathos to recommend Bob Nienstadt as Vice Chairperson, Mr. Nienstadt accepted. Vote on the motion carried unanimously. 3. Mr. Dickey presented Staffs report/photos showing the painting depicted on each side of the building. Staff explained this item consists of a Level II review for the use of a wall mural. Code Enforcement Staff notified the VFW Post that the City Code of Ordinances did not allow the newly painted wall mural. However, Sec. 94-6 (g) of the Code does allow for a process by which a wall mural could be approved. The process involved the review and approval of the Community Appearance Board. When evaluating a Level II application, Sec. 2242 of the City Code identifies criteria that must be considered. Note that these criteria were established to evaluate both Level I and Level 11 applications; so they may not all apply to the subject request. Criteria include: 1. The plans and specifications of the proposed project indicate that the setting, landscaping, ground cover, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. 2. The plans for the proposed building or structure are in harmony with any future development, which has been formally approved by the City within the surrounding area. 3. The plans for the proposed building or structure are not excessively similar or dissimilar to any other building or structure which is either fully constructed, permitted but not fully constructed or included on the same permit application, and facing upon the same or intersecting street within 500 feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Sin and arrangement of elevation facing the street, including reverse arrangement; or c. Other significant features of design such as, but not limited to: materials, roof line, and height or design elements. 4. The plans for the proposed building or structure are in harmony with the established character of other buildings or structures in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. 5. The proposed development of the building or structure is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Cape Canaveral, and other applicable federal, State or local laws. Community Appearance Board Meeting Minutes January20, 2016 6. Within the C-1, C-2 and M-1 zoning districts, any exterior building or roof color used shall be well designed and integrated with the architectural style of the building and surrounding landscaping in order to create a subtle and harmonious effect and promote aesthetic uniformity within the district. Bright or brilliant colors shall not be permitted except for use as an accent color within the C-1, C-2 or M-1 zoning district. Staff recommended approval of the Level 11 review of the use of a wall mural. Motion by Mrs. Raymond, seconded by Mr. Mathos to recommend approval of the application per Staffs recommendation. Vote on the motion carred unanimously. 4. Mr. Dickey presented Staffs repordphotos. This item consists of a Level I application for the construction of an aerial adventure park. Staff pointed out the different structures, adjoining properties, and their uses. The property is zoned C-1, which allows outdoor recreation as a permitted use. The proposed project sits on a 1.41 -acre parcel that has access on AIA and Cape Shores Circle. There is an existing structure, which will be converted to house the ticket counter, restrooms, waiting lounge, and merchandise area. Operating hours will be from 9:00 am to dusk and will employ approximately fifteen (15) people. The parcel contains a large number of specimen trees, which are proposed to be maintained. Parking will be located on the south and west sides of the property. All City development standards will be implemented during the site plan review phase. The applicant has indicated that a stormwater permit is not required due to no additional impervious surfaces. Sec. 22-42 (c) of the Code establishes certain criteria that the CAB must consider when evaluating an application. In general, the criteria are to gauge whether a project is in harmony and consistent with the surrounding natural and built environment. The parcel is located within the N. Atlantic Avenue commercial corridor, which has been developed in a commercial manner with various retail and office uses. Sec. 22-42 of the Code includes the specific standards that must be considered. They include: • The plans and specifications of the proposed project indicate that the setting, landscaping, ground cover, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. • The plans for the proposed building or structure are in harmony with any future development which has been formally approved by the City within the surrounding area Community Appearance Board Meeting Minutes January 20, 2016 • The plans for the proposed building or structure are not excessively similar or dissimilar to any other building or structure which is either fully constructed, permitted but not fully constructed or included on the same permit application, and facing upon the same or intersecting street within 500 feet of the proposed site, with respect to one or more of the following features of exterior design and appearance. • Front or side elevations. • Size and arrangement of elevation facing the street, including reverse arrangements. • Other significant features of design such as, but are not limited to materials, roof line and height or design elements. • The plans for the proposed building or structure are in harmony with the established character of other buildings or structures in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. • The proposed development of the building or structure is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Cape Canaveral, and other applicable federal, State or local laws. • Within the C-1, C-2 and M-1 zoning districts, any exterior building or roof color used shall be well designed and integrated with the architectural style of the building and surrounding landscaping in order to create a subtle and harmonious effect and promote aesthetic uniformity within the district. Bright or brilliant colors shall not be permitted except for use as an accent color within the C-1, C-2, or M-1 zoning district. Materials used in the construction of the elements will be treated lumber and telephone poles. Mulch will be used under the elements and on any paths throughout the aerial park. Staff recommends approve of the Level I application with the following conditions: 1. Improvements will be consistent with the site plan. 2. Operating hours will be from 9:00 am to dusk, seven days a week. 3. Outdoor lighting will be limited to the parking areas and the primary structure, and will be internally shielded to prevent glare onto adjacent properties. The applicant presented a video to demonstrate this type of structure. Discussion ensued to include other ventures of this type; family run business; types of materials; height of structure; clarification of the address; access to project; impact to adjoining property owners; type of obstacle courses; several levels of the structure are within the height requirements; Oak trees will not be removed and other trees will help provide a sound buffer; setbacks from the sidewalk; lighting; restricting hours of operation; signage and earth tone colors will be used. Assistant Attorney Nix clarified that when making amendments to Staff's recommendations, the Code must be applied, and to use the criteria provided by Staff and the applicant. Discussion ensued to include whether food and beverages are going to be available; parking materials; meeting ADA requirements and noise control. Community Appearance Board Meeting Minutes January 20, 2016 Motion by Mr. Wasserman, seconded by Mr. Mathos to approve Staff s recommendation with the exception of not limiting hours of operation. Vote on the motion carried unanimously. Mr. Dickey presented Staffs reportiphotos. This item consists of a Level 11 review for the installation of accent lighting. Due to concems over the proliferation of LED lights in the City, Code Enforcement Staff recently delivered a courtesy letter to approximately 12 businesses regarding window lighting. The same criteria noted for item #3 above applies to this application. Board Members have the option of attaching conditions to their recommendation. Staff recommended approval with the following conditions: 1. The Accent Lighting be placed in such a manner as to minimize light pollution, glare and light trespass onto adjoining properties. 2. The Accent Lighting be turned off at 1:00 a.m. 3. The Accent Lighting shall not flash or change colors more than once every four seconds. 4. The Accent Lighting shall meet maximum daytime and nighttime light level standards (as measured in nits) as established in Sec. 94-78 (e). The applicant explained the need for accent lighting. The lights will be white in color. Flashing lights will not be used. in addition, applicant is requesting accent lighting around a stationary sign on the building that Staff can administratively approve. Discussion ensued between Board Members and applicant to include reasons to extend the hours of lighting Motion by Mrs. Raymond, seconded by Mr. Nienstadt to recommend approval of Staffs recommendation with the conditions. After further discussion, a second motion with an amendment to condition #2 was as follows: Motion by Mrs. Raymond, seconded by Mr. Nienstadt to recommend approval of Staffs recommendation with conditions 1, 3, & 4 above and delete condition #2. Vote on motion as follows: Mrs. Raymond, For; Mr. Mathos, For; Mr. Nienstadt, For; Mr. Wasserman, For; Mrs. Tichich, Against. Vote on the motion passed 4-1. 6. Community Appearance Board Meeting Minutes January 20, 2016 This applicant received a letter from Code Enforcement Staff with the same criteria as noted above. Mr. Dickey presented Staffs report/photos. This item consists of a Level 11 review for the installation of accent lighting at the Church Street Center building. This parcel is located in a larger commercial corridor surrounded by vacant property and retail uses. Staff recommended approval with the following conditions: 1. The Accent Lighting be placed in such a manner as to minimize light pollution, glaze and light trespass onto adjoining properties. 2. The Accent Lighting be turned off at 1:00 a.m. 3. The Accent Lighting shall not flash or change colors more than once every four seconds. 4. The Accent Lighting shall meet maximum daytime and nighttime light level standards (as measured in nits) as established in Sec. 94-78 (e). The applicant explained the need to keep the lights on all night for security purposes. The lights are green and do not flash. Discussion ensued to include meeting the Code requirement regarding light levels as measured in nits; Attorney Nix gave clarification of the Code; adjustment of brightness of lights to meet Code requirements; accent lighting versus security lighting; advantages of having accent lighting and to base a decision on the intent of the application. Motion by Mr. Mathos, seconded by Mrs. Raymond to recommend approval of Staffs recommendation with conditions 1, 3, & 4 above and delete condition #2. Vote on motion as follows: Mrs. Raymond, For; Mr. Mathes, For, Mr. Nienstadt, For; Mr. Wasserman, For, Mrs. Tichich, Against. Vote on the motion passed 4-1. REPORTS AND OPEN DISCUSSION: ADJOURNMENT: Motion by Mr. Mathos, Moved by Mr. Wasserman, seconded by Mrs. Raymond to adjourn the meeting at 7:59 p.m. Vote on the motion carried unanimously. Approved on this _ day of Randy Wasserman, Chairperson Patsy Huffman, Board Secretary 2016. City of Cape Canaveral Community Appearance Board 0 Meeting Date: 3/16/2016 Item No. Subject: Level 2 review for the installation of Accent Lighting at the Vargas Cafe located at 8010 N. Atlantic Avenue (Attachment 1). Summary: This item consists of a Level 2 review for the installation of accent lighting at Vargas Cafe at 8010 N. Atlantic Avenue (Attachment 2). Due to concerns over the proliferation of LED lights in the City, Code Enforcement Staff recently delivered a courtesy letter to approximately 12 businesses regarding window lighting. The letter reads as follows: The City in 2010 adopted a revised Sign Ordinance which among other things changed the way the City regulates lighting. Specifically, the Ordinance created a new class of lights, known as Accent Lights. By definition, Accent Lights are "any method of external illumination that is intended to draw attention to an integral decorative or architectural feature of the building and not connected or giving the appearance of any connection to the overall signage of the project. " Accent lighting is only allowed after review and approval by the City's Community Appearance Board. A Board Application is enclosed for your convenience along with a copy of section 94-4 of the City Code that discusses exempt signs as well as Section 94-6 regarding prohibited signs. Another type of lighting that the revised Sign Ordinance addresses is Window Lighting. Window Lighting is considered "any source of illumination intended to illuminate or draw attention to any display that is part of a window sign. " Window lighting is prohibited by the City Code of Ordinances, except when it is associated with a window sign as permitted in Section 94-4(6). Section 94-1 of the City Code defines the term Accent Lighting as indicated below: Accent lighting means any method of external illumination that is intended to draw attention to an integral decorative or architectural feature of the building and not connected or giving the appearance of any connection to the overall signage of the project. Accent lighting shall he reviewed in accordance with article Ili of Chapter 22 of this Code. As indicated above, Accent Lighting may be used if approved by the CAB. When evaluating a Level 2 application, Sec. 22-42 of the City Code identifies criteria that must be considered. Note that these criteria were established to evaluate both Level 1 and Level 2 applications; so they may not all apply to the subject request. Criteria include: 1. The plans and specifications of the proposed project indicate that the setting, Community Appearance Board Meeting Date: 3/16/2016 Item No. Page 2 of 2 balance, rhythm, contrast and simplicity are coordinated in a harmonious manner relevant to the particular proposal, surrounding area and cultural character of the community. 2. The plans for the proposed building or structure are in harmony with any future development which has been formally approved by the city within the surrounding area. 3. The plans for the proposed building or structure are not excessively similar or dissimilar to any other building or structure which is either fully constructed, permitted but not fully constructed, or included on the same permit application, and facing upon the same or intersecting street within 500 feet of the proposed site, with respect to one or more of the following features of exterior design and appearance: a. Front or side elevations; b. Size and arrangement of elevation facing the street, including reverse arrangement; or c. Other significant features of design such as, but not limited to: materials, roof line and height or design elements. 4. The plans for the proposed building or structure are in harmony with the established character of other buildings or structures in the surrounding area with respect to architectural specifications and design features deemed significant based upon commonly accepted architectural principles of the local community. 5. The proposed development of the building or structure is consistent and compatible with the intent and purpose of this article, the Comprehensive Plan for Cape Canaveral, and other applicable federal, state or local laws. 6. Within the C-1, C-2, and M-1 zoning districts, any exterior building or roof color used shall be well designed and integrated with the architectural style of the building and surrounding landscaping in order to create a subtle and harmonious effect and promote aesthetic uniformity within the district. Bright or brilliant colors shall not be permitted except for use as an accent color within the C-1, C-2, or M-1 zoning districts. The CAB may approve an application with conditions, if appropriate. Staff is recommending that the following conditions be placed on the approval: 1. The Accent Lighting be turned off at 1:00 a.m. 2. The Accent Lighting shall not flash or change colors more than once every four seconds. 3. The Accent Lighting shall meet maximum daytime and nighttime light level standards (as measured in nits) as established in Sec 94-78 (e) 1 — Community Appearance Board Application 2 - Aerial 3 — Street View of the Site 4 — Store Front Photo The CD Staff recommends that the Community Appearance Board take the following action(s): 1. Approve the Level 2 application for the use of accent lighting for the Vargas Cafe, with the afore -mentioned conditions _ David ATTACHMENT 1 CITY OF CAPE CANAVERAL COMMUNITY APPEARANCE REVIEW APPLICATION PACKET InstructionSheet.........................................................2 Conceptual Plan Requirements ..............................3 Information Sheet........................................................4 Submittal Checklist......................................................5 Application Fee Sheet ................................................. 6 City of Cape Canaveral Community Appearance Review Instructions A pre -application meeting with the Community Development Director is required prior to completion and submittal of a Community Appearance Review application. All proposed projects which have an exterior visual impact or effect on the community may require approval of the Community Appearance Board prior to the issuance of a building permit or before consideration of a site plan by the Planning and Zoning Board. If the Director determines that the project is minor or insignificant, completion of the application and approval of the Community Appearance Board will not be required. The Community Appearance Review Application shall be prepared in compliance with the requirements of Chapter 22, Article Ill, Sections 22-36 tam 2247 of our code. To access the Code, visit www.cityofcapecanaveral.org. On the home page, click on City Code of Ordinances; then click on link to municode.com; this will take you to the Cape Canaveral Code of Ordinances. Go to Chapter 22, Community Development; Article Ill, Community Appearance Review. This application packet must be complete, legible, and submitted with all required documents referred to herein, to the City of Cape Canaveral, Community Development; 110 Polk Avenue, Cape Canaveral, FL 32920. You and/or your representative are required to attend the meeting(s) at which time, your request will be considered. You will be notified of the dates and times of meetings. Meetings are held at the City of Cape Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, FL 32920, unless otherwise stated. Review levels and application requirements: Level 1 review. (Commercial, residential subdivisions, four or more multifamily residential units, industrial, and mixed-use): a. Vicinity map locating all zoning classifications, including orientation of all color photographs; b. For new development of unimproved property, a rendered conceptual plan depicting, in detail, location of landscaping and all the elements on the site; c. All preliminary elevations; d. Materials, texture and colors board depicting locations of colors; and e. Minimum of three color photographs of site and setting. Level 2 review. (Change of exterior building or roof color upon commercial or mixed-use buildings or structures within the C-1, C-2, M-1, or overlay zoning districts or Accent Lighting): a. Vicinity map locating all zoning classifications, including orientation of all color photographs; b. Materials, texture and color board depicting location of colors; and c. Minimum of three color photographs of site and setting (surrounding area). For accent lighting: please submit types of lights, pictures and locations of lights, hours of lighting operation and colors of lights. Page 2 City of Cape Canaveral Community Appearance Review Instructions (cont.) Conceptual Plan requirements: All conceptual plans submitted for consideration under this article for the new development of unimproved property shall indicate the following sufficiently: (1) Dimensions and orientation of the parcel; (2) Location, height and use of buildings, structures and encroachments both existing and proposed; (3) Location and arrangement of marinade and natural ground cover; (4) Proposed ingress and egress facilities; (5) A conceptual preliminary landscaping plan; (8) Unusual grading or slopes, if any; (n Location of walls and fences and the indication of their height and the materials of their construction; (8) Location and size and graphic content of proposed exterior signs, outdoor advertising or other constructed elements other than habitable space, if any; (9) Such other architectural and engineering data as may be requested to clarify the presentation. Pap City of Cape Canaveral Community Appearance Review Information Sheet Description of Request: —A' ft%vis' — Level of Request: (refer to page 2) AddrmofRequest: 610=.-L_k" 407ic k( - Name of Project (if applicable): = ------------- Legal description: Lot(s)-itL. Block . Subdivision Section Township Range Statement of Fact: _1 am the property owner. j,::�1am the owner(s) designated agent, euw-- Owner(s) Name: - Mailing Address: PO/ A" i✓�urt�L PhoneNumb'er(s): Entail(s): Designated Agent Information (if applicable) d/o Name of Designated Agent: {� r /�--� f`, Mailing Address: Phonenumber(s): 92L 6"Y d u✓ Page 4 City of Cape Canaveral Community Appearance Review Submittal Checklist 1._Completed Information Sheet. 2. Payment ofApplication Fee. a _vicinity Map depicting zoning classifications of surrounding properties. 4. _For new developments of unimproved property - a Conceptual Plan showing the location of improvements, proposed landscaping, and all elements on the site. (10) copies. (See page 4 for more details.) 5. Elevations to scale -two elevations minimum -(10) copies. 6. _Samples of materials, textures, and colors of the buildings, walls, roofs, banding, railings, trim, garage doors, main entrance doors, shutters, awnings, fencing/walls & gates, screening for ale and dumpsters, and signage. , 7. _Photographs of the site and setting, inI dig surroundingpr/p�pe�r�ti_es—(3) minimum. Q fY�GeS�t `ia 1, �. 8. Information for Accent Lighting Only. 3o 4c't, & UA-� Page 5 Attachment 2 Property Location Attachment 3 Street View Attachment 4