HomeMy WebLinkAboutP&Z Agenda Pkt. 1-11-2012ROLL CALL:
NEW BUSINESS:
k,ity of Cape CanaverA
Community Development Department
LARNING & ZONING BOARD
REGULAR MEETING
- CANAVERAL PUBLIC LIBRARY
201 POLK AVENUE
JANUARY 11, 2012
it P.14.
ummil "M
1. Approval of Meeting Minutes: December 14, 2011
2. Recommendation Re: Proposed Ordinance Regarding Restaurants that
Serve Alcohol.
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: ccapecaiiaveral@cfl.rr.com
PLANNING & ZONING BOARD
MEETING MINUTES
DECEMBER 14, 2011
A Regular Meeting of the Planning & Zoning Board was held on December 14, 2011, at the City
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
Donald Dunn
John Fredrickson
Harry Pearson
MEMBERS ABSENT
Ron Friedman
OTHERS PRESENT
Susan Chapman
Kate Latorre
Barry Brown
NEW BUSINESS
Chairperson
1St Alternate
Secretary
Assistant City Attorney
Planning & Development Director
1. Approval of Meeting Minutes: November 9, 2011.
Motion by Harry Pearson, seconded by Donald Dunn to approve the meeting minutes of
November 9, 2011, as written. Vote on the motion carried unanimously.
UNFINISHED BUSINESS
Discussion and Recommendation Re: Restaurants that Serve Alcohol.
Barry Brown, Planning & Development Director, summarized the discussion held at the last
meeting pertaining to proposed revisions to the Code for restaurants that serve alcohol. Staff
had proposed to: 1) remove the requirement for a Special Exception for alcohol service; 2)
remove requirements for a minimum separation distance; 3) eliminate or reduce the minimum
seating requirement; and 4) eliminate or reduce the requirement for a minimum building area of
2,000 sq. ft. Following discussion, the Board directed Staff to perform research and report back
to them regarding other cities requirements for establishments serving alcohol, State
requirements and licensing for establishments serving alcohol, and State and other cities
definitions for establishments serving alcohol.
Staff performed the requested research as requested by the Board at the previous meeting.
The Board held discussion and reviewed a matrix of other cities requirements for restaurants
serving alcohol. Discussion was held regarding Staffs proposal to eliminate the requirement of
a Special Exception for a restaurant to serve alcohol. Barry Brown advised that the 2006 City
Survey and 2009 Visioning revealed that residents want more restaurants. He noted that there
is no added value in requiring a restaurant to obtain a Special Exception to serve alcohol. The
Board reviewed various types of alcoholic beverage licenses issued by the State. Barry Brown
advised that a State issued "special' or SRX license requires that a restaurant have a minimum
of 150 seats, a minimum of 2,500 sq. ft., and 51% of sales from food and non-alcoholic
beverages.
Planning & Zoning Board
Meeting Minutes
December 14, 2011
Page 2 of 2
The Board held discussion regarding eliminating the minimum 2,000 ft. distance requirement
between establishments serving alcoholic beverages. Barry Brown advised that he could not
find any benefit to this requirement and noted that it only created a barrier to getting more
restaurants.
Barry Brown advised that reducing or eliminating distance separations from schools, churches,
and playgrounds was no longer a consideration.
Donald Dunn voiced his opinion that Staff did not perform sufficient research in order for him to
render any decisions on this issue. He requested that Staff perform additional research of the
following Cities and report back to the Board: Melbourne Beach, Rockledge, Titusville, and
Palm Bay. He voiced his concern regarding small eating establishments (i.e. an ice cream
parlor) being allowed to serve alcohol if the Code is changed.
The Board held discussion regarding reducing or eliminating minimum seating requirements and
minimum building square footage for restaurants to serve alcoholic beverages. Barry Brown
explained that a restaurant must meet certain State requirements of having a minimum of 2,500
sq. ft. and a minimum of 150 seats, pay a fee of $1,820.00 for a SRX license, and meet City
Code requirements; or purchase a quota liquor license on the open market for approximately
$140,000 and meet City Code requirements. He noted that Code Section 110-171 calls for a
minimum of 2,000 sq. ft. and 100 seats for on-premise consumption of liquors. Discussion was
held regarding minimum number of seats vs. number of patrons allowed in an establishment.
Barry Brown advised that he would speak to the Fire Marshall regarding consistency.
The Board held discussion regarding possibilities of a restaurant turning into a bar. By
consensus, the Board agreed that the Code should be amended to clearly define a "restaurant";
and a proposed ordinance be prepared eliminating the requirement for a special exception for a
restaurant to serve alcoholic beverages; eliminate the minimum 2,000 ft. separation requirement
from restaurants serving alcohol; and to reduce or eliminate seating requirements, and minimum
building area for restaurants to serve alcoholic beverages.
Motion by Harry Pearson, seconded by Lamar Russell to direct Staff to provide the requested
additional research, and to come back with a proposed ordinance for further consideration.
Vote on the motion carried by a (3) to (1) majority vote with members voting as follows: Donald
Dunn, against; John Fredrickson, for; Harry Pearson, for; and Lamar Russell, for.
OPEN DISCUSSION:
Harry Pearson, advisory member, Brevard County Transportation Planning Organization (TPO),
updated the Board members on proposed improvements to the A1A corridor. The Board
members held discussion regarding round-a-bouts.
Motion by Harry Pearson, seconded by John Fredrickson to adjourn the meeting at 8:23 p.m.
Approved on this day of , 2011.
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
MEMORANDUM
Date: January 5, 2012
To: Planning and Zoning Board members
From: Barry Brown, Planning and Development Director
RE: January 11, 2012 P&Z Board Meeting
At the November 9, 2011 meeting, Staff and the P&Z Board began a discussion about
requirements for restaurants that serve alcohol that continued at the December 14,
2011 meeting. Staff proposed the following revisions to the code regarding restaurants
and requirements to serve alcoholic beverages:
1. Revise requirements for restaurants that serve alcohol — Staff proposes 1)
removing requirement for a Special Exception for restaurants that serve alcohol, 2)
removing requirements for a minimum separation distance, 3) eliminating or reducing
the minimum seating requirement, and 4) eliminating or reducing the requirement for a
minimum building area of 2000sf.
2. Revise definition for restaurant and add definition of convenience store.
1) Revise definition for restaurant to include language requiring that 51% of sales are
from food and non-alcoholic beverages, and
2) Add definition for convenience store and clarify need for Special Exception. Sec.
110-171(a) states that all establishments that sell alcoholic beverages require a SE, but
C-1 zoning Sec. 110-332(13) allows for retail sales of beer and wine for off -premises
consumption as a principal use and therefore permitted outright. I believe alcohol sales
at convenience stores should be a principal use, therefore, a Special Exception for
alcohol sales would not be required.
3. Revise requirements for Special Exception Application — Staff proposes that the
requirement for a vicinity map per Sec. 110-171(a)(5)a be deleted. This requirement is
onerous for the applicant and is information that more easily prepared in house and
provided to the P&Z by Staff.
After discussion of the proposals, the P&Z Board requested that Staff provide alcoholic
beverage information from additional Cities and directed Staff to prepare an ordinance
depicting the proposed revisions.
A matrix has been provided that includes alcoholic beverage information from
Rockledge, Titusville, Palm Bay, and Melbourne Beach. A revised ordinance has also
been included in the packet. Call me at 321 868-1206 with questions or comments.
I T
Y
*MP
C
SERVF M Mki()ILIC BEVF`RAGE5), P1,AGE 2
Rockledge
I ffilsvi"e
Palm Bay
Melbourne Beach
Special Exception Of'
F
. . . . ........
. .... .
Condiflomd Use Requhvd?
(tWH WC�t 9, Whir
(full Hquol "md/a� beer & Vvkw
(hW lquoi and/cbeer 9, v0m, only)
(full llqunI and/or b("m & Mine
ony)
only)
NO in general commercial; YES in
wanly)
NO
NO
neighborhood commercial & mixed-use
YES
districts.
Minimum Distwme frorn
11p0,,Mk1,105:
,/CkNbv
Schools (S) Churches (Q
(fwH Hquor nwloi lwer & wine
(lull liqluol and/or hrr 0,4 vville
(fiull kqum nncf/or beer ti wine o0y)
QWV k4uw and/or bemr r,.4c vvino
Mygrounds (P)
r,/fly)
on�y)
NO
wldy)
Residenflal(R)
NO
YES - 300 ft. from (S) (Q.
YES —450 ft. (C) (S).
Dars/Clubv
(kill Hquor:,mdcj bevr 8. I/Oin(
uilly
YES - 200 ft. from (S)QC(R)
Min. Distance from other
.... . ......
EstabHsiiment Serving
Reftawmnt;,: NO
R,:!eta mantsNO
NO
450 ft.
AkoW (foil liquor, nnd/w
H,ws/'Uub,w. NO
NO
Baa ,,/Oub,,� NO
beer 8, wine)
V161imurn Seating
(fu II HquoI `ind/vi beewine
(rtiii iimnoir "m(1/C, i:ieoc r,,, oiif,
(full icpuci and/ bee81 wnp only)
(full lqufli wndoi hvel W�Pnv
oidv
s»vtWtr)
NO - Requirements set by FS Chapter 509.
cMy�
NO
NO
.
NO
TV%nimuun ffidldhip Square
. . .................. .
Footage
(fulk hqum anri/w by I` 8,, v,(irw
(fV I I I h(TI ID} 'rt (J/M beeP 8A W I @ If'
((df hq tmr a) I 1(J/o I - bver w[ne ol I Y)
(full Hquor and/m pfV er 8� wine
md,o
nnlyp
Principal building minimum 300 sq. ft.
anly(
NO
NO
. ...... ...
NO
. . .... . ......
ORDINANCE NO. -2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 110, ZONING, OF THE CAPE
CANAVERAL CODE OF ORDINANCES RELATED TO
SPECIAL EXCEPTIONS FOR ALCOHOLIC BEVERAGES;
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, section 110-171 of the City Code sets forth the operating terms and conditions
under which establishments may dispense, sell, serve, or store alcoholic beverages, or permit
consumption of alcoholic beverages on the premises within the City of Cape Canaveral; and
WHEREAS, the City Council desires to amend certain provisions of the City Code to
exempt restaurants, hotels and motels, and convenience stores from the provisions of section 110-
171; and
WHEREAS, given the extensive regulation and licensing requirements imposed on such
establishments by the Florida Beverage Laws, the City feels that its strict local regulations should
be somewhat relaxed in order to make Cape Canaveral a more inviting community for new business
prospects; and
WHEREAS, the City's Planning & Zoning Board has analyzed and discussed the City's
ordinances regarding special exceptions for establishments serving alcoholic beverages and
recommends approval of this Ordinance to the City Council; 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.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, 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.
City of Cape Canaveral
Ordinance No. _-2012
Page 1 of 8
Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows underlined type indicates additions and
strikeent, 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 1. IN GENERAL
Sec. 110-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Convenience store means any place of business that is engaged in the retail sale of staple
groceries, including prepared food, and gasoline and other services. Stores that are solely or
primarily a restaurant shall not be considered a convenience store for purposes of this code.
Restaurant means any building or structure or portion thereof in which food is prepared and
served for pay to any person not residing on the premises and which, at all times, derives not less
than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold
and consumed on the premises (such percentage shall be determined by calculating the average
monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately
previous 12 -month period).
ARTICLE IV. SPECIAL EXCEPTIONS
DIVISION 2. ALCOHOLIC BEVERAGES
Sec. 110-171. Establishments serving alcoholic beverages.
(a) Establishments which shall require a special exception under this chapter by the
board of adjustment are those, whether or not licensed by the state Department of Business
and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense,
City of Cape Canaveral
Ordinance No. _-2012
Page 2 of 8
sell, serve, store or permit consumption on the premises of alcoholic beverages, with the
exception of restaurants, hotels and motels, and convenience stores. In consideration of a
special exception application, the board of adjustment shall not approve the application
unless it is totally consistent with all the conditions as set forth in this section and also the
following:
(1) The establishment shall not be permitted to locate:
(A) Within 300 feet of any existing church, school grounds or
playgrounds nor shall a church, school or playground be permitted to locate
within 300 feet of any existing establishment which dispenses, sells, serves,
stores or permits the on -premises consumption of alcoholic beverages. The
distance shall be measured as the shortest linear distance between the
property line of the establishment which provides or proposes to provide for
the sale and consumption of alcoholic beverages and the property line of the
church, school grounds or playground.
(B) Within 300 feet inland of the mean high-water line of the Atlantic
Ocean or of the Banana River. The distance shall be measured as the shortest
linear distance between the property line of the establishment which provides
or proposes to provide for the sale and consumption of alcoholic beverages
and the mean high-water line of the Atlantic Ocean or of the Banana River.
(2) The establishment, if licensed by the state division of alcoholic beverages and
tobacco to permit on -premises consumption of beverages, shall not be located within
2,000 feet of another licensed establishment. The distance shall be measured as the
shortest linear distance between the property line of the establishment which
proposes to provide for the sale and consumption of alcoholic beverages and the
property line of any establishment which currently provides for the sale and
consumption of alcoholic beverages. Further, the establishment shall be in
compliance with the Florida beverage laws (F.S. chs. 561 through 568). Provided,
however, exceptions to this subsection are:
a. Restaurantsi seating 156 or more persei
b. Hotels and motels which are approved in accordance with City Code.
City of Cape Canaveral
Ordinance No. _-2012
Page 3 of 8
:
:. : t:-
. . ..
-M . 1111 CAN
ASIA:
9:::
. All IN r. I I -a . -
11-211
.oil IwdqA1 Lois.
Tj I LugPRIOR
.
PEPSI
. . .
. ...
. .
INIVAINIMMIL-RIAN-111111:
140*4441
: .•
. GI I II I I I WE 111,11111111
All No
..•
.. : .: : :
I If
.•
r : r:
- r .
. - : .
:. 111
: 1 : 11111111 11. 1 r - - 1 F
-III :: :
. .
IROMBJRVA'Atlt�Ew �11 11
.. .
1111111111�;ii 11111 to ANSI
..
11
VA" IN 117,
-. .
9
.. .
:
:. : t:-
. . ..
.
:: :
ilmi
. . .
: -:r:
...
-
.- -
.. .
INS
.oil IwdqA1 Lois.
Tj I LugPRIOR
.
PEPSI
. . .
. ...
. .
•
140*4441
. GI I II I I I WE 111,11111111
ANN
. .
IROMBJRVA'Atlt�Ew �11 11
.. .
1111111111�;ii 11111 to ANSI
..
11
VA" IN 117,
-. .
9
.. .
-r
: =.
.. :.
lot" I ILIA" III I I I -All RIVAIII
11111. INS
14r.1,121
oar. I I is III
osime.Kmm ej awk-A to
wim"wom- I Ii
City of Cape Canaveral
Ordinance No. _-2012
Page 4 of 8
c. d: Chapters or incorporated clubs or veteran's fraternal organizations
conforming to F.S. § 565.02(4).
(3) Package retail sales of alcoholic beverages for carryout, except for beer and
wine sales, shall comply with subsections (a)(1); and (a)(4), .
of this section only.
(4) One parking space shall be provided for each three seats or seating places. All
seats or seating places, whether located within a restaurant area or a bar/lounge area,
will be included in the calculation of the required number of parking spaces. Package
retail sales establishments shall provide parking as determined by the building
official, who shall use the ratios established in article IX of this chapter.
(5) Each application for a special exception shall be accompanied by a vicinity
map, a site plan map and a building floor plan.
rww�.�./ IKR� ■ l•J I I ■• 11.1.1111• Nl 1. �U ■• 1 bl ll�•, •1q.1Ka�ll�l lU • A711111�111 X1.7 �•,.
It
Pw
UJ �RliS.7�1KR.i•
I§Mlr.IRW��IA7ANNI� -1111
: • • • • • i : ■ : ■ ■ ■
City of Cape Canaveral
Ordinance No. _-2012
Page 5 of 8
a. lr. The site plan map shall be drawn at a scale not less than one inch
equals 100 feet and shall indicate the following information:
1. Location and dimension of the proposed establishment's
property lines, all existing and proposed structures, driveways,
parking spaces and ingress/egress points.
2. The following information shall be presented in tabulated
form:
i. Number of parking spaces.
ii. Number of restaurant seats.
iii. Number of bar/lounge seats.
iv. Building area.
V. Lot area.
b. e- The building floor plan shall be of a scale appropriate for the
establishment, but in no case shall the scale be less than one-eighth inch
equals one foot and shall detail room layouts and exits to include a depiction
of all seats inside or outside of the building for restaurant and bar/lounge.
(b) Any special exception granted under this section may be temporarily suspended or
absolutely revoked by majority vote of the board of adjustment at a public hearing, when the
board of adjustment has determined by competent substantial evidence that either:
(1) The establishment has obtained the special exception upon false statements,
fraud, deceit, misleading statements, or suppression of material facts;
(2) The establishment has committed substantial violations of the terms and
conditions on which the special exception was granted;
(3) The establishment no longer meets the requirements of this section or the
Florida Beverage Code; or
(4) The management of the establishment knowingly allowed illegal activities to
be conducted on the premises including, but not limited to, possession or sale of
illegal substances, racketeering, prostitution, lewd and lascivious behavior, and
unlawful gambling.
Prior to any special exception being revoked, the establishment shall be provided
City of Cape Canaveral
Ordinance No. _-2012
Page 6 of 8
with minimum due process including notice of the grounds for revocation and
hearing date, an opportunity to be heard, the right to present evidence, and the right
to cross-examine adverse witnesses.
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 repealed 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 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.
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.
ATTEST:
Rocky Randels, Mayor
John Bond
ANGELA APPERSON, City Clerk Bob Hoog
First Reading:
Legal Ad published:
Second Reading:
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. _-2012
Page 7 of 8
For Against
Approved as to legal form and sufficiency
for the City of Cape Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. _-2012
Page 8 of 8