HomeMy WebLinkAboutP&Z Agenda Pkt. 10-24-2012CALL TO ORDER: I
City of Cape Canaveral
PLANNING & ZONING BOARD
REGULAR MEETING
PE CANAVERAL PUBLIC LIBRAR
201 POLK AVENUE
OCTOBER 24,2012
— M
1. Approval of Meeting Minutes: August 22, 2012.
2. Recommendation to City Council Re: Proposed Ordinance No. 19-2012 to Restrict the
Location of Storage or Parking of Recreational Vehicles, Trailers, and Trailerable Items in
the C-1 Zoning District.
1 Recommendation to City Council Re: Code Revision to Change a Commercial Parking
Facility in the Al A Overlay District from a Special Exception to a Principal Use.
4. Consideration Re: P & Z Board to Serve as the Brownfield Advisory Committee.
5. Discussion Re: Review Method by which Building Height is Measured.
OPEN DISCUSSION:
ADJOURNMENT:
Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person
decides to appeal any decision made by the Planning & Zoning 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 by law. In accordance with the Americans with Disabilities Act: all interested parties may
attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with
disabilities needing assistance to participate in the proceedings should contact the Community &
Economic Development Department (868-1205) 48 hours in advance of the meeting.
7510 N Atlantic Avenue — P.O. Box 326 — Cape Canaveral, FL 32920-0326
Telephone (321) 868-1206 — Fax (321) 868-1247
www.cityofcapecaiiaveral.org
MEMORANDUM
Date: October 18, 2012
To: Planning and Zoning Board members
From: Barry Brown, Planning and Development Director
RE: October 24, 2012 P&Z Board Meeting
1. See August 22, 2012 Meeting Minutes for review and adoption.
2. Recent approval of a Special Exception for "storage of recreational vehicles, trailers,
and trailerable items" at Yogi's Discount Beverage and Food Store has started a
discussion about the appropriateness of such storage facilities on SR A1A. At its last
meeting, the Board directed staff to prepare an ordinance requiring storage facilities to
be located 400 ft. from SR A1A and to change outside storage from a Special Exception
to a Principal Use in the M-1 Zoning District. Assistant City Attorney has prepared draft
Ordinance No. 19-2012 which is included for your review. Also included is the
requested Zoning Map with depiction of proposed 400ft. setback from SR A1A and
Central Boulevard.
3. Charles Pindziak has requested that the Code be revised to change Commercial
Parking Facility from a Special Exception to a Principal Use in the A1A Overlay District
(letter included in packet). Staff originally proposed Commercial Parking Facility as a
Special Exception Use primarily to have an opportunity to address screening/
landscaping as may be appropriate at the time the facility is developed. In his letter, Mr.
Pindziak asserts that landscaping is currently addressed in the Code and a Special
Exception is not needed to address screening/landscaping. As Staff interprets the
Code, current landscaping requirements do not apply to a Commercial Parking Facility.
Section 110-566 only applies when a commercial or industrial zoning district abuts a
residential district. It does not address buffering from commercial, industrial, or
residential uses. Sec. 110-557 applies to parking lots and not specifically to
Commercial Parking Facilities. And it only requires a 2ft. wide landscape buffer with
plantings along the perimeter of the parking lot facing the public right-of-way. The A1A
Economic Opportunity Overlay District Guidelines do not address this situation.
Therefore, if it is the desire of the P&Z Board to make Commercial Parking Facility a
Principal Use, Staff recommends adding specific screening/landscaping requirements
for this use.
1
5. On September 18, 2012, City Council discussed how building height is measured
and how to prohibit artificially raising the grade to allow measurement of a building from
the new grade rather than the road. After discussion, consensus was reached to have
the Planning & Zoning Board study the definition of building height and provide a
recommendation to the City Council. Per section 110-1, " height of building" is defined
as follows:
Height of building means the vertical distance from 12 inches above the crown of the fronting road
or finish grade at the building line, whichever is highest, to (i) the highest point of flat roof; (ii) the
deck line of a mansard roof; (iii) the average height between the eaves and ridge for gable, hip and
gambrel roofs. Measurement must be in compliance with the 1 it _a, flood level, as determined by
the Federal Emergency Management Agency.
Chairman Russell is familiar with the code and its interpretation and will lead this
discussion.
If you have question or comment, please email B,.Bii'-O\At tyg[qgt)( �j q or
L P[ -
call me at 321 868-1206.
PLANNING & ZONING BOARD
MEETING MINUTES
AUGUST 22, 2012
A Meeting of the Planning & Zoning Board was held on Wednesday, August 22, 2012, at the
City Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The meeting was called to
Order at 7:00 p.m. by Chairperson, Lamar Russell. The Secretary called the roll.
Lamar Russell
Harry Pearson
John Fredrickson
Donald Dunn
Ron Friedman
N g - I gg�y zil v: w: so 0
Susan Chapman
Kate Latorre
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
Secretary
Assistant City Attorney
Planning & Development Director
Approval of Meeting Minutes: June 27, 2012.
Motion by Harry Pearson, seconded by Ron Friedman, to approve the Meeting Minutes of June
27, 2012. Vote on the motion carried unanimously.
2. Recommendation to Board of Adjustment: Special Exception Request No. 12-06 to Allow
an Assisted Living Facility in the R-3 Zoning District - 700 W. Central Boulevard - Danny
P. Ringdahl for Puerto Del Rio, LLC, Applicant.
Barry Brown explained that the previously granted Special Exception had expired, because a
Building Permit was not issued within 12 months of approval. He noted Danny Ringdahl has
reapplied for the Special Exception and confirmed that the request has not changed.
The audience viewed an aerial of the site. Ron Friedman objected to the 90 degree turn at the
northwest corner of the building, because there was no sight distance and it was an accident
waiting to happen. Barry Brown replied that Ron Friedman's site plan comments would be
addressed during the next agenda item. Chairperson Russell reminded the Board members
that this agenda item was for the assisted living facility use of the property.
Danny Ringdahl apologized for the project delay and thanked the Board for taking the time to
reconsider his project. He confirmed that there have been no changes to the project since the
previous approval. Brief discussion followed.
Motion by Donald Dunn, seconded by John Fredrickson, to recommend that the Board of
Adjustment approve Special Exception Request No. 12-06, as requested. Vote on the motion
carried by a (4) to (1) majority vote, with members voting as follows: Donald Dunn, for; John
Fredrickson, for; Ronald Friedman, against; Harry Pearson, for; Lamar Russell, for.
Planning & Zoning Board
Meeting Minutes
August 22, 2012
Page 2of3
3. Recommendation to Staff: Site Plan for Casa Canaveral Assisted Living Facility (ALF) -
700 W. Central Boulevard - Danny P. Rinadahl, Applicant.
Barry Brown advised that the original Site Plan had expired, because a Building Permit was not
issued within 12 months of approval. He verified that no changes were made to the Site Plan
since the previous approval.
The Board members reviewed the Site Plan. Ron Friedman read his review comments and
submitted them for the record, attached hereto and made part of the official minutes. Following
discussion and review of Ron Friedman's comments, Bary Brown disagreed with Mr.
Friedman's interpretation of the Landscaping Code for parking areas. Kate Latorre verified that
Section 110-567 of the Code was subject to interpretation. He advised that after Mr. Friedman
voiced his concern regarding the northwest corner of the building not having any sight distance,
stop signs were added to the previously approved site plan. Mr. Friedman reiterated that he
very strenuously objected to the 90 degree turn at the northwest corner of the building, because
there was no sight distance. He voiced his concern that erecting a stop sign at the turn in the
driveway would not deter an accident waiting to happen.
Barry Brown spoke to the Board regarding the City's future plan to revitalize W. Central Blvd.
He advised that Mr. Ringdahl has agreed to participate in this revitalization project. Brief
discussion was held regarding potential increase in vehicular traffic along W. Central Blvd.
resulting from the ALF project.
Motion by Donald Dunn, seconded by Lamar Russell, to recommend Staff approve the Site Plan
for Casa Canaveral ALF. Vote on the motion carried by a (4) to (1) majority vote, with members
voting as follows: Donald Dunn, for; John Fredrickson, for; Ronald Friedman, against; Harry
Pearson, for; Lamar Russell, for.
4. Interview and Recommendation to City Council Re: Prospective New Board Members -
John Price and Bruce Collins.
The Board interviewed prospective Board members John Price and Bruce Collins.
John Price advised that he has been a resident for 7 years. He is a retired professor with a
background in engineering, sales, and marketing; and was now a small business owner. He
loved the community and wants to see it grow while preserving the residential integrity.
Bruce Collins advised that he has been a resident for 32 years. Many years ago, he served on
the Board, but his work sent him to South Florida and he was not able to continue serving on
the Board. He has also served on the City's Visioning Committee. He is an active citizen in the
community. He is a proponent of mixed use and wants to be a part of the solution. He reads
planning literature, and evaluates the planning efforts of other cities during his travels, both
home and abroad. He advised that he made an error on the application to serve on the Board
and verified that he agrees to a background check.
Motion by Ron Friedman, seconded by Donald Dunn, to recommend that City Council appoint
John Price as a new Board member. Vote on the motion carried unanimously.
Motion by Donald Dunn, seconded by Ron Friedman, to recommend that City Council appoint
Bruce Collins as a new Board member. Vote on the motion carried unanimously.
The Board members thanked the applicants for their willingness to serve on the Board.
Planning & Zoning Board
Meeting Minutes
August 22, 2012
Page 3 of 3
Chairperson Russell called for a break at 8:15 p.m. The meeting reconvened at 8:23 p.m.
5. Discussion Re: Appropriateness of Storage Facilities on SR Al A.
The Board members voiced their opinions regarding the communities need for outside storage
facilities and storage warehouses, and appropriateness for being located along SR A1A and
Central Blvd. Discussion was also held regarding expansion of existing vehicle rental facilities.
Following discussion, a motion was made by Ron Friedman, seconded by Lamar Russell, to
direct Staff to draft an Ordinance to prohibit outside storage facilities within 400 ft. of SR A1A
and Central Blvd.; make outside storage facilities a principal use in the M-1 Zoning District; and
outline a City map showing the 400 ft. distance requirement from SRA1A and Central Blvd.
Vote on the motion carried unanimously.
OPEN DISCUSSION
Barry Brown advised that City Council approved the Donation Bin Ordinance at 1st reading.
Barry Brown announced that on August 21, 2012, the Brevard County Commissioners approved
the City's request for delegation of powers to create a Community Redevelopment Agency
(CRA) in Cape Canaveral. That evening, City Council approved the adoption of Resolution
2012-16, creating the City's CRA and declaring the Council as the CRA Board.
Barry Brown announced that the City will host a CRA and Brownfield Area Open House on
September 18, 2012 from 3pm - 5pm. He encouraged all Board members to attend.
There being no further business the meeting adjourned at 9:15 p.m.
Approved on this day of , 2012.
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
0
ORDINANCE NO. 19-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110,
ZONING, OF THE CODE OF ORDINANCES; PROVIDING
THAT SPECIAL EXCEPTIONS FOR COMMERCIAL
ESTABLISHMENTS FOR THE STORAGE OR PARKING OF
RECREATIONAL VEHICLES, TRAILERS AND
TRAILERABLE ITEMS MAY NOT BE GRANTED WITHIN
THE C-1 DISTRICT WITHIN 400 FEET OF HIGHWAY AlA
OR CENTRAL BOULEVARD; AMENDING THE M-1
DISTRICT REGULATIONS TO MAKE OUTSIDE STORAGE
A PRINCIPAL USE; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY AND AN EFFECTIVE DATE.
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
WHEREAS, in 2009, the City conducted a community-based, citizen driven Visioning
process to develop a vision and strategy for future development and redevelopment of underutilized
areas located in the City; and
WHEREAS, in order to encourage future development consistent with the principles
developed during the Visioning process, the City desires to amend the actual list of special
exceptions permitted in the C-1 Low Density Commercial District related to commercial facilities
for the storage or parking of recreational vehicles, trailers and trailerable items to prohibit special
exceptions for said facilities within 400 feet of Highway AIA or Central Boulevard; and
WHEREAS, the City Council additionally desires to make outside storage a principal use
in the City's M-1 Light Industrial and Research and Development District, instead of a special
exception use; 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 COUNCIL OF THE CITY OF CAPE
CANAVERAL, HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
City of Cape Canaveral
Ordinance No. 19-2012
Page l of 4
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Amendment to Chapter 110. Zoning. Chapter 110, Zoning, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance):
CHAPTER 110. ZONING
ARTICLE VII. DISTRICTS.
DIVISION 5. C-1 LOW DENSITY COMMERCIAL DISTRICT
Section 110-334. Special exceptions permitted by board of adjustment.
( c) Special exceptions may be permitted for the following:
(11) Commercial establishments for the storage or parking of recreational vehicles,
trailers and trailerable items, provided it meets the following, as a minimum:
a. Minimum lot size of 10,000 square feet.
b. Vehicle storage area must be obscured from view by either walls,
fences or hedges.
C. Walls, fences and hedges must comply with all city rules and
regulations and must be kept in good condition so as to ensure obstruction
from view.
Special exceptions shall not be permitted under this subsection within 400 feet of Highway
AIA or Central Boulevard.
City of Cape Canaveral
Ordinance No. 19-2012
Page 2 of 4
DIVISION VI. M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT
DISTRICT
Sec. 110-352. - Principal uses and structures.
In the M-1 light industrial and research and development district, the following uses and
structures are permitted, provided any use or group of uses that are developed, either separately or,
if developed as a unit with certain site improvements, shared in common, meet requirements of
article IX of this chapter:
Outside storage facilities, as provided in section 110-566.
Sec. 110-354. Special exceptions permissible by the board of adjustment.
( c) Special exceptions may be granted for the following:
i�.�U.7ii�ylii�r•_�s�����i�iiiisKi�n�:1K�i�ti�����ia���� � - - r - �
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto 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 freely 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.
City of Cape Canaveral
Ordinance No. 19-2012
Page 3 of 4
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
12012.
ROCKY RANDELS, Mayor
ATTEST:
ANGELA APPERSON, City Clerk
I' Legal Ad Published:
First Reading:
21 Legal Ad published:
Second Reading:
For Against
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 19-2012
Page 4 of 4
A Clara Elizabeth Lane
B Maple Court
C Palm Way
D Croton Court
E Oleander Court
F Coquina Lane
G Camelia Court
H Jasmine Court
I Honeysuckle Way
J Intrepid Way
K Aquarius Way
L Tranquility Way
M Shuffle Way
N Falcon Way
0 Coconut Way
IN 71 P)�
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A Clara Elizabeth Lane
B Maple Court
C Palm Way
D Croton Court
E Oleander Court
F Coquina Lane
G Camelia Court
H Jasmine Court
I Honeysuckle Way
J Intrepid Way
K Aquarius Way
L Tranquility Way
M Shuffle Way
N Falcon Way
0 Coconut Way
IN 71 P)�
Charles W. Pindziak
112 E. Central Boulevard
Cape Canaveral, Florida 32920
August 20, 2012
Mayor, City Council and City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
To Whom It May Concern:
i AUG 2 0 2012
0
The City Council of Cape Canaveral has indicated that they prefer a separate Commercial Parking
Zone that is not adjacent to the Astronaut/A1A corridor. As a result, the Commercial Parking Zone has
been placed in its own area, the M1 area of the Al Economic Opportunity Overlay District in which the
parking will be more than 500 feet from the highway and will not be visible.
In the last City Council meeting of July 17, 2012, Barry Brown, the City Planner, did not want to
grant a permitted use for parking in this area, only by Special Exception (SE). His rationalization was to
have a buffer zone between the parking area and the adjacent property. But the city codes already
address the buffer zone between M1 zoning and adjacent properties, namely: Section 110-566 and 110-
567 which represent 2 pages of landscaping and screening between M1 zoning and adjacent areas.
This is redundant. Placing a Special Exception (SE) on these properties creates an obstacle, a
hurdle and an annoyance together with a financial hardship on the property owners. To many, a Special
Exception is equivalent to "we don't want you to do what you are permitted to do with your property but if
you do what we want, we will give you a permit." This Special Exception (SE) designation for the
Commercial Parking in the M1 Overlay District adversely affects the marketability of the properties and
creates financial hardships and unnecessary redundancy in the application of the development process.
I request a review of this matter and a change to Permitted Use (P) rather than Special Exception
(SE) for Commercial Parking in the Al Economic Opportunity Overlay District.
Very truly yours,) r-
Charles W. Pindziak
m
Cape Canaveral, Florida, Code of Ordinances >> Subpart B- LAND DEVELOPMENT CODE >> Chapter
I10 - ZONING >> ARTICLE IX. - SUPPLEMEM"ARY DISTRICT REGULATIONS >> DWISION 7. -
LANDSCAPING AND VEGETATION >>
Sec. I 1G 566.,- betwe(:,,rt or hdwMica I ZO�ik�!g �N��licls a mJ reskler t I
g
Sec, 110-567. - [nterbr la irJsc r g fCjl pff��tjgg�. �'k,�r �g
12q . Ig gqa
Sec. 110-568, - �Reser�fed,
Secs I 10 569. 11 & 580, - F?eserved
Sec,, 110.566 - [,,,aridsca,An and scireeirdirig betweeri com,,merdal ov�, hridustrial
zonirig distiiicts and resideritial zorting districts, —
httt)://Iibrarv.municode.com/FITML/12642/level4/SPBLADECO CHI 1OZO ARTIXSU... 10/19/2012
No -MMM,
(Code 1981, § 641.43; Ord. No. 1-92, § 1, 1-21-921- Ord. No. 03-2003, § 2, 8-19-03; Ord. No. 05-2005, § 3, 4-19-05)
Sec. I 10-667'. - Interior �4indscaping for° offstreet parking areas,, -
Florida Fancy Points Tree Florida #1 Points
10 Large 7
and
medium
species,
ten feet
tall with
Igreater
ITATIN M. 0 0 0 ON al =1
DIVISION 7. - LANDSCAPING AND VEGETATION Page 3 of 4
(c) Only trees listed in secfioru 102-52 having the cold tolerance designation (+) shall be
considered for use in meeting landscaping requirements for C-1, M-1 and R-3 zones.
Further, if the planting is in an area subjected to salt air, the B (barrier island) designation
shall be present, which meets the state requirement to tolerate xeric conditions. Otherwise,
documentation must be presented as provided in segfion 11 0-566(d).
(Code 1981, § 641.441- Ord. No. 1-92, § 2, 1-21-921- Ord. No. 28-94, § 1, 7-19-94; Ord. No. 14-98, § 1, 9-15-98; Ord.
No. 03-2003, § 2, 8-19-03; Ord. No. 05-2005, § 3, 4-19-05)
Dec. °"1"10m 568.-�f'�,,eseiii-ved,, -
Editor's note—
Ord. No. 05-2005, § 3, adopted April 19, 2005, deleted seclkDn .1 10_568, which pertained to
preservation of trees in all districts and derived from Code 1981, § 641.59.
Secs. 1,10-569-110,6M Reserved,
http://library.municode.comJHTML/12642/level4/SPBLADECO CI411OZO ARTIXSU... 10/19/2012
Statutes & Constitution .view Statutes: Online Sunshine Page I of I
r-L '3767,
r
(4) Local governments or persons responsible for rehabilitation and redevelopment of
brownfield areas rnust establish an advisory committee or" use an existing advisory
committee that has formally expressed its intent to address redevelopment of the specific
brownfield area for the purpose of irnprOVillg public pa rtici patio n and receiving pUblic
corn ments on rehablRation and redevelopment of the brownfield area, fUture land use, local
ernployrnent opportunities, community safety, and environmental justice,. Such advisory
committee should include residents within or adjacent to the brownfield area, businesses
operating within the brownfield area, and others deemed appropriate. The person responsible
for brownfield site rehabilitation must notify the advisory committee of the intent to
rehabilitate and redevelop the site before executirv) the brownfield site rehabilitation
agreement, and provide the cornrnittee witl,-r a copy of the draft plan for site rehabilitation
which addresses elements reqUired by SLA:)section (5), .ibis includes disciosir�g potential reUse
of the property as well as site rehabilitation activities, if any, to be performed. The advisory
committee shall review any proposed redevelopment agreements prepared pursuant to
paragraph (5)(i) and provide comments, if appropriate, to the board of the local government
With jUrisdiction over the browrifield area, I lie advisory cornmittee MUSt receh/e a copy of the
executed brownfield site rehabilitation agreement, When the person responsible for,
brownfleid site rel,nabilitation SLIbrnits a site assessr-vent report or the technical cloc'ument
containing the proposed course of action following site assessment to the department or the
local pollution control program for review, the person responsible for brownfield site
rehabilitation must hold a meeting or, attend a regularly scheduled rneeting to inform the
advisory corn mittee of the findings arid recornmendations in the site assessment report or
the technical document containing the proposed (Mirsp of action following site assessment.
http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display Statute&Search Stria... 10/19/2012