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Home My WebLink AboutCAB Agenda Packet 11-19-2014PUBLIC PARTICIPATION: Jiff' p y oCae Canavera ommunity & Economic Development Departmel CAPE CANAVERAL, 4ITY APPEARANCE BOARD MEETING Library Meeting Room Avenue, Cape Canaveral, Florida 32920 AGENDA November 19p1i-4 6-00 RM - Approval of Meeting Minutes of'Auguilst 201�4 2.^ Review and approval of Level I Application consistent with Chapter 22, Article Ill of the Cape Canaveral Code of Ordinances 3. Public Hea�n: Recommendation to City Council Re- Ordinance -2014 to amend the Code of Ordinances to Revise Section 22-43 to pr(;v—idle for streamlining of development approvals. UX_jjv4j Pursuant to Section 286.1011'5, F.S., the City hereby advises the public: that: If a person de!c:ides 75 10 N Atlantic Avenue — P.0, Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 A �C-it-.Yrrrlg�� ..,.,.,.',-Ic--l�.a-�ia,� y_eraLo e-mailiTf1��ty � -.gL y eraJ,or g Community Appearance Board Meeting Agenda Novernber 19, 2014 Page 2 of 2 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 by law. This meeting may inc:luidle 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, 76101' Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326 Telephone (321) 868-1222 — Fax (321) 868-1247 e-mail: in.fb c ap&qpg__q�La,�T gg�g I WIX AUGUST 6,2014 MINUTES A meeting of the City of Cape Canaveral Community Appearance Board was held on August 6, 20�14, in the Cape Canaveral Public Library, 20!1 Polk Avenue, Cape Canaveral, Florida. Chairperson Wasserman called the meeting to Order at 6-04 p.m. X11 Randy Wasserman Rosalie it Boadt Angela Raymond Mary Jo Tichich Joseph Mathos Rocky Randels Kim Kopp Todd Morley David Dickey Gary Sitepalavich Susan Juliano • Ly P�KPWMMITRINITM Mayor Assistant City Attorney Community and Economic Development Director Planning and Zoning Director Building Official Board Secretary Assistant City Attorney Kimberly Kopp swore in all participants who were planning to speak. IRIMMiNJIM LEFJTFN�-, , II Al, Namm, lon"M Of �11 Motio,n by Mrs. Tichich, seconded by Mr. Mathos to approve the September 18, 2013 and May 21, 2014 minutes. Vote on the motion carried unanimously. 2. Cumberland Farms — AlA and Cggt,�� A. Review and approval of Level I Application consistent with Chapter 22, Article III of the Cape Canaveral Code of Ordinances. Mr. Dickey introduced Jeff Lucus representing the developer and explained he would have a presentation for the Board. Mr. Dickey presented slides beginning with an aerial view of the property for Cumberland Farms. He explained the Application was for a Level 1 review with th* Community Appearance Board Meeting Minutes, August 6, 2014 City's Code requiring it be brought before the: Community Appearance Board. Th, -i Applicant will be required to submit several applications as follows: (a) one brough) before the City Council for tree removal, (b) one brought beforethe Planning & Zonin—q Board for a Special Exception, (c) one brought before the Board of Adjustment due to the sale of fuel/nature of the project and (d) a permit would be required for land clearing. Staff is recommending approval of this project, The Board asked how many convenience stores were in the City. Mr. Dickey explained there: was a 2,000 foot separation standard and this would addressed at the upcoming Planning & Zoning Board meeting. Mr. Lucas presented slides as well as samples of the coloring:, texturing and roofing that will be used to erect the Cumberland Farms building. Discussion ensued about whether the landscaping plan in the packet was current. Mr, Lucas stated it was: conceptual. Mr. Dickey explained that the City Arborist had done a very thorough and detailed review of the trees on the site. As a result, some of the measurements were off and the information has been updated. The new plan is what will be used for the tree removal permit and presented to City Council for approval. Discussion followed regarding location/types of trees and how these would not change from what the plans -now show. The Board asked about specific Oak trees to which Mr. Lucas responded that there was a survey completed and there will be a combination of new and existing trees. The Board, was concerned that the landscaping integrate nicely and Mr. Lucas explained that this, was the first draft and there was a chance the landscaping could change slightly. The Board expressed concern regarding the retention pond behind the property and if there were any affected trees, would theyalso be removed. Mr. Lucas responded that they would like to save as many trees, as possible. Mr. Wasserman invited the: public to come up and voice their thoughts and/or concerns about the project. A conversation ensued about building a wall between Cumberland Farms/Cape Shores Condominiums and concerns were raisedregarding noise/ve:getation on the property. Mr. Dickey stated that the property owner and the Cape Shores H.O.A. were already in discussions about building said wall. Ward Member Mr. Neinstadt left the meeting at 6:45 p.m. N MILMIJUI , . . TM-irowli Meeting Minutes August 6, 2014 Motion by Mr. Wasserman, seconded by Mr. Mathos, to: approve Level I Application with the condition that the final landscape plan is reviewed by City Staff to ensure harmony with adjoining parcels, especially to the north. Mrs. Tichich, For; Mrs, Raymond, Against; Mr. Mathos, For; Mrs. Wolf, For; Mr. Wasserman, For. Vote on the motion carried. Note: Mrs. Raymond abstained when called upon to vote, but her abstention will be considered as a vote "Against" the motion due to lack of justification for abstention. The resulting vote is 4-1 in. favor of the motion, and the outcome of the vote is not affected by this change, 3. Casa Canaveral — 700 W. Central Houlevard,Cape Canaveral, FL 32920: A. Request to extend Level I Approval consistent with Chapter 22, Article, III of the Cape Canaveral Code of Ordinances 1\4otion by Mr. Wasserman, seconded by Mrs. Raymond to approve extension of Level I Approval. Vote on the motion carried unanimously. Mr. Dickey stated that he will present information on voting for a new Chairperson at the next meeting. Motion by Mr. Mathos, seconded by Mrs. Tichich to adjourn the meeting. There being no fatther business, the: meeting adjourned at 7:24 p.m. Approved on this —day of 2014. 0 City of Cape Canaveral Community Appearance Board Meeting Date: 11/19/2014 Subject: City Hall Building - 100 Polk Avenue, Cape Canaveral, FL 32920 - L---e,v--e---I--1 Application 'Imp � 41 =717 11 IP NJ ,Summary: This item consists of an application for a Level I rev—iew associated with the City's proposed City Hall Building located at 1100 Polk Avenue, Cape Canaveral, FL 32920 (see Attachment #1). The application is made per Sec. 2�2-44 of the Cape Canaveral Code of Ordinances., The Level 1 application is for Community Appearance! Board (CAB) review and approval of a 2 -story, 18,517 square foot municipal building on a 1.29 acre parcel (see Attachment #2.1). Parking for the building, which will be located to the rear of the building, will consist of 70 standard spaces and four accessible spaces for a total of 74. Proposed lot coverage is approximately 33 percent. The mean building height is 34.3 feet whiich is under the maximum permitted height of 45 feet in the C-1 zoning district. In anticipation of the expansion of the AIA Economic Opportunity Overlay District, which is proposed to 'include! this property, several adjustments to the site plan has, beer made that would otherwise not be allowed in the C-1 district, The most significant is tht placement of the building relative to the property lines. The typical setback in the G-1 district is 25 feet from the front or corner lot line and 25 feet from a public or private road. Howeve r, setbacks a re red uced to 15 feet from A I A a nd 10 feet from s,ide streets within the overlay district. Consistent with these: revised setbacks, the proposed City Hall building has been located 15 feet from the! AlA right-of-way and 10 feet from the Polk Avenue riight-of-way, Sec. 22-42 (c) of the Code establishes certain criteria that the CAB must consider when evaluating an application (see Attachment #3). In general, the criteria are to gaug-, whether a project is in harmony and consistent with the surrounding natural and bui� environment. Starj'has reviewed the application and has found that it is consistent with Sec. 22,-44 of' the Code. Mr. Alberto Portella, Principal Architect with GLE & Associates, and lead architect on the project, will make a brief presentation and be available for any questions the Board may have. Attachments,: #1 - Vicinity Map #2.112.2 - Rendered Site Plarill-andscape Plan #3 ® Level 1 Criteria #4 - Color Elevations #5.1/52/5.3 -- Color Photos of Site (3) Community Appearance Board Meeting Date: 11/19/2014 Item N . Page 2 of 2 The CED Staff recommends that the Community Appearance Board take the following action(s): Approve the Level I application for the City Hall building located at 100 Pol e he i t 100 Pol Avenue, Cape Canaveral, FL 32920, subject to the expansion of the AlA Economi Opportunity Overlay District. Approved_� A�CEP Director: Todd MorIq Date: Attachment #1 R+kQ cv� (h hi e- �$ N. AlTLANnC (A1A) p��, P �' " � ca m r uuuummmm Wz • I ' N .Fp. t � a � RlFFI I " uo a " 0- o 0 mm qpq P w N - —a N I I I V HMO !,Ili pG JCghi i d Up a gin IOU, 'a I J LSEa �8�5 11�8d S' C ".Ely L'S5 I =JE,:i a xa owuzss:w.� ? m CAPE CANAVERAL o nu[G Ik aii�uni ley D» ) o MY HALL C PLAN .. .... ... Clir 9F CAPE: GAN0.YP:NAt. F`LpRIdA a. ` Y -v 1A -V' I ✓—' �'g, , M'" - -n m nQ, . APPAL HAL Cl4F CAPE CANAVERAL PLANCIIY NFn vFPJECi aezon°op*rwx ,: wwwehS.Wwwr. /x oA�o, t. av �iAiy ew s u lue, o OAVDSGAPE lorn r........ nN .ir m0, n'r rnoN mux ac.� d p t w ��E...._r�❑ 8I �� d o v � a ... o� '�d.° �€'��w�GEUi�� I F b�� 1 f .p m O -n m nQ, . APPAL HAL Cl4F CAPE CANAVERAL PLANCIIY NFn vFPJECi aezon°op*rwx ,: wwwehS.Wwwr. /x oA�o, t. av �iAiy ew s u lue, o OAVDSGAPE lorn r........ nN .ir m0, n'r rnoN mux ac.� d p ��E...._r�❑ 8I �� d o v � a ... o� '�d.° �€'��w�GEUi�� I F b�� Wy k FS 1,p}1yy111 e G 6 JI i 4g s " i3'g 3 od W➢ . APPAL HAL Cl4F CAPE CANAVERAL PLANCIIY NFn vFPJECi aezon°op*rwx ,: wwwehS.Wwwr. /x oA�o, t. av �iAiy ew s u lue, o OAVDSGAPE lorn r........ nN .ir n'r rnoN mux ac.� d Attachment #3 Sec. 22-4JProcedure 6d Conduct of hearing,- approval or denial, At the designated public hearing, the community appearance board shall hear the applicant on the proposed application, and shall hear from members of the general public in accordance with the rules and procedures adopted by the city council and the board. During the public hearing, the applicant may be present in person or by counsel, and the applicant has the right to present evidence in support nfhis position and cross examine adverse witnesses whose testimony is offered at the hearing. The community appearance board may approve, approve with conditions, or disapprove the application only after consideration ofwhether the following criteria are complied with: (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 mf the community, (Z) The plans for the proposed building m/structure are in harmony with any future development which has been, formally approved bythe city within the surrounding area. (3) The plans for the proposed building or structure are not excessively similar ur dissimilar to any other building or structure which ireither fully constructed, permitted but not fully constructed, or included omthe same permit application, and facing upon the same mrintersecting street within SUO 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 No: materials, roof line and height Vrdesign 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 nmmsbtonL and compatible with the intent and purpose of this article, the Comprehensive Plan for Cape Canaveral, and other appl:icable federal, state orlocal laws. (G) Within the ['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 bri|Mamtco|ors shall not be permitted except for ureas an accent color within the C-1, C-2, or M-1 zoning districts. Attachment #4 Attachment 5.1 Attachment 5.2 Attachment 5.3 City of Cape Canaveral Community Appearance Board Meeting Date: 111191201A. Item No. S Subject: Ordinance No. _ - 2014 amending Chapter 22, Community Development and Chapter 110, Zoning, related to Site Plan and Community Appearance Board approvals, providing for the repeal of prior inconsistent Ordinances and Resolutions, incorporation into the Code; severability, and an effective date. Department: Community & Economic Development (C&ED) Summary: This item is to request the Community Appearance Board consider revisions to the Code that would streamline the development approval process as contained in Chapter 22 of the City Code. This is a continuation of the initiative started in December of 2011, when the City Council adopted Ordinance No. 13-2011 that restructured the City's development approval process as well as restructured certain City advisory boards. Ordinance No. 13-2011 resulted in a more intuitive and streamlined review process, by shortening timeframes and vesting more approval responsibility in Staff, The revisions mirrored recommendations developed by the Economic Development Commission of Florida's Space Coast as part of the S.N.A.P. initiative. S.N.A.P. is an acronym for Simplified, Nimble, Accelerated, Permitting. During the S.N.A.P. formulation, the EDC and local governments developed! a best practices model for both building and site permitting to streamline permitting processes throughout Brevard County, One of the specific recommendations implemented by Ordinance No. 13-2011 was to place approval responsibility with the City Manager for extension requests related to site plan approvals. This approval authority is currently limited to a one time extension not to exceed six months. The extension can only be approved for good cause and if there have been no changes in applicable regulations in the interim. This extension had previously been considered by the Planning and Zoning Board for after a noticed public hearing. The City Council in January of 2014,again signaled' its desire to streamline the development approval process. With the passage of Ordinance No. 02-2014, the Council authorized the City Manager the ability to administratively approve extensions for variance and special exception approvals for a period of up to 12 months. This had previously required approval by the Board of Adjustment after a noticed public hearing. Continuing the movement towards streamlining the development approval process and to safeguard City resources, the attached ordinance has been prepared to auithiorize the City Manager or designee the ability to: I - administratively approve an extension to Community Appearance Board approvals. Currently Section 22-43 of the Code limits approvals by the Community Appearance Board to 12 months, The Board currently has the authority to approve extensions far good cause after a noticed public hearing; 2 -- administratively administratively approve an extension for site plan approval. As indicated above, the City Manager currently has the ability to approve a one-time extension not to exceed six months. This proposal would grant the City Manager the, authority to extend site plan approvals, for 112 months on a recurring basis consistent with Ordinance No. 02-2014. Community Appearance Board Meeting Date: 1101'912014 Ordinance No. -2014 Page 2 of 2 As drafted, the ordinance would require that an extension remain subject to any previously imposed terms or conditions. At its August 27, 2014 meeting, the Planning and Zoning Board recommended approval of the subject ordinance. Appllicant/Owner: Administrative Submitting Director: David Dickey Date: 11/13/2014 Attachments: #1 – Ordinance No. -2014 The C&ED Staff recommends that the Community Appearance Board take the following action(s): Recommend approval of Ordinance — -2014 to the City Council. Approved by C&ED Director: Todd Morley Date: CAB Action: ] Recommended Approval as Recommended J Recommended Approval with Modifications Recommended Disapproval Tabled to Time Certain AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING CITY CODE CHAPTER 22, COMMUNITY DEVELOPMENT, RELATED TO ADMINISTRATIVE EXTENSIONS OF COMMUNITY APPEARANCE BOARD APPROVALS; AMENDING CITY CODE CHAPTER 110, ZONING, RELATED TO ADMINISTRATIVE EXTENSIONS OF SITE PLAN APPROVALS;, PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTI)J7K D.1TE. WHEREAS, the City is, granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHERE, AS, the City desires to improve the quality and efficiency of its development review process in an effort to make it less costly and time consuming, and to support economic development in the City; and WHEREAS, in order to facilitate these improvements, the City desires to streamline its development review process by modifying certain development review procedures as set forth herein; and WHEREAS, the City Council desires to authorize the city manager or designee to grant justified extensions of community appearance board approvals and additional site plan approvals; and WHEREAS, the City Council believes that these modifications will expedite the processing of extension requests and preserve the City's resources,- and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals,. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral, Section 2. Code Amendment. Chapter 22, Co unity Development, and Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows (underlined type indicates additions and s#ikeetA type indicates deletions, while asterisks (* * *) indicate a deletion ftom this Ordinance of text existing in Chapter 22 or Chapter 110. It is intended that the text in Chapter 22 or Chapter 110 that is denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): EM See. 22-43. Notice of approval or denial. (a) Promptly after the community appearance board has rendered a decision on a particular application, the board shall prepare and deliver to the applicant thereof a formal written notice which indicates its decision on the application (approval, approval with conditions, denial). If the application is approved with conditions, the notice shall contain a statement which clearly indicates the conditions. If the application is denied, the notice shall contain a statement which indicates the rationale for denial, (b) Approvals by the board shall be valid for a maximum of 12 months from the date the board renders its approval at a public meeting. If the applicant fails to obtaina building permit within the 12 - month period, the: board's approval shall expire at the end of the period, Upon—written request of the Applic.antthecitty er or designee may, at his or her sole discretion rantare manaL -quest for an additionat Elul] =I oil gewev,ffi Notwithstanding the aforesaid, once a building permit is issued, the board approval shall be valid for a time period equal to the permit and shall expire only if the building permit expires. POWN CHAPTER 110 ah a4 de ARTICLE VI. SITE PLANS See.110-224. Expiration. Ail site plans approved undof final approval unless the building permit for construction of the principal structure is issued or the; applicant files with the city in writing a re:quest for time extension for such site plan. The city manager or designee may, at his or her sole discretion, grant the request for extension only if justifiable cause is demonstrated and there have been no changes in any regulations in the interim. P ---4—A t .. I e a -0�� Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repeated to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral 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 fireely 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 Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this __ day of . 2014 First Reading: For Against