HomeMy WebLinkAboutP&Z Agenda Pkt. 4-14-2010CALL TO ORDER:
ROLL CALL:
NEW BUSINESS:
City of Cape Canaveral
Community Development Department
ING & ZONING BOARD MEETING
CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
APRIL 14, 2010
7:00 P.M.
AGENDA
1. Approval of Meeting Minutes: March 10, 2010.
2. Discussion Re: Request to Amend Section 110-332 of the City Code to Allow
Commercial Parking Facilities as a Permitted Use in the C-1 Zoning District —
John Porter, Applicant.
OPEN DISCUSSION:
ADJOURNMENT:
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 Planning and Zoning Board with respect to any matter rendered 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 by law. This meeting may include the attendance
of one or more members of the Cape Canaveral City Council, Board of Adjustment, Code Enforcement
and/or Community Appearance 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.
7510 N. Atlantic Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326
Building & Code Enforcement: (321) 868-1222 • Planning & Development (321) 868-1206 • Fax & Inspection: (321) 868-1247
www.cityofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com
MEMORANDUM
Date: April 9, 2010
To: Planning and Zoning Board members
From: Barry Brown, Planning and Development Director
On April 6, 2010 the City Council approved Ordinance No. 05-2010, which adds child
care facilities as a special exception use in R-2 zoning, as recommended by the P&Z
Board without revisions. The adoption hearing is scheduled for April 20, 2010.
I have emailed a copy of the Economic Development Action Plan (EDAP) prepared by
Agee Consulting. The EDAP was presented to and accepted by the City Council in
February. Recommendations from the Plan will be included in the Strategic Plan.
The City Council is meeting this coming Tuesday, April 13 at 5:30pm to review and
discuss the Strategic Plan (formerly Goals and Objectives) as prepared by Staff. The
purpose of the Strategic Plan is to provide a framework for future planning and budget
preparation. The Strategic Plan is an effort to carry out the desires of the citizens as
expressed in the Visioning Mission Statement. The Mission Statement has been broken
out by topic; and goals, strategies, and action items have been developed to implement
the vision. The goals, strategies, and action items are derived from the 2006
Community Survey, 2007 Redevelopment Plan, recommendations of the 2009
Community Visioning and the 2010 Economic Development Action Plan. The Strategic
Plan is included in the workshop packet that was emailed to you.
The one agenda item for this meeting is a request by John Porter to amend the code of
ordinances to allow for commercial parking facilities as a principal use in the C-1 zoning
district. This is a discussion item.
Mr. Porter approached staff and asked if he could provide parking, for a fee, on the
former Azteca Restaurant property. He wanted to be able to have commercial parking
to support other uses in the area, uses such as overflow parking for restaurants, parking
for beach goers and those on cruise ships, etc. Staff researched the request and
determined that our code does not expressly address commercial parking facilities
either as a principal or special exception use. Mr. Porter was advised that the code
would have to be revised to accommodate his request and he therefore filed the
attached "Application for Amendment to Zoning Ordinances".
Please see the application for reasons and support for the request. Mr. Porter's
research reveals that Cocoa Beach, Melbourne, Malabar, Vero Beach, and New
Symrna Beach allow for commercial parking facilities as a permitted use in commercial
zoning districts.
Remember that this is an amendment to the code that would apply throughout C-1
zoning and not just Mr. Porter's property.
Considerations of this request should include:
• Visual barriers in the form of landscape buffers.
• Possible inclusion in C-2 and M-1 as well as C-1.
• Is this ground level parking only or would elevated parking garages be included;
if parking garages are included should there be some architectural design
standards.
• Should there be a time limit on parking?
• How will this benefit others in the City?
The codes of most cities in the state can be viewed on www.municode.com. Click on
Search Free Municipal Code Library under Access to Municipal Codes. Then select
State of Florida and then city of choice.
PLANNING & ZONING BOARD
MEETING MINUTES
MARCH 10, 2010
A Regular Meeting of the Planning & Zoning Board was held on March 10, 2010,
at the City Canaveral Public Library, 201 Polk Avenue, Cape Canaveral, Florida.
Lamar Russell, Chairperson, called the meeting to Order at 7:00 p.m. The
Secretary called the roll.
MEMBERS PRESENT
Lamar Russell
Bea McNeely
John Fredrickson
Harry Pearson
John Johanson
MEMBERS ABSENT
OTHERS PRESENT
Barry Brown
Susan Chapman
Kate Latorre
Robert Hoog
NEW BUSINESS
Chairperson
Vice Chairperson
1 st Alternate
2nd Alternate
Planning & Development Director
Secretary
Assistant City Attorney
Council Member
1. Approval of Meeting Minutes: February 10 2010.
Motion by Harry Pearson, seconded by Bea McNeely, to approve the meeting
minutes of February 10, 2010, as written. Vote on the motion carried
unanimously.
2. Recommendation to the City Council Re: Recommendation to City
Council Re: Proposed Ordinance Amending Section 110-294 Adding
Child Care Facilities as a Permissible Use by Special Exception in the R-2
Zoning District — Kate Latorre, Assistant City Attorney.
Barry Brown, Planning & Development Director, advised that following discussion
at the Board's previous meeting, the Board recommended that child care be
added to the R-2 zoning district, as a special exception. At that meeting, the
Board directed City staff to perform research for criteria to evaluate the
appropriateness of child care at a specific location. Based on the research, Kate
Latorre, Assistant City Attorney, drafted an ordinance that adds child care
facilities as a 6th item to the list of special exception uses in Section 110-294. Mr.
Brown gave an overview of the proposed ordinance and staff's research.
Planning & Zoning Board
Meeting Minutes
March 10, 2010
Page 2
Mr. Brown advised that a visual survey of properties within the R-2 zoning district
revealed that only five or six locations would possibly qualify for this type of use.
He advised that there has been no demand for a child care facility, other than
recently in one multi -family project, Palms East Apartments. He advised that
based on his R-2 survey and the lack of demand, the city would only deal with
the request at hand, and limit the possibility of a child care in R-2 to that multi-
family project. He pointed out that most importantly, a child care facility needs to
have a safe, on-site, drop off and pick up area, out of the public right-of-way.
Mr. Brown reviewed the proposed special exception conditions, for a day care, in
the R-2 zoning district. Proposed conditions included: one parking space for
every ten children, and one for each employee; visual screen and noise buffer;
safe, adequately lighted, on-site, pick up and drop off area, located outside the
public right of way; and a requirement for a site plan showing certain criteria, as
part of the special exception application.
The Board members reviewed the city code regulations regarding day care
facilities in the C-1 and C-2 zoning districts. Dr. Fredrickson commented about
adding the same criteria for a church wanting a day care facility in the C-1 zoning
district. Chairperson Russell advised that the agenda item was to recommend a
proposed ordinance for a day care facility in the R-2 zoning district, and
requested that the discussion be limited to same. He.offered that if the members
wanted to discuss day care facilities in other zoning districts, they could request
that a discussion item be placed on another agenda.
John Johanson commented that he agreed with having separate criteria for day
care facilities. He agreed with Dr. Fredrickson that it would be very easy to
encompass the same criteria for day care facilities in the C-1 and C-2 zoning
districts. He believed the city should do it right, the first time, by adding criteria
for day care facilities in all the zoning districts where day care facilities are
allowed (similar to the city code pertaining to special criteria for townhouses.)
John Johanson advised that two other cities he researched had excellent criteria
for day care facilities. He commented that some of the proposed criteria in the
draft ordinance were too vague. He commented that he was upset that the
Board members did not receive the draft ordinance until the meeting, and
advised that in the past members received agenda item information at least a
week ahead of the meeting. Barry Brown addressed John Johanson's
comments. He explained that staff was working expeditiously to accommodate a
customer. He explained the process and time frame for adoption of an ordinance
once it was recommended to the City Council. He advised that this item was one
of several he was working on and trying to move forward. He commented that
there is a legitimate need for this request and a direction from City Council.
Planning & Zoning Board
Meeting Minutes
March 10, 2010
Page 3
The Board members held discussion regarding: adequate parking; safe drop-off
and pick-up areas; lighting; noise buffering; visual screening; fencing; days and
hours of operation.
Motion by Harry Pearson, seconded by John Johanson, to recommend approval
of the draft ordinance, with incorporation of changes to the criteria, as composed
this evening, to read as follows:
• (A) The child care facility must be located in a multi -family complex and
any such complex shall not be an age -restricted community;
• (B) There shall be an adequate drop-off and pick-up area onsite
located outside of the public right-of-way;
• (C) One (1) parking space per employee, plus one (1) parking space
for every eight (8) children shall be required, with a minimum of five (5)
total spaces;
• (D) Adequate visual screening and noise buffers from adjacent areas
shall be provided;
• (E) Each application for a special exception under the subsection shall
be accompanied by a site plan drawn to scale depicting the child care
building, drop-off and pick-up area, parking, play area and adjacent
buildings;
• (F) Adequate lighting in the pick-up and drop-off area shall be
provided.
Vote on the motion carried unanimously.
OPEN DISCUSSION
No open discussion was held.
Motion by Bea McNeely, seconded by Harry Pearson, to adjourn the meeting at
8:03 p.m.
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
APPLICATIOINT
CITY OF CAPE CANAVERAL
MolooKellmLin
DATE:
APPLICANT:
DBA
ADDRESS:
City
State ZIP TELEPHONE:
REQUESTING AMENDMENT TO CODE SECTIO -N,
SECTWN PRESENTL-',l-'READS: c
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REQUESTED CHANGE TO READ:
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REASON FOR REQUESTED CHAINGE: v�
- 1 � -, - - -
(ATTACH ADDITIONAL SHEETS IF NECESSARY)
FEE FOR REQUEST: S250.0-0 DATE. PAID: / /
Support Document toApplication for Amendment toZoning Ordinances
[ommeotParking facAeswould satisfy the intent ofsecUonl1O33ItheCnmmenja|([I)Zmninq
disthctasstated for the Wowing reasons:
''The types wf uses permitted are intended to serve the
consumer needs of nearby residential neighborhoods, as well as
the commercial needs of the motorist.''
1. Provide nearby bc|businws wdreideks additima|parking capacity AN rnaynntbe,
avai|ab|eonste, This woui� a!bwlocal business addedcapacity -at peak timcs-Loca|residem-s
-Ah |/mRed v/sitcrparkingspaccscouiddirectgueststousethese faciiidcs.
1 Provide motorists (visitootothe arnsyons of Cape [anave,n-|—vacatione�-s' beachgces'
snappers, cmisepassengers and businssstravpleodeslnatedants 0park(seeApe
[anavera|v|sion�t�em�r��t�ched}
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indinacdythmughincreasedutUiza-iionnfgasmations'pe,andshoSee [�tyof
[ape[anaverai Economic Dexe|onmentAction P/anouached)
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incommercia|disthuz- See the highlighted amwofcodeEarn m8e/bourne Coma 8eacNma|adenVeoo
8csrh and New Smyrna Beach. |tappears thatth|s we (s not trrated anvHir-Fere,t tv -,.han uses /n
Bh eabizion: A bike -able and walk -able Cape Canaveral that retains and
enhances its residential feel, characterized by low-rise buildings not n -ore
than 4 stories in height_ This residential and business friendly atmosphere is
one of a live -able, attractive, safe, secure, and sustainable coastal community
that embraces the beach and riverside as the main amenities, and supports
local culture and education,
W embidon: AIA as a "complete sftef' with a native -landscaped and tree -
lined xnedian with traffic calming elements and dark -sky stn --t lighting.
omDlete street" amenities include bicycle facilities, covered transit stops,
and s;fe pedestrian crossings that invite pedestrians and bicyclists to access
the beach, river, local neighborhoods and adjacent communities. Our
improved -complete streets" will allow us to travel calmly to intimate
waterfront destinations and a walk -able downtown core. Multi -use paths
lined with shade Uees should be wide enough for bikes and pedestrians and
lig�ted so anyone can walk or bicycle safialy anywhere in town, day or night.
Nk embigion: Welcoming community ent-mce features that create a sense of
arrival and unique community identity, The "downtown" will contain an
architecftumlly rich and unique mix of uses, with wide tree shaded sidewalks
and umbrella covered ca& tables at restaurants and bistros where. friends
gather, inleracL and enjoy drinks and dinner.
We enbis;iaa: A community that removes or transforms blighted and
Z;
unfinished buildings into attractive structures, offers city-wide green spaces,
provides a pet -friendly park with ample shade, and actively recruits and
supports businesses that enhance economic viability and serve our residents
and visitors.
Nh eubizion. Open shorelines and -rivers accessible to the public including
amenities that take advantage of the water, such as limited and quaint water -
view establishments and intimate public gathering and entertainment places
that may include pavilions, gazebos, or a perfonmance stage.
t t.
F A f
1 {
A TsC3 i 1 ret Communitv as a Tourist i est ttaiI
Working together with various entities, the City can be developed into a unique
tourist destination by establishing and promoting tow -impact, up-market, family-
( based visitor accommodations, attractions and amenities.
For the purpose of the EDAF, the Tourism sector includes a broad spectrum of
activity including leisure travel, business travel, meetings and conventions, day -
visits and seasonal residency.
By selectively developing some additional attributes and attractions associated
with a "visitor destination," the City of Cape Canaveral could bring increased jobs
and tax revenues to the community and at the same time add community amenities
recommended in the 2006 Community Survey, the 2007 Redevelopment Plan, and
the 2009 Community Visioning. i
1. Develop a mixed-use parkin;, restaurant, smalt-scale specialty store
shopping, and festival venue conveniently accessible to AIA and the
cruise terminals at Port Canaveral, by:
a. Partnering with landowners, hotel owners and prospective
investors to develop a project proposal for review by the city, and
required county state, and federal agencies
b. Modifying existing city code and ordinances as required permitting
the proposed development
2. Develop city -owned community facilities on the ocean and the river, by:
a. Acquiring the five tracts constituting Cherie Down Park from Brevard
County and the Brevard County School Board
b. Acquiring private property adjacent to Cherie Down Park on Adams
Street and Ridgewood for inclusion into a City of Cape Canaveral
ocean -side park with city -owned community facilities and amenities
c. Selecting one of the several City -owned riverside properties for
development of city -owned community facilities
d. Designing specific site development proposals for each site in
coilaboration with prospective developers and concessionaires to be
reviewed by the city, and required county, state and federal agencies
e. Modifying_ exis-ting city Code and ordinanres as r ,uircc' permit] -'no the
proposed develo,ornents i
f. Securing, if required, community and voter approval of both proposed j
ocean -side and riverside community development
1. Market Cape Canaveral as a pre and pcst-Cruise v`S for de.tinat'.0:^,:
Developing and implementing a marketing campaign in partnership with j
city -based businesses in the tourism sector and promotion agencies.
Work with city -based hotels, restaurants, retail to develop packages
Agee Censut_ing Cape Canaveral EDA? - February 2010 PaRe 29
C-
-5
Landfill for non -household
N
N
I
N
N
N
N
C
C
N
waste
Manufacturing, heavy
N
N
N
N
N
IN
N
I P
N
Manufacturing, Tight
N
N'
N
N
N
N
P
P
N
Marinas*
N
N
C
C
C
C
N
N
N
Micro -brewery
N
IN
N
C
C
C
C
P
N
Mini -storage facilities
N
I N
C
C
N
C
P
P
N
Nursing and convalescent
homes
P
P
P
P
N
P
N
N
P
P
Office/financial institutions
3
P
P
P
P
P
P
P
N
Outdoor display (see Article
N
N
N
N
P/A
P/A
P
P
N
V11, Section 2(F))
Parking facilities as a
C
C
P
P
P
P
P
P
P
principal use
I
I
I
I
I
Plant nurseries*
N
N
N
N
N
P
P
P
N
Public use
C
C
C
P
C
P
P
P
P
Public utility service
facilities*
C
C
C
C
C
C
P
P
P*
Recovery home/halNvay
house*
N
N
N
C
N
C
N
N
C
Recreation, indoor
N
N
C
P
C
P
P
P
P
Recreation, outdoor
N
N
N
N
N
C
C
C
N
Recreational vehicle (RV)
parks*
N
N
N
N
N
C
N
N
N
Recycling facility
N
N
N
N
N
N
C
P
N
Restaurants
N
C
P
P
P
P
P
P
N
Retail
P
4
I
P 9
P 5
P
8
P 8
P
P
P
N
Schools
C
C
P
P
P
P
P
P
P
School, non-academic
instruction
C
C
P
P
P
P
P
Service. vehicle
N
N
N
C
N
C
P
P
Service. business
N I
P
P
P
P
P
P
P
N
Section 3-I I. CG general commercial district.
A. Scope. The regulations contained within this section shall apply in the CG district and nlay be permitted in
the future land use designation of general commercial.
B. Purpose. This district is intended for general business and services to meet the wide spectrum of retail and
service needs of the total community. These districts are located near the transportation hubs of the city to make
them easily accessible to the resident and traveling population of the city.
C. Perri tied principal uses and structures, This shall be:
I . Retail (excluding retail fish markets).
2. Commercial recreational facilities within a soundproof building.
�. Professional offices and clinics.
4. Financial institutions.
5. Business offices.
6. Transient lodging facilities.
7. Restaurants which are located greater than one hundred (100) feet from any residentially zoned property
(RS -1. RM -1, and RM -2 districts) as measured in a straight line from the nearest point of the structure of the
establishment to the nearestpoint of the residential property line.
8. Nightclubs and bar and lounges within a soundproof building which are located greater than one hundred
(100) feet from any residentially zoned property (RS -1, RM -1, and RM -2 districts) as measured in a straight
line from the nearest point of the structure of the establishment to the nearest point of the residential property
line.
9. Pet shops within a soundproof, air-conditioned building.
10. Communication media facilities and offices.
11. Commercial parking lots or parking garages.
12. Personal service shops and stores including but not limited to beauty and health salons, astrology and palm
readers, tattoo parlors, clothing, gifts, small appliances. and art studios.
13. Enclosed car wash.
14. Animal hospitals and kennels within a soundproof,, air conditioned building.
15. Public utility structures owned, operated, franchised or supervised by the city.
16. Health clubs and gyms.
17. Adult entertainment establishments located in accordance with provisions of section 4-80 of these
regulations, and operated in accordance with the City of Cocoa Beach Sexually Oriented Business and Adult
Entertainment Establishment Ordinance (the Code of Ordinances of the City of Cocoa Beach, Florida Chapter
2.5).
Article II LAND USE AND ZONING Page 3 of S
SSG -_'-t gj
Hobby and Handicraft Shops.
interior Decorators.
Jewelry Stores.
Meat Shops.
Novelty and Curio Shops.
Optical Stores.
Photo Supplies and Studios.
Shoe Repair Shops.
Tailors or Seamstress.
Other similar limited commercial activities .conducted in a fully
enclosed building which are approved by Town Council after
receipt of a recommendation from the Planning and Zoning Board.
Prior to approving any .such "similar" use, the Town Council shall
render a finding that the use is similar to the uses identified herein
and will produce impacts similar in nature to impacts generated by
those activities specifically permitted herein. The burden of proof
resides with the applicant. The procedures and criteria for review
of such "similar" uses shall be as cited in the following section, §
1-2.6 [1-2.7]. The use shall comply with criteria cited in the above
definition of limited commercial activities and shall not include
more intense general retail sales and services. The procedures
and criteria for review of other similar limited commercial activities
shall be as cited in the following section, § 1-2.6 [1-2.7].
9. Waterfront Marine Related Activities. The following marine related land uses
are included in this land use classification: commercial wet or dry storage and
boat sales and rental; Marine power sales and service; and bait and tackle shop:
and excluding marine salvage and boat yards.
10. Medical Sett/ices. The provision of therapeutic, preventive or other
corrective personal treatment services by physicians, dentists and other licensed
medical practitioners, as well as the provision of medical laboratory testing and
analysis services. These services are provided to patients who are admitted for
examination and treatment by a physician and with no overnight lodging. This
land use classification includes pharmacies when developed as an accessory
use within a medical service facility.
11. Parking Lots and Facilities. Governmental or private commercial building of
[or] structure solely for the off-street parking or storage of operable motor
vehicles.
12. Plant Nurseries. Retail sale of flowers, shrubs, trees, and plants as well as
landscaping contractors and provision of related consultative services.
13. Restaurants (excluding drive-ins and fast food service). Any establishment
(which is not a drive-in service establishment) where the principal business is the
sale of food, desserts or beverages to the customer in a ready -to -consume state
and where the design or principal method of operation includes two or more of
the following:
(a) Customers, normally provided with an individual menu, are served
generally in non -disposable containers by a restaurant employee at the
http://Iibrary8.municode,corn/default-test/DocView/11814/1 /80 4/6/2010
ARTICLE DI.R-3/\,C-7&,C']B,B-1,C-1AND C -2/L
Ve c"n
17 /
Page I of I
/n these districts o building or premises may be used only for the following purposes., Site plan
review is required for all uses in this district:
P=Permitted Use
http://library8.municode.com/default-testD-ocVievv,ll 16541/1/126/140 4/6/2010
Zoning Districts
Day Care Services ....
P
General Retail Sales and Services .......
P
P
P
Guest House and Transient Quarters.. ........
P
P
Recreation and Park Areas ......
P
P=Permitted Use
http://library8.municode.com/default-testD-ocVievv,ll 16541/1/126/140 4/6/2010
ARTICLE V.ZONING DISTRICTS Page luf8
D
V!
C�
B-2,NEIGHBORHOOD BUSINESS DISTRICT
Intent. The B-2, Neighborhood Business District is intended to provide goods and services for
the frequent needs of residents, and to assure that the operation of neighborhood businesses are not
detrimental toadjoining residential uses.
Permitted uses.
Animal dinio, out-patient care only, and no overnight boarding
Appliance and repair shops
Attached dwellings
Bakeries, nonmanufacturing
Barber and beauty shops
Bowling centers
Ceramic shops
Clubs, semipublic
Communication facilities.- buildings for radio, te|oviaiun, he|aphone, and telegraph
Convenience market with gas pumps
Drugstores and pharmacies
Dry cleaning establishments
Florists
Funeral homes
Gift shops
Government buildings and offices
Grocery stores
Hardware stores
hobby/uraftahops
Income tax services
Jewelry stores
Laundries including self-service
Lending agencies
Men's and women's figure salons
Multifamily residential developments
Newspaper offices and printing shops
Night clubs
Office and household equipment sales
Parking lots
Pool rooms
bup://lhraqS.ozuoicodcoo 1I341/1/153/158 4/6/2010