HomeMy WebLinkAboutP&Z Agenda Pkt. 5-8-2013CALL TO ORDER:
NEW BUSINESS:
%.,ity of Cape Canavera�
PLANNING & ZONING BOARD
REGULAR MEETING
'O,E CANAVERAL PUBLIC LIBRARI
201 POLK AVENUE
MAY 8, 2013
AGENDA
Approval of Meeting Minutes: February 27, 2013.
2. ReCO[ODl8Od8tiOn to City Council Re: ()Kjin@OC8 NO. 06-2013; 8Dl8OdiOg City Code
SBC[iOO 110-1 Definitions, PBlBf8d to parking and paving requirements; providing for
f8DlpOr8FV parking UO UDD@Ved 8ne88; providing @ finished SUrf8C8 requirement for paving;
providing for the [8D8@l Of DFiOF inconsistent ordinances and [8SO1Ufi0OG; iDCOrDO[8fi0n into
the Code; severability; and aOeffective date.
OPEN DISCUSSION:
Pursuant to SeCUOO 206.0105. Florida S18tuteS, the City hereby advises the public that: U8 person decides
to 8pp8@| any decision made by the P|@DDiDg & Zoning Board with respect to any matter considered at this
meeting, that person will need 8 record of the pR}ce8diOQS. 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 iSiOb8based. This notice does not constitute consent bythe City for the
introduction or admission into evidence Of otherwise inadmissible or irrelevant 8VideOC8. OO[ does it
authorize challenges D[appeals not otherwise allowed bylaw.
In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting.
The facility is 8CCRSSib|e to the physically handicapped. Persons with disabilities Deeding 8SSiSi8nQe to
participate in the proceedings should contact the {|OnnrnUnitv& ECOnOrniC Oeve|npnl8Dt Department (O58-
1205)4Ohours inadvance ofthe meeting.
75lONAtlantic Avenue ~P.[).Box 32b—Cape Canaveral, Fl. 32920-0326
Telephone (32l)8b8-l2Ah~Fax (32l)B68-l247
PLANNING & ZONING BOARD
MEETING MINUTES
FEBRUARY 27, 2013
A Meeting of the Planning & Zoning Board was held on Wednesday, February 27, 2013, 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.
MEMBERS PRESENT
Lamar Russell
Harry Pearson
John Fredrickson
Donald Dunn
Ron Friedman
Bruce Collins
John Price
OTHERS PRESENT
Susan Chapman
Kate Latorre
Barry Brown
NEW BUSINESS
Chairperson
Vice Chairperson
Secretary
Assistant City Attorney
Planning & Zoning Director
Approval of Planning & Zoning Board Meeting Minutes - January 23, 2013.
Motion by Harry Pearson, seconded by Ron Friedman to approve the Meeting Minutes of
January 23, 2013. Vote on the motion carried unanimously.
Barry Brown advised that the next two agenda items were Special Exception requests for
outside storage on two adjoining parcels.
Barry Brown announced that John Walsh, Deputy Executive Director of Infrastructure, Port
Canaveral, was present to answer any questions, if needed.
2. Recommendation to Board of Adjustment Re: Special Exception Request No. 13-02
to Allow Outside Storage of Import and Export Cargo, primarily consisting of
vehicles lumber, and shipping containers in the M-1 Zoning District at 209 George
King Blvd. - Randall L. May, Authorized Agent for CEMEX Construction Materials
Florida, LLC, Property Owner.
Barry Brown gave his Staff Report. He described the subject property and summarized the
Request. The Board viewed an aerial outlining the subject property. The Board reviewed
and discussed the Special Exception Worksheet.
Following discussion, Barry Brown advised that Staff recommended approval, with certain
conditions, as follows:
Landscaping shall be provided along George King Boulevard.
2. Clarification that the Use is not a Commercial Parking Facility, and parking for
cruise ship patrons will not be allowed.
Planning & Zoning Board
Meeting Minutes
February 27, 2013
Page 2of7
3. The stacking of cargo containers shall be limited to three containers high.
The Board discussed Staffs recommended conditions. Randy May agreed to the conditions.
Chairperson Russell opened the floor for public comment.
Residents voiced concerns regarding potential increased traffic on N. Atlantic Avenue and
vehicular access. Randy May verified that there would be no access for vehicular traffic
from N. Atlantic Avenue. All traffic would be from George King Boulevard and Marlin Street.
Motion by Donald Dunn, seconded by Ron Friedman to recommend approval to the Board
of Adjustment. Vote on the motion carried unanimously. Discussion followed. Motion by
Bruce Collins, seconded by Harry Pearson to clarify that the Board's recommendation
includes all conditions recommended by Staff. Vote on the motion carried unanimously.
3. Recommendation to Board of Adjustment Re: Special Exception Request No. 13-03
to Allow Outside Storage of Import and Export Cargo, primarily consisting of heavy
equipment, vehicles, lumber, and shipping containers in the M-1 Zoning District on
Vacant Parcel 258.0 - Randall L. May, Authorized Agent for Maysen Properties, LLC,
Property Owner.
Barry Brown advised that this property abutted the property from the previous Special
Exception Request. He gave his Staff Report, described the subject property, and
summarized the Request. The Board viewed an aerial outlining the subject property. The
Board reviewed and discussed the Special Exception Worksheet.
Following discussion, Barry Brown advised that Staff recommended approval, with certain
conditions, as follows:
1. No access shall be provided from N. Atlantic Avenue.
2. There shall be a natural vegetative buffer provided along the east property line.
3. The Use is not a Commercial Parking Facility, and parking for cruise ship patrons
will not be allowed.
4. The stacking of cargo containers shall be limited to three containers high.
The Board discussed Staffs recommended conditions. Randy May agreed to the conditions.
Chairperson Russell opened the floor for public comment.
James Zabroski, resident, and V.P. of Portside Villas HOA, inquired about the hours of
operation, noise buffering, devaluation of surrounding properties due to adjacent aggregate
operation, and potential chemical spills. Randy May advised that the normal hours of
operation would be 8 a.m. - 5 p.m.; Monday -Friday; chemicals and fuel will not be stored.
Any spills will be cleaned -up and disposed of properly. Mr. Zabroski stated that the
residents of Portside Villas objected to the granting of the Request, because it will further
devaluate their property.
Planning & Zoning Board
Meeting Minutes
February 27, 2013
Page 3 of 7
Gail Doscher, resident, inquired about plans to clean up any spills from chemicals and diesel
fuel being stored on the property. Randy May confirmed that they are not storing chemicals
or fuel.
Ray Osborne, City Historian, inquired if there were any known historical resources on the
site, such as: Indian artifacts, historical relics, or any items of historical value. Randy May
answered that he did not know of any previous structures or Indians on the site.
Chairperson Russell advised that the City Code addresses historical relics, artifacts, or items
of historical value.
Craig Kittleson, resident, Harbor Heights, asked if there was a requirement for a wall or
barrier between commercial property and residential property? Chairperson Russell advised
that the City Code addresses separation requirements for fences, walls, hedges, vegetation,
landscaping, and buffering. Barry Brown advised that a 20 ft. buffer was reasonable. Randy
May advised that in addition to the 20 ft. natural vegetative buffer, a fence would be placed
along the property's eastern boundary.
William Folkarely, resident, Port Canaveral Trailer Park, inquired about traffic, ingress and
egress, and lighting. He asked if the lot will be paved or dirt? Barry Brown answered that
as per City Code, where the equipment is stored will be paved and where containers are
stored is not required to be paved. Randy May advised that there would be no ingress or
egress from N. Atlantic Avenue. Chairperson Russell advised that the City Code does not
require lighting. Mr. Folkarely requested that there be a 50 ft. buffer or a sound barrier wall.
Elizabeth Eberwein, owner of Port Canaveral Trailer Park, asked for as much buffering as
possible. Ron Friedman recommended that a minimum 30 ft. buffer be provided along the
east property line, because of the impact on existing residents. Discussion followed. Randy
May advised that he did not want to construct a wall. He agreed to a 20 ft. vegetative buffer;
however, if it turns out that the 20 ft. buffer is inadequate for the neighboring property, he will
work out a solution with that property owner.
Motion by Bruce Collins, seconded by Harry Pearson to recommend approval, with the
following conditions:
1. No vehicular access shall be provided from N. Atlantic Avenue.
2. There shall be a minimum 20 ft. natural vegetative buffer provided along the
east property line.
3. The Use is not a Commercial Parking Facility. Parking for cruise ship patrons
will not be allowed.
4. The stacking of cargo containers shall be limited to three containers high.
5. A sign shall be posted stating that no commercial or cruise parking is allowed.
Planning & Zoning Board
Meeting Minutes
February 27, 2013
Page 4 of 7
Motion carried by a (5) to (1) majority vote as follows: Bruce Collins, for; Donald Dunn, for;
John Fredrickson, for; John Price, for; Ron Friedman, against; Lamar Russell, for; and Harry
Pearson, for. Ron Friedman advised that the only reason he voted against the motion was
because of the width of the buffer.
Chairperson Russell advised that the recommendations would move forward to the Board of
Adjustment.
4. Recommendation to City Council Re: Planned Development No. PD 2013-01 to
Allow for a Helicopter Tour Business on Vacant Parcel 804.0 - Mark Grainger,
Authorized Agent for Sheldon Cove, LLP, Property Owner.
Barry Brown advised that this was a request for a Planned Development (PD) Zoning and
Land Use Plan, within the A1A Economic Opportunity Overlay District, for a helicopter tour
operation, per Code Section 110-609; and to retain all uses allowed in the C-2
Commercial/Manufacturing Zoning District. He described the property, and noted that the
property fronts A1A and Imperial Boulevard. The Board viewed an aerial map. Barry
Brown pointed -out surrounding properties and their uses; and gave his Staff Report. He
advised that the proposed Use is considered an Attraction and Destination Use, pursuant to
the PD process. He outlined the steps for processing a PD. He advised that the City's
Development Review Committee met to consider the Request and recommended approval.
He advised that the next step after the PD Zoning and Land Use Plan would be a site plan
that will come before the Planning & Zoning Board for recommendation.
Barry Brown stated that per Code, the applicant will need to provide an office and
restrooms. He read the related Code Section and advised that the applicant is requesting to
be allowed to have a temporary structure as an office, for a period of 36 months, which is
the life of the lease for the property. He explained that the issue needed to be addressed in
the PD Zoning and Land Use Plan. He pointed out that the Code currently allows a
temporary structure for up to 6 months; however, through the PD process the City could
allow for a temporary structure for a longer period of time. He further advised that the
applicant may also want to use a surplus military helicopter as an office. He reported that
the building will need to be connected to the City of Cocoa's central water system; access to
the site will be from Imperial Boulevard, no access from A1A; parking will be provided on an
existing paved parking area located on the property; the site will need to be cleaned -up of
overgrowth of undesirable plant species and debris to make it more of an asset to the City;
and the proposed hours of operation are 9 a.m. - 9 p.m.; Monday -Sunday.
Ron Friedman asked how the office would be tied into the City sewer system, as required by
Code. Barry Brown answered that he will either tie into the City sewer system or have an
office structure with a bladder, which can be pumped out periodically. He advised that the
City's Public Works Director is comfortable with a bladder type system. He would contact
the Public Works Director about his interpretation of the Code, and invited Ron Friedman to
do the same.
Planning & Zoning Board
Meeting Minutes
February 27, 2013
Page 5 of 7
Mark Grainger, Applicant, advised that he currently has a helicopter and bi-plane business
at the Merritt Island Airport. He was requesting to use the property in question for base
takeoffs and landings of his helicopter ride business. He believed that this property would
be ideal for this use, because it directly allows him to depart and arrive on a path to the
northeast which avoids fly over of any residential area. He advised that the helicopter he
plans to use is a Robinson 44, which is advertised by the manufacturer to be the quietest
production engine helicopter produced; it puts out approximately 81 decibels directly
overhead at 500 ft.; and holds 3 passengers, plus the pilot. He stated that the helicopter will
never fly over A1A, or West and East of A1A, or over any land mass, because there is
plenty of area to depart and land to the northeast and stay over the industrial area. He
noted that Mr. Massoni, owner of Florida Beer Company, supported the Request and hoped
to co -market the concept of a tourist destination. Discussion was held regarding location of
power lines on the North end of the property; approach and departure; flight paths; noise
and decipal levels; FAA regulations, requirements, and certification of the airfield; the
helicopter will be hangered at the Merritt Island Airport; maintenance will be performed at
the Merritt Island Airport; helicopter refueling will be performed on site by fuel truck; there
will be no fuel or oil stored on site; some repairs may be done on site; there will be no
security screening of passengers. He spoke about a recent helicopter incident at the Merritt
Island Airport where there was a mechanical failure and subsequent crash of his helicopter.
Discussion was held regarding serenity of the residential neighborhoods; disturbances of
noise to residents and business employees; distraction for drivers traveling along A1A;
safety concerns; quality control of pilots and monitoring enforcement of flight routes.
Chairperson Russell called a five minute break at 9:02 p.m. The meeting reconvened at
9:10 P.M.
Chairperson Russell opened the floor for public comment. He limited public comments to
three minutes.
Kim Rezanka, Attorney, advised that she was retained by the owners of the AJT building,
8890 Astronaut Blvd. She advised that the owners are concerned about noise, compatibility,
and safety. They are concerned about the impact of their ability to retain and acquire new
tenants. She advised that the building has a lot of glass and windows; current tenants are
government contractors who need quiet to concentrate. She was unclear if the new Planned
Development Code was followed properly and if all required exhibits were provided. Since
she was just retained the morning of this meeting by the owners of AJT, she did not have
time to review the file and confirm that all the required items had been submitted. As per
Section 110-30 (1) (c), Due Process, she respectfully requested a continuance. She also did
not believe that her client as an interested party received proper and sufficient notice. She
believed that there was insufficient time to review the land use application, per Section 110-
742 (b). She advised that her review of the agenda packet lead her to conclude that there is
no actual plan that has been reviewed; Staff has only reviewed a Use. She also requested a
continuance to allow a flight demonstration with a noise expert, during a normal business day
when people are working in the AJT building and surrounding businesses. She needed time
to review the application and criteria required by Code. She pointed out that the second item
of the criteria deals with compatibility. She advised that the property is located in a
commercial zone, not a tourist zone. She advised that the documentation
Planning & Zoning Board
Meeting Minutes
February 27, 2013
Page 6of7
provided by the applicant is from the company that he is buying the helicopter from; and the
company is using an average weight of decibels, it does not use an average noise level of
what people actually hear. She submitted an exhibit (Exhibit A) and explained the contents
of that exhibit. She respectfully requested that the Board grant a Continuance to allow time
for the application to be properly evaluated, including a demonstration with the proposed
helicopter and noise measurements performed by an expert; and for the City to provide
proper notification; or the Board deny the application in its entirety.
Residents voiced concerns regarding: noise; privacy; safety; distraction; property values;
quality of life; serenity; annoyance; disconcerting; incompatibility; site utilization; eyesore;
increased traffic; no tax incentives from this type of tourist business; and need for an
aviation acoustics expert. Positive comments from business owners, representatives from
the Brevard County Tourist Council, and Cocoa Beach Chamber of Commerce included:
applicant has integrity and is trust worthy; a man of his word; operation would be a good
business model for tourism; a new tourist attraction to the area; give the applicant a chance;
positive feedback from customers surveyed of existing tours from this business; the
applicant has a good track record; and the Use is allowed by Code. Mark Grainger
responded to the comments.
Motion by Donald Dunn, seconded by Ron Friedman to recommend denial of the request.
Motion failed by a (5) to (2) majority vote against the motion, with members voting as
follows: Bruce Collins, against; Donald Dunn, for; John Fredrickson, against; John Price,
against; Ron Friedman, for; Lamar Russell, against; and Harry Pearson, against.
Motion by Bruce Collins, seconded by John Price for a continuance. Discussion followed
regarding: exploring measurements of decibel levels; obtain and review helicopter data;
obtain input from FDOT with respect to proximity to A1A; obtain information from the FAA
and certification criteria; explore security options; study emergency response capability; ask
the applicant to conduct a noise decibel test with that aircraft; and ask the applicant to
conduct multiple launch and landings with the aircraft so that decibel levels can be
measured under multiple conditions; increase the distance for notification to property owners
regarding the request; and address Attorney Rezanka's concerns. Motion carried by a (5) to
(2) vote for the motion, with members voting as follows: Bruce Collins, for; Donald Dunn,
against; John Fredrickson, for; John Price, for; Ron Friedman, against; Lamar Russell, for;
and Harry Pearson, for.
Discussion followed regarding scheduling the continuance. Following discussion, the Board
decided not to reschedule the continuance to a date certain.
Discussion was held regarding notification to property owners when the Board will meet to
continue its consideration and recommendation of the Request. Barry Brown advised that
the Code does not have specific notification requirements for this type of request. He
advised that Staff would send property owner notices, post the meeting information on the
City website, City Hall marque, and in the Local Briefs Section of the Florida Today
newspaper.
OPEN DISCUSSION:
No open discussion was held.
Planning & Zoning Board
Meeting Minutes
February 27, 2013
Page 7 of 7
There being no further business the meeting adjourned at 10:25 p.m.
Approved on this day of , 2013.
Lamar Russell, Chairperson
Susan L. Chapman, Secretary
Subject: Ordinance No. 06-2013; amending City Code Section 110-1 Definitions,
related to parking and paving requirements; providing for temporary parking on unpaved
areas; providinq a finished surface requirement for paving; providing for the repeal of
prior inconsistent ordinances and resolutions; incorporation into the Code; severability;
and an effective date.
Department: Community and Economic Development
Summary: The Code calls for all parking areas to be paved per Section 110-555.
Paving of vehicular use areas. 'All commercial and industrial areas used for the display
or parking of any and all types of vehicles, boats or heavy construction equipment and
all land upon which vehicles traverse the property as a function of the primary use,
including but not limited to drives, parking, service and display areas, shall be paved."
Ordinance No. 06-2013 addresses the need to allow for temporary parking on unpaved
areas as part of a permitted outdoor entertainment event or City special event. Such
parking may be approved by the City Manager or designee and shall apply only to
properly licensed operable motor vehicles for a specified limited duration. See attached
minutes with request from Joyce Hamilton.
Also, a definition for "finished surface" has been added to clarify that paving shall have a
finished surface and that "millings" do not qualify as paving.
Submitting Director Barry Brown Date:05/01/2013
WiNiF.Mirat =-a
Staff recommends that Planning & Zoning Board take the following action:
Recommend approval of Ordinance No. 06-2013.
ORDINANCE NO. 06-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CITY CODE SECTION 110-1 DEFINITIONS,
RELATED TO PARKING AND PAVING REQUIREMENTS;
PROVIDING FOR TEMPORARY PARKING ON UNPAVED
AREAS; PROVIDING A FINISHED SURFACE REQUIREMENT
FOR PAVING; 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, the City of Cape Canaveral City Council believes community events, such as
approved outdoor entertainment events, contribute to the general quality of life for the residents of
Cape Canaveral; and
WHEREAS, the City of Cape Canaveral City Council acknowledges that the successful
execution of such events may require the use of temporary parking on unpaved areas, as approved
by the City; and
WHEREAS, notwithstanding the provision for temporary parking on unpaved areas
outlined herein, the City of Cape Canaveral City Council desires to expand the definition of paving,
to clarify that a finished surface is a requirement of paving work; 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 110, Zoning, of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows underlined type indicates additions and str-ikee t
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):
City of Cape Canaveral
Ordinance No. 06 - 2013
Page 1 of 4
CHAPTER 110. ZONING
ARTICLE I. 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 the section, except where the context clearly indicates a different meaning:
Finished surface, as it relates to the definition of "paving" in this section, means manipulated
by tool or machine to effectuate a uniform consistency and smoothness in accordance with industry
standards, in a workmanlike manner.
Paving may consist of the following materials: macadam, asphalt, tar, cement, concrete,
pervious concrete, bricks, tile, pavestone, tilestone, flags, flagstone, flagging, cobblestone, cobbles,
curb, kerb, curbstone, kerbstone, edgestone and curbing. Allap ving material shall have a finished
surface and must be contained by a permanent border and properly maintained.
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 2.OFFSTREET PARKING
Sec. 110492. - Location of spaces.
(a) Parking spaces for all residential uses shall be located on the same property as the main
building, except that one-half the total number of required spaces for multiple -family
dwellings, townhouses and mobile homes may be located in a common parking facility not
more than 200 feet distant from the nearest boundary of the site.
(b) Parking spaces for other uses shall be provided on the same lot or not more than 500 feet
distant.
(c) Parking requirements for two or more uses of the same or different types may be satisfied by
the allocation of the required number of spaces for each use in a common parking facility.
(d) Required offstreet parking areas for seven or more automobiles shall have individual spaces
marked and shall be so designed, maintained and regulated that no parking or maneuvering
shall be on any landscaped buffer, public street, walk or alley and so that any automobile may
City of Cape Canaveral
Ordinance No. 06 - 2013
Page 2 of 4
be parked and unparked without moving another, allowing, however, a driveway of not more
than 24 feet total on any street or alley for ingress or egress to the offstreet parking area.
(e) Parking spaces, access drives and aisles, and dumpster areas are permitted within setbacks.
(f) Temporary parking on unpaved areas may be approved by the city manager or designee as
part of a permitted outdoor entertainment event or city special event. Such approval shall
apply only to properly licensed operable motor vehicles for a specified limited duration.
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 of 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
, 2013.
Rocky Randels, Mayor
ATTEST: For Against
John Bond
ANGELA APPERSON, Bob Hoog
City Clerk/Assistant City Manager
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 06 - 2013
Page 3 of 4
First Reading:
Legal Ad published:
Second Reading:
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. 06 - 2013
Page 4 of 4
City of Cape Canaveral, Florida
City Council Regular Meeting
February 19, 2013
Page 5 of 6
2gXri%,2n.9Arss areas for special events. Attorney Seth Chipman, representing Mr. &
owners in ffie�- 2 00 Block of Central Blvd. noted his clients'
Mrs. Pierson, pFopeRy-,
opposition to the Ordinance due to the lack of consistency with uses in the
neighborhood and the City's Vision Statement. To prohibit the parking of these items in
residential neighborhoods is not in the best interest of the community. Concerns raised
by Attorney Chipman were discussed and included the proposed Town Center and
Mixed Use Zoning. Charles Pindziak inquired as to what property would allow for
outside storage, to which Mr. Brown responded M1. The Public Hearing was closed.
Further Council comments were received. A motion was made by Council Member
Hoog, seconded by Council Member Petsos, to adopt Ordinance No. 05-2013. The
motion carried 5-0 with voting as follows: Mayor Pro Tem Bond, For; Council
Member Hoog, For; Council Member Petsos, For; Mayor Randells, For; and
Council Member Walsh, For.
1:4:14101-atfl
Mayor Pro Tem Bond welcomed Finance Director John DeLeo and Leisure Services
Director Gustavo Vergara. He noted the large turnout for the Sea Oats Planting and
thanked Council Member Petsos for his work on this project.
Council Member Petsos thanked Public Works Services for their work on the Sea Oats
Planting Project.
Council Member Hoog welcomed Finance Director John DeLeo and Leisure Services
Director Gustavo Vergara.
Mayor Randels noted his work to emcee the Politicos on Parade VI, sponsored by the
League of Women Voters. He noted his participation in a "Trike-a-Thon" held at
Manatee Sanctuary Park raising funds for St. Judes. The event involved approximately
25, three to five year old children. Mayor Randels explained the City of Cocoa Beach is
requesting support for their request to obtain tourist tax dollars that will be available
after the loan for the Baseball Stadium is paid in April 2013. They would like a
municipal pier, beach or boardwalk, and/or a surf pa rk/desti nation beach resort. He
noted Cocoa Beach was voted one of the top three beach cities in the State. Mayor
Randels noted at the February 14th Space Coast Transportation Planning Organization
(TPO) meeting the TPO's Legislative Priorities to the State Department of
Transportation were amended to include the AIIA Corridor Improvements as
recommended in the Feasibility Study.
n
From: Todd Morley
Sent: Friday, April 12, 2013 3:01 PM
To: Barry Brown
Subject: RE: Ord. 06-2013 - Parking Revisions
Barry,
Than](s.
When you. create your agenda cover, please be sure to include the Council meeting minutes from the Jan or Feb
meeting where Joyce Hamilton raised this issue.
Her idea is where this started.
Thanks,
Todd
Todd Modey
C01111TIMlily & Econoniic Development Director
City of Cape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FI -132920
(329) 868-1222 xN (321)868-1247(flax)
[.ill od eycy'��' h V o fcap'�"gimlver'a I or ,
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I-Ifill"S' 10 IV, it is' I'I'P to Ille'!
From: Barry Brown
Sent: Friday, April 12, 2013 2:19 PM
To: Glenn Pereno; John Pekar (,IoVIgp xor'0; Jeff Ratliff; Lonnie Dunn; John Cunningham
Cc: Susan Chapman; Todd Morley
Subject: FW: Ord. 06-2013 - Parking Revisions
TO aH:
Nease reViEM and is vyrrtter� comments reganding the attachEA ord9nance. � know this is short notice, but pBease
provide your written cornments to me by noon this coniung -ruesday, Aprid 16, 201.3, as rrry packet to the Nanny rig and
Zoni,ng Board rnust be dstributed the next day, Thz'flnks.
23'a',rry 20,'o-nl-n.
Narining and Zoning Director
City of Cape CanaveraG, Horda
1,2.... bermvrrr rkierityg f pbw¢ arIaVe a L o
(321) 868--1,206
From: Todd Morley
Sent: Friday, Agril 12, 2013 1: 10_Lk
From: Lonnie Dunn
Sent: Friday, April 12, 2013 3:54 PIVI
To: Barry Brown
Subject: RE: Ord. 06-2013 - Parking Revisions
HeHo flklriy�
Lmoks good to nicrt
Have,a -rcai, erre ni I mg Mid weekend,
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of Ca 1) e Ca iwav e i -a li
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Office Phone: 321-868 1240
Officc,Fa,U 321 868-1233
From: Barry Brown
Sent: Friday, April 12, 2013 2:19 PM
To: Glenn Pereno; John Pekar g'I@.H,-c.on.').); Jeff Ratliff; Lonnie Dunn; John Cunningham
Cc: Susan Chapman; Todd Morley
Subject: FW: Ord. 06-2013 - Parking Revisions
To AVE:
Ne ase rev�ew and provVde written comrrients regarding the attached ordhiance. d know this Ger short nodce, bUt L. ase
.1
provide your written cornments tcrne hly noon ths coniingI"Uesday, App it V5, 2013, as rny pac.ket to the 113dainrflng arid
Zoning Board must be distributed the next day. Thanks.
I?ai,,r,y 23),-o,wi,,?
Nanning and Zwdng N,ector
Oty of Cape Canavera, Florda
(I"M 868-1.206
From: Todd Morley
Sent: Friday, April 12, 2013 1:10 PM
To: Barry Brown
Subject: Ord. 06-2013 - Parking Revisions
Barry,
Please find draft ordinance 06-2013 attached and forward for review and comment.
We'd like to be on the May Council agenda for I" reading.
Thanks
From: Jeff Ratliff
Sent: Friday, April 12, 2013 4:26 PIVI
To: Barry Brown
Subject: RE: Ord. 06-2013 - Parking Revisions
Barry:
i reaNy d'tldn't see any issues as far as PWS Cs concerned
I'hanks,
Jeff
From: Barry Brown
Sent: Friday, April 12, 2013 2:19 PM
To: Glenn Pereno; John Pekar Jeff Ratliff; Lonnie Dunn; John Cunningham
Cc: Susan Chapman; Todd Morley
Subject: FW: Ord. 06-2013 - Parking Revisions
To aH:
Please revew and provide written comrnents regairdIng the attached ordinance. H know this is, short notice, but please
provide your written cornnIEMtS W me by -noon U,0s coming I'Liesday, April 16, 2013, as my �,,)acket to Lhe Piannirn and
Zoning Board awst [,)e cfistributed the next day,, H-ianks,
9.?(,,i,9''i,y 23,rcnvri,
Narnnkig and Zoning Director
(.,ity of Cape CanaveraR, Horxda
b.lbucysrmua@6t ygfr,p!
(321.) 868-1.206
From: Todd Morley
Sent: Friday, April 12, 2013 1:10 PM
To: Barry Brown
Subject: Ord. 06-2013 - Parking Revisions
Barry,
Please find draft ordinance 06-2013 attached and forward for review and comment.
We'd like to be on the May Council agenda for I" reading.
Thanks
Todd
Todd Modey
Coninitmity & E.,"conomic Developrnent Director
City of'( ' I ape Canaveral
7510 N. Atlantic Ave.
P.O. Box 326 Cape Canaveral, FL 32920
(321) 868-1222 x14 (321) 868-1247 (tax)
LmoPsi e. , City
Barry Brown
From: John Pekar <johnpekarpe@gmail.com>
Sent: Tuesday, April 16, 2013 9:51 AM
To: Barry Brown
Cc: Glenn Pereno; Jeff Ratliff; Lonnie Dunn; John Cunningham; Susan Chapman; Todd
Morley
Subject: Re: Ord. 06-2013 - Parking Revisions
Barry,
The proposed parking revisions look good. While not a big issue, the paving definition might allow other
materials to be approved by City Manager or designee.
Some examples might include:
Recycled Concrete
Various Infiltration Pavers
Other Newer Materials Coming out on the Market
John Pekar
On Fri, Apr 12, 2013 at 2:18 PM, Barry Brown <Ulro wrote:
- ----------
Nease reviewand provide writlen corrinlents reg'an.fing0'.1callactled ordirmnce. I knowthis is s�iort no[Jce, bUL
YOUr written cornraents to me by noun diis cornino Tue�,;day, April p6, 2013, as rny packet. to d"ie
11,anning and Zoning Board 1111USL [)c dktributcd the next day. Th",Inl'rS.
Darn,) 13raw'n,
llfanrdng and Zoning Director
(I , ity of C'ape Cainaveral., Horida,
b,bro
Barry Brown
From: Glenn Pereno
Sent: Tuesday, April 30, 2013 3:07 PM
To: Barry Brown
Subject: Ordinance No. 06-2013; Parking/Paving
Barry:
Reviewed Ordinance NO. 06-2013; Parking/Paving, appears to be in order.
Thank you,
Glenn Pei,eno, ffidlding Official
Counmunity & Economic Developmentl Department
City of Cape C:xnavei-al
7510 N. Atlantic Ave.
"What a, Itbxl does 1'(,.)r Idniself dics with him,
I'm[ "Fliat a it (Io'es 1,61, I'ds ("'Onliquinit"7 Ljvc�s fix'ever"
Auffior Unknown
i v(,r,, hroad puNic j ft 1 o�e�l d ) ,, o,j 1� ,! 1 „(fj , 11 i) Wf-d loft u of it ty n! Cn("I[ nI �)Mnrflk. -Indl
vuui m to �t ptlbh�' lf,q,.wf?' do i)f't! �'mO fd(�(Jlm)w !Ju h-)"-J1dow oc by ph()Mn vvttinf�
Barry Brown
From: John Cunningham <]cunningham@ccvfd,org>
Sent: Tuesday, April 3O,20I34:07PM
To: Barry Brown
Subject: RE: Ord. No. O6-2Ol3
Barry,
There is no part of the Fire Code that pertains to this ordinance, "Thanks
From: Barry Brown
Sent: Tuesday, April 3O,20132:36PM
To: John Cunningham
Subject: Ord. No. 06-2013
John,
This isafollow uptoanemail | sent onFriday, April 12,2O13. Please review and provide written comments regarding
the attached Ordinance by 10arn tomorrow, Wednesday, morning as my P&Z packet is due by 1pm. Thanks.
Barry Brown
Planning and Zoning Director
City ofCape Canaveral, Florida
(321) 868-1206
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