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HomeMy WebLinkAboutMinutes 04-18-2017CITY COUNCIL REGULAR MEETING CAPE CANAVERAL LIBRARY MEETING ROOM 201 Polk Avenue,Cape Canaveral, Florida TUESDAY April 18, 2017 6:00 PM MINUTES CALL TO ORDER: The Chair called the Meeting to Order at 5:57 P.M. Council Member Brown led the pledge of allegiance. ROLL CALL: Council Members Present: Council Member Mike Brown Mayor Bob Hoog Mayor Pro Tem Brendan McMillin Council Member Rocky Randels Council Member Betty Walsh Others Present: City Manager David Greene City Attorney Anthony Garganese City Clerk Mia Goforth Administrative/Financial Services Director John DeLeo Capital Projects Director Jeff Ratliff Community Development Director David Dickey Culture and Leisure Services Director Gustavo Vergara Economic Development Director Todd Morley Public Works Services Director Ralph Lotspeich Community Engagement/Deputy Public Works Services Director Joshua Surprenant Brevard County Sheriff's Office Lieutenant Andrew Walters Assistant City Attorney Kristin Eick PUBLIC PARTICIPATION: Linda Hagen, 732 Bayside Drive, thanked the Brevard County Sheriff's Office for recent arrests in the community, expressed concerns about drug activity in the City and requested drug free zone signage.Mayor Hoog thanked her for the concerns and indicated the City is working on improving the situation. Hope Turner, Real Estate Broker, spoke on behalf of a client who owns a unit at Ocean Park Condos North. Mayor Hoog apologized for calling her name and stated he would call her again during Agenda Item numbers 7 and 8. John Benton, 301 Imperial Boulevard, shared his concerns regarding the June 2014 Code Enforcement Board Meeting. City of Cape Canaveral, Florida City Council Regular Meeting April 18, 2017 Page 2 of 7 CONSENT AGENDA: Mayor Hoog inquired if any items were to be removed from the Consent Agenda for discussion. No items were removed. 1. Approve Minutes for March 21, 2017 Regular City Council Meeting. 2. Resolution No. 2017-05; reappointing Members to the Community Appearance Board of the City of Cape Canaveral; providing for the repeal of prior inconsistent resolutions; severability and an effective date. (Bob Nienstadt and Angela M. Raymond) 3. City Council Proclaim Saturday, May 20, 2017 as "National Kids to Parks Day" in Cape Canaveral. 4. Award Bid for construction of Banana River and Manatee Sanctuary Parks Shoreline Protection Project to SDV Services, LLC of Titusville, Florida, in the amount of $232,664 and authorize City Manager to execute Construction Agreement for same. 5. Approve Amendment to Work Squad Contract #W1082 between Florida Depai lucent of Corrections and City of Cape Canaveral in the amount of $57,497 and authorize City Manager to execute Amendment for same. A motion was made by Council Member Randels, seconded by Council Member Walsh, to approve the Consent Agenda. The motion carried 5-0. PUBLIC HEARINGS: 6. Ordinance No. 04-2017; establishing minimum dimensions for automobile parking spaces within the City; providing for the repeal of prior inconsistent ordinances and resolutions, severability,incorporation into the City Code and an effective date,second reading.: City Attorney Garganese read the title into the record and reviewed the item. Discussion ensued and included measuring parking spaces in and outside the City limits, obtaining twenty-percent more building footprint with the reduction of asphalt if the Ordinance is passed and have Staff research applying that twenty-percent towards greenspace as an alternative. The Public Hearing was opened. An audience member inquired if parking spaces could be combined to include sub-compact cars with the larger spaces available. Mayor Pro Tem McMillin responded Staff will be looking into that idea and how this is the first step to clean up the Code. The Public Hearing was closed. Council discussion included compact car parking allowed in some Cl district areas. A motion was made by Mayor Pro Tem McMillin, seconded by Council Member Walsh, to approve Ordinance No. 04-2017, as written. The motion carried 4-1 with Council Member Randels voting against. 7. Ordinance No. 05-2017; amending the City of Cape Canaveral Comprehensive Plan Future Land Use Element by establishing a policy to authorize the City Council to issue Vested Rights Certificates vesting residential densities for certain existing condominium, townhouse or other multi-family development projects that exceed the current maximum residential densities established in the Comprehensive Plan in accordance with the terms and conditions of Land City of Cape Canaveral, Florida City Council Regular Meeting April 18, 2017 Page 3 of 7 Development Regulations to be subsequently adopted by the City Council consistent with this Ordinance; providing for the repeal of prior inconsistent ordinances and resolutions, severability., incorporation into the Comprehensive Plan, an effective date and legal status of the Plan amendments, first reading.: City Attorney Garganese read the Ordinance title into the record and explained the process and reason for a text change to the City's Comprehensive Plan: Ordinance No.05-2017 works in conjunction with Ordinance No.06-2017 to implement the Plan Amendment when adopted; the dilemmas faced by City Council and property owners with current maximum residential density standards and consequences of not amending the Comprehensive Plan. Discussion ensued and included impacts of a natural disaster,how the Amendment does more than make existing properties lawful prior to January 1, 2016; backlog of buildings prior to the City's incorporation when Brevard County issued Certificates of Occupancy, condominiums versus apartment complexes and how property units had been combined in the past, complexity of the issue being property owners cannot sell their units now due to the current Code and confirmation by City Attorney Garganese there would be no conflict of interest regarding City Council Members abilities to vote on the item in addition to the fact Council Members have an obligation to vote. The Public Hearing was opened. Hope Turner, Real Estate Broker, voiced concerns for a client's struggle to sell a condominium due to the density issue, urged for an expeditious solution and submitted a folder of information into the record.Mayor Hoog stated the City is moving as quickly as possible. Michael Dujovne, Attorney, expressed support for both Ordinances and stated he believes this provides a good and fair solution to the issues. Terri Bowman, owner of 131 Oak Lane, expressed the Plan is probably a good idea, inquired about Vested Rights Certificates and pointed out a possible loophole in the language of the second Ordinance. The Public Hearing was closed. Discussion ensued and included condominiums, townhouses and multi-family properties. A motion was made by Council Member Randels, seconded by Mayor Pro Tem McMillin, for adoption of Ordinance No. 05-2017, at first reading. The motion carried 5-0. 8. Ordinance No. 06-2017; adopted to implement City Comprehensive Plan Future Land Use Policy LU-1.3.4; providing for an amendment to Chapter 115 of the City Code to establish a procedure and terms and conditions under which the City Council will determine whether to grant and issue a Vested Rights Certificate vesting the residential densities of a completed residential condominium, townhouse or other multi-family/apartment development projects existing on January 1, 2016; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the Code; severability and an effective date, first reading.: City Attorney Garganese read the Ordinance title into the record and explained the implementation process of this companion to Ordinance No. 05-2017, Staff will prepare a detailed catalog of properties for Council preliminary review,the City would provide various public notices regarding vested rights with regard to condominiums and townhomes and each Vested Rights Certificate would be signed by the Mayor and City Clerk and recorded in the Public Record. City Attorney Garganese explained the issues regarding multi-residential apartments and the City's process for redevelopment of those projects and the policy standpoint being open for discussion regarding a schedule for apartment complex owners. Discussion ensued and included adopting an enabling Comprehensive Plan Ordinance to allow the City to address all affected properties and eligibility. The Public Hearing was opened. Hope Turner, Real Estate Broker, inquired about the timeframe for cataloging the properties. City Attorney Garganese stated it would be no later than one hundred and twenty days from the effective date of Ordinance No. 06-2017. Terri Bowman, owner of 131 City of Cape Canaveral, Florida City Council Regular Meeting April 18, 2017 Page 4 of 7 Oak Lane, requested clarification regarding project types to which the Ordinance applies. Community Development Director Dickey confirmed there are no unconstructed projects related to this item. Arvo Eilau, 550 Jackson Avenue, pointed out the need to clarify language regarding the intent of the requirement for vesting rights and partial property sales. City Attorney Garganese indicated that is covered in the Vesting Rights Certificate application. Lamar Russell, 376 Harbor Drive, provided his opinion and advice to Council. Discussion ensued and included how to solve problems on both sides of the issue regarding apartments and condominiums and options for both types of properties, incentives to cause redevelopment of properties throughout the City, development agreements, vesting rights issues and negotiations, investors outside of Brevard County redeveloping these types of projects, how this City was first in the State to apply for and get approved for a Comprehensive Land Use Plan and how a number of Cities were unaware of this issue. The Public Hearing was closed. A motion was made by Council Member Randels, seconded by Council Member Brown, for adoption of Ordinance No. 06-2017, at first reading. The motion carried 5-0. The Chair called for a recess at 7:38 p.m. The Chair called the Meeting back to order at 7:49 p.m. ITEM FOR ACTION: 9. Variance No. 2017-01 includes: a variance to allow for a 25 foot setback rather than the 50 feet required by Section 110-536(a)(2); and to allow for a 58.4 foot lot depth rather than the 100 feet required by Section 110-336(2). The subject parcel is undeveloped and is located on N. Atlantic Avenue (Attachment 1) - APPEAL.: City Attorney Garganese stated the scope of the Appeal Hearing involves the Application for Variance No.2017-01,the final decision of the Board of Adjustment made March 2, 2017 related to a zoning variance request filed under that Application and City Code Section 110-33 allowing the Appeal of that decision to the City Council for a de novo hearing;Mr.Bernie Lennon filed the Appeal on March 12, 2017 and the City Council will now hear and consider the evidence and testimony of any interested party including, but not limited to, the Applicant and Appellant. City Attorney Garganese provided an overview of the Variance proceedings and advised Council the final decision may be appealed in Circuit Court; this Variance hearing is quasi-judicial and subject to strict rules of procedural due process and to base the ultimate decision on competent substantial evidence presented in the record; the City Council approach must be unbiased and fair and Members must advise if they can impartially hear the Appeal,free of conflicts of interest or ex parte communications at the beginning of the hearing. Discussion ensued when Council Member Walsh disclosed she resides near the subject property and received a Notice of Hearing regarding the March 2, 2017, Board of Adjustment Meeting. City Attorney Garganese inquired if Council Member Walsh believed the Application would be a financial benefit to her to which she responded no. City Attorney Garganese requested interested parties with any issue,with respect to Council Member Walsh's residential proximity to the subject property, please come forward and speak. Applicant, Ms. Diana Pittner, indicated she did not feel Council Member Walsh would be biased in her decision. Mayor Pro Tern McMillin stated he was present at the Board of Adjustment Meeting.City Attorney Garganese asked each Council Member if they had any ex parte communications outside of this Hearing with regard to the Application and the Appeal. Council Member Walsh stated three constituents, prior to the March 2nd meeting, inquired if she knew what was going on with the subject property; she told them they needed to City of Cape Canaveral, Florida City Council Regular Meeting April 18, 2017 Page 5 of 7 go to the that meeting for more information and that she understood a real estate office was going to be put there with some parking. City Attorney Garganese stated there were no questions, comments or concerns from the audience or anyone regarding those ex parte communications disclosed. City Attorney Garganese conducted group swearing in of all those members of the audience and Staff planning to provide testimony. Community Development Director David Dickey reviewed the Application for Variance No. 2017-01, the Appeal, the six criteria as established in City Code Sec. 110-37 that the final decision shall be based upon and stated the parcel, in its current configuration, existed prior to incorporation of the City. Discussion ensued and included subject property dimensions, parking, stormwater retention, landscaping, uses, conditions, what the City Code allows for with regard to setbacks and how a change of use would have to go through the Development Review Committee process. There were no comments or questions for Community Development Director Dickey. Applicant, Diana Pittner, agreed with Staff recommendations and provided testimony: plans regarding handicap accessibility, the need for 25 feet and all other required setbacks, engineering plan is not complete, requested the Variance be granted without any conditions of building size, property was purchased after the Variance was granted and changes to that would force legal action. Discussion ensued and included how Applicant plans to follow the drawing that has not been engineered yet and there being no guarantee the building dimensions would not change going forward in the planning process. Ms. Pittner stated she had no knowledge the Variance could be appealed, she has agreed to pursue the Application that was filed and the property was under contract contingent on the original owner obtaining the Variance. Discussion continued regarding the current configuration of the subject property going back to 1956 and when Brevard County created N. Atlantic Avenue; previous zoning along the road and behind the subject property. The Appellant, Bernie Lennon, stated he did not have questions at this time and provided testimony by handing out a list of eight statements and questions he described as being overlooked at the Variance Hearing on March 2nd. Discussion ensued around questions put forth regarding the prepared list and Appellant directed each question back to the list of eight items. City Attorney Garganese addressed Appellant and reviewed some of the City Code Sections cited on the list and stated they did not apply in this particular case. The Public Hearing was opened. Ron Taylor, 8871 Lake Drive, expressed concerns, favor for the Variance and complimented Council for the N. Atlantic Avenue Project. Terri Bowman, owner of 131 Oak Lane, expressed concerns and opinions on the item; it was determined her property did not fall within 500 feet of the subject property. Stuart Smith,215 Coral Drive, expressed favor for the Variance. Discussion ensued regarding lots behind the subject property. Carolyn Vincent Prather, 8802 N. Atlantic Avenue, expressed her concerns regarding the item. In rebuttal to Appellant, Applicant pointed out Lot 1, referred to in the Appellant's Item No. 1, is the property located behind the lot she owns; she clarified the building itself is not going to be 25 feet from N. Atlantic Avenue but rather 25 feet from the right of way which is 19 feet from the road,making a total of 46 feet. Appellant indicated he had nothing further to add or ask. Public Hearing was closed. Council discussion ensued and included details of the property boundary survey, surrounding lots to the subject commercial property and inherited issues due to Brevard County creating the road in 1956. City Attorney Garganese advised Council on the non-conforming lot of record before them and the next steps in the Hearing. Discussion ensued around possible motion City of Cape Canaveral, Florida City Council Regular Meeting April 18, 2017 Page 6 of 7 language. City Attorney Garganese advised Council of and Community Development Director Dickey confirmed, a typo on page four of five of the Agenda cover, the word "revert" should be "reverse". A motion was made by Mayor Hoog, seconded by Council Member Brown, to accept Staff Recommendation for Variance No.2017-01 as written and as follows: 1. The City Council reverse the BOA decision to grant the lot depth variance because said variance was not required for the property owner to develop the existing, non-conforming lot of record. 2. The City Council affirm the BOA's decision to grant a 25 foot set back variance from the 50 foot setback requirement from N. Atlantic Avenue as set forth in Sec. 110-56(a)(2) of the City Code, subject to the following condition: A. The variance is for the limited purpose of allowing the property owner to construct a single-story office building not to exceed 25' x 60' feet located within the southernmost portion of the subject parcel (see Attachment 6). Discussion then ensued around the Applicant's concern expressed during the hearing regarding the condition the width of the building not to exceed twenty-five feet, whether the issue needs to be addressed because that was not Staff's recommendation and whether Staff found it acceptable to remove the twenty-five foot building size width limitation from the recommended condition. City Staff indicated that the major concern surrounding the building width condition was to ensure construction of the building complied with the proposed and recommended 25 foot Variance from the N. Atlantic Avenue setback requirement in the City Code and, so long as the N. Atlantic Avenue setback Variance and all of the other requirements are met, Staff felt removal of the twenty-five foot building size width limitation was acceptable. Community Development Director Dickey stated that once all the City Code setback requirements are applied, the building will not likely exceed twenty-seven feet in width. City Manager Greene stated an amended motion is required to remove the twenty-five foot building size width limitation from the main motion approving Staffs recommendation. A motion was made by Mayor Hoog, seconded by Council Member Brown, to amend the main motion. Mayor Pro Tem McMillin requested clarification of the amended motion. City Attorney Garganese advised,based on Council's discussion,that the Amended Motion would read as follows: The variance is for the limited purpose of allowing the property owner to construct a single-story office building not to exceed 60' feet in length located within the southern-most portion of the subject parcel (see Attachment 6). Further discussion ensued regarding amended motion language and the original Staff recommendation. City Attorney Garganese advised the Amended Motion must be voted on first. The amended motion carried 4- 1 with Council Member Randels voting against the amended motion.City Attorney Garganese advised Council the Main Motion must now be voted on as amended. The main motion as amended was as follows: 1. The City Council reverse the BOA decision to grant the lot depth variance because said variance was not required for the property owner to develop the existing, non- conforming lot of record. City of Cape Canaveral, Florida City Council Regular Meeting April 18, 2017 Page 7 of 7 2. The City Council affirm the BOA's decision to grant a 25 foot set back variance from the 50 foot setback requirement from N. Atlantic Avenue as set forth in Sec. 110-56(a)(2) of the City Code, subject to the following condition: A. The variance is for the limited purpose of allowing the property owner to construct a single-story office building not to exceed 60' feet in length located within the southern-most portion of the subject parcel (see Attachment 6). The main motion carried 4-1 with Council Member Randels voting against. REPORTS: Council Member Walsh thanked City Manager Greene and Staff for the $98,400 grant received for the Banana River and Manatee Sanctuary Parks Shoreline Protection Project which also helps the Indian River Lagoon. City Manager Greene recognized Capital Projects Director Ratliff for his efforts. Council Member Brown thanked Brevard County Sheriff's Office for recent efforts to clean up the City's drug activity and to continue to be safe. Mayor Pro Tem McMillin announced the Earth Day Celebration at the Community Garden on April 22nd at 9 a.m. and Relay for Life of Central Brevard this April 22-23.2017 at Riverfront Park in Cocoa, FL. Mayor Hoog thanked Community Engagement/Deputy Public Works Services Director Surprenant and Culture and Leisure Services Director Vergara for the Mayors' Fitness Challenge effort and indicated the City of Cape Canaveral is in the lead to win. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:26 P.M. Mia Goforth, CMC, City Clerk Bob Hoog, Mayor SEAL of Cape Canaveral, Florida